Acts and resolutions of the General Assembly of the state of Georgia, 1890-'91 [volume 2]



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 II. COMPILED AND PUBLISHED BY AUTHORITY. ATLANTA, GEORGIA: GEO. W. HARRISON, STATE PRINTER. (Franklin Publishing House.)

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

TABLE OF TITLES FOR VOLUME II. PART V.CORPORATIONS. TITLE I.BANKS, BUILDING, LOAN AND TRUST COMPANIES. PART VI.LOCAL LAWS. TITLE I.MUNICIPAL CORPORATIONS. TITLE II.COUNTY OFFICERS. TITLE III.COUNTY AND CITY COURTS. TITLE IV.GAME, ETC. TITLE V.REGISTRATION. TITLE VI.ROADS AND BRIDGES. TITLE VII.EDUCATION. TITLE VIII.LIQUORS. TITLE IX.MISCELLANEOUS.

STATUTES OF GEORGIA PASSED BY THE GENERAL ASSEMBLY OF 1890-'91 . Volume II. Part V.Corporations. TITLE I.BANKS, BUILDING, LOAN AND TRUST COMPANIES.

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TITLE I . BANKS, BUILDING, LOAN AND TRUST COMPANIES. ACTS. Incorporating the Bank of Bainbridge. Changing Name of the Chatham Dime Savings Bank. Incorporating the Bank of Albany, Georgia. Incorporating the Merchants' and Miners' Bank of Tallapoosa, Georgia. Incorporating the Citizens' Bank of Valdosta, Georgia. Incorporating the Mechanics' and Planters' Bank of Georgia. Incorporating the Shellman Banking Company. Incorporating the Middle Georgia Bank. Incorporating the Americus Savings Bank. Incorporating the Talbotton Loan and Investment Company. Incorporating the People's Bank of Talbotton, Georgia. Incorporating the Flovilla Banking Company. Changing Name of American Loan and Banking Company. Incorporating the Bank of Waynesboro. Incorporating the Savannah Savings Bank. Amending Charter of the Germania Savings Bank. Incorporating the Exchange Bank. Incorporating the Maysville Bank.

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Amending Charter of the Progress Loan, Improvement and Manufacturing Company. Amending Charter of the Fulton Loan and Banking Company. Incorporating the Exchange Pank of Albany, Georgia. Incorporating the Southern Exchange Bank. Incorporating the Georgia Savings Bank of Atlanta. Amending Charter of the Americus Trust and Banking Company. Amending Charter of the Union Savings Bank. Incorporating the Continental Bank and Trust Company. Incorporating the Atlanta Piedmone Bank. Amending Charter of the Piedmont Loan and Banking Company. Incorporating the English American Loan and Trust Company. Incorporating the Atlanta Guarantee Savings Bank. Amending Charter of the Merchants' and Mechanics' Banking and Loan Company. Incorporating the Merchants' and Farmers' Bank of Quitman. Amending Charter of the Neal Loan and Banking Company. Incorporating the Augusta Banking and Loan Association. Incorporating the Carrollton Bank. Incorportaing the Bank of Oglethorpe. Amending Charter of the Exchange Bank of Macon. Incorporating the Atlanta Investment and Banking Company. Incorporating the Bank of Sumter. Conferring Banking Powers on the Sumter County Alliance Co-operative Association. Incorporating the Ellijay Loan and Banking Company. Amending Charter of the Capital City Land and Improvement and Banking Company of Atlanta, Georgia, etc. Incorporating the Atlanta Savings Bank. Incorporating the New England City Loan and Banking Company. Incorporating the New South Savings Bank. Changing name of the Cotton Mills Bank. Amending Charter of the Savings Bank of Griffin. Incorporating the Bank of Monticello. Incorporating the Bank of Richland. Incorporating the Merchants' Exchange Bank and Trust Company. Incorporating the Bank of LaGrange. Conferring Banking Powers upon the Columbus Investment Company. Incorporating the People's Banking Company. Amending Charter of the Farmers' Banking Company. Incorporating the Singleton Banking Company. Incorporating the Bank of Helena. Incorporating the Clark Banking Company. Incorporating the Citizens' Banking and Trust Company. Incorporating the Bank of Calhoun. Incorporating the Bank of Monroe, Georgia. Incorporating the Bank of Thomson. Incorporating the Commercial Bank of Macon. Incorporating the Excelsior Bank of Savannah. Incorporating the Jefferson Banking Company. Incorporating the Georgia Savings Bank. Incorporating the Northeastern Banking Company. Incorporating the Maddox and Rucker Banking Company. Amending Charter of the Citizens' Banking and Trust Company of Thomasville. Incorporating the Jackson Savings and Banking Company. Incorporating the Bank of Social Circle. Incorporating the Bank of Jug Tavern. Incorporating the Bank of Cochran. Amending Charter of the Exchange Bank of Athens. Incorporating the Rome Savings and Trust Company. Incorporating the People's Savings Bank and Trust Company. Incorporating the Bank of Randolph.

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Incorporating the Washington Loan and Banking Company. Incorporating the Thomason Banking Company of Madison, Georgia. Changing Name of the Savannah Savings Bank. Incorporating the Hall County Alliance Warehouse and Banking Company. Incorporating the Marietta Trust and Banking Company. Amending Charter of the Citizens' Bank of Savannah. Incorporating the Bank of Demorest. Incorporating the Jefferson Street Bank. Amending Charter of the Merchants' and Farmers' Bank of Quitman. Incorporating the Blackshear Bank. Amending Charter of the Bank of Smithville. Incorporating the Merchants' and Farmers' Bank of Boston. Incorporating the Fairburn Banking Company. Amending Charter of the Home Loan and Banking Company of Atlanta. Amending Charter of the Toccoa Banking Company. Incorporating the Farmers' and Merchants' Bank of Georgia. Incorporating the Georgia Banking and Loan Company of Atlanta, Georgia. Amending Charter of the Capital City Bank. Incorporating the Irish-American Dime Savings Bank. Incorporating the Washington Guaranty and Loan Company. Incorporating the Commercial Travellers' Savings Bank. Amending Charter of the Milledgeville Banking Company. Amending Charter of the Jackson Banking Company. Amending Charter of the Athens Savings Bank. Amending Charter of the Southern Exchange Bank. Incorporating the Northeast Georgia Loan and Banking Company. Incorporating the Merchants' and Farmers' Savings Bank. Incorporating the Glynn Title and Loan Company. Incorporating the Security Bank. Amending Charter of the Title Guarantee and Loan Company of Savannah. Incorporating the Bank of Louisville, Georgia. Incorporating the Bank of Commerce. Incorporating the Reynolds Exchange Bank. Incorporating the Bank of Statesboro. Incorporating the Exchange Bank of Forsyth. Incorporating the Economical Banking Company. Incorporating the Mercantile Bank. Incorporating the Bank of Tifton. Incorporating the Empire State Bank. Incorporating the Home Bank of Atlanta, Georgia. Incorporating the Georgia Savings Bank. Incorporating the Mutual Building, Loan and Land Association. Incorporating the Bank of Commerce. Incorporating the Planters' Bank of Americus. Incorporating the Shipp Banking Company. Incorporating the Clegg Banking and Savings Company. Amending Charter of the Merchants' and Farmers' Bank. Amending Charter of the South Georgia Bank of Waycross. Amending Charter of the State Savings Association. Incorporating the Americus Savings Bank. Incorporating the Bank of Rockdale. Incorporating the Farmers' and Merchants' Bank of Hartwell, Georgia. Incorporating the Merchants' and Farmers' Bank of Americus. Incorporating the Atlanta Trust and Guarantee Company. Incorporating the Woodbury Banking Company. Incorporating the Talbot Banking, Loan and Investment Company.

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INCORPORATING THE BANK OF BAINBRIDGE. No. 3. An Act to incorporate the Bank of Bainbridge, and for other purposes. SECTION I. The General Assembly of the State of Georgia do enact, That S. H. Dickinson, J. E. Dickinson, G. B. Trulock, D. A. Russell, W. M. Blount, J. D. Harrell Bro. (a firm composed of J. D. Harrell and C. L. Harrell), H. B. Ehrlich Co. (a firm composed of H. B. Ehrlich and Herman Ganz), E. Johnson, Mrs. D. A. Russell, G. G. Woodhull, J. T. Fain, Mrs. J. P. Dickinson, W. A. Dickinson, E. A. Weil, S. Herman, F. J. Hullman, Isaiah Griffin, C. M. Craig, W. D. Peoples and R. A. McTyre, and their associates and successors, are hereby constituted a body politic and corporate under the name and style of the Bank of Bainbridge, with power by this name to sue and be sued; to have and use a common seal, should they desire to do so, and to alter the same at their pleasure; to make, ordain and alter such by-laws as they may deem necessary for the business; to receive and hold such real estate or other property as may be conveyed to it in payment or satisfaction of any debt which may be mortgaged or pledged for the purpose of securing any debt which may be owing to said bank at any time: to receive deposits of money and other valuables, and to issue certificates therefor; to loan and borrow money; to discount and sell bills of exchange, promissory notes, bonds, stocks and securities generally, and to do a general banking and exchange business; to buy and sell such property as may be to the interest of said corporation in conducting said business, and for this purpose to secure and execute such receipts, contracts or other instruments of writing as may be necessary. Corporators. Corporate name and general powers. SEC. II. 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 power to said bank to increase the same to any amount, not exceeding five hundred thousand dollars, upon public notice of such increase being first given for thirty days in a public gazette, published in the city of Bainbridge, in which shall be specified the amount of the increase about to be made in the capital stock of said company; provided, however , that if the president and Board of Directors of said bank should at any

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time desire an increase, not exceeding ten thousand dollars at one time, they may increase their stock without giving the notice specified. Capital stock. SEC. III. Be it further enacted by the authority aforesaid, That so soon as there has been fifty thousand dollars subscribed to the capital stock of said bank, and four-fifths of said amount paid in in lawful currency of the United States, the said stockholders shall be authorized to organize themselves, and commence business under this Act. The corporate powers of said bank shall be exercised by a Board of Directors of not more than nine and not less than five persons, to be chosen as hereinafter provided, who shall from their number elect a president, and a cashier not of this number. Said directors shall be elected by the stockholders on the first Tuesday in January of each year, or within thirty days thereafter, by giving ten days' notice in person or by mail to each and every stockholder in said bank and corporation, and said directors shall continue in office until their successors are elected and qualified. A majority of said directors shall have power to act at all meetings, and shall fill any vacany that may occur in the number. Each stockholder shall vote in person or by proxy, under written power of attorney, and shall be entitled to one vote for every share he may hold, but no stock shall be voted which may be in arrears for installments, fines or other dues until such arrears are paid up in full. Organization. Directors and officers. Votes of stockholders. SEC. IV. Be it further enacted by the authority aforesaid, That the minutes of the proceedings of the Board of Directors shall be kept in a book to be provided for that purpose, and shall be signed by the president and secretary, and the same shall be at all times subject to the inspection of any stockholder. Minutes. SEC. V. Be it further enacted by the authority aforesaid, That the Board of Directors shall make semi-annual statements of the condition of said bank, on the first Monday in January and July of each year to the stockholders, and it shall be the duty of said bank, and of each branch thereof, to make to the Governor of the State semi-annual returns of its condition, said returns to be made out and verified as prescribed by the statutes of the State. Semi-annual statements and returns. 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

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stockholders 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 corporations 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 and stockholders for corporate debts. SEC. VII. Be it further enacted by the authority aforesaid, That said corporators, or any three of them, are hereby authorized to open books of subscription to the capital stock of said bank at their office in the city of Bainbridge, and shall keep them open until the amount of fifty thousand dollars shall have been subscribed thereto, and the power and authority conferred by this Act shall remain in force for fifty years from the passage thereof. Books of subscription. Term of charter. SEC. VIII. Be it further enacted by the authority aforesaid, That said Bank of Bainbridge, after the same shall have organized with not less than fifty thousand dollars of subscribed stock, shall have the right at any time to create and establish a savings department, as hereinafter provided. Whenever the stockholders or a majority of them deem it advisable, they may authorize the directors of said bank to open books of subscription to the capital stock of said bank, to be paid as hereinafter provided, and shall fix the amount of stock to be subscribed. All subscriptions to the capital shall be binding upon the subscribers, and upon their heirs and assigns and their legal representatives, and shall be payable in such installments as the directors may require, and if any subscriber shall fail to pay such installment within sixty days after the same is due, according to the by-laws of said bank, his stock shall be in default, and the same shall be sold to the highest bidder for cash on the first Tuesday in any month after the expiration of said sixty days, the same to be sold by some officer or agent of said bank, publicly at the court-house door, between the legal hours of sale. At least ten days' written notice shall be given the delinquent subscriber of the time and place of sale. Notice of sale for a like period shall be posted at the court-house door, and in some conspicuous place in the office of said

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bank. Any stock so sold may be bought in by and for said bank, and be reissued to some other person upon his paying up the value of the same, including unpaid installments, the delinquent subscriber receiving the surplus, if any, over and above the expenses incident to said sale, advertising charges and attorney's fees, and any deficiency in the sum thus received, necessary to make up the amount due and expenses, shall be made good to said bank by the delinquent, said bank having the right to sue for the same. A new certificate shall be issued to the purchaser, who shall stand in the same relation to said bank as the delinquent would have done had he not so made default. If installments on stock are paid after due, and before the expiration of sixty days, the stockholder or subscriber so paying shall also pay interest at the rate of eight per cent. per annum from the time said money was due. Whenever a subscriber shall pay up his subscription in full, he shall have issued to him one share of paid up capital stock of said bank for each one hundred dollars paid, and shall thereafter have all the rights of an original stockholder to the extent of the stock held by him. The directors shall annually or semi-annually, as they may deem best, pay such rate of interest to those stockholders paying on the installment plan as the business of said bank may justify, and as would be equitable and just, the amount paid in by each subscriber and the time of its payment being considered. Savings department. Payments for stock, etc. SEC. IX. Be it further enacted by the authority aforesaid and it is hereby enacted by the same, That said bank may, from time time to time, open its books anew for subscriptions to its stock on the installment plan, as hereinafter provided, keeping always in the limits of stock in the original charter named. New subscription for stock. SEC. X. Be it further enacted by the authority aforesaid, That said bank shall have the right and pleasure to open a saving department, paying such interest on the deposits as shall be agreed on by the parties, and not in violation of law. Interest on savings deposits. SEC. XI. Be it further enacted by the authority aforesaid, That said Bank of Bainbridge shall have power to accept and execute the office and appointment of executor of the last will and testament of any person, and as guardian when appointed as such by will, but not otherwise; and the Ordinaries of this State are authorized to grant letters testamentary to said bank when it is duly appointed executor of any will. Said bank shall have the power to accept and execute the office of agent, assignee, receiver or trustee of every kind whatever, whether

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the office or appointment shall be conferred by any person or persons, or by any corporation, private or public, or by any court, either of the United States or the State of Georgia. The capital stock, property and assets of said bank shall be absolutely liable for the faithful management of the trust confided to its care as guardian, trustee, agent, assignee or receiver as aforesaid. All laws of force in this State, and not contrary to provisions of this Act, concerning executors, administrators, guardians, trustees or receivers, shall apply to this bank when appointed to such office. Power to act as executor, guardian, agent, trustee, etc. Liability for management of trust, etc. SEC. XII. Be it further enacted by the authority aforesaid, That in all cases where it becomes necessary for said bank to make legal investigation in their judgment of any securities, real or personal, offered, or the solvency of any indorser, by an examination of titles or of records, that it shall be lawful for said bank, by agreement with the borrower, to charge for abstracting the titles, and such necessary inspections, and reporting upon the property and securities offered, and to reimburse itself for any attorney's fees or other expenses incurred in doing the same. Charges for abstracts of title, etc. SEC. XIII. Be it further enacted, That married women and minors shall be competent to make deposits with this corporation of money or of other valuables, and their checks or receipts for the same shall be a sufficient discharge to said bank, and any contract made by them with said bank as to said deposits shall be valid and binding in law. Such deposits shall not be subject to the claim, control or debts of the husband of such married woman, or the parent or guardians of such minors. Deposits by married women and minors. SEC. XIV. Be it further enacted, That all laws in conflict with this Act be, and the same are, hereby repealed. Approved November 26, 1890. CHANGING NAME OF THE CHATHAM DIME SAVINGS BANK. No. 4. An Act to amend an Act incorporating the Chatham Dime Savings Bank, approved August first, 1889, by changing the name of said bank to the Chatham Bank. SECTION I. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly

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met, and it is hereby enacted by the authority of the same, That the Act incorporating the Chatham Dime Savings Bank, approved August the first, eighteen hundred and eighty nine, be, and the same is, hereby amended, so that from and after the passage of this Act, the name of said bank shall be changed from the Chatham Dime Savings Bank to the Chatham Bank. Name changed to Chatham Bank. SEC. II. And it is hereby further enacted by the authority of the same, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved November 25, 1890. INCORPORATING THE BANK OF ALBANY, GEORGIA. No. 9. An Act to incorporate the Bank of Albany, 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 Walter Muse, B. L. Weston, James Weirs, R. S. Pattillo, J. A. Johnston and J. D. Pope, and such other persons as may hereafter be associated with them, and their successors, be and they are, hereby declared and constituted a body corporate and politic under the name of the Bank of Albany, Georgia, to be located in the city of Albany, Georgia. Corporators. Corporate name and location. SEC. II. Be it further enacted, That the capital stock of said company shall be fifty thousand dollars, with the privilege of increasing it to two hundred and fifty thousand dollars, by a vote of two-thirds of the stockholders, said stock to be divided into shares of one hundred dollars each; and when twenty-five thousand dollars is subscribed and twenty per cent. thereof paid in, this company may organize and elect its officers. Said twenty per cent. shall be paid as the subscriptions are taken. When twenty-five thousand dollars is actually paid in, this company may commence business. Capital stock. Organization, etc. SEC. III. Be it further enacted, That when the second section of this Act shall have been complied with, said corporation shall have continual succession under the name of the Bank of Albany, Georgia, and by said name shall be competent in law to contract and be contracted with, sue and be sued, plead and be impleaded, in any court having jurisdiction over the subject matter involved; to receive, purchase, own, hold and use property of all descriptions, either as security or

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as an investment, and afterwards may sell and convey such property at pleasure. Said bank shall have power to make and use, renew and alter at pleasure a corporate seal; to do all acts and things necessary and proper to carry into effect the objects and purposes of this Act, not inconsistent with the laws of this State or the United States. General powers. SEC. IV. Be it further enacted, That said corporation shall have power to receive money on deposit, to lend and borrow money, take and give therefor such securities as may be considered best; to purchase and discount bills of exchange, stocks and bonds; to make advances on cotton and other products, and take liens thereon; to do all other acts it may deem advisable for the safe keeping and secure and profitable investment of its funds. Banking powers. SEC. V. Be it further enacted, That the business and corporate powers of said bank shall be exercised by a board of seven directors, to be chosen as hereinafter provided, who shall elect from their number a president; may declare by-laws for their government and for the management of said corporation not inconsistent herewith. Each director shall own in his own name not less than five shares of said stock. Said board shall have power to elect a vice-president and cashier, and such other officers as the business may require. Management. SEC. VI. Be it further enacted, That the persons named in the first section of this Act, or any three of them, are hereby appointed commissioners to open books of subscription to the capital stock of said bank in Albany, Georgia, and may keep them open as long as they deem proper. The directors of said bank shall be elected by a majority in interest of the stockholders thereof voting at said election, under the inspection of said commissioners, at such place as they may designate, immediately upon the closing of the subscription books, and on the second Monday in every year thereafter. No election shall be valid where a majority of the whole stock paid in is not represented. In all elections for directors, and in all questions that may come before any convention of stockholders, each share of one hundred dollars shall entitle the owner to one vote. Vacancies occurring in the board during the year may be filled by the board. All transfers and sales of stock in said bank, in order to be valid, must be made on the books of the company by the owner of the stock, or his lawfully appointed attorney in fact. Stock sold or transferred within sixty days prior to an annual election will not be allowed to vote at said election. Books of subscription. Election of directors, etc. Vacancies. Sales and transfers of stock.

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SEC. VII. Be it further enacted, That should there be no election of directors at any annual meeting, the directors shall order an election to be held as soon as practical thereafter, notice of which election shall be published fifteen days before the same occurs. All stockholders voting must do so in person or by written proxies. Failure to elect directors at annual meeting. SEC. VIII. Be it further enacted, That said corporation may pay and receive such rates of interst as may be determined by the Board of Directors, not inconsistent with the laws of this State. Interest. SEC. IX. 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 stack, 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 citizens upon the capital property and assets of said bank. Liability of corporation and stockholders for corporate debts. SEC. X. Be it further enacted, That the total liability to said banking company of any person for money borrowed shall at no time exceed one-tenth part of the capital of said bank paid in, but the discount of bills of exchange, drawn in good faith, and advances made on warehouse and elevator receipts, and loans made on collaterals convertible in open market, and the discount of commercial paper actually owned by the person negotiating the same, shall not be considered as borrowed money. Limitation of right to lend money. SEC. XI. Be it further enacted That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved November 26, 1890.

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INCORPORATING THE MERCHANTS' AND MINERS' BANK OF TALLAPOOSA, GEORGIA. No. 10. An Act to incorporate the Merchants' and Miners' Bank of Tallapoosa, Georgia. SECTION I. Be it enacted, That John D. Taggart, J. C. Bourne, R. L. Rickets, L. M. Sanford, J. H. Maddox, R. L. Speneer, I. M. Watson, J. R. Driver, A. I. Head, David Quackinbush, J. W. Caseldine, W. L. Tumlin, and such other persons as may be associated with them and their successors and assigns, are hereby constituted a body corporate under the name of the Merchants' and Miners' Bank, to be located in the city of Tallapoosa, Haralson county, Georgia. Corporators. Corporate name and location. SEC. II. Be it further enacted, That the capital stock of said bank shall be two hundred thousand dollars, said stock to be divided into shares of one hundred dollars each, and when there shall be one hundred thousand dollars of said capital stock subscribed, and fifty per cent. of said one hundred thousand dollars paid in in lawful money of the United States, the said bank may organize and proceed to business under this Act. Capital stock. Organization, etc. SEC. III. Be it further enacted, That when the subscriptions authorized in the second section of this Act shall amount to one hundred thousand dollars in money of the United States shall have been received by the commissioners provided for in this Act on account of subscriptions, then the said subscribers shall be and become a body corporate and politic of continual succession, under the name of the Merchants' and Miners' Bank, and by that name shall exercise corporate powers and be competent to contract and be contracted with, sue and be sued, plead and be impleaded, in any court having jurisdiction of the subject matter involved; and shall be capable of receiving and purchasing and holding real and personal property, so far as may be necessary for the safe and convenient prosecution of the business of said bank as a bank of deposit and discount, and said bank shall have power to make and use, renew and alter at pleasure, a corporate seal, and do all things necessary and proper to carry into effect the objects and purposes of this Act, and the business of said corporation not inconsistent with the laws of this State and of the United States. General powers.

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SEC. IV. Be it further enacted, That said corporation shall have power to receive money of deposit, to loan and borrow money, to take and give therefor such security as may be considered best, to purchase and discount notes and bills of exchange, and do all other acts it may deem advisable for the safe keeping and secure a profitable investment of its funds. Banking Powers etc. SEC. V. Be it further enacted, That the total liabilities to said bank of any person or any company, corporation or firm for money borrowed, including the liabilities of a company or firm, the liabilities of the several members thereof shall at no time exceed one-tenth of the capital stock of said bank, but the discount of bills of exchange drawn in good faith, and the discount of commercial paper actually owned by the person negotiating the same, shall not be considered as borrowed money; provided , also that no member of the Board of Directors shall be permitted to become indebted to the same in excess of ten per cent. of its capital stock. Limitation of right to lend money. SEC. VI. Be it further enacted, That the directory of said bank may semi-annually declare a dividend of so much of the net profits as they shall deem expedient; but before declaring such dividend they shall carry one-tenth of its net profits of the preceding half year to its surplus fund until the same shall amount to twenty-five per cent. of its capital stock paid in; but it shall not be lawful for them to create or accumulate a surplus of profits exceeding one hundred per cent. of their paid-in capital, and said capital stock and surplus and assets of every kind shall be liable for any and all debts of the bank, and in addition thereto the stockholders shall be individually liable for any debts of the bank to the full extent of their unpaid shares. That said bank shall be responsible to the creditors of the same to the full extent of its corporate property, and the rights and privileges hereinbefore granted shall be valid and in effect for fifty years. Dividands. Surplus Profits. Liability of corporation and stockholders for corporation debts. Term of charter. SEC. VII. Be it further enacted, That the Board of Directors shall issue to each stockholder certificates of stock truly representing his or her interest, and such stock shall be held bound to the bank for any dues or other indebtedness by said stockholders to the bank; and no stockholders who may be indebted to the said bank, either as principal, indorser or security, shall, while so indebted, sell or transfer the stock held by him or her without the consent of the president and directors of said bank; and all sales and transfers of the stock in said bank must, in order to be valid, be made on the books of the bank by the owner of stock, or his lawful attorney in fact. Stock certificates. Liability of stockholder to corporation, etc. Sales, etc., of stock.

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SEC. VIII. Be it further enacted, That the business and corporate powers of said bank shall be exercised by a Board of Directors of not less than five nor more than nine, and each one an owner of not less than five shares of said stock in his own name, one of whom shall be elected president, and three of whom shall constitute a quorum for the transaction of the business of said bank. Said board shall have power to elect a vice-president and cashier, and such other officers as the interests of the business of said bank may require, and shall have power to require the cashier, or such other officers as they may require, to give such bonds as they may deem necessary for the faithful performance of their several duties, and they shall declare by-laws for their government fixing the number of directors and the days of meeting of said board, and the salaries of its officers. Management. SEC. IX. Be it further enacted, That the said corporation, the Merchants' and Miners' Bank, shall have power to receive valuables and other articles of personal property of any sort or kind, including certificates of stock, choses-in-action, securities or other evidences of the same, or of titles thereto, on deposit for safe keeping, from any person or persons, as well as from executors, guardians, administrators, trustees, receivers, corporations, public and private officers, assignees, and all other fiduciaries, the said The Merchants' and Miners' Bank charging and receiving therefor such sums of money as may be agreed upon; to receive deposit of money for investment purposes on such lawful terms as may be agreed upon, to issue certificates or receipts therefor, to negotiate, buy or sell for others, stocks, bonds, bills of exchange, promissory notes, rents, mortgages, deeds, choses-in-action, securities, real and personal property; to make or negotiate loans for others for any length of time upon real or personal property in any State or Territory of the United States, and to secure the same by mortgages, deeds or otherwise, and for all such loans said corporation, the said Merchants' and Miners' Bank, shall have the power and authority to charge and collect therefor for expenses incurred and services rendered, or procured to be rendered, in examining the property advanced upon and in making investigations and abstracts of title thereto, and for reporting on and inspecting the property offered as security; to receive money in trust or on deposit, and invest or accumulate the same at such rates of interest as may be agreed upon by the borrower and said bank, not to exceed the lawful rate, and to accept and execute all such trusts of every description as

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may be committed to it by any person or persons or corporation whatsoever. Special deposits. Deposits for investment. Purchase, etc., of stocks, bonds, etc. Loans, etc. Receiving money in trust, etc. Power to Act as trustee, etc. SEC. X. Be it further enacted, That the parties named in the first section of this Act, or any three of them, or their successors or assigns, shall and they are hereby appointed commissioners to open books of subscription to the capital stock of said bank at such time and place and for such amounts as they, or a majority of them, shall deem proper, but for no less sum than one hundred thousand dollars. The directors of said bank shall be elected by a majority in interest of the stockholders of said bank, voting at such election under the inspection of said commissioners at such place as they may designate, within twenty days from the closing of the subscriptions called for by them, and on the second Tuesday in January in every year thereafter. No election shall be valid when a majority of the whole stock is not represented, and in any election for directors, and in all questions that may come before any convention of stockholders, each share of one hundred dollars of stock shall entitle the owner to one vote, and it shall be the duty of the president, vice-president and cashier of said bank to lay before the stockholders thereof semi-annual statements of the business and condition of the bank, its assets and liabilities, and to make such returns under oath to the Governor of the State as are now required by law to be made. Books of subscription. Elections of directors, etc. Semi-annual statements and returns. SEC. XI. 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 stockholders shall be further and additional individually liable, equally and ratably, and not one for another, as sureties, to depositors of said corporation for all moneys deposited therein in an equal amount 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 and stockholders for corporate debts. SEC. XII. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved November 26, 1890.

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INCORPORATING THE CITIZENS' BANK OF VALDOSTA, GEORGIA. No. 14. An Act to incorporate the Citizens' Bank of Valdosta, with power to do a banking business, act as agents, and for other purposes, with its principal office in the city of Valdosta, Lowndes county, Georgia. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That John F. Lewis, J. O. Varnedoe, J. G. Stephens, David Thomas, C. C. Varnedoe, Frank Roberts, W. H. Briggs, T. G. Cranford, T. B. Converse, T. S. McKey, Willis Lang and J. M. Wilkinson, and such others as may be associated with them, and their successors and assigns, are hereby constituted a body corporate under the name and style of the Citizens' Bank of Valdosta, having its principal office and place of business in the city of Valdosta, Lowndes county, Georgia. Corporators. Corporate name and location. SEC. II. Be it further enacted, That the capital stock of said company will be one hundred and fifty thousand dollars ($150,000.00), divided into shares of one hundred dollars ($100.00) each, with the privilege of increasing the same, from time to time, at the will of a majority of the stockholders to any sum not more than five hundred thousand dollars ($500,000.00), and each share shall entitle the owner thereof to one vote in all the conventions or meetings of the stockholders. Capital stock. SEC. III. Be it further enacted, That the parties named in the first section of this Act, or a majority of them, are hereby appointed commissioners to open books of subscription to the capital stock of said bank at such time and place in the city of Valdosta as they may determine. Before opening such subscription books to the public generally, said commissioners shall first open the same to all persons who have signed an agreement to take stock in said bank when chartered, and if all the shares are not taken by the parties who signed said agreement, then the commissioners shall open the said subscription books to the public generally, and when the said capital stock of one hundred and fifty thousand dollars ($150,000.00) has been subscribed, and twenty-five per cent. (25%) thereof paid in the lawful currency of the United States, the said commissioners shall call a meeting of the stockholders for the purpose of organizing this corparation and electing a

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president, vice-president and Board of Directors. The said commissioners shall turn over to the Board of Directors the subscription lists and the money collected thereon, and such other books and papers as they may have belonging to said bank. Books of subscription. Organization. SEC. IV. Be it further enacted, That when twenty-five per cent. (25%) of the capital stock has been received by the commissioners, the subscribers shall then become a body corporate under the name and style of the Citizens' Bank of Valdosta, and by that name shall exercise corporate powers, and shall be competent to contract and be contracted with, to sue and be sued, plead and be impleaded in any court having jurisdiction of the subject-matter; to have and use a common seal, and at pleasure alter the same; to declare and establish by-laws, rules and regulations not inconsistent with the laws of this State or of the United States as it shall deem proper; to receive, purchase, own, hold and use property of all description necessary and proper to its business, and the same to alien, convey, lease, mortgage, or otherwise dispose of, and in general to exercise any corporate power necessary to expedite and accomplish the purposes of this organization. General powers. SEC. V. Be it further enacted, That the corporate powers of said bank shall be vested in and exercised by a Board of Directors, who shall serve for one year and until their successors are elected and qualified, except the first board, who shall serve until the election of their successors, and shall have power to fill any vacancy which may occur in said board, and shall appoint a cashier and such other officers, agents and clerks as the business of the bank may require, fix their salaries and define their duties, and to remove them at will, requiring of any officer or agent, cashier or clerk such bond and security as may be deemed necessary by said board. No stockholder shall be eligible as a director who is not the owner of at least five (5) shares of the capital stock of said bank, unpledged and unincumbered. Management. SEC. VI. Be it further enacted, That the president, vice-president and directors of said bank shall be elected by a majority in interest of the stockholders voting at the election held under the inspection of said commissioners, at such time and place in Valdosta as they may designate, and annually thereafter on the first Tuesday in January of each year in the company's banking house in Valdosta, at which time the annual meetings of the stockholders shall be held. There shall not be more than seven nor less than five members of the

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directory, and the president and vice-president shall by virtue of their offices be members thereof. Election of officers, etc. SEC. VII. Be it further enacted, That if from any cause the annual meeting shall not be held at the time appointed in this Act, the president, or any number of the stockholders representing one-third of the whole number of shares of said bank, may call a meeting by giving five days' written notice to each stockholder, or by publishing five (5) days' notice in some newspaper published in said city of Valdosta. Failure to hold annual meeting. SEC. VIII. Be it further enacted, That the said bank shall have power to transact a general banking business, to receive deposits of money, and to buy and discount notes, drafts, bills of exchange, checks, certificates and other evidences of debt; to purchase, own, sell and hypothecate stocks; to lend money and take as security real estate, bonds, stock, promissory notes, and any other thing of value; to borrow money and secure the payment of the same by deed or mortgage and any written evidence of debt, and by any other security; to invest these funds in real estate or such other property as the Board of Directors under its by-laws may determine; to buy and sell domestic and foreign exchange, and to make collections and to charge and receive pay for the same. Banking powers, etc. SEC. IX. Be it further enacted, That said bank shall have power to lend money on real or personal property, or such other property as they may see fit at any rate of interest, not exceeding the rate allowed by law, at the time such contracts shall be made, and charge interest for the full time, and include the sum in the note or notes or other evidences of debt given therefor, and collect the same by monthly or other installments, if the debtor shall agree thereto without any rebate or interest thereon; and to secure any or all such liens, advances or other debts owing to it, said bank is authorized to take such mortgage or deed of trust, conveyance or other security as it may deem proper, and to negotiate loans, and to invest funds for other persons or corporations upon such terms and conditions and upon such commissions to be paid by the lender or borrower as may be agreed upon. Power to lend money. [Illegible Text] etc. Negotration of loans, etc. SEC. X. 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

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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 and stockholders for debts of corporation. SEC. XI. Be it further enacted, That the total liabilities to said bank of any person, corporation, company or firm for money borrowed, including in the liabilities of said firm the liabilities of the individual members thereof, shall in no event exceed ten per cent. of the capital of said bank, but advances made upon bills of lading, warehouse receipts, commercial and negotiable papers, or farm products and other securities convertible in open market, shall not be considered borrowed money under the provisions of this section. Limitation of power to lend money. SEC. XII. Be it further enacted, That the Board of Directors shall issue or cause to be issued to each stockholder a certificate of stock truly representing his or her interest, and such stock shall be bound to the bank for dues or other indebtedness of said stockholder in the bank, and a lien is hereby declared on the same in favor of the bank, which may be fore-closed upon the same as a mortgage upon personal property, and sold in the same way. And no stockholder who may be indebted to the said bank, either as principal, security or indorser, shall, without the consent of the Board of Directors, sell or transfer his or her or their stock; and all sales or transfers of stock in said bank must, in order to be valid, be made upon the books of the company by the owner of the stock, or his lawfully appointed attorney in fact, under such rules and regulations as may be declared by the by-laws, and any other transfer shall be void as against this company. Certificates of stock. Liability of stockholders to corporation. Sale, etc., of stock. SEC. XIII. Be it further enacted, That said corporation shall have power to act as fiscal agent for the State of Georgia, or for any other State, or for any county, city, town, corporation or municipality whatever; for negotiating, registering, selling and countersigning bonds, certificates of stock, or for other obligations, and generally for managing such business for such corporations as may be agreed upon. May act as fiscal agent etc. SEC. XIV. Be it further enacted, That married women and minors shall be competent to make deposits in said bank of

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money and other things of value, and their checks or receipts for the same shall be a sufficient discharge to said bank, and any contract made by them to the said bank in the regular course of business for deposits shall be binding and valid in law, and such deposits shall not be subject to the claim, control or debt of the husbands respectively of such married women, to the parents or guardians respectively of such minors. Deposits by married women and minors. SEC. XV. Be it further enacted, That this charter shall be in force for a term of fifty (50) years from date of organization. Term of charter. SEC. XVI. Be it further enacted, That all laws or parts of laws in conflict to this Act be, and the same are, hereby repealed. Approved December 1, 1890. INCORPORATING THE MECHANICS' AND PLANTERS' BANK OF GEORGIA. No. 17. An Act to incorporate the Mechanics' and Planters' Bank of Georgia, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That John M. Green, Edgar Dunlap and John L. Tye, and such other persons and corporations as shall hereafter become associated with them, and their successors and assigns, be, and they are, hereby constituted a body corporate, under the name of the Mechanics' and Planters' Bank of Georgia, under which name they may sue and be sued, contract and be contracted with, take, hold, use and convey property, real or personal, or any interest therein; have and use a common seal; make and enforce by-laws, and do all things necessary or convenient for carrying out the purpose of its organization. Corporators. Corporate name and general powers. SEC. II. Be it further enacted, That said corporation shall have power to receive money on deposit; to borrow and lend money on any security; to purchase and discount notes and bills of exchange, stocks and bonds; to lend money for others, and to make such lawful charges as may be agreed upon in addition to the legal rate of interest for securing satisfactory investigation of titles and necessary deeds, mortgages and liens. It may lend money for any period of time, and add to the principal

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the interest thereon for the whole period of said loan, and may require of the borrower the payment of the whole of said sum in equal monthly installments without rebate of interest. Banking powers, etc. Loans of money. SEC. III. Be it further enacted, That said corporation may, for any consideration agreed upon, negotiate and effect loans between any parties and upon any security, real or personal. It may receive and invest the moneys of any parties, or it may sell, negotiate or place in behalf of any company, corporation, municipality, State or person any shares, stocks or bonds, notes, mortgages or other security. It may, as principal, agent or trustee, take the title to, or any interest in, any property, real or personal, for the purpose of raising and negotiating loans thereon. Negotiation of loans for others, etc. SEC. IV. Be it further enacted, That the capital stock of said company shall be one hundred thousand dollars divided into shares of one hundred dollars each, with the privilege of increasing said capital stock at any time to five hundred thousand dollars, by a majority vote of the stock present or represented at any meeting called for the purpose. The incorporators herein named, or a majority of them, are hereby authorized to open books of subscription for said stock, and to organize and begin business when said stock shall have been subscribed for and one hundred thousand dollars paid in. Capital stock. Books of subscription, organization, etc. SEC. V. Be it further enacted, That voting in stockholders meetings shall be by stock. The principal office of said corporation shall be in Atlanta, Ga., but they may establish agencies anywhere. Votes of stockholders. Principal office, etc. SEC. VI. Be it further enacted, That at the first meeting of the stockholders after organization, a board of not less than five, nor more than nine directors shall be elected from among the stockholders, who shall hold their office for one year and until their successors are elected. A majority of the Board of Directors shall constitute a quorum for the transaction of business. Said board shall have the general management and control of the business of the corporation, and shall appoint all officers that they shall deem necessary and prescribe their duties and compensation. Management. SEC. VII. 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 of 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

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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 and stockholders for corporate debts. SEC. VIII. Be it further enacted, That the total liabilities to said bank of any person, or of any company, corporation or firm shall at no time, nor by any means or device, exceed one tenth part of the amount of the capital stock of said bank paid in; provided , that bllls of exchange, commercial papers, bills of lading, warehouse receipts and securities convertible in open markets shall not be included in said liabilities. Limitation of right to lend money etc. SEC. IX. Be it further enacted, That the Board of Directors shall issue to each stockholder certificate of stock representing his interest, and such stock shall be held bound to the bank for any dues or indebtedness by said stockholder to the company, and no stockholder who may be indebted to said bank shall, while so indebted, sell or transfer the stock held by him, without the consent of the president and directors of said bank, and all sales and transfers of stock must, in order to be valid, be made on the register and transfer books of the bank by the owner of the stock or his lawfully appointed attorney in fact. Certificates of stock. 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 4, 1891. INCORPORATING THE SHELLMAN BANKING COMPANY. No. 19. An Act to incorporate the Shellman Banking Company. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That Thomas A. Wall, W. J. Oliver, S. A. Daniel, L. P. Arthur, F. B. Arthur, A. B. Arthur, S. J. Payne, C. W.

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Martin, C. H. Arthur, B. K. Arthur, J. B. Payne, J. M. Anthony, C. E. Grubbs, A. E. [Illegible Text] W. S. Arrington, H. G. Powell, Robert Powell, D. S. Newkirk, A. A. Dantzler, J. D. Dantzler, R. L. Cheney, M. W. Cox and N. L. Helm, and their associates, successors and assigns are hereby constituted a body corporate under the name of the Shellman Banking Company, to be located at Shellman, Randolph county, Georgia, with power to sue or be sued in such name in any court whatever; to have and to use a common seal; to contract and be contracted with; to purchase, own and hold real estate and personal property of every description; to sell, convey, rent, lease, mortgage, pledge, or otherwise dispose of any of its property; to make, amend and repeal by-laws for the government of said corporation, that are consistent with law, and to exercise in general all powers incident to corporations, and to do all things necessary or proper to carry into effect the object and purposes of this Act. Corporators. Corporate name and general powers. SEC. II. Be it enacted by the authority aforesaid, That said corporation shall have power to do a general banking business; to receive deposits, discount notes, drafts and other evidences of debt, buy and sell exchange, and make collections; to borrow and lend money, and give and take such securities therefor as it may consider best, and to do all acts it may deem best for the safe-keeping and profitable investment of its funds. Banking powers, etc. SEC. III. Be it further enacted, That the capital stock of said corporation shall be twenty-five thousand dollars, divided into shares of fifty dollars each, which may be increased at any time to fifty thousand dollars, by a vote of a majority of the stockholders, at interest. Said corporators, or any two of them, are hereby authorized to open books of subscription to the capital stock of said company, and as soon as ten thousand dollars is subscribed to said capital stock, and five thousand dollars or more is paid in, they may call a meeting of said subscribers, who shall hold an election under the supervision of said corporators, for a Board of Directors, who shall be elected from among the stockholders by a vote of the owners of a majority of the stock, and at which election each share of stock shall represent one vote. The Board of Directors thus elected shall hold their offices until the regular annual meeting, and until their successors are elected and installed. Capital stock. Organization, etc. SEC. IV. Be it further enacted, That the corporate powers of said corporation shall be vested in a board of seven directors, chosen and elected annually, and five of whom shall constitute a quorum for the transaction of business. No person, however,

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shall be elected a director of said bank unless he is a stockholder in said bank, and owning in his own right as many as three shares of stock. Said Board of Directors shall elect from their number a president, and shall also have power to appoint a cashier, and such other officers as they may deem necessary to the business of said corporation, fix their compensation, and may prescribe the duties and liabilities of such president and other officers, and may make and alter all by-laws, rules and regulations for the government of said corporation and the management of its affairs that are consistent with the powers of this Act. Management. SEC. V. Be it further enacted, That certificates of stock shall be issued to said stockholders of such form and in such manner as may be prescribed by said board of directors, and said stock may be transferred on the books of said company, either in person or by written power of attorney. In all meetings and conventions of said stockholders, each share of said stock shall entitle the holder thereof to one vote, which may be given either in person or by proxy, duly appointed in writing. Certificates of stock. Votes of stockholders. SEC. VI. Be it further enacted, That the annual or special meetings and conventions of said stockholders shall be held at such times and under such regulations as shall be fixed by the by-laws of said corporation; but the act of no meeting or convention shall be valid unless a majority of the stock is represented. At each annual meeting of the stockholders there shall be elected a full Board of Directors, who shall, in addition to other duties required of them, make, or cause to be made, full statements of the condition of the business of said corporation, from time to time, as the owners of a majority of the stock may require, and out of the net profits of the business shall annually or semi-annually declare such dividends to the stockholders as may be expedient. Stockholders' meetings. Elections. Statements by directors. Dividends. SEC. VII. 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 stockholders 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

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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 and stockholders for corporate debts. SEC. VIII. Be it further enacted, That the term of this charter shall be for fifty years. Term of charter. SEC. IX. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 4, 1891. INCORPORATING THE MIDDLE GEORGIA BANK. No. 20. An Act to incorporate the Middle Georgia Bank. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That H. M. Comer, of Savannah, Georgia, Ralph Jones, C. D. Leonard, E. B. Ezell, B. W. Hunt, R. W. Hutchinson, T. G. Lawson and W. B. Wingfield, of Putnam county, Georgia, and their associates and successors, are hereby constituted a body corporate and politic under the name of the Middle Georgia Bank, with power under this name to sue and be sued; to have and use a common seal; to make, alter and repeal such by-laws and rules as they may deem necessary for the conduct of the bank's business; to acquire property, real or personal; to protest commercial paper; to buy, sell, discount or collect promissory notes, bills of exchange and all other choses in action; to receive deposits of money or other valuables and issue certificates therefor; to loan and borrow money, discount and sell stocks, bonds, etc., and to do all things else that may be necessary to effectually carry on a general banking and exchange business in Eatonton, Putnam county, Georgia. Corporators. Corporate name and general powers. Banking powers, etc. SEC. II. Be it further enacted, That the capital stock of said corporation shall be fifty thousand dollars, divided into five hundred shares of one hundred dollars each, with power in the directors of said bank to increase same to any amount not exceeding two hundred thousand dollars. Capital stock.

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SEC. III. Be it further enacted, That as soon as two hundred and fifty shares shall have been subscribed for, and fifty dollars per share therefor actually paid in, said stockholders may organize and proceed to business under this Act. Organization. SEC. IV. Be it further enacted, That said stockholders may call a meeting and organize by electing a Board of Directors, to consist of not less than five, nor more than thirteen, who shall hold their offices for one year and until their successors are elected. Directors. SEC. V. Be it further enacted, That such board shall have power to elect one of their number president, and to appoint other such officers, etc., and prescribe such bond as they deem necessary and proper. Officers. 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 and stockholders for debts of corporation. SEC. VII. Be it further enacted, That all laws in conflict with this Act are hereby repealed. Approved December 4, 1890.

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INCORPORATING THE AMERICUS SAVINGS BANK. No. 21. An Act to incorporate the Americus Savings Bank, to confer certain powers and privileges on the same, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That Allen Fort, R. T. Byrd, N. A. Ray, J. N. Carter, W. L. Glesner, J. B. Felder, John Windsor, and their associates be, and they are, hereby made a body corporate and politic, under the name of the Americus Savings Bank, and in such name shall have the power to sue and be sued; complain and defend in any court of law or equity; to make, use and alter a common seal; to make by-laws and rules for the government of the corporation, not inconsistent with the laws of this State nor of the United States; to contract and be contracted with, and in general to exercise any corporate powers necessary to the execution of the powers herein conferred. Corporators. Corporate name and general powers. SEC. II. Be it further enacted by the authority aforesaid, That said corporation shall have power to do and transact a general banking business; to receive deposits of money without liability for interest; to discount notes, drafts, bills of exchange, checks, certificates and other evidences of debt; to purchase stocks, bonds and other securities of any kind, except its own stock; to lend money and take as security real estate, bonds, stocks, promissory notes, or any other security or thing of value; to borrow money and secure the same by deed or mortgage and any written evidence of debt and any other security; to purchase, hold, sell, convey and mortgage real estate, and to invest their funds therein, and receive the rents and profits thereof; to buy, sell, lease, hold and rent real estate, to buy and discount notes, secured or unsecured, given for the purchase of real or personal property, to discount commercial paper, to buy and sell exchange and make collections. Banking powers, etc. SEC. III. Be it further enacted by the authority aforesaid, That said body corporate shall have the power to receive deposits of money and to contract to pay thereon such a rate of interest as may be agreed on, not exceeding seven per cent. per annum, and in the by-laws for the government of the company may regulate the maximum and minimum amount of the deposits

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they will receive, the rate of interest to be paid, the manner of payment; and they shall have power, at their discretion, to cause the interest on any deposit to cease, first giving not less that thirty days' notice to the depositor, personally or by publication of the date on which their liability shall cease, and such notice, if made by publication, may be made to apply to one or more depositors, or to a particular class of depositors, or to depositors of amounts above or below a sum named, or to all of the depositors. Deposits. SEC. IV. Be it further enacted by the authority aforesaid, That evidence of the deposit made shall be given by the bank by means of pass-books, certificates, or in such other manner they may prefer. Any deposits made in the name of a minor, or of a female, or in the name of a trustee, where the name of the cestui que trust is not coupled with the name of the trustee, shall be held for the exclusive right of the depositor, free from the control or lien of all persons whatsoever, except creditors, and the receipt or acceptance of such minor or female (or trustee as such) shall be a valid and sufficient release and discharge for such deposit, with any accruing interest so paid. Pass-books etc. Deposits by minors, married women or trustees. SEC. V. Be it further enacted by the authority aforesaid, That said bank shall have the right to procure and establish safety boxes and vaults, and may let the same for hire and collect such hire. Such bank may also deposit its funds as other depositors in any national bank, or in any bank incorporated under the laws of this State, and may authorize any officer therein to receive for them any deposit, and pay out for them such moneys as they may direct. Such bank shall also have the power by contract to occupy a part of the premises of any other banks, and use for its business the vaults, safes, furniture and fixtures of such other bank as may be agreed on. They shall have the right and power to act as agents, and may negotiate loans of money and charge a reasonable commission for their services. Safety boxes, etc. Deposits in other banks. Use of premises, vaults, etc. of other banks. Power to act as agent and negotiate loans. SEC. VI. Be it further enacted by the authority aforesaid, That in case of deposits on interest, the sum deposited, with accrued interest, shall be paid to the depositors respectively, or to their legal representatives after demand, in such manner and at such times and after such previous notice and under such regulations as may be prescribed by the Board of Directors, which regulations shall be printed in the pass-books, and shall be evidence between the bank and the person holding the same of the terms on which the deposits are made, and the bank

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may refuse to receive a deposit, and may, also, at any time, return all or any part of any deposit. Interest on deposits. May refuse to receive deposits, etc. SEC. VII. Be it further enacted by the authority aforesaid, That the place of business of said bank and its principal office shall be in the city of Americus, Georgia. Location. SEC. VIII. Be it further enacted by the authority aforesaid, That the capital stock of said corporation shall be twenty-five thousand dollars, with the privilege of increasing the same to two hundred and fifty thousand dollars, by a two-thirds' vote of the stockholders, in amount. The capital stock shall be divided into shares of fifty dollars each, and shall be transferable in such manner as may be prescribed in the by-laws, and before the bank shall commence business the full amount of twenty-five thousand dollars shall be subscribed and paid in. Capital stock. SEC. IX. Be it further enacted, That the affairs of the corporation shall be managed by a Board of Directors of not less than five, to be selected by the stockholders, to serve for such terms and elected at such time and manner as shall be prescribed in the by-laws. The officers shall be a president, and such other officers and agents as may be deemed by the directors necessary for the transaction of its business. Management. SEC. X. Be it further enacted, That in addition to the powers heretofore conferred, the corporation herein created shall in law be capable of being appointed a trustee, with the powers of holding and managing property for persons under a disability, and capable also of being made assignee of property for the use of others. Power to act as trustee or assignee. SEC. XI. Be it further enacted, That the term of this charter shall be for the full period of fifty years. Term of charter. SEC. XII. 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;

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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 and stockholders for debts of corporation. SEC. XIII. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 4, 1890. INCORPORATING THE TALBOTTON LOAN AND INVESTMENT COMPANY. No. 24. An Act to incorporate the Talbotton Loan and Investment Company, of Talbotton, Georgia, to define its powers and privileges, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That J. H. Martin, W. E. Ragland, C. H. Weeks, R. Leonard and R. A. Ryder, their associates, successors and assigns be, and they are, hereby constituted and declared a body corporate and politic, with perpetual succession, under the corporate name and style of the Talbotton Loan and Investment Company, and by said corporate name may contract and be contracted with, sue and be sued, plead and be impleaded, receive, purchase, own, hold and use property of all descriptions, and aline, convey, lease and mortgage, and otherwise dispose of the same, in any manner that a natural person might lawfully dispose of similar property. Said corporation shall have power to make, use, renew and alter at pleasure a corporate seal; make by-laws not inconsistent with the laws of this State, or of the United States, and do any and all acts and things necessary or proper to carry into effect the objects and purposes of this Act, and to exercise in general all the powers incident to corporations. The office of said company shall be in the town of Talbotton, in said State, and this charter shall be of force and effect for the term of fifty years from the date of the organization of said corporation. Corporators. Corporate name and general powers. Location. Term of charter. SEC. II. Be it further enacted, That the capital stock of said corporation shall be fifty thousand dollars, divided into one thousand shares of fifty dollars each, with the privilege of increasing the capital stock two hundred thousand dollars, or four thousand shares, the increase to be made in the manner prescribed

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by the by-laws; and the incorporators, or a majority of them, are authorized and empowered to open books of subscription for said stock, which shall be paid in by the subscribers or stockholders in monthly installments, and in such sums as may be determined by the Board of Directors, not to be less than one dollar per share, and such payments shall continue until the amounts paid shall be fifty dollars per share; provided , any stockholder may, if he desires, pay the entire amount or any part thereof, at any time in advance. Capital stock. Stock subscriptions. SEC. III. Be it further enacted, That as soon as five hundred shares shall be subscribed for, and the sum of five hundred dollars paid in on said stock, the stockholders shall have the right to organize the corporation under this Act and transact business. At the first or any subsequent meeting of the stockholders, called by a majority of the incorporators, a Board of Directors of not less than five or more than eight, shall be elected to hold office until their successors are elected and qualified. A majority of the electors shall constitute a quorum for the transaction of business. Organization. Election of directors. SEC. IV. Be it further enacted, That the corporate powers of said corporation shall be vested in and exercised by the Board of Directors, who shall serve one year and until the election of their successors, except the first board, which shall serve until their successors are elected and qualified. They shall choose out of their own number a president, a vice-president, and shall have power to fill any vacancies that may occur in said board, and shall appoint such officers, agents and clerks as may, in their judgment, be necessary; fix the salaries of the officers and agents, define their duties and remove them whenever it seems proper to said board to do so, requiring of any officer or agent such bond and security as may be deemed proper by said board to secure the faithful discharge by him of his duties and of the trusts reposed in him. Said Board of Directors shall have power to make by-laws for the management of the affairs of said corporation and do all things necessasy for the protection of its interests in conformity with the provisions of this Act, subject to revision, modification or repeal by the stockholders at an annual meeting. No stockholder shall be eligible as director who is not the owner in his own right of at least ten shares of the capital stock of said corporation. In all elections by the stockholders, and in all votes taken by them each person shall be entitled to one vote for each share owned or held by him or her and the votes shall be cast in person or by written proxy. Management. Votes of stockholders.

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SEC. V. Be it further enacted, That said corporation shall have full power and authority to make loans upon any security, either real or personal, it may deem proper to make or negotiate to any party or parties or corporation for any length of time upon improved real estate security in this or any other State, said loans to be secured by first mortgage or trust deeds and upon all such loans it shall have the right to guarantee, if it may so decide, the payment of the principal and interest or either, and upon such loans, so secured by mortgage or trust deeds, said company shall have and is hereby given the right to charge for expenses of investigating and abstracting titles, inspecting and reporting on property offered as security and for making or negotiating or guaranteeing the payment of the said loans, such sum in addition to interest not in excess of the legal rate as may be agreed upon by the borrower and said corporation. The said corporation shall have power to invest money in real estate, personal property or other security, either for its own account, customers or clients, and to hold the same, either in its own name, or as agent or trustee for its customers and clients, to purchase or sell such real or personal property as shall be deemed best for its own use or profit, or necessary for the collection or security of any debt, or claims to or in which the company may have an interest, either as principal, agent or trustee. That said corporation may make loans on real estate or personal property or other security at any rate of interest not exceeding the highest rate allowed by law, and may charge interest for the whole time and include the same in the note or notes, mortgages, deeds or other security given therefor and collect the same by monthly installments or otherwise without any rebate of interest thereon, the debtor so agreeing thereto by executing the note or notes, mortgage, deed or other security aforesaid. That said corporation shall, as soon as ten thousand dollars are paid into the capital stock, have power to do a general banking business, to buy and sell exchange, discount notes or other commercial paper, receive deposits and to do any and all things incident to banking business. That said corporation shall have power and authority to act as financial agent for any person or corporation, either to negotiate loans, to sell or buy securities, or to make investments, and to charge and collect for such service such commission or compensation as may be agreed upon. Loans. May guarantee loans. Expenses of investigation of titles, etc. Investments for itself or others, etc. Interest, etc. General banking powers. Financial agent.

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SEC. VI. Be it further enacted, That no person may become a shareholder in said corporation by transfer, unless the same is done on the books of the company in accordance with its rules, and that said corporation shall have the first lien upon the stock or shares of each stockholder for any indebtedness that the stockholder may owe or be liable for to the corporation in any way or manner whatsoever. Transfers of stock. Lien of corporation on stock. SEC. VII. 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 stockholders shall be further and additionally liable, equally and ratably, and not one for another, as sureties, to depositors of said corporations 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 corporations 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 and stockholders for debts of corporation. SEC. VIII. Be it further enacted, That the directors shall have power to declare dividends annually, or semi-annually, out of the earnings of said corporation; provided , that no dividend shall be declared until the earnings are sufficient to pay the same after deducting all expenses of carrying on and operating said business and in no way lessening or interfering with the capital stock; and provided further , that before any dividend shall be declared, one-tenth of the net profits of the preceding year, or half year, shall be carried to the reserve fund, until the reserve fund shall be equal to twenty-five per cent. of the capital stock of said corporation paid in. Dividends. Reserve fund. SEC. IX. Be it further enacted, That minors shall be competent to make deposits with said corporations, and their receipts and checks for the same shall be a sufficient discharge to said corporation; and any contract made by them with it in the course of its business as to said deposits shall be binding in law, and such deposits shall not be subject to the claim or control of the parent, guardian or trustee of such depositors. Diposits by minors.

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SEC. X. Be it further enacted, That the total liabilities to said bank of any person or any company, corporation or firm (including in the liabilities of the firm the liabilities of the several members thereof) shall at no time exceed one-tenth part of the capital stock of said corporation. But bills of exchange and commercial papers and sureties convertible in open market, warehouse receipts and bills of lading shall not be considered as such liabilities. Limitation of right to lend 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 December 3, 1890. INCORPORATING THE PEOPLES BANK OF TALBOTTON, GEORGIA. No. 25. An Act to incorporate the People's Bank of Talbotton, Georgia, and for other purposes connected therewith. SECTION I. Be it enacted by the General Assembly of Georgia, That George H. Estes, Henry B. Kimbrough, H. H. Epping, E. L. Bardwell, Henry C. Greene, D. G. Owen and J. H. Martin, and such other persons as may become associated with them, and their successors and assigns, shall hereafter be a body politic and corporate, with continuous succession, under the name and style of the People's Bank of Talbotton, Georgia, any by said corporate name shall be competent in law to sue and be sued, plead and be impleaded in any court having jurisdiction over the subject-matter involved; to receive, purchase, own, hold and use property of all descriptions, and alien, convey, lease and mortgage and otherwise dispose of same in any manner that a natural person might lawfully dispose of similar property. Said corporation shall have power to make, use, renew and alter at pleasure a corporate seal, make by-laws not inconsistent with the laws of the land, and to do all acts and things necessary and proper to carry into effect the objects and purposes of this Act, and to exercise in general all the powers incident to corporations and necessary and proper for the transaction of the business for which it is incorporated. The said corporation shall be located in Talbotton, in this State. Corporators. Corporate name and general powers. Location. SEC. II. Be it further enacted, That the capital stock of this corporation shall be twenty-five thousand ($25,000.00) dollars,

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to be divided into shares of one hundred dollars each, but said corporation shall have power, after said stock shall have been paid up, to increase its capital stock, from time to time, to any sum, not to exceed one hundred thousand dollars, whenever it may be deemed expedient by the stockholders, in meeting assembled, by a vote of a majority of the entire stock of the corporation voting in favor of such increase. Said corporation is hereby authorized to commence business as soon as the twenty-five thousand dollars capital stock shall have been subscribed for and paid in. Capital stock. Beginning business. SEC. III. Be it further enacted, That said corporation shall have power to receive money on deposit, to loan and borrow money, to take and give therefor such securities as may be deemed best; to purchase and discount and collect notes and bills of exchange, and to do all other acts in a general banking business, and all acts that it may deem advisable for the safe-keeping and secure and profitable investment of its funds. Banking powers. SEC. IV. Be it further enacted, That the total liabilities to said bank of any person, or of any company, corporation or firm, for money borrowed, including in the liabilities to said bank the several members thereof, shall at no time exceed one-tenth part of the capital stock of said bank paid in, but the discount of bills of exchange drawn in good faith, and the discount of commercial paper actually owned by the person negotiating the same, shall not be considered borrowed money. Limitation of power to land money. SEC. V. Be it further enacted, That the directors of said corporation may semi-annually declare a dividend of so much of the net profits as they shall deem expedient, but before declaring such dividend they shall carry one-tenth of the net profits of the preceding half-year to its surplus fund until the same shall amount to twenty-five per cent. of its capital stock, and after that time it shall be discretionary with the Board of Directors as to what amount, if any, is placed to the surplus fund; but it shall not be lawful for them to create or accumulate a surplus of profits exceeding one hundred per cent. of their paid in capital stock, and said capital stock and surplus and assets of every kind shall be liable for any and all debts of the corporation; 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

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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. The rights and privileges herein by this charter granted shall be valid and in effect for fifty years. Dividends. Surplus. Liability of corporation and stockholders for debts of corporation. Term of charter. SEC. VI. Be it further enacted, That the Board of Directors shall issue to each stockholder certificates of stock truly representing his or her interest, and such stock shall be held bound to the bank for any dues or other indebtedness by said stockholder to the bank, and a lien is hereby declared upon the same in favor of the bank superior to all other liens, which may be foreclosed upon the same as a mortgage upon personal property, and sold in the same way, and no stockholder who may be indebted to said bank, either as principal or security or indorser, shall, while so indebted, sell or transfer the stock held by him or her without the consent of the president and directors of the bank, and all sales and transfers of stock in said bank must, in order to be valid, be made on the books of the bank by the owner of the stock, or his or her lawfully appointed attorney in fact, under such rules and regulations as may be declared by the by-laws of the bank, and any other transfer is void as against the company. Stock certificates. Sale or transfer of stock. SEC. VII. Be it further enacted, That the business and corporate powers of said bank shall be exercised by a Board of Directors, composed of seven stockholders, citizens of this State, each of whom shall own in his own right and name not less than two shares of said stock, one of whom shall be elected president. Said board shall have the right and power to elect from the board a vice-president; said board also has the right to elect a cashier, and such other officers as the interests and business of said bank may require. Management. SEC. VIII. Be it further enacted, That said Board of Directors shall make and declare by-laws for their government in the management of the business of the corporation, fixing the meetings of said board and the salaries of its officers; and said Board of Directors shall have the right to appoint or remove any officer or agent of the corporation at any time they

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may see fit. A majority of said directors at any regular meeting shall constitute a quorum for the transaction of business. By-laws. Appointment or removal officers. Quorum of of Board of Directors. SEC. IX. Be it further enacted, That the parties named in the first section of this Act, or their successors or assigns, shall, and they are, hereby appointed commissioners to open books of subscription to the capital stock of said bank for such amounts and to such persons as they or a majority of them may determine; that on the second Tuesday in January, 1891, and annually thereafter, an election shall be held by the stockholders for directors in Talbotton, Georgia, the hour and place of meeting being selected by the commissioners. The directors of said bank shall be elected by a majority in interest of the stockholders of said bank voting at said election. Each share of one hundred dollars of stock shall entitle the owner to one vote, and in like manner upon all questions that may come before any convention of shareholders. No election shall be valid when a majority of the whole stock is not represented, either in person or by proxy. It shall be the duty of the president of said bank to prepare and lay before the stockholders semi-annually statements of the business and condition of the bank, its assets and liabilities, and to make such returns under oath to the Governor of this State as are required by law to be made. Vacancies occurring in the Board of Directors, at any time other than at the annual elections, shall be filled by the Board of Directors. Books of subscription. Annual election of directors. Semi annual statements and returns. Vacancies. SEC. X. Be it further enacted, That the cashier shall be elected by the Board of Directors, and shall give such bond and in such sum as they may require. It shall be the duty of the cashier to keep safely all moneys, notes, bonds, bills or other property committed to his care in the course of business, and he shall have power to bind the company by signing checks, receipts or certificates of deposits in conducting the business of the bank. Cashier. SEC. XI. Be it further enacted, That said corporation shall have authority to loan money on real estate, or such other security as the Board of Directors may accept, at any rate of interest that may be agreed on in writing not in excess of the highest rate fixed by law, and it may also make loans for any time agreed on and charge interest for the whole time, and include the same in the note or notes or other security given therefor, and collect the same by monthly installments or otherwise, without any rebate of interest thereon if the debtor will so agree. Loans and interest. SEC. XII. Be it further enacted, That married women and minors shall be competent to make deposits with said bank of

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money or otherwise, and their check or receipt for the same shall be a sufficient discharge to said corporation, and any contract made by them with said corporation, in course of business with said corporation as to said deposits, shall be valid and binding in law, and such deposits shall not be subject to the claims, control or debts of the husbands respectively of such married women, or the parents or guardians of such minors. Deposits by married women and minors. SEC. XIII. Be it further enacted, That said bank shall have power to receive money in trust; shall have power to accept and execute trusts of every description, which may be committed to it by any order or decree of any court, and shall have power to accept by grant or assignment, transfer, devise or bequest, and hold any real or personal estate or trust created in accordance with the laws of this State, and to execute such legal trusts on such terms as may be declared established or agreed upon in regard thereto; and the said bank is hereby authorized to act as trustee or assignee in this State, and funds in litigation in the various courts of this State may be received on deposit by said bank, bearing such interest as may be agreed on. Trusts. Trustee, assignee, etc. SEC. XIV. Be it further enacted, That in all cases of loans upon real estate or other property as security, the said bank shall have the right to charge such sum, in addition to the interest not in excess of the highest rate allowed by law, as may be agreed upon by the borrower and the corporation, for the expenses of investigating and abstracting titles, inspecting and reporting on property offered as security, drafting deeds, mortgages, notes, contracts or other liens, and recording such as required by law. Any claimant of interest paid in excess of the lawful rate to said bank shall bring his or her suit for such interest or excess of interest within six months from the time such interest or discount is paid to said bank, or the right of said claimant to recover the same shall be forever barred. Expenses of investigations of title, etc. Suits to recover interest paid. SEC. XV. Be it further enacted, That all laws and parts of laws in conflict with this Act, or any of its provisions, be, and the same are, hereby repealed. Approved December 3, 1890.

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INCORPORATING THE FLOVILLA BANKING COMPANY. No. 36. An Act to incorporate the Flovilla Banking Company, to confer certain powers and privileges on the same, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That B. H. Rawls, W. B. Dozier, J. W. Minter, A. C. Millen, R. V. Smith, Jr., A. B. Smith and Mrs. S. M. Glover, of county of Butts; J. C. Speights, of county of Jasper, and W. T. Bell, of the city of New York, and such other persons as may become associated with them, and their successors and assigns, are hereby constituted a body corporate, under the name of the Flovilla Banking Company, and to be located in the town of Flovilla, Butts county, Georgia. Corporators. Corporate name and location. SEC. II. Be it further enacted, That the capital stock of said bank shall be ($25,000) twenty-five thousand dollars, said stock to be divided into shares of ($100.00) one hundred dollars each, with power, after said twenty-five thousand dollars have been subscribed and paid in, to increase the capital stock, from time to time, to any sum not to exceed ($100,000) one hundred thousand dollars, the times and amounts of such increase to be determined by a two-thirds' vote of the stockholders in convention assembled, and two-thirds of the entire stock being voted in favor of such increase before the same can be effected. Said bank is hereby authorized to commence business as soon as ($15,000) fifteen thousand dollars of the capital stock shall be paid in lawful money to the Board of Directors, who shall be authorized to call in the balance of said capital stock in such installments as may be agreed upon with the subscribers, within twenty-four months from the date of his or their subscription. Capital stock. Beginning of business. Installments of stock. SEC. III. Be it further enacted, That the persons named in the first section of this Act, or any three of them, are hereby appointed commissioners, with power to open books of subscription to said capital stock, at such times and places, and for such length of time as they may deem best. When ($15,000) fifteen thousand dollars of stock shall have been subscribed and paid in to said commissioners, thereupon said commissioners shall cause notice to be given the subscribers, requiring them to assemble at the time and place named in the notice.

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to organize said bank and elect a Board of Directors. On assembling of the subscribers they proceed to elect a Board of Directors for said bank. Each stockholder shall be entitled to one vote for each share of stock owned or subscribed for by him (at this and all other stockholders' meetings), and such vote must be cast in person or by written proxy, and a plurality of votes shall elect at all stockholders' meetings. The commissioners shall declare the result of said election, and turn over to said board, so elected, all money paid in on account of stock, together with the subscription books and this charter. Thereupon this bank will be organized. Books of subscription. Organization. SEC. IV. Be it further enacted, That the corporate and business powers of said bank shall be vested in and exercised by a Board of Directors, who shall serve one year, and until the election of their successors, except the first board, which shall serve until their successors are elected. Each Board of Directors shall choose out of their own number a president, and shall have power to fill vacancies that may occur on said board, and shall appoint such officers and clerks as may, in their judgment, be necessary, fix their salaries, define their duties, and remove them from office whenever the interest and good of the bank seem to require it. They may require bond and security from any officer or clerk for the faithful performance of duty, and the safety of the trusts committed to their care. Said Board of Directors shall have power to make by-laws for the management of the affairs of said bank, and do all things necessary for the protection of its interests in conformity with the provisions of this Act, subject to revision or modification or repeal by the stockholders in convention assembled. Management. By-laws, etc. SEC. V. Be it further enacted, That as soon as eighteen thousand dollars has been subscribed for, and fifteen thousand of the same has been paid in to the directors in lawful money of the United States, said company of subscribers shall become a body corporate and politic, with continued succession, under the name of the Flovilla Banking Company, and by that name shall exercise corporate powers, and be competent to contract and be contracted with, sue and be sued, plead and be impleaded, in any court having jurisdiction of the subject matter involved, and shall have power to take, receive, purchase and hold as security for or in payment of any loans or advances made, both real and personal property of any description whatsoever, so far as may be necessary for the safe and convenient prosecution of the business of said Flovilla Banking

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Company as a bank of discount and deposit, and may execute and issue all such receipts, contracts, certificates, deeds or other instruments as may be necessary; and said Flovilla Banking Company shall have power to make and use, renew and alter at pleasure a corporate seal, and do all acts and things necessary or proper to carry into effect the objects and purposes of this Act and the business of said Flovilla Banking Company, not inconsistent with the laws of this State or of the United States. General powers. SEC. VI. Be it further enacted, That said Flovilla Banking Company shall have power to receive money on deposit, and pay interest on the same as may be agreed upon with depositors, not to exceed the legal rate; to lend and borrow money, take and give therefor such securities as may be considered best; to purchase and discount notes, buy and sell bills of exchange, stocks, bonds, securities and other evidences of indebtedness; to lend money for others and charge commissions for the same, and do all acts it may deem advisable and profitable investments of the funds of said bank in the exercise and enjoyment of its corporate powers. Banking powers, etc. SEC. VII. Be it further enacted, That said bank shall be authorized and empowered to negotiate loans to any party or corporation, for any length of time, upon improved real estate security in this State, said loans to be secured by first mortgage or deeds, and upon all such loans it is hereby given the right to charge for expenses of investigating and abstracting titles, inspecting and reporting on property offered for security, such lawful sum in addition to the interest as may be agreed upon by the borrower and said Flovilla Banking Company. Negotiation of loans. SEC. VIII. Be it further enacted, That the total liabilities to said Flovilla Banking Company of any person, firm or corporation for money borrowed shall at no time exceed one-tenth part of the capital stock paid in, but the discount of bills of exchange, drawn in good faith, and the discount of commercial paper actually owned by the person negotiating the same, shall not be considered borrowed money. Limitation of power to lend money. SEC. IX. Be it further enacted, That the directors shall have power to declare dividends out of the net earnings of said board, but no dividends shall be declared until the earnings are sufficient to pay the same after deducting all expenses and losses, and after placing at least ten per cent. of the net earnings annually to a permanent surplus fund, until such surplus fund shall be equal to at least (20 per cent.) twenty per cent. of the capital stock paid in. No person shall be eligible as a

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director who does not own (5) five or more shares of said Flovilla Banking Company's stock, unpledged and unencumbered; and whenever it shall become known to the Board of Directors that a director has ceased to be the owner of (5) five shares of said stock, they shall declare such person no longer a director, and shall fill such vacancy on the board. The Board of Directors shall consist of not less than (5) five, nor more than (7) seven, persons, a majority of whom shall be citizens of this State. Dividends. Surplus. Director must own five shares of stock. Number of directors, etc. SEC. X. Be it further enacted, That the annual meeting, or convention, of the stockholders shall be held at such time and under such conditions and circumstances as may be fixed by the by-laws of the bank, but no act of any meeting or convention shall be valid unless a majority of the stock is represented at such meeting or convention. Annual meeting of stockholders, etc. SEC. XI. Be it further enacted, That married women and minors shall be competent to make deposits with said Flovilla Banking Company of money or otherwise, and their checks orreceipts for the same shall be sufficient discharge to said bank: provided , that nothing contained in this charter shall authorize a married woman to bind said deposits by any contract of securityship for any person, or by assumption of the debts of her husband. Deposits by married women and minors. SEC. XII. Be it further enacted, That said Flovilla Banking Company shall have power to accept and execute any office of agent, assignee or receiver, whether the office or appointment shall be conferred by any person or persons, or by any court, either of the State of Georgia or of the United States. The capital stock, property and assets of said bank shall be liable for the faithful management of the trusts confided to its care as agent, assignee or receiver, as aforesaid. All laws of force in this State and not contrary to the provisions of this Act, concerning agents, assignees and receivers, shall apply to this bank when appointed to such office. Power to act as agent, assignee or receiver. Liability as such, etc. SEC. XIII. Be it further enacted, That all subscriptions to the capital stock shall be binding upon the subscribers and upon their heirs, assigns and legal representatives, and shall be payable in such installments as the directors may require; and if any stockholder shall fail to pay any such installment in (30) thirty days after the same is due, his stock shall be in default, and the same shall be sold out to the highest bidder, for cash, on the first Tuesday in any month after falling due, before the bank office door, in Flovilla, during the legal sale hours, or otherwise, upon such notice and advertisement as may be

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deemed best by the Board of Directors. Said stock may be bought in by and for said bank, and be reissued to some other person or party upon his, her or their paying the value of the same, including unpaid installments. The delinquent stockholder receiving the surplus, if any, over and above the expenses incident upon said sale, including attorney's fees, if any, and any deficiency in the sum received at said sale necessary to make the amount due on said stock, and all of said expenses, shall be made good to said bank by said delinquent stockholder. Stock subscriptions. SEC. XIV. Be it further enacted, That the stock held by any person or party shall be transferred only on the books of said bank, either in person or by power of attorney; and no person shall transfer his or their stock without the consent of the directors of said Flovilla Banking Company; and if he or they are indebted to the bank as principal or security, or otherwise, not until such indebtedness is paid off and discharged, and for all such indebtedness said bank shall have a lien of the highest dignity upon the stock of said stockholder. Transfers of stock. SEC. XV. Be it further enacted, That the president and directors of said bank shall place before the stockholders, at their annual meeting, a sworn statement of the business and condition of the affairs of said bank, its assets and liabilities, and to make such returns to the Governor of this State, under oath, as are now required by law of other State banks. Annual statement. Returns to governor. SEC. XVI. 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 deposied 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 and stockholders for debts of corporation.

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SEC. XVII. Be it further enacted, That the books of said bank shall be open for the inspection and investigation by any stockholder thereof at any and all times. Books open for inspection by stockholders. SEC. XVIII. Be it further enacted, That this charter shall be of force and effect for the term of (30) thirty years from the date of the organization of said Flovilla Banking Company. Term of charter. SEC. XIX. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 11, 1890. CHANGING NAME OF AMERICAN LOAN AND BANKING COMPANY. No. 40. An Act to amend An Act to incorporate the American Loan and Banking Company, approved August 9th, 1889. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That an Act to incorporate the American Loan and Banking Company, approved August 9th, 1889, be amended by striking out the words American Loan and Banking Company wherever they occur in said Act, and insert in lieu thereof the words Union Trust Company, so that the corporate name will be the Union Trust Company, instead of the American Loan and Banking Company. Corporate name changed to Union Trust Co. 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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INCORPORATING THE BANK OF WAYNESBORO. No. 51. An Act to incorporate The Bank of Waynesboro, and for other purposes therewith connected. SECTION I. Be it enacted by the General Assembly of Georgia, That William A. Wilkins, Robert C. Neely, William E. Jones, Julian L. Fulcher and Palmer L. Corker, and such other persons as may hereafter become associated with them, and their successors and assigns, shall hereafter be a body politic and corporate, with continuous succession under the name and style of The Bank of Waynesboro, and by said corporate name shall be competent in law to sue and be sued, plead and be impleaded, in any court having jurisdiction over the subject matter involved; to receive, purchase, own, hold and use property of all descriptions which may be necessary and proper for its purposes as a bank of discount, and deposit and alien, convey, lease, mortgage and otherwise dispose of the same in any manner that a natural person might lawfully dispose of similar property. Said corporation shall have power to make, use, renew or alter at pleasure a corporate seal, make by-laws not inconsistent with the laws of the land, and to do all acts and things necessary and proper to carry into effect the objects and purposes of this Act; to exercise in general all the powers incident to corporations, and necessary and proper for the transaction of the business for which it is incorporated. The said corporation shall be located in Waynesboro, in this State. Corporators. Corporate name and general powers. Location. SEC. II. Be it further enacted, That the capital stock of the corporation shall be one hundred thousand dollars, to be divided into shares of one hundred dollars each; but said corporation shall have power, after said stock has been paid up, to increase its capital stock, from time to time, to any sum not to exceed two hundred thousand dollars, whenever it may be deemed expedient by the stockholders in meeting assembled, by a vote of two-thirds of the entire stock corporation voting in favor of such increase. Said corporation is hereby authorized to commence business so soon as the sum of fifty thousand dollars capital stock shall have been subscribed for by good and solvent parties and twenty-five per cent. of the same shall have been paid in on said capital stock, and the Board of Directors shall be authorized to call in the balance of said capital stock in such

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installments and at such times as may be deemed necessary by the board; provided , any subscriber shall have the right to pay up his subscriptions at any time he may see fit. Capital stock. Beginning business. Installments of stock. SEC. III. Be it further enacted, That said corporation shall have power to receive money on deposit, to loan and borrow money, to take and give therefor such securities as may be deemed best; to purchase, discount and collect notes and bills of exchange, and to do all acts in a general banking business, and all acts it may deem advisable for the safe keeping, and secure a profitable investment of its funds. Banking powers. SEC. IV. Be it further enacted, That the directors of said corporation may annually and semi-annually declare a dividend of so much of the net profits as they shall deem expedient, but before declaring such dividend they shall carry one-tenth of the net profits of the preceding year or half year, as the case may be, to its surplus fund, until the same shall amount to twenty-five per cent. of its capital stock, and after that time it shall be discretionary with the Board of Directors as to what amount, if any, is placed to the surplus fund; but it shall not be lawful for them to create or accumulate a surplus of profits exceeding one hundred per cent. of their paid in capital stock. 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 stockholders from having equal rank with all other creditors upon the capital property and assets of said bank. This charter shall be valid and in effect for fifty years. Dividends. Surplus funds. Liability of corporation and stockholders for debts of corporation. Term of charter. SEC. V. Be it further enacted, That the president shall issue to each shareholder certificates of stock signed by himself, truly representing his or her interest, and such stock shall be held bound to the bank for any dues or other indebtedness by said stockholder to the bank, and a lien is hereby declared upon the

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same in favor of the bank superior to all other liens which may be foreclosed upon the same as a mortgage upon personal property, and sold in the same way; and no stockholder who may be indebted to said bank, either as principal, security or endorser, shall, without consent of the president and directors of the bank, sell or transfer his or their stock; and all sales and transfers of stock in said bank must, in order to be valid, be made in the books of the bank by the owner of the stock, or his lawfully appointed attorney, in fact, under such rules and regulations as may be declared by the laws of the bank; and any other transfer is void against the company. Certificates of stock. Liability of stockholders to corporation, etc. Sales and transfers of stock. SEC. VI. Be it further enacted, That the business and corporate powers of said bank shall be exercised by the president, and in his absence or sickness by a vice-president or cashier, as he may designate. There shall be a Board of Directors composed of the president and five stockholders. There also may be a vice-president, cashier and such other officers as the interest of the bank may require, who shall be appointed by the president subject to the approval of the Board of Directors. Management. SEC. VII. Be it further enacted, That the Board of Directors shall make and declare by-laws for their government and the management of the business of the corporation, fixing the meeting of the board and the salaries of the officers. The president, with the consent of the board, shall have the power to remove any officer at any time he may see fit. A majority of the directors at any regular meeting shall constitute a quorum for the transaction of business. By-laws. Removal of officers. Quorum of of directors. SEC. VIII. Be it further enacted, That the parties named in the first section of this Act, or their successors or assigns, shall, and they are, hereby appointed commissioners, to open books of subscription to the capital stock of said bank, at such times and places and for such amounts, and to such persons, as a majority of them may determine. The president and directors of said bank shall be elected by a majority in interest of said stockholders of said bank, voting at said election under the inspection of said commissioners, at such place as they may designate, within twenty days after the fifty thousand dollars capital stock shall have been subscribed for by good and solvent parties, and on the second Tuesday in January annually thereafter. No election shall be valid where a majority of the whole stock is not represented; and in any election for president and directors, and in all questions that may come before any convention of shareholders, each share of one hundred dollars of stock shall entitle the owner to one vote; and it shall be the

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duty of the president of said bank to prepare and lay before the stockholders thereof semi-annual statements of the business and condition of the bank, its assets and liabilities, and to make such returns under oath to the Governor of this State as are required by law to be made. Vacancies occurring in the presidency or the directors, at any time other than at the annual elections, shall be filled by the Board of Directors. Books of subscription. Election, etc. Semi-annual statements and returns. SEC. IX. Be it further enacted, That in case any subscriber to the stock of the company shall fail or refuse to pay any of the assessments or installments of the capital stock which may be called for by the commissioners or Board of Directors, the board may, at any time thereafter, proceed to enforce the payment of the entire inbebtedness for subscription to stock of such defaulting subscribers by suit thereof, in any court having jurisdiction of the same; or the stock of such delinquent subscriber may, by resolution of the Board of Directors, be sold on the terms prescribed by such resolutions and in a way prescribed therein, after thirty days notice in writing to the delinquent. Failure to pay for stock. SEC. X. Be it further enacted, That the cashier who may be appointed shall give bond in such sum as may be required, for the honest and faithful accounting for all money or other property entrusted to his care or keeping, and for the performance of such duty as may be prescribed for him. Cashier. SEC. XI. Be it further enacted, That said corporation shall have authority to loan money on real estate or such other security as may be acceptable. Loans. SEC. XII. Be it further enacted, That married women and minors shall be competent to make deposits, with said corporation, of money or otherwise, and their check and receipt for the same shall be a sufficient discharge to said corporation; and any contract made by them with said corporation, in course of business with said corporation, as to said deposits, shall be valid and binding in law, and such deposits shall not be subject to the claims, control or debts of the husbands respectively of such married women, or the parents or guardians of such minors. Deposits by married women and minors. SEC. XIII. Be it further enacted, That the said bank shall have power to receive money in trust; shall have power to accept and execute trusts of every description, which may be committed to it by any order or decree of any court; and shall have power to accept by grant or assignment, transfer, demiseor bequest, and hold any real or personal estate or trust created in accordance with the laws of this State, and to execute such

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legal trust in such terms as may be declared established or agreed upon in regard thereto. And the said bank is hereby authorized to act as trustee or assignee in this State, and funds in litigation in the various courts of this State, may be secured on deposits by said bank, bearing interest as may be agreed on. Trusts. May act as trustee, assigned, etc. SEC. XIV. Be it further enacted That in all cases of loans upon real estate or other property as security, the said corporation shall have the right to change such sum, in addition to interest not in excess of the lawful rate, as may be agreed upon by the borrower and the corporation for the expenses of investigating and abstracting titles, inspecting and reporting on property offered as security; and any claimant of interest paid in excess of this lawful rate to said corporation shall bring his suit for such interest within six months from the time such interest or discount is paid to said corporation, or the right to said claimant to recover the same shall be forever bound. Expenses of Investigation of titles, etc. Suits to recover interest paid. SEC. XV. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 16, 1890. INCORPORATING THE SAVANNAH SAVINGS BANK. No. 52. An Act to incorporate the Savannah Savings Bank and Mortgage Company, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That Jacob S. Collins, Walter K. Wilkinson, Hugh Logan, Thomas Nugent, Robert M. Hicks, David C. Carson and A. Leopold Alexander, and such persons as may hereafter be associated with them, and their successors and assigns be, and the same are, hereby created a body politic and corporate under the name and style of the Savannah Bank and Mortgage Company, and by such corporate name shall have power to contract and be contracted with, sue and be sued, either at law or in equity in any court whatever having jurisdiction of the subject-matter involved; to have, use and at pleasure to alter a corporate seal; to receive, purchase, own, hold and use property of all descriptions, real, personal or mixed, with power to alien, sell, convey, lease, mortgage or otherwise dispose of the

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same in any manner that a natural person might lawfully dispose of property of a similar nature. Corporators. Corporate name and general powers. SEC. II. Be it further enacted, That the capital stock of said corporation shall be fifty thousand ($50,000) dollars, with the privilege of increasing the same, from time to time, to any sum not to exceed five hundred thousand ($500,000) dollars, whenever it may be deemed expedient by the stockholders in meeting assembled for that purpose, two-thirds of the entire stock being voted in favor of such increase before the same shall be effected; that the capital stock of said corporation shall be divided into shares of the par value of fifty ($50) dollars each, payable in monthly installments in the following manner: One dollar to be paid upon each and every share subscribed for at the time of subscribing, to the commissioners authorized to open the books of subscription to the capital stock, and one dollar per month upon each and every share subscribed for, upon the first Tuesday in each month thereafter, at the principal office of the corporation, until fifty ($50) dollars shall have been paid on each and every share subscribed for, when the shares shall be fully paid up and scrip shall be then issued therefor. Any stockholder shall, however, have the privilege of paying his monthly installments upon his shares of stock in advance, and when such advanced installments are paid, shall be allowed interest upon said advanced payments at the rate of seven per centum per annum for the average time said installments are paid in advance. Capital stock. SEC. III. Be it further enacted, That the persons named in the first section of this Act, or any three of them, are hereby appointed commissioners to open books of subscription to the capital stock of said corporation, at such time and places, and for such length of time as they may deem best, and to receive the first installment on the same. When one thousand (1,000) shares have been subscribed for, and five thousand ($5,000) dollars have been paid thereon in lawful money of the United States, the said corporation is hereby authorized to commence business. But said commissioners shall first cause notice to be given to the subscribers by publication in a newspaper published in the city of Savannah, of the time and place of meeting; which notice shall be published at least three days prior to the time of meeting, requiring them to assemble for the purpose of organizing, and electing a Board of Directors. On the assembling of the subscribers, or those who may attend either in person or by written proxy, an election shall be held by ballot, under the supervision of the commissioners authorized to open the books of subscription, for the first Board of Directors, which

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board shall consist of not less than seven nor more than nine. The commissioners shall immediately thereafter declare the result of the election, and turn over to the board so elected the books of subscription, this charter and the money subscribed, and thereupon this corporation will be organized. All subscriptions to the capital stock shall be binding upon the subscribers, their heirs, assigns and legal representatives. If any subscriber shall fail to pay his first installment on the shares subscribed for by him, he shall forfeit his right as a subscriber. Should any stockholder fail to pay his monthly installments at the time and place due, or within thirty days thereafter, his shares so unpaid shall be declared in default, and the Board of Directors, after first giving the delinquent stockholder ten days' written notice, shall cause his stock to be sold on the first Tuesday in any month thereafter, before the court-house door in Savannah, during the legal hours of sale, by an auctioneer, if necessary, upon such notice and advertisement as may be deemed proper, and said stock may be bought in by and for said corporation, and reissued to some other person upon the payment of the amount paid for said stock by the corporation, including the installments in default, the delinquent stockholder receiving the surplus, if any, after deducting the expenses of said sale, advertisement, charges, and attorney's fees, and any other expenses incurred in the sale thereof, and any deficit in the sum thus received, necessary to make the amount of the installments in default, and expenses of the sale, together with any attorney's fees that may have been incurred therein, shall be made good to said corporation by the delinquent stockholder, and a new certificate shall issue to the purchaser. Each stockholder shall be entitled to one vote for each share standing in his name, either in his own right or as fiduciary, on the books of said corporation at all stockholders' meetings, including the organization meeting, all votes to be by ballot and a plurality to elect. Books of subscription. Beginning business. Organization. Subscriptions to stock. Votes of stockholders. SEC. IV. Be it further enacted, That the corporate powers of this corporation shall vest in and be exercised by a Board of Directors, to consist of not less than five nor more than thirteen, who shall serve for one year, and until their successors are elected and qualified. The Board of Directors shall choose from their number a president and vice-president; shall have power to fill any vacancy which may occur [Illegible Text] their number (vacancies to be filled for the unexpired term only); shall have power to appoint such officers, clerks, and servants as they may deem necessary to conduct the business of the corporation, fix their salaries, define their duties, and

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remove them when it shall see fit to do so. It shall have the power to require of any officer or agent such bond, to secure the faithful discharge of his duties and trusts imposed in him, as it may deem fit; to make by-laws for the management of the affairs of the corporation, and to do all things necessary for the protection of its interests, not inconsistent with the laws of this State, subject, however, to the revision, modification or repeal of the stockholders in meeting assembled. The directors shall have power to declare dividends from the earnings of the corporation; provided always , that no dividends shall be declared till the earnings are sufficient to pay the same, after deducting all expenses and losses, and after placing annually at least ten per cent. of the net earnings to a permanent surplus fund, until such surplus fund shall equal twenty per cent. of the capital stock, after which at least five per cent. of the net earnings shall be added to the said permanent surplus fund annually. No person shall be eligible as a director who does not own in his own right at least ten shares of the stock of said corporation. A majority of the Board of Directors shall be residents of the city of Savannah, Georgia, and a majority of those known to be in the city at the time of a meeting of the board shall be a quorum for transacting business; provided , said quorum shall not be less than three members of the board. The directors shall issue to the stockholders certificates of stock in such form as they may see fit, and shall prescribe the manner in which transfers of stock from one person to another are to be made, but in no case shall a transfer or assignment of stock operate to release a stockholder from any obligation to the corporation without the consent of the directors. Management, etc. Dividends. Surplus. Qualifications of directors. Quorum. Stock certificates. SEC. V. Be it further enacted, That the annual meeting of the corporation for the election of directors shall be held at the office of the corporation, in the city of Savannah, on the second Tuesday in January in each year, but if no election is held on that day, it may be held on any subsequent day selected by the board. Notice in all cases being first given of the time and place of such election, once a week for four weeks, in a newspaper published in Savannah, and if the board should fail within thirty days after the second Tuesday in January to call said meeting, then the stockholders representing two-thirds of the shares may do so on the same notice as above. Annual meetings of stockholders. SEC. VI. Be it further enacted, That any number of the stockholders of said corporation who may own, or represent at the time, two-fifths in value of the capital stock, by giving twenty days' notice thereof, in a newspaper published in the

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city of Savannah, may call a meeting or convention of the stockholders of the corporation, at such time and place in the city of Savannah, Georgia, as may be designated in such call, but no act of the stockholders in such meeting or convention shall be valid or binding upon said corporation, except the election of directors, unless a majority of the stockholders, in value, shall be represented, but nothing herein provided for, shall prevent the Board of Directors from calling a convention or meeting of the stockholders whenever said board may deem proper so to do. Called meetings. SEC. VII. Be it further enacted, That the said corporation shall have power and authority to receive money on deposit, and to issure certificates therefor on any terms agreed upon; to lend and borrow money, and to take and give therefor such securities as may be considered best; to make advances on real or personal property, or both; to loan money to persons not members thereof, or stockholders therein, at eight per cent., or less, and to aggregate the principal and interest at the rate of the loan for the entire period of the loan, and to divide the sum of principal and interest for the entire period of the loan into monthly or other installments, and to take security by mortgage with waiver or exemption or title, or both, upon and to real estate situated in the city of Savannah, Georgia, or the suburbs thereof, or elsewhere; that all contracts made and securities taken as above shall be valid for the full amount of the principal and interest charged, and shall not be held usurious; to invest its funds in such manner and upon such terms as it may deem best, and to transfer its property at pleasure; to procure and establish safety deposit vaults and boxes and let the same for hire and receive the rent therefor; to receive valuables or other articles of personal property of any sort or kind including certificates of stock, securities and other evidences of the same, or of titles thereto, on deposit for safe keeping from any person or persons, as well as from executors, administrators, guardians, receivers, trustees, corporations, public or private officers and all other fiduciaries, charging and receiving therefor such sums of money as may be agreed upon; to deal in precious metals, foreign and domestic bills of exchange; to buy, sell, discount or collect promissory notes, bills of exchange, bills of lading, contracts, claims, receipts, rents, choses in action of any kind whatever, mortgages, bonds, stocks, securities and evidences of debt generally; to buy, sell, rent, improve, mortgage, lease, manage or otherwise to have, hold, operate and control any real or personal property in this or any other State or Territory of the United States; to receive deposits of money for investment

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purposes on terms agreed upon, and to issue receipts or certificates therefor; to negotiate, buy or sell other stocks, bonds, bills of exchange, promissory notes, rents, mortgages, choses in action, securities and personalty of all kinds and real estate in this or other States or Territories of the United States; to advance and loan money on the same and to negotiate advances and loans on the same, and to invest funds for others generally upon such terms and conditions as may be agreed upon between said corporation and those with whom it may deal; to receive from persons or corporations mortgages or deeds conveying property, real or personal, in trust to said corporation, securing negotiable notes or bonds, with or without coupons, not bearing a greater interest than the highest contract rate fixed by the laws of this State upon such terms and subject to such conditions and limitations as may be agreed upon or required by the by-laws or by the Board of Directors of said corporation, and not in conflict with the laws of this State, and which terms, powers, limitations and conditions shall be made and subscribed by the persons and corporation so executing and delivering such mortgages or deeds in trust; and to sell or negotiate such notes or bonds so secured, or allow them to be sold or negotiated by such persons or corporations so executing and delivering same, on such terms as may be agreed upon; provided , that for such services of negotiating or selling and receiving and paying over proceeds of the sale of said note or notes, bond or bonds, to the persons or corporations executing the same, said corporation shall in no case charge a larger compensation than the commissions now allowed by law to trustees for receiving and paying over moneys; to execute and issue its own debentures, bonds or other evidences of debt, bearing interest not exceeding the highest contract rate allowed by laws of Georgia, singly or in series, or classes, of any denomination, properly secured upon property placed with said corporation for said purposes, or upon property owned or held by it; to guarantee, issue or indorse interest-bearing loans, notes, bonds, debentures or other evidences of debt when said corporation is fully secured, and to negotiate and issue or cause the same to be issued for value; to guarantee or insure titles to real estate for valuable consideration; to execute and issue, demand, receive and enforce all receipts, certificates, contracts, bonds or other instruments of writing, as may be necessary for the transaction of its business; to receive savings on deposit under such requirements and regulations as may be prescribed by the Board of Directors, not inconsistent with the laws of this State or of the United States, paying therefor

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such interest as may be agreed upon; to do a general banking, exchange, savings bank, loan and trust company business, and do all acts as may be considered by it necessary for carrying on the same. Banking powers, etc. SEC. VIII. Be it further enacted, That said corporation shall have power to accept and execute the office and appointment of executor of the last will and testament of any person, or of guardian when appointed by such will, or otherwise; and the Ordinaries of this State are authorized to grant letters testamentary to said corporation when it is duly appointed executor of any will. Said corporation shall have the power to accept and execute the office of agent, assignee, receiver or trustee of every kind whatever, whenever such office shall be conferred upon it by any person, corporation or court, either of this State or of the United States. The capital stock, property and assets of this corporation shall be absolutely liable for the faithfull management of the trusts confided to its care as executor, guardian or trustee, agent, assignee or receiver as aforesaid, and such capital stock, property and assets shall be considered and accepted as the security intended in all cases where bonds and security are required by law, and no other bond or security shall be required for the faithful performance of any duty imposed upon it when this company shall accept such trusts; provided , that upon a proper showing made to any court of competent jurisdiction, bond and security may be required. That all laws in force in this State, not contrary to the provision of this Act, concerning executors, administrators, guardians, trustees, assignees or receivers shall apply to this company when appointed to such office. That said corporation shall have power to act as fiscal agent for the State of Georgia, or for any other State, or for any county, city, town, corporation or municipality whatsoever, for negotiating, issuing, registering, selling and countersigning bonds, certificates of stock or other obligation, and for paying bonds, coupons, certificates of stock or other obligation, or for guaranteeing the payment of such bonds, certificates, obligations or coupons (or for doing or performing any other contract or obligation by this corporation), and generally for managing such business for said corporation as may be agreed upon. When the management of any estate or funds is vested in said corporation under the provision of this Act, said corporation may be sued as to any other matter connected therewith in the county in which the appointment is made, and it shall be the duty of said corporation to have an agent in every such county, upon whom service can be effected, and in case it fails to have such an agent, it may

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be served by publication, as non-resident defendants in equity cases are now served. That when said corporation shall have money in its hands (acting in any of the aforesaid fiduciary capacities) which ought to be invested, it may invest same in the bonds or public debt of the United States, or of this State, or in bonds indorsed or guaranteed by the State of Georgia, or in any bonds allowed by this State for the investment of fiduciary funds, with like freedom from liability as though ordered to do so by the will, deed or other instrument, or order or decree of court creating the trust; provided , such investment be not contrary to any of its directions. That said corporation shall not be obliged to convert into cash or change an investment of stocks, bonds or other securities which may come into its hands when acting in any of the aforesaid official or fiduciary capacities, unless directed by deed or will, or otherwise to do so for the payment of debts, expenses or pecuniary legacies. That whenever any court shall appoint said corporation as trustee, assignee or receiver, or deposit with said corporation any moneys, such court may at any time appoint a suitable person to investigate the condition and management of said corporation, who shall report to said court his opinion of the safety and prudence of its investment, and the integrity and ability with which its affairs are conducted, and the reasons and figures supporting said opinion. The Governor of this State may, if he sees fit, cause such examination to be made by the proper person or persons, annually or oftener, if in his opinion, any emergency should require it, but nothing in this Act shall be so construed as to exempt this corporation from making the usual returns and exhibits required by law from other banks and trust companies. Power to act as executor, guardian, assignee, receiver, etc. Liability. Bond, etc. Fiscal agent. Venue of suits against. Service. Investment of trust funds. Investigation of management and condition. Returns, etc. SEC. IX. Be it further enacted, That married women and minors shall be competent to make deposits with said corporation of money or otherwise, and their checks or receipts for the same shall be a sufficient discharge to said corporation, and any contract made by them with said corporation as to said deposits shall be valid and binding in law, and such deposits shall not be subject to the claims, control or debts of the husbands, respectively, of such married women, or the parents or guardians, respectively, of such minors. Deposits by married women and minors. SEC. X. Be it further enacted, That said corporation shall have its principal office in the city of Savannah, Georgia, but may do or transact business within its corporate scope anywhere in the United States, and the Board of Directors shall have power to establish agencies for the transaction of the business of said corporation at any place within the State of Georgia or elsewhere that they may deem advisable,

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with power to appoint such officers and agents, and delegate to them such powers, as may be necessary for the business of said agencies and branches. Principal office. Agencies. SEC. XI. 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 and stockholders for debts of corporation. SEC. XII. Be it further enacted, That the powers, franchises and privileges granted by this Act to said corporation shall not be repealed or changed so as to affect its powers faithfully to execute and carry out any trust held by, or contracts entered into by, said corporation, or injure any interest committed to its care or management, without the consent of all the stockholders, creditors and persons interested. Repeal or change of powers, etc. SEC. XIII. Be it further enacted, That this charter shall be of force for the term of fifty (50) years from the date of organization of said corporation, with the privilege of renewal at the end of that time. Term of charter. SEC. XIV. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 16, 1890.

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AMENDING CHARTER OF THE GERMANIA SAVINGS BANK. No. 53. An Act to amend the charter of the Germania Savings Bank, approved October 16th, 1889, by striking out the word savings, in the eighth line of section 1, by striking out the word nine, in the eighth, line of section 6 and inserting in its place the word thirteen, and by adding to section 11 the following words: provided , that bills of exchange, commercial paper, securities convertible in open market, cotton receipts and warehouse receipts, and bills of lading shall not be included in said liabilities. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That the charter of the Germania Savings Bank, approved October 16th, 1889, be amended, and the same is hereby amended by striking out the word savings, in the eighth line of section 1, by striking out the word nine, in the eighth line of section 6, and inserting in its place the word thirteen, and by adding the following words to section 11: provided , that bills of exchange, commercial paper, securities convertible in open market, cotton receipts and warehouse receipts, and bills of lading shall not be included in said liabilities, so that said sections, when amended, shall read as follows: Savings stricken from corporate name. Number of directors may be thirteen. As to limitation upon the allowable liability of any person, etc. to the corporation. SEC. II. Be it enacted by the General Assembly of the State of Georgia, That Henry Blun, Jacob Paulsen, G. M. Ryals, Gustave Fox, J. C. Klein, H. Basser, R. Richmond and George W. Owens, and such other persons as may be associated with them, and their successors and assigns shall hereafter be a body politic and corporate, with succession for fifty years, under the name and style of the Germania Bank, and by said name have power to sue and be sued; to have a corporate seal, with power to change the same, from time to time, and by that name shall be capable of purchasing, taking, holding and enjoying to them and their successors all property of every nature that may be necessary for the purpose of promoting the objects of said corporation, and of selling, leasing, and otherwise disposing of the same, or any part thereof, of receiving deposits of money and purchasing and selling bills of exchange, lending money and discounting bills of exchange drawn against shipments of produce or any other valuable property and notes secured by mortgage, pledge or indorsement at their will.

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SEC. III. Be it further enacted, That so soon as twenty-five thousand dollars of the capital stock of this corporation shall have been paid in lawful money, the stockholders may organize and proceed to business under this Act, on giving three days' notice through a public gazette to the stockholders, requiring them to assemble and organize and elect a Board of Directors. The corporate powers of this corporation shall be exercised by a Board of Directors of not less than five nor more than thirteen persons to be chosen, as hereinafter provided, who, from their number, shall elect a president and vice-president. Said directors shall elect a cashier and appoint such other officers and agents, as they may deem necessary, dismiss them, fix their compensation and require bond from the persons so elected or appointed in such sum as they may deem proper for the faithful performance of their duties. The directors shall be elected by the stockholders at the time of the organization by a majority of the stockholders, and annually thereafter on the second Monday in June, and shall continue in office until their successors are elected or appointed and qualified. A majority of said directors shall have power to act at all meetings of the board and to fill any vacancies that may occur on the board. Each stockholder shall be entitled at all elections to one vote for each share of stock held by him in his own right, or in any fiduciary capacity. Absent stockholders may be represented and vote by proxy; provided , the person holding such proxy shall be a stockholder in this corporation. No person shall be eligible as a director who does not own in his own right ten shares of stock unpledged and unencumbered. SEC. IV. Be it further enacted, That the liabilities to said bank of any persons or of any company, corporation or firm, including in the liabilities of the company or firm the liabilities of the several members thereof, shall, at any time nor by any device, exceed one-tenth part of the amount of the capital stock of said bank; provided , that bills of exchange, commercial paper, securities convertible in open market, cotton receipts and warehouse receipts and bills of lading shall not be included in said liabilities. 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.

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INCORPORATING THE EXCHANGE BANK. No. 54. An Act to incorporate the Exchange Bank, and for other purposes. SECTION I. Be it enacted by the General Assembly of Georgia, That E. B. Russell, T. J. Treadwell, Thos. M. Armstead, L. S. Roone, A. J. Lyle, L. R. Rosser, W. G. Rosser, of said State, their associates and successors, are hereby constituted and declared to be a body corporate, for the term of forty years, under the name of the Exchange Bank, with all the rights and privileges belonging to such associations under the laws, and particularly those set out in section 1679 of the Code (1882) of this State. Corporators. Corporate name and general powers. SEC. II. That said corporation shall have authority to do a general banking business, to receive deposits, discount commercial paper, to buy and sell exchange, to acquire and hold real and personal property and dispose of the same, and to perform all acts usual in such cases. Banking powers. SEC. III. That said corporation shall have the authority to loan money on real estate, or such other security as the Board of Directors may accept, at any rate of interest that may be agreed upon in writing, not in excess of the highest contract rate fixed by law, and it may also make loans for any time agreed upon, and charge interest for the whole time, and include the same in the note or notes or other security given therefor, and collect the same by monthly installments or otherwise, without any rebate of interest therein if the debtor will so agree; and in such cases the laws applicable to loans made by building and loan associations are hereby made applicable. Loans and interest. SEC. IV. That the capital stock of said corporation shall not exceed the sum of one hundred thousand dollars, divided into one thousand shares of one hundred dollars each, and the incorporators, or any two of them, are hereby authorized to open books of subscription for said stock, and as soon as five hundred shares shall be subscribed for and the sum of one thousand dollars paid in thereon, said corporation shall have the right to organize and commence business; provided , that no deposits shall be received until twenty-five thousand dollars shall be paid in. The stock shall be paid for in monthly installments of not less than two dollars per month, or in such other way as the directors may direct; provided , that any stockholder shall have the

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right to pay up his entire subscription, or any part thereof, at any time; if any installment or assessment on the stock of said corporation called for is not paid when due, such stock shall be subject to forfeiture, sale or transfer, and the by-laws shall provide for the manner of the same. Said stock shall be transferred only on the books of said corporation in person or by attorney, duly authorized in writing, but no transfer or assignment of any stock shall be valid or operate to release it from the lien which is hereby given said corporation thereon, for any and all indebtedness to it by the holder thereof, till all such indebtedness is paid; such lien may be enforced by the by-laws. Capital stock. Books of subscription. Organization, etc. Payments for stock. SEC. V. That the business of said corporation shall be managed by a Board of Directors and the officers elected by it; said board shall consist of not less than three nor more than eleven directors, who shall be stockholders of said corporation; a majority shall constitute a quorum. Said directors shall be elected, as provided by the by-laws, and shall hold until their successors are elected and qualified. The officers of said corporation shall be a president, vicepresident, cashier, and such other officers as may be hereafter elected by the Board of Directors of said corporation, who shall be elected at such times, and hold their respective offices for such term as may be fixed by the by-laws. Management. SEC. VI. 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 stockholder, in such corporation over and beyond the par value of his or her original shares of stock, equal in amount to the face vale 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 and stockholders for debts of corporation. SEC. VII. That the principal office of said corporation shall be in the city of Atlanta, Fulton county, Georgia. Principal office. SEC. VIII. That all laws and parts of laws in conflict with this Act are hereby repealed. Approved December 16, 1890.

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INCORPORATING THE MAYSVILLE BANK. No. 56. An Act to incorporate a bank at Maysville, in Banks county, Georgia, to be known as the Maysville Bank, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That Hugh Atkins, Thomas E. Atkins, M. M. Sanders, I. A. Madden, J. R. Carr, C. T. Bacon, J. M. Eberhart, I. D. Baugh, C. C. Sanders, W. S. Williams, A. D. Candler and such other persons as may be associated with them, and their successors and assigns, are hereby constituted a body corporate, under the name of the Maysville Bank, to be located in the town of Maysville, Banks county, Georgia. Corporators. Corporate name and location. SEC. II. Be it further enacted, That the capital stock of said bank shall be twenty-five thousand dollars, with the privilege of increasing the same to any amount not exceeding one hundred thousand dollars, said stock to be divided into shares of one hundred dollars each. Certificate of stock shall be issued to each stockholder, truly representing his or her interest in the company, and all sales and transfers of stock in said bank must, in order to be valid, be made on the books of the company, by the owner of the stock or by his or her lawfully appointed attorney in fact. Capital stock. Sale and transfer of stock. SEC. III. Be it further enacted, That when ten thousand dollars or more shall be subscribed and paid in on account of subscriptions to stock, then the subscribers shall be and become a body corporate and politic, with continued succession, under the name of the Maysville Bank, and by that name shall exercise corporate powers and be competent to contract and be contracted with, sue and be sued, plead and be impleaded, in any court having jurisdiction of the subject matter involved, and shall be capable of purchasing, holding and selling real and personal property in the safe prosecution of the business of said bank, and shall have power to make and use a corporate seal, and do all acts and things, and to pass and enforce all such rules and regulations as may be necessary and proper to carry into effect this Act and the business of said corporation; provided , such rules and regulations are not inconsistent with the laws of the State and the United States. General powers. SEC. IV. Be it further enacted, That the directors of said bank may each year declare a dividend of so much of the

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net profits as they shall deem expedient, but before declaring such dividend, they shall carry one-half of its net profits of the preceding year to the surplus, until the surplus fund shall amount to twenty-five per centum of the capital stock, and thereafter the amount carried to the surplus fund shall be discretionary with the directors. 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 orignal 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 the other creditors upon the capital, property and assets of said bank. Dividends. Surplus funds. Liability of corporation and stockholders for debts of corporation. SEC. V. Be it further enacted, That the powers of the company shall be exercised by a Board of Directors of not less than three and not more than seven persons, to be chosen as hereafter provided, who shall elect from their own number a president. Said directors shall elect a cashier, who may also be a director, and appoint, from time to time, or at any time, such other officers or agents as, in their judgment, the business may require, fix their compensation, dismiss them, and take bonds from persons so elected or appointed, in such sum as they may deem proper for the faithful execution of their duties. The directors of the company shall be elected upon the first organization upon a call of the majority of the incorporators, of which organization each stockholder shall have written notice three days before the same, and annually thereafter each year, and the directors shall continue in office until their successors are elected and qualified. A majority of said directors shall have power to act at all the meetings of the board, and to fill any vacancies that may occur in the board. Each stockholder shall be entitled at all elections of directors of said company to one vote for each share of stock held by him, whether in his own right or in any fiduciary capacity. He may vote either in person or by proxy under written power of attorney. No

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election shall be valid unless a majority of the whole stock is represented at such stockholders' meeting. Management. Election and term of directors. Quorum. Votes of stockholders, etc. SEC. VI. Be it further enacted, That said corporation shall have power to receive money on deposit, to loan and borrow money, to take and give therefor such securities as may be considered best, to purchase and discount notes and bills of exchange, to act as agents for borrowers, to secure loans for them on real estate or other security and charge a commission for negotiating same, and to do all other acts that it may deem advisable for the safe keeping and secure, profitable investment of its funds. Banking powers. Negotiating loans, etc. SEC. VII. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 16, 1890. AMENDING CHARTER OF THE PROGRESS LOAN, IMPROVEMENT AND MANUFACTURING COMPANY. No. 58. An Act to amend an Act enntitled an Act to incorporate the Progress Loan, Improvement and Manufacturing Company, to grant banking privileges to the same, and for other purposes, approved October 22, 1887, so as to authorize said Progress Loan, Improvement and Manufacturing Company to purchase, build, equip and operate street railroads in the city of Macon and its suburbs, to subscribe for and purchase stock in other companies, and otherwise enlarge the powers and privileges of said company, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That section 4 of the Act entitled an Act to incorporate Progress Loan, Improvement and Manufacturing Company, to grant banking privileges to the same, and for other purposes, be, and the same is, hereby amended by adding the following words immediately after the last word in said section, to-wit: Said company is hereby further authorized and empowered to purchase, build, equip and operate street railroads in the city of Macon and its suburbs; to subscribe for, purchase, hold and sell stocks, bonds and other securities, either from individuals or other corporations. Corporation authorized to purchase, build, etc., street railroads. Buy and sell stocks, bonds, etc.

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SEC. II. That all laws and parts of laws in conflict herewith are hereby repealed. Approved December 16, 1890. AMENDING CHARTER OF THE FULTON LOAN AND BANKING COMPANY. No. 63. To amend an Act entitled an Act to incorporate the Fulton Loan and Banking Company, approved October 29, 1889. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That an Act entitled an Act to incorporate the Fulton Loan and Banking Company, approved October 29, 1889, be so amended as to strike from the first section thereof the word The, in the beginning of the name of said company, so that the name will read Fulton Loan and Banking Company, and so that the first section, thus amended, will read as follows: Be it enacted by the General Assembly of the State of Georgia, That Charles K. Maddox, A. R. Eskridge, T. R. [Illegible Text], J. N. Bateman, C. R. Millner, of said State, and such other persons as may be associated with them, and their successors and assigns, shall be, and they are, hereby constituted and declared to be a body corporate, under the name and style of the `Fulton Loan and Banking Company,' to be located in Atlanta, Georgia, with all the rights and privileges belonging to such corporations under the law, and particularly those set forth in section 1679 of the Code (1882) of this State. The stricken from corporate name. SEC. II. Be it further enacted, That the above recited Act be further amended by adding to section 2 the following words: And when the same is done, a deduction at the rate of not more than six per cent. per annum interest on the average time, in the discretion of the Board of Directors, may be allowed in such advance payment or payments, so that when said section is thus amended it will read as follows: Be it further enacted, That the capital stock of said corporation shall be seventy-two thousand dollars, divided into two thousand shares of thirty-six dollars each, with the privilege of increasing the same at different times to such amounts as said corporation may deem proper, until the same may reach the sum of three hundred and sixty-five thousand dollars, the incorporators being hereby authorized to open

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books of subscription for said stock. The stockholders shall pay in the stock subscribed for, by monthly installments, in such sums as shall be determined by the Board of Directors, not to be less than one dollar per share. Such payments shall continue until the amounts paid in shall be thirty-six dollars per share; provided , any stockholder shall have the right to pay the entire amount subscribed for at any time, and when the same is done, a deduction at the rate of not more than six per cent. per annum interest on the average time, in the discretion of the Board of Directors, may be allowed on such advance payment or payments. Deduction on advance payment for stock. SEC. III. Be it further enacted, That the above recited Act be further amended by striking from section 3 the following words, call a meeting of the stockholders in the manner aforesaid for the purpose of filling, and adding the word fill where filling is, so that said section, when thus amended, will read as follows: Be it further enacted, That so soon as five hundred shares shall be subscribed for, and the sum of five hundred dollars paid in on said stock, the incorporation shall have the right to organize and transact business by the loaning of money, but shall not have the right to transact the general business hereinafter named until the sum of five thousand dollars is paid in on said stock. At the first meeting of the stockholders, to be called by said incorporation, a board of seven directors shall be elected from the stockholders to hold the office until their successors are elected and qualified, a majority of whom shall constitute a quorum, and said Board of Directors shall thereafter be elected annually from said stockholders by a majority of those present at a meeting to be called for that purpose by the authority of said board, preceding the newly elected one, the whole of said stockholders to be notified of said meeting by notice, in writing, to each of them, directed to their last known post-office through the United States mails. Said Board of Directors shall have power to manage the business of the corporation; to elect all officers of the same; to fill vacancy or vacancies that may occur on board by reason of resignation, death or otherwise; to declare dividends, when earned, and to provide for the sale or forfeiture of any stock by reason of default in paying the installments aforesaid, and to do such other things as is and may be lawful for the advancement and benefit of said corporation. Directors authorized to fill vacancies in board. SEC. IV. Be it further enacted, That the above recited Act, be further amended by adding to section five the following words: And said corporation may act as trustee for any individual or individuals or corporations, and as guardian,

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executor or administrator; and may obtain and procure loans for any person, company, partnership or corporation, and invest money for others in such securities or property as may be directed, and receive such compensation for the same as may be agreed upon by the parties said corporation may act for, in the manner aforesaid, so that, when said section is thus amended, it will read as follows: Be it further enacted, That said corporation may receive on deposit all sums of money which may be offered it for the purpose of being invested in such sums and at such times and on such terms as the Board of Directors may agree upon, and which shall be repaid to said depositors at such time, and with interest not exceeding the lawful rate, and under such regulations as may be fixed by said board; and if money is deposited by any minor, either as an investment or otherwise, such money may be withdrawn by the minor without the consent of his or her parents or guardians, and a check or receipt of each minor therefor shall be as binding upon him or her as if he or she were of full age; and said corporation may act as trustee for any individual or individuals or corporations, and as guardian, executor or administrator; and may obtain and procure loans for any person, company, partnership or corporation, and invest money for others in such securities or property as may be directed and receive such compensation for the same as may be agreed upon by the parties said corporation may act for in the manner aforesaid; provided , that the capital stock, property and assets of this corporation shall be absolutely liable for the faithful management of the trust confided to its care as executor, guardian or trustee, agent, assignee or receiver. That all laws of force in this State concerning executors, administrators, guardians, trustees, assignees or receivers shall apply to this company, when duly appointed to such office. Authorized to act as executor, guardian, trustee, etc. Negotiate loans, etc. SEC. V. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 16, 1890.

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INCORPORATING THE EXCHANGE BANK OF ALBANY, GEORGIA. No. 65. An Act to incorporate the Exchange Bank of Albany, Georgia, and for other purposes. SECTION I. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That T. N. Woolfolk, E. L. Wight, J. R. Forrester, R. H. Warren, W. E. Wooten, N. F. Tift, C. W. Rawson, J. R. Whitehead, W. D. Mann, Julius Peritz, S. Sterne, L. Geiger, Sam Farkas, J. B. Gilbert, W. S. Tarver, J. S. Whildon, E. N. Clark, S. B. Wight, C. W. Tift, J. C. Cassidy, W. W. Rawlins, W. W. Turner, J. E. Mercer, J. M. Wooten, H. C. Odum, W. H. Bennett, T. W. Troy, A. R. Campbell of Georgia, Robert Ober, J. K. Ober of Baltimore, Md., J. W. Woolfolk of Alabama, and their associates, successors and assigns, be, and they are, hereby created a body corporate and politic under the name of Exchange Bank of Albany, Georgia, and by such name shall have the power to sue and be sued, plead and be impleaded, complain and defend in any court of law or equity; to make, use and at pleasure alter a common seal; to make and establish such by-laws, rules and regulations, not inconsistent with the laws of this State, nor of the United States, for the government of the incorporation and its incorporators, as it may deem proper; to contract and be contracted with; to receive, purchase, own, hold and use property of all descriptions, real, personal and mixed, and and the same to alien, convey, lease, mortgage and otherwise dispose of, and to receive the rents, incomes and profits thereof, and generally to do each and every act requisite, necessary, expedient or convenient to accomplish the purpose of such corporation. Corporators. Corporate name and general powers. SEC. II. And it is hereby further enacted by the authority of the same, That said corporation shall have power to do and transact a general banking business; to receive deposits of money, without liability for interest; to buy and discount notes, drafts, bills of exchange, checks, certificates and other evidences of debt; to purchase, own, sell and hypothecate stocks; to lend money, and to take as security real estate, bonds, stocks, promissory notes, or any other security or thing of value; to borrow money and secure the payment of the same, by deed or mortgage, and any written evidence of debt, and by any other security; to invest its

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funds in real estate or in such other property, real, personal or mixed, as its Board of Directors, under its by-laws, may direct or determine; to buy and sell foreign and domestic exchange, and to make collections, and to charge and receive pay for the same. Banking powers, etc. SEC. III. And it is hereby further enacted by the authority of the same, That said body corporate shall have power to receive deposits of money, and to contract to pay thereon such rate of interest as may be agreed on, not exceeding the rate fixed by law, and in the by-laws for the government of the corporation may regulate, from time to time, the maximium and minimum amount of the deposits it will receive, the rate of interest to be paid generally and in particular cases, the manner and times of payment of interest, and the manner and times at which deposits may be withdrawn; and shall have power, in its discretion, to cause the interest on any deposit to cease, first giving not less than thirty days' notice to the depositor, personally or by publication, of the date on which its liabilities for interest shall cease, and such notice, if made by publication, may be made to apply to one or more depositors, or to a particular class of depositors of amounts above or below a sum named, or to all of the depositors; but any depositor shall have the right to withraw his deposit at the time so fixed for the cessation of interest, and if the bank should, after demand, fail or refuse to permit such withdrawal, the money so retained after demand, shall bear interest as if no such notice had been given. Deposits on interest. Withdrawal of deposits. SEC. IV. And it is hereby further enacted by the authority of the same, That the said corporation shall have power to lend money, whether a part of its capital or deposits on real or personal property, or such other security, as it may see fit, at any rate of interest not exceeding the highest contract rate allowed by law at the time such loan shall be made, and may charge interest for the full time and include the same in the note or notes or other evidences of debt given therefor, and collect the same by monthly or other installments. If the debtor shall so agree without any rebate of interest thereon, and to secure any and all such loans, advances or other debts due or owing to it, said corporation is authorized to take such mortgage, deed of trust, conveyance, pledge, or other security, as it may deem proper. Loans and interest, etc. SEC. V. And it is hereby further enacted by the authority of the same, That evidences of deposits made shall be given by the bank by means of pass-books, certificates, or in such other manner as it may prefer. Any deposits made by or in the name of a minor, or in the name of a trustee, where

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the name of the cestui que trust is not coupled with the name of the trustee, shall be held for the exclusive right of the depositor, free from the control or lien of any other person whomsoever, except creditors, and the receipt or acquittance of such minor or trustee, as such, shall be a valid and sufficient release and discharge for such deposits, with any accruing interest so paid. Pass-books etc. Deposits by minors or trustees. SEC. VI. And it is hereby further enacted by the authority of the same, That in case of deposits on interest, the sum deposited, with accrued interest, shall be paid to the depositors respectively or to their legal representatives, after demand in such manner, and at such times, and after such previous notice, and under such regulations as may be prescribed by the Board of Directors, which regulations shall be printed in the pass-books, and shall be evidence between the bank and the person holding the same, of terms on which the deposits are made, and the bank may refuse to receive a deposit, and may also at any time return all or any part of any deposit. Payment of interest bearing deposits. Refusal and return of deposits. SEC. VII. And it is hereby further enacted by the authority of the same, That said bank shall have the right to procure and establish safety boxes and vaults, and may let the same for hire, and collect such hire. It shall also have the power and authority to receive for safe keeping or deposit all moneys, bonds, stock, diamonds, gold, silver-plate, and all other valuables, and charge and collect a reasonable compensation for the same, which said charge shall be a lien upon such deposit until paid; said bank may also deposit its funds as other depositors with any National Bank, or with any other bank or banker, and may authorize any such bank or banker to receive for it any deposit, and pay out for it such moneys as it may direct. It shall also have the power to contract to occupy a part of the premises of any other bank, and use for its business, the vaults, safes, furniture and fixtures of such other bank as may be agreed on. Safety boxes, etc. Special deposits. Deposits with other banks, etc. Use of premises, etc., of other banks. SEC. VIII. Be it further enacted by the authority aforesaid, That said hereby created corporation shall have the power and authority to act as fiscal agent for any State, person or corporation, public or private, upon such terms and for such compensation as may be mutually agreed upon, not inconsistent with any of the laws of this State. Fiscal agent. SEC. IX. And it is hereby enacted by the authority of the same, That the principal place of business of said bank and its principal office shall be in the city of Albany, county of Dougherty and State of Georgia. Location. SEC. X. Be it further enacted by the authority aforesaid, That the capital stock of said corporation shall be ($50,000)

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fifty thousand dollars, divided into shares of ($100) one hundred dollars each, with the privilege of increasing the same at any time to any sum not exceeding ($500,000) five hundred thousand dollars, as may be deemed best by the Board of Directors; but no increase of capital stock shall be rated unless ratified by the consent in writing of the owners of two-thirds of the stock paid in. Said corporation shall have the authority and privilege to commence its said business so soon as fifty thousand dollars of said capital stock shall be subscribed, and twenty per cent. actually paid in; and when fifty thousand dollars shall be subscribed and twenty per cent. paid in, the said corporators or any one of them, may call a meeting of all the persons who have subscribed to the capital stock of said bank to assemble at a time and place to be designated in a written or printed notice, which shall be sent to each person who has subscribed to the capital stock, at which time and place an election shall be held for a Board of Directors, under the supervision of said corporators, at which election each one hundred dollars subscribed to the capital stock and twenty per cent. thereof paid in shall be entitled to one vote. The persons receiving a majority of the votes shall be declared duly elected, and the Board of Directors thus elected shall hold their offices until the regular annual meeting, and until their successors are elected and qualified. If the first installment upon any share of stock shall remain unpaid for fifteen days after it shall have been called for by the directors, the person who is in default shall lose his right to said stock, and it may, without notice, be sold by the directors to any person applying for the same; and if any subsequent installment remains unpaid for thirty days after it shall have become due, the stock upon which such installment is so due shall be subject to forfeiture, sale or transfer, in such manner as the by-laws of the corporation may provide. The said corporation shall have a lien upon all the stock of any stockholder for any indebtedness of such stockholder to it, and no transfer or assignment of such stock shall be valid, or operate to release it from such lien until all such indebtedness is paid. Such lien may be enforced as may be prescribed by the by-laws. Capital stock. Beginning business. Organization. Election, etc., of directors. Failure to pay for stock. Transfer etc., of stock. SEC. XI. And it is hereby further enacted by the authority of the same, That the term of this charter shall be for the full period of thirty (30) years, with the privilege of renewal. Term of charter. SEC. XII. 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

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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 and stockholders for debts of corporation. SEC. XIII. Be it further enacted by the authority aforesaid, That the officers of this corporation shall consist of a president, a vice-president and six or more directors, and such other officers as the Board of Directors may deem necessary. The vice-president shall be one of the six or more directors. Officers. SEC. XIV. And it is further enacted, That all laws and parts of laws conflicting with this Act be, and the same are, hereby repealed. Approved December 18, 1890. INCORPORATING THE SOUTHERN EXCHANGE BANK. No. 67. An Act to incorporate the Southern Exchange Bank, to define its powers, 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 Moses G. McLain, Indiana; Charles Van Minor, New York; James V. Parker, Indiana; Allen W. Jones, Georgia; Grafton Johnson, Indiana; T. B. Felder, Jr., Georgia; Daniel Crasland, South Carolina, their associates, successors and assigns, are hereby constituted a body corporate and politic under the name of the Southern Exchange Bank, with power under the said name to sue and be sued, plead and be impleaded, have and use a common seal and the same to alter at pleasure; to make, alter and repeal such rules, regulations

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and by-laws as they may deem needful, useful or necessary for the conduct and management of its business; to receive, purchase, own, hold and use property of all descriptions, and alien, convey, lease and mortgage the same; to receive money on deposit, and to issue certificates of deposit on any terms agreed on; to loan and borrow money; to take and give security as may be considered best; to transfer its property at pleasure of the Board of Directors; to receive valuables or other articles of personal property, including certificates of stock, stock, bonds, deeds, mortgages, notes or other evidences of debt or security, on deposit, under such lawful terms as may be agreed on, for safe keeping, from any person or persons, as well as from executors, administrators, guardians, receivers, trustees, corporations, public and private officers and all other fiduciary agents or persons, charging and receiving therefor lawful compensation, of such as may be agreed on; to buy, sell, discount or collect promissory notes, bills of exchange, accounts, bills of lading, contracts, claims, receipts, judgments, executions, fi. fas. , tax fi. fas. , rents, mortgages, bonds, securities and evidences of debt generally; to buy, sell, rent, improve, mortgage, lease, manage or otherwise to have, hold, operate in or control any real or personal property in this State, to negotiate advances and loans upon the same; to invest funds for others upon such lawful terms as may be agreed on; to receive mortgages, bills of sale, or deeds in trust to said bank; receiving negotiable notes or bonds; to receive savings or deposits under such requirements and regulations as may be prescribed by the Board of Directors, paying such lawful interest as may be agreed on; to accept and execute the office of executor, trustee, agent, assignee or receiver; to act as fiscal agent for any city, town, corporation or person for negotiating, issuing, registering, selling, countersigning bonds, certificates of stock or other obligations, and generally to do and perform all such things as are useful, needful or proper in a banking business. The incorporators herein named, or a majority of them, or their successors or assigns, shall act as directors until successors are elected, and may proceed to open subscriptions and to organize said bank, and begin work whenever $100,000 of its stock has been subscribed and 10 per cent. thereof actually paid in. The stock may be divided into two classes. Paid up stock shall be that on which $40 per share is paid at the time of the subscription or as soon thereafter, and in such installments, as the Board of Directors may require; such shall entitle the holder thereof to one vote for each share so subscribed for. Scrip for $100 per share shall be issued when $40 per share is paid,

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but the holder thereof shall not be entitled to draw dividends thereon for ten years, but the dividends, earnings and profits shall remain in the hands of said bank accumulating and compounding for ten years, and at the end of that time, for every $40 actually paid in, said bank shall treat such stock as fully paid up stock; but prior to the expiration of said time, for each share subscribed in said series, each stockholder shall be entitled to one vote. Corporators. Corporate name and general powers. Banking powers, etc. Negotiation of loans, etc. Savings. Authorized to act as executor, trustee, etc. Fiscal agent. Temporary directors. Organization. Paid up stock. Vote of holder. SEC. II. Be it further enacted, That there may also be stock on the installment plan, for every share of which the subscriber shall be liable to pay one dollar for the first month, to be applied to the payment of the expenses of the bank, its subscriptions, agencies and other like objects in the proportion to be fixed by the by-laws, and the balance to the subscription; for each subsequent month the subscriber shall be liable to pay seventy-five cents per month until paid in full. No such stock shall be entitled to a vote until the same is paid up in full. If a default shall exist in the payment of installments on any share for four months consecutively, the said share, with all payments thereon, shall be forfeited to the bank, but any holder of such stock, paid in whole or in part may sell his interest therein at any time before forfeiture to the said bank or other purchaser upon such terms as may be agreed on, and such purchaser may continue payments, as though he were the original subscriber and under like liabilities and with like privileges. Stock on installment plan. Vote of holder. Default. SEC. III. Be it further enacted, That the said bank shall have the right, by vote of the directors, to fix, from time to time, the amount of the stock to be allotted to each series of stock and to change the same at pleasure, and they may also require subscriptions, when made, to be secured in such manner, and to such extent, and upon such terms, as the directors may, at the time of the subscription, prescribe. Amount of each series of stock. Security for stock subscriptions. SEC. IV. Be it further enacted, That said bank may loan to its stockholders or others, and may calculate the interest in advance, and add same to the face of the debt, and provide for payment of said debt, so calculated, by installments, payable monthly, or at such other period as may be fixed, all expenses of examining titles, and making the loans to be charged to the borrower. And said contract may provide for such sale, forfeiture or other penalties or proceedings, or for public or private sale of the property without legal foreclosure, as the by-laws may prescribe and the parties to the contract mutually agree upon at the time of the loan. Loans and interest. SEC. V. Be it further enacted by the authority aforesaid, That said corporation shall be responsible to its creditors

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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 stockholders 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 and stockholders for debts of corporation. SEC. VI. Be it further enacted, That the authorized capital of said bank shall be five million dollars, divided into fifty thousand shares at one hundred dollars each; but said bank may organize whenever $100,000 is subscribed, and proceed to business whenever ten per cent. thereof is paid in. The by-laws of said bank shall be binding upon its stockholders, and payments and dues may be enforced by such penalties and forfeitures as may be provided therein. The bank may, from time to time, call in any scrip or stock by paying therefor the face value and its proportion of accumulated profits shown on the books of the bank, and may thereupon cancel said stock. Capital stock. Beginning business. By-laws, etc. Calls for stock. SEC. VII. Be it further enacted, That the officers of said bank shall consist of a president and directors, to be elected by the stockholders at the annual meeting. The cashier and other officers and agents may be elected by the directors at any time. Officers. SEC. VIII. Be it further enacted, That the officers of said bank shall be managed by the Board of Directors, to consist of not less than five nor more than fifteen, who shall be elected at the annual meeting, on the second Tuesday in February of each year, and hold the office until their successors are elected. The president shall be and vote as a member of the Board of Directors. The date for holding the annual meeting may be changed, from time to time, by the board. Management. SEC. IX. Be it further enacted, That no person shall be eligible as directors unless, at the time of his election, he owns in his own right at least ten shares of stock of said bank, standing in his name on the books of the bank. No one eligible as director unless oweing ten shares of stock.

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SEC. X. Be it further enacted, That the said bank shall have a lien upon the stock of every stockholder for all sums due said bank, or for any and all liabilities as maker, acceptor, drawer, indorser, security, guarantor or otherwise, and no stock of any stockholder who is indebted or otherwise liable to said bank upon any obligations due, or to become due, shall be transferred without the consent of the president or directors of said bank first had and obtained. Lien upon stock, etc. SEC. XI. Be it further enacted, That except as hereinbefore provided all stock shall be transferable on the books of the bank in person or by proxy. The stock shall be divided into shares of one hundred dollars each. Transfers of stock. Par value. SEC. XII. Be it further enacted, That the annual meeting of said bank shall be on the second Tuesday in February of each year, at which time a majority of the stock entitled to vote, represented in person or by proxy, shall elect a president and directors, and transact such business as may lawfully come before it. Annual meetings. SEC. XIII. Be it further enacted, That five of the Board of Directors shall constitute a quorum for the transaction of business. The corporate power of said bank shall be exercised by said board, who are hereby authorized to make rules, regulations and by-laws for the government of said bank. Said bank may, from time to time, increase the capital stock of said bank, from time to time, allot the number of shares to each series of stock and change the same, and generally have and exercise all such power and authority as is necessary or needful to carry out the purposes of said bank. Powers of directors. SEC. XIV. Be it further enacted, That the principal office of said bank shall be in the city of Atlanta, in the county of Fulton, but said bank may establish branches at such places as it may deem needful and desirable. Location, etc. SEC. XV. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same is, hereby repealed. Approved December 19, 1891.

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INCORPORATING THE GEORGIA SAVINGS BANK OF ATLANTA. No. 68. An Act to incorporate the Georgia Savings Bank of Atlanta, to define its powers and privileges, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That David E. Sayre, Nelson E. Barker, Walter A. Sadd, Andrew P. Stewart and John M. Slaton, their associates, successors and assigns, be, and they are, hereby constituted and declared a body corporate and politic, with perpetual succession, under the corporate name and style of the Georgia Savings Bank of Atlanta, and in such name shall have the power to sue and be sued, complain and defend in any court of law or equity; to make, use and alter a common seal; to make by-laws and rules for the government of the corporation, not inconsistent with the laws of this State or of the United States; to contract and be contracted with, and in general to exercise any corporate powers necessary to the execution of the powers herein conferred. Corporators. Corporate name and general powers. SEC. II. Be it further enacted, That the place of business of said corporation and its principal office shall be in Atlanta, Fulton county, in the State of Georgia, with authority to establish branch offices at such other places as the business may, from time to time, demand. Location, etc. SEC. III. Be it further enacted, That said corporation shall have power to do and transact a general banking business; to receive deposits of money without liability for interest; to buy and discount notes, drafts, bills of exchange, checks, certificates and other evidences of debt; to purchase, own, sell and hypothecate stocks and bonds; to lend money and to take as security real estate, bonds, stocks, promissory notes, or any other security or thing of value; to borrow money and to secure the payment of same by deed or mortgage, and any written or other evidence of debt, and by any other security; to invest its funds in real estate, or in such other property, real, personal or mixed, as its Board of Directors, under its by-laws, may direct or determine; to buy and sell foreign and domestic exchange, and to make collections and to charge and receive pay for the same. Banking powers, etc. SEC. IV. Be it further enacted, That said corporation shall have power to receive deposits of money, and to contract to pay thereon such a rate of interest as may be agreed upon,

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not exceeding eight per cent. per annum, and in the by-laws may regulate the maximum and minimum amount of the deposits it will receive, the rate of interest to be paid thereon and the manner of payment. It shall have power, in its discretion, to cause the interest on any deposit to cease, first giving not less than thirty days' notice to the depositor; personally or by publication, of the date on which its liability shall cease, and such notice, if made by publication, may be made to apply either to one depositor or to more, or to a particular class of depositors, or to depositors of such amounts as are above or below a stated sum, or to all of its depositors. Deposits upon interest. SEC. V. Be it further enacted, That evidences of the deposits made shall be given by said corporation by means of pass-books, certificates of deposit, or in such other manner as it may prefer. Any deposit made in the name of a minor, or of a female, or in the name of a trustee, where the name of the cestui que trust is not coupled with the name of the trustee, shall be held for the exclusive right of the depositor, free from the control or lien of all persons whatsoever, except creditors, and the receipt or acquittance of such minor or female (or trustee, as such) shall be a valid and sufficient release and discharge for such deposit, with any accruing interest so paid. Pass-books, etc. Deposits by minors, females or trustees. SEC. VI. Be it further enacted by the authority aforesaid, That in case of a deposit on interest the sum deposited, with accrued interest, shall be paid to the depositors respectively, or to their legal representatives, after demand, in such manner and at such times, and after such previous notice, and under such regulations as may be prescribed by the Board of Directors, which regulations shall be printed in the pass-books, and shall be evidence between the bank and the persons holding same of the terms on which the deposits are made; and the bank may refuse to receive a deposit, and may also, at any time, return all or any part of any deposit. Payments of interest bearing deposits, etc. SEC. VII. Be it further enacted, That said corporation may make loans on real estate or personal property, or on other security, at such a rate of interest as may be contracted for in writing, not exceeding highest rate allowed by law, and may charge interest for the whole term of the loan and may include the same in the note or notes, mortgage or mortgages, deed or deeds, or other security given therefor, and collect the same by monthly installments or otherwise, without any rebate of interest thereon, the debtor so agreeing thereto by executing the note or notes, mortgage, deed or other security aforesaid; provided , that when said corporation shall make loans on real estate it shall have all the

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rights, powers and privileges conferred by an Act entitled An Act to authorize and empower building and loan associations, and other like associations, of this State to lend money to persons not members nor shareholders at eight per cent., or less, and to aggregate the principal and interest at the date of the loan for the entire period of the loan, and to divide the sum of principal 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. 8. Be it further enacted, That said corporation shall have the power and authority to act as financial agent for any person or corporation, public or private, either to negotiate loans, to buy or sell stocks, bonds or other securities, or to make investments, and to charge and collect for such services such commissions or compensation as may be agreed upon. Financial agent. SEC. IX. Be it further enacted, That said corporation shall have power and authority to act as agent for any person, partnership or corporation for the purpose of issuing, transferring, countersigning or registering the certificates of stock, bonds or other evidences of indebtedness of any corporation, association, municipality, State or public authority on such terms as may be agreed upon. Agent for issuing, registering, etc., bonds, etc. SEC. X. Be it further enacted, That in addition to the powers heretofore conferred the corporation herein created shall, in law, be capable of being appointed a trustee with the powers of holding and managing for persons under a disability, and capable, also of being made assignee of property for the use of others, and shall also be authorized to act as the depository for trust funds, or funds held by the courts, corporations or individuals for distribution, and generally to have and exercise such other powers as may be now held under or hereafter may be conferred by the statutes of the State of Georgia upon trust corporations or companies. May be trustee. Or assignee. Or depository for trust funds etc. SEC. XI. Be it further enacted, That the capital stock of said corporation shall be fifty thousand dollars, with the privilege of increasing the same to five hundred thousand dollars, by two-thirds' vote of the shareholders, in amount. The capital stock shall be divided into shares of one hundred dollars each, and shall be transferable in such manner as may be prescribed in the by-laws. 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

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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; provided , that no shares shall be issued which have not been fully paid, and before said corporation shall commence business the full amount of fifty thousand dollars shall be subscribed and paid in. Capital stock. Liability of corporation and stockholders for debts of corporation. No shares not fully paid to be issued. When business may begin. SEC. XII. Be it further enacted, That the affairs of said corporation shall be managed by a Board of Directors of not less than five, to be selected by the shareholders, to serve for such terms and to be elected at such time and in such manner as shall be prescribed in the by-laws. The officers of said corporation shall consist of a president, a vice-president, a cashier and such other officers and agents as may be deemed by the directors necessary for the transaction of its business. Management. SEC. XIII. Be it further enacted that the powers, franchises and privileges granted by this Act to said corporation shall not be repealed or changed so as to affect its power faithfully to execute and carry out any trust held by, or contracts entered into by, said corporation, or so to injure interests committed to its care and management without the consent in writing of all the stockholders, creditors and persons interested. No repeal or change of powers, etc., so as to affect power to carry out trusts, etc. 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 18, 1890.

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AMENDING CHARTER OF THE AMERICAN TRUST AND BANKING COMPANY. No. 71. An Act to amend an Act to incorporate the American Trust and Banking Company, approved August 29, 1889, to extend the period of incorporation; to enlarge its powers; to increase the number of directors; to define the liabilities, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That section 6, as it appears in the Act approved August 29, 1889, be stricken out and the following substituted in lieu thereof: So long as the paid-up capital stock of said company shall remain as much as five hundred thousand dollars said company may receive and accept the appointment of trustee, administrator, guardian, executor, assignee, receiver and trustee of every kind whatsoever, whether such appointment be made by any court, corporation, company or individual; provided , that the capital of said company shall be absolutely bound for all such trust funds as may come into its possession as such trustee, and said capital and assets shall be accepted as the securities intended in all cases where bonds and securities are required by law, and no other bond or securities shall be required for the faithful performance of any duty imposed upon it when this company shall accept such trusts; provided , that any person at interest may, upon motion in a proper court, as a matter of right require the execution of a bond on the part of said company, conditioned for the faithful execution of the trust reposed, in such an amount as the court may determine. Said company shall also be a legal depository for trust funds by other trustees and persons in position of trust, and trustees so depositing their trust funds shall be deemed to have exercised reasonable diligence in the management thereof; and any funds belonging to trust estates, when not otherwise invested, may be deposited in said bank at such rate of interest, or without, as may be agreed upon, and such trustee shall not be required to account for more interest than is actually received on such deposits. Authority to be trustee, executor, guardian, etc. Liability for trust funds. Bonds. Legal depository for trust funds. SEC. II. Be it further enacted, That section 7 be amended by striking from the sixth and seventh lines the words to the amount of their unpaid subscriptions, and shall be liable, and by striking from said section the proviso at the

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end thereof, and substituting the following: provided , 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 said 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 further , 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 and stockholders for debts of corporation. SEC. III. Be it further enacted, That section 8 be amended by striking from the fourth line of said section the words nor more than nine, so that the clause shall read as follows: Said board shall consist of not less than five directors, and a majority, etc. Number of directors. SEC. IV. Be it further enacted, That section 9 of said Act be, and the same is, hereby repealed and the following shall be substituted, to be known as section 10: Sec. 10. Be it further enacted, That said company may lend money for any length of time agreed upon and not exceeding eight per cent. interest, and include the interest for the whole time in the note or other security given therefor, and, if the borrower so agrees, collect said principal and interest in monthly, bi-monthly, quarterly or semi-annual installments, or otherwise, without any rebate of interest. Loans and interest. SEC. V. Be it further enacted, To be known as section 11: In the event money shall be deposited in said bank by any minor, either for an investment or otherwise, such money may be withdrawn by the minor without the consent of the parent or guardian of such minor, and his or her check or receipt therefor shall be as binding upon such minor, parent and guardian as though he or she were of full age. Deposits by minors. SEC. VI. To be known as section 12: Be it further enacted, That the foregoing amendments shall be binding upon said company only when accepted by a stockholders' meeting duly called for that purpose, a majority of the stockholders being present and voting therefor. These amendments to be binding only when accepted by stockholders.

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SEC. VII. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 20, 1890. AMENDING CHARTER OF THE UNION SAVINGS BANK. No. 80. An Act to amend an Act incorporating the Union Savings Bank and Trust Company, approved September 28, 1889, so as to give said Bank and Trust Company the same privileges regarding money in its custody as trustee of any kind, as it has regarding any other money on deposit with it, and making it chargeable with interest on such money at the same rate as it at the same time allows its general depositors. SECTION I. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That section 6 of the aforesaid Act, approved September 28, 1889, be amended by inserting between the clause ending with the word produce, in the thirty-ninth line of said section, and that clause beginning with the word said, in the thirty-ninth line of said section, the following words: Or it may, in its discretion, place such money on general deposit with itself, and use the same as it does any other deposits made with it, and in such case it shall be chargeable with interest on the same at the same rate which it at the same time allows to other general depositors. Use of money deposited with bank as trustee. SEC. II. Be it further enacted, That all laws conflicting with this Act are hereby repealed. Approved December 20, 1890.

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INCORPORATING THE CONTINENTAL BANK AND TRUST COMPANY. No. 82. An Act to incorporate the Continental Bank and Trust Company, to define its powers, privileges and liabilities, and for other purposes therewith connected. SECTION I. Be it enacted by the General Assembly of Georgia, That J. J. Cobb, D. M. Nelligan, O. J. Wimberly and C. P. Steed, and such persons as may become associated with them, and their successors and assigns, be, and the same are, hereby constituted a body politic and corporate with continual succession under the name and style of the Continental Bank and Trust Company, and by such corporate name may contract and be contracted with, sue and be sued in any court; may have, use, and alter at will a corporate seal; make by-laws not inconsistent with this charter or the laws of the land; may purchase, own and control property of all kinds, both real and personal, and alien, transfer, convey, hypothecate, mortgage or otherwise deal with and dispose of same in any manner that a natural person might lawfully do; and shall have power to do all acts necessary and proper to carry out the purposes of this Act, and to exercise in general all the powers incident to corporations, and that are proper and needful to transact the business for which it is incorporated. Corporators. Corporate name and general powers. SEC. II. Be it further enacted, That the capital stock of this corporation shall be one hundred thousand dollars, to be divided into shares of the par value of one hundred dollars each, but after said capital stock shall have been paid up, it shall have power to increase the capital stock from time to time, to any sum not exceeding five hundred thousand dollars, whenever such increase shall be deemed expedient by the stockholders, two-thirds of the entire stock being voted for such increase before it shall be allowed. Said corporation may begin business as soon as twenty-five thousand dollars shall be paid in on its capital stock. Capital stock. Beginning business. SEC. III. Be it further enacted, That the persons named in the first section of this Act, or any three of them, are hereby appointed commissioners to open books for subscriptions to the capital stock, at such times and places, and for such lengths of time, and on such notice as they think best; and when one thousand shares shall have been subscribed, twenty-five dollars on each shall at once be paid in cost to

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the commissioners, the remaining seventy-five dollars on each share to be paid in at such time, or in such installments, as may be called by the directors; and if any subscription, or subsequent installment, remains unpaid for thirty days after the commissioners or directors have called for same, they may cancel it and proceed to get other subscriptions in its place, and any money that may have been paid on account of such subscriptions shall be forfeited. When said number of shares shall be subscribed, and twenty-five percent. paid up, the commissioners shall call a meeting of the subscribers or stockholders, in such way and at such time and place as they see fit, and the assembling of a majority in value of the subscribers, either in person or by written proxy, they shall proceed to the election of a Board of Directors consisting of not less than five and not more than fifteen members, and no one shall be eligible as a director who holds less than (10) shares of stock in this corporation in his own name and right. Said election shall be by ballot under the supervision of the said commissioners, and a plurality of votes shall elect, and at the first election, and all subsequent elections by stockholders, each stockholder shall be entitled to one vote for each share of stock standing in his or her name on the stock book or list of this corporation, at the time of such election, and said vote may be given in person or by written proxy. Said commissioners shall declare the result of this first election, and shall turn over to the Board of Directors so elected the charter, the subscription lists and the money received for stock, and thereupon this corporation shall be organized. Books of subscription. Payments for stock. Organization. SEC. IV. Be it further enacted, That the corporate powers of said corporation shall be vested in and exercised by the Board of Directors, who shall serve one year, and until their successors are elected. They shall choose out of their own number a president and vice-president, shall have power to fill vacancies occurring in their own board, shall appoint such officers and other employees as they deem necessary, fix the salaries, define the duties of such officers and employees, remove them when they may deem proper, and demand of them such bonds and securities as may be deemed best for the interests of the corporation, and do all things its best interests may demand, not contrary to law or this Act, and subject to change or repudiation by a majority of the stockholders in value. The directors may declare dividends out of the net earnings of the corporation, payable in money or by issuing new stock after a surplus fund of ten per cent. of the capital stock has been accumulated, and after adding to the surplus fund annually five per cent. of such net earnings.

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If any director shall become ineligible under the terms of this Act, to hold his place in the board, the directors shall, as soon as they learn of such fact, declare a vacancy and proceed to fill the same. The Board of Directors shall consist of not less than five (5) nor more than fifteen (15) members, a majority of whom shall be resident of Macon, Georgia, and a majority of whom, including the president or vice-president, shall be a quorum. Certificates of stock shall be issued in manner prescribed by the board, and all transfers of stock shall be recorded in the stockbook, which shall be open to the inspection of any stockholder during all business hours. The election for directors shall be annually on the first Thursday in January, and if not held then, shall be held on some subsequent day to be fixed by the directors, notice of which shall be given by publication once a week for four weeks in the official gazette of Bibb county; and if the directors fail to call such election in thirty days after the time for the regular election, stockholders, representing two-thirds of the stock, may call such election after giving the same notice. The stockholders representing two-thirds of the stock may call a meeting of the stockholders at any time on giving the above notice, but no action by such meeting shall be binding on the corporation unless a majority of all the stock is represented. The directors may call a meeting of the stockholders at any time whatever for any cause they deem it proper to do so. Directors and officers. Dividends. Vacancies. Number and quorum of directors. Certificates of stock. Elections. Called meetings of stockholders. SEC. V. Be it enacted further, That the Continental Bank and Trust Company be authorized and empowered to receive money on deposit, and issue certificates of deposit, on such terms as it may establish; to lend and borrow money, taking and giving therefor whatever securities it desires. It shall have power to make advances on real and personal property, to invest its funds as it may deem best, to transfer its property at pleasure, to provide safety-deposit vaults and boxes, and rent the same and collect the hire that may be agreed on, and shall have a lien for such hire on the property deposited superior to all other liens, and may sell the property at public or private sale for the hire of same if not paid when due, after thirty days' notice to the owner or after advertising such sale once a week for four weeks in some public gazette; to receive on general deposit or for safe keeping money, jewelry, plate and securities, deeds and personal property of any kind, from any person, including executors, administrators, guardians, receivers, trustees, corporations, public and private officers, including funds in litigation in any court, and when such official person

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or persons, acting in such fiduciary capacities, shall deposit money with said corporation, or shall leave any personal property whatever with it for safe keeping, such persons shall not be liable for the loss of same so long as it is left on deposit with, or in custody of, said corporation, but it shall be a legal depository, and all of its assets or resources shall be first and absolutely liable for such money or property. It shall have power to deal in precious metals, domestic and foreign exchange, to buy and sell, discount and collect notes, bills of exchange, drafts, acceptances, bills of lading, mortgages, stocks bonds, evidences of debt, commercial paper and choses in action generally, and to purchase and sell and deal in its own stock and the stock of other corporations, when the effect is not intended to, and does not, lessen or defeat competition in their respective businesses or encourage monopoly; to lend money on any security agreed on and for any period of time, at any rate of interest not exceeding the highest contract rate allowed by law, and to aggregate the principal and interest for the whole period of the loan at the date of the loan, and collect the same by monthly or other installments, as may be agreed on with the borrower, without rebate or deduction, and to take therefor security by deeds or mortgages, or otherwise, and such contracts and securities shall be valid and binding for the full amount of principal and interest charged, and shall not be held to be usurious; to buy real estate and other property in which it may have any interest, or that may be necessary for the security and collection of any debt due it; to deposit its funds with other banks; to accept any grant, assignment, transfer, devise, bequest or trust made or created by any person, court or corporation; to negotiate, buy or sell for others all kinds of securities, evidences of debt, choses in action and real estate, charging for such service such sums of money as may be agreed on; to make and negotiate loans and to charge and collect commissions on all loans, whether made by itself or negotiated for others, such commissions to be paid by the borrower or lender, as may be agreed on; to charge and collect attorney's fees and other expenses incident to making and negotiating loans, in addition to interest; to act as agent for the purpose of transferring, registering or countersigning bonds, certificates of stock or other evidences of debt of any corporation, association, municipality, county, State or public authority, on such terms as may be agreed on; to accept and execute any trust committed to it of money or other property, real and personal, by any person, corporation or court, and to allow such rate of interest, and charge such commissions on same as

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may be agreed on; to receive and manage any real or personal property conveyed to it in trust by any person or corporation for the purpose of securing negotiable notes or bonds, with or without coupons, not bearing greater interest than the highest contract rate allowed by law, and to execute such trust upon such terms and conditions as may be agreed on by it and such other persons or corporation; to execute and issue its own debentures, bonds or notes, singular or in series, secured by property placed with it for such purpose or owned by it; to guarantee loans, notes, bonds and evidences of debt when it is secured; to guarantee or go security on private and official bonds of all kinds and all bonds required by law and in legal proceedings, and to guarantee titles to real estate on such terms as may be agreed on; to receive money and savings on deposit in such sums, on such terms and at such rates of interest, if any, as may be fixed by the directors from any person or association or corporation, including executors, administrators, guardians, officers, assignees, receivers and trustees of every kind, and such officers and fiduciaries shall have the same freedom from liability from loss of such money or savings, as hereinbefore provided in case of deposits by them; and the rules and terms relating to such deposits shall be printed in passbooks furnished to each depositor, and shall be notice to such depositor of such rules and terms, and shall constitute a contract between the corporation and such depositor; to do a general banking, exchange, savings bank, guarantee, safety deposit, loan and trust company business, and do all acts by it considered advisable and best for the carrying on of same; and it may, in its discretion, decline to receive any deposit, and may also return at any time all or any part of any deposit. Banking powers, etc. SEC. VI. Be it further enacted, That said corporation shall have power to accept and execute the office of executor or guardian of the estates of minors and others, administrator, of agent, assignee, receiver or trustee of any kind, whether such office is conferred by any person or corporation, public or private, or court of this State, or of the United States, or any other State, and shall be liable to be sued in any county where the appointment to such office is made, and if it shall have no agent in such county on whom service may be had, such service may be perfected as now allowed in equity cases where the defendant is non-resident; and it shall be the duties of the Ordinaries of this State to grant and issue the proper letters to said corporation whenever it is appointed executor, guardian or administrator, and the oath now required by law to be made in such cases shall be made

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by the president, vice-president or cashier of said corporation, and perjury may be assigned on the same. The capital stock, assets and resources of said corporation shall be first and absolutely liable for the faithful execution of the trust confided to it as executor, guardian, administrator, agent, assignee, receiver or trustee as aforesaid, and such capital stock, assets and resources shall be considered and accepted as the security intended in all cases where bond and security is required by law, and no other bond or security shall be required; provided , that upon proper and sufficient showing made to the court having jurisdiction by any party at interest, bond and security may be required, the amount to be fixed by the court, but not to exceed the amount now required by law in such cases; and said corporation shall have power to act as fiscal agent for the State of Georgia or any other State, for any other county, corporation or municipality in any matter, for any purpose or in any way that it may be called on to act, not contrary to the law or provisions of this Act. When said corporation shall have any money in its hands while acting in any of the aforesaid fiduciary or official capacities which ought to be invested, or which it may desire to invest, it may invest the same in the bonds of the United States or of this State, or in the bonds guaranteed or indorsed by this State, or in any bonds in which the laws of this State now or may hereafter allow the investment of similar funds, with like freedom from liability as though ordered to do so by the will, deed or other instrument or order or decree of court creating the trust, when not contrary to the provisions of the instrument or the Act creating the trust, and it shall not be chargeable with any greater interest on such investments than they themselves produce; or it may deposit such money with itself and use and manage the same as it may any other money deposited with it, and it shall be chargeable with interest or profits on such money at the same rate which it at the same time allows other general depositors, and no more. Said corporation may convert into cash or change any investments which it may create in any of the aforesaid fiduciary capacities, but shall not be compelled so to do unless so required by the proper court or by the terms of the trust; and when said corporation shall have any fiduciary funds or property in its custody or control, the Governor of this State, if he sees fit or any emergency requires it, may appoint annually or oftener, any reliable and responsible person to examine and report to him the condition and management of said corporation and of such funds of property, but nothing in this Act shall operate to relieve this corporation from

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making the returns and exhibits now required of banks and trust companies. May be executor, guardian, administrator, etc. Service of suits against. Letters of administration, etc. Oath. Liability of corporation for execution of trust. Bond and security may be required. May be fiscal agent. Investment and use of fiduciary funds. Examination and returns. SEC. VII. Be it further enacted, That married women and minors may make deposits of money or any other property with said corporation, and their checks and receipts shall be a full discharge to it, and any contract made by them with it concerning such deposits shall be valid and binding and enforceable in law, and such deposits shall be free from the drafts or control of the husbands of said married women, or the parents and guardians of such minors; provided , that any one depositing money or property with said corporation, in the name of or for the benefit of another, may, in writing, reserve the right to check out or withdraw the same. Deposits by married women and minors. Deposits by one for another. SEC. VIII. Be it further enacted, That the principal officer of this corporation shall be in the city of Macon, Georgia, and it shall have power to do business within its corporate scope anywhere it may desire, and the Board of Directors may establish agencies, and appoint such agents and invest them with such powers, not inconsistent with this Act, as they may see fit. Principal office. Agencies, etc. SEC. IX. 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 stockholders shall be individually liable for all the debts of said corporation to the extent of his or her unpaid shares of stock, and said stockholders 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 and stockholders for debts of corporation. SEC. X. Be it further enacted, That the powers, franchises and privileges granted by this Act to said corporation shall not be repealed or changed so as to effect its power to faithfully and fully execute any trust held, or contract made, by it, or to injure any interest committed to its care, without the consent of all the stockholders, creditors and persons interested. Repeal or change of franchises, etc.

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SEC. XI. Be it further enacted, That this charter shall be of force and effect for the term of fifty years from the date of organization of said corporation, with the right and privilege of having same renewed at the end of such time, if it should desire. Term of charter. SEC. XII. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 20, 1890. INCORPORATING THE ATLANTA PIEDMONT BANK. No. 103. An Act to incorporate the Atlanta Piedmont Bank, at Atlanta, Georgia. 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 W. G. Raoul, of the city of New York, New York State; W. O. Wadley, of the county of Burke; George Dale Wadley, of the county of Chatham; and R. J. Lane and M. B. Lane, of the county of Lowndes, State of Georgia; Daniel W. Rountree, of the county of Fulton, and they are hereby constituted and appointed commissioners to open books of subscription to the capital stock of the bank by this Act to be incorporated and located in the city of Atlanta in this State, to be called the Atlanta Piedmont Bank. Said Commissioners, or any three of them, are hereby authorized to keep open said books for such time as they think proper, in the city of Atlanta, and also, if they deem expedient, in the city of New York, and receive subscription to any amount not exceeding in the whole five hundred thousand dollars ($500,000), in shares of one hundred dollars ($100.00) each, whereof ten per cent. (10 per cent.) shall be paid to said commissioners at the time of subscription; all such subscriptions shall be binding upon the subscribers respectively, and be payable in such installments and at such times as the Board of Directors of said corporation shall prescribe. Commissioners and books of subscription. Amount of stock, etc. SEC. II. Be it further enacted, That when the subscription authorized by the first section of this Act shall amount to one hundred thousand dollars ($100.000) and ten per cent. thereof shall be paid to said commissioners, then the subscribers shall be and become a body corporate and politic,

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with continued succession, under the name of the Atlanta Piedmont Bank, and by that name shall exercise corporate powers, and be competent to contract and be contracted with, sue and be sued, plead and be impleaded in any court having jurisdiction in the subject matter involved, and shall be capable of receiving, purchasing, holding, owning and using property of every description, and alienating, conveying, leasing, mortgaging or otherwise disposing of the same in any manner that a natural person might lawfully do. Said corporation shall have power to make and use, renew and alter at pleasure, a corporate seal, and to do all acts and things necessary or proper to carry into effect the object and purpose of this Act and the business of said corporation, not inconsistent with the laws of this State or of the United States. Corporate name and general powers. SEC. III. Be it further enacted, That when the commissioners, who may act to receive subscription as provided for by the first section of this Act, shall have received ten thousand dollars ($10,000) in cash, on account thereof, they shall cause notice to be given to the subscribers in writing, at least two (2) weeks prior to the time appointed for the meeting of the subscribers, requiring them to assemble at the time and place designated in the said notice, to organize and elect a Board of Directors. On the assembling of the subscribers, or such of them as may choose to attend, the commissioners who may act shall proceed to hold an election by ballot, for such number of directors of the bank as the subscribers present at such meeting shall determine; and no person shall be a director of said bank who shall not be a stockholder in his own name and right to the extent of twenty (20) shares or upward. All stockholders, at an election of the company, and in all matters pertaining to the interest of the bank acted on in convention, shall be entitled to one vote for every share of stock owned, and may vote in person or proxy in writing. Executors and administrators shall be entitled to control the votes to which the testator or intestate would be entitled if living, and the stock of minors may be represented by their guardians; that the commissioners who may act (any three or more named in the first section of this Act) shall be judges of the first election of directors, and shall receive and count the vote, and ascertain the result, and certify accordingly, and the certificate of three or more of said commissioners who may act shall be sufficient evidence of the election of persons declared by them to be elected. After the election of said directors, the commissioners shall deliver to the Board of Directors chosen all moneys and credits in their hands, and the said

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subscription books to the stock of said bank and all accounts of all their actions and doings as such commissioners, whereupon their functions shall cease. Organization. SEC. IV. Be it further enacted, That the first and all subsequent Boards of Directors shall be elected to serve one year, or until the election of their successors, and each board shall choose one of their own number as president, who shall act as president of the bank until the election of a successor. Every Board of Directors shall have power to fill all vacancies which may occur in the office of directors or president, and may appoint from their own body, or from the body of stockholders, a vice-president, to assist the president and to serve as president of the bank during the absence of the regular president. Election, etc., of directors and officers. SEC. V. Be it further enacted, That the Board of Directors shall consist of five (5) members; provided , that the stockholders, at any meeting held for the election of directors, may, by vote, enlarge or diminish the number of the current year. A majority of directors at the time of meeting, including the president or president pro tem. , shall constitute a board for all purposes, which shall have power to enact all by-laws which may be deemed necessary and proper for the business of the bank, and may amend and repeal the same, and may exercise all the powers granted by this Act to the bank to be organized under it, and may confer on all, the president and other officers to be appointed, such powers as may be deemed proper and consistent with this Act; and may appoint all such officers and agents as the board may deem necessary and proper for the business of the company, and fix the rate of their salaries or compensation, and may require of any officer or agent appointed by the board such bond and security as may be deemed proper to secure the faithful discharge of duty and trust of such officer or agent, and may declare and pay, or cause to be paid to the stockholders, at such time and manner as they may think proper, dividends from the earned profits of the bank; provided always , that the stockholders in convention shall have powers conferred on the Board of Directors to repeal, alter or amend any by-laws or regulations which may be enacted or established by the Board of Directors. Number of directors. Quorum and powers. Stockholders may repeal, alter or amend by-laws, etc. SEC. VI. Be it further enacted, That the Board of Directors shall have power, from time to time, to prescribe and regulate the manner in which the stock, or certificates of stock may be transferred; provided , that no stock shall be transferred except on the books of said bank; but no transfer or assignment shall be valid or operate to release the owner thereof from any kind of obligation or debt to the corporation until the same has

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been paid, and said corporation shall have a lien on said stock until said obligations are paid. Transfers of stock. SEC. VII. Be it further enacted, That in case any subscriber to the stock of the bank shall fail or refuse to pay any of the assessments or calls for payment which may be made by the Board of Directors within the time required, the Board of Directors may, at any time thereafter, proceed to enforce the payment of the entire indebtedness for subscription to stock of said defaulting subscriber, may, by resolution of the Board of Directors, be sold, in which case the portion previously paid in shall be forfeited to the bank. Failure to pay for stock. SEC. VIII. Be it further enacted, That any member of the stockholders of the bank who own or represent at the time one-half of the actual capital stock, may, by giving twenty days' notice thereof, in at least one of the newspapers published in the city of Atlanta, call a meeting or convention of the stockholders of the bank at such time and place in the city of Atlanta as may be in said call designated; but no act of the stockholders in convention shall be valid or binding on the bank, unless a majority of the stockholders in value shall be represented. Called meetings of stockholders. SEC. IX. Be it further enacted, That the said corporation shall have power, and authority to receive deposits and issue certificates for the same, paying such legal rates of interest as may be agreed upon and under such lawful rules and regulations as said corporation may establish. Interest on deposits. SEC. X. Be it further enacted, That the said corporation shall have power to receive money on deposit, paying therefor such lawful interest as may be agreed upon; to loan and borrow money; to take and give therefor such securities as may be deemed best; to invest its funds upon such terms as shall be deemed best, and transfer its property at pleasure; to purchase and discount notes and bills of exchange, and to do all other acts it may deem advisable for the safe keeping and secure and profitable investment of its funds. Banking powers. SEC. XI. Be it further enacted, That said corporation may establish branches or agencies in such cities and towns as the directors may determine for the transaction of business, which shall at all times be under the control of the Board of Directors. Branches or agencies. SEC. XII. Be it further enacted, 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

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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 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 and stockholders for debts of corporation. SEC. XIII. Be it further enacted, That the said Atlanta Piedmont Bank, of Atlanta, shall make such sworn statements of reports to the Governor of the State as the law may require. Reports to Governor. SEC. XIV. Be it further enacted, That this Act, and all privileges and powers herein granted, shall continue in force for the term of fifty years (50) from and after the organization of the bank which may be organized under this Act, and the property, funds and business transactions of said bank during its existence shall be subject to the same rate of taxation as is or may be enforced by law on money or property of the same kind and similar transactions of individuals as like corporations or citizens of this State. Term of charter. Taxation upon. SEC. XV. Be it further enacted, That if the sum of one hundred thousand dollars ($100,000.00) be not subscribed or actually paid in within five (5) years after the passage of this Act, then all the privileges hereby and herein granted shall be forfeited. If one hundred thousand dollars be not subscribed of paid in within five years charter forfeited. SEC. XVI. Be it further enacted, That all Acts and parts of Acts inconsistent with this Act are hereby repealed. Approved December 24, 1890.

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AMENDING CHARTER OF THE PIEDMONT LOAN AND BANKING COMPANY. No. 110. An Act to amend an Act entitled an Act to incorporate the Piedmont Loan and Banking Company, approved September 28th, 1889. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That the principal office of the said Piedmont Loan and Banking Company shall be located in the city of Atlanta, Georgia, so that the last sentence in the first section of the Act above mentioned shall read as follows, to-wit: The principal office of the said corporation shall be located in Atlanta, Georgia. Principal office. SEC. II. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 24, 1899. INCORPORATING THE ENGLISH-AMERICAN LOAN AND TRUST COMPANY. No. 121. An Act to incorporate the English-American Loan and Trust Company of Atlanta, Georgia, and for other purposes connected therewith. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That Robert Miller, L. McIntosh Ward and Charles Z. Blalock, of said State, their associates and successors, are hereby constituted a body corporate and politic under the name of the English-American Loan and Trust Company, with power by this name to sue and be sued in any court whatever; to have and use a common seal; to make, alter and repeal such by-laws as they may deem necessary or proper for the conduct of the business of the corporation, not in contravention of this charter or the laws of this State or the United States; to acquire any property, real or personal, situated anywhere, by purchase or as satisfaction of any debt due said corporation, or which may have been mortgaged or conveyed to said corporation for moneys which have been owing to it or advanced by it, and to control and dispose of the same as, in the opinion of the Board of Directors, may be for the interests of said corporation; to deal in precious metals, foreign and domestic exchange, to buy, sell, discount or collect promissory notes, bills of exchange, choses-in-action,

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claims, rents, stocks, merchandise, crops or effects of any kind, and to perform all such acts and enforce the payments or fulfillments of any contract made to or with it as may become necessary; to loan and borrow money, to discount and sell bonds, stocks and securities generally, and to do a general banking business. Corporators. Corporate name and general powers. SEC. II. Be it further enacted, That said corporation may receive on deposit all sums of money which may be offered, for the purpose of being invested in such sums and at such times and on such terms as the by laws of the corporation shall prescribe, and which shall be repaid to such depositors, at such times and with such interest, not exceeding the lawful rate, and under such regulations as the Board of Directors shall, from time to time, prescribe; and if money is deposited by any minor, such money may be withdrawn by the minor without the consent of the parent or guardian of such minor. Said corporation shall have power and authority to receive for safe deposit, all moneys, bonds, stocks, diamonds, gold, silver, plate and other valuables, and charge a reasonable compensation for the same. Deposits, and interest. Deposits by minors. Safety de posits. SEC. III. Be it further enacted, That said corporation shall have power to make loans and discounts, to loan its own or its depositor's funds, to act as agent for borrowers in obtaining loans from any third person, company, partnership or corporation, and to charge such a commission for its services in procuring such loans, as may be agreed on between it and the borrower; to loan and invest its own money or the money of others, in or upon the security of mortgage, pledge, deed or otherwise, and in all loans made by said corporations, either for itself or for others, it may charge interest for the full time, and include the same in the note or notes or other evidences of debt given therefor, and collect the same by monthly or other installments if the debtor shall so agree, without any rebate of interest thereon, and in such cases, the laws relating to loans made by building and loan associations are hereby made applicable. Loans, investments etc. Interest on Loans. SEC. IV. Be it further enacted, That said company may subscribe to, purchase, acquire or loan money upon any stock, shares, notes, bonds, debenture or other securities of any government, State, municipality, corporation, company, partnership or person, and hold, deal in or sell the same, or distribute the same among the stockholders, and sell or subscribe any property, real or personal, or any interests acquired therein by it to any other corporation for any portion of its bonds, securities, obligations or capital stock, as may be agreed upon, without liability on such stock so purchased or subscribed for beyond the agreed terms of said purchase or subscription. Subscriptions to stock, etc., of other corporations, etc. SEC. V. Be it further enacted, That said company, at any time agreed by the Board of Directors, may issue (debenture) coupon bonds in denominations of not less than ten dollars nor more than five thousand dollars, payable at any time fixed upon, and drawing any rate of interest agreed on not forbidden by the usury laws, and to secure the payment of the same may transfer to any person, natural or artificial, as trustee, all of its securities, property, effects or franchises, or any part thereof, by way of mortgage, deed, pledge

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or otherwise; and said company may sell, loan, pledge, hypothecate or otherwise dispose of said debenture bonds, by the use of agents or otherwise, at any price, and paying its agents any commission its Board of Directors may agree on, for the purpose of obtaining money for use in its general business. Debenture bonds. SEC. VI. Be it further enacted, That said company shall be, and is, hereby given the right to carry on the business of guarantee and insurance, and to insure or guarantee the payment of any dividends, bonds, notes, undertakings, mortgages or other secureties, or evidences of indebtedness or the interest thereon, of any person, partnership or corporation for any price and on any consideration agreed upon; and also to carry on the business of guaranteeing the titles to any real estate for any price or consideration agreed upon. Insurance and guaranty powers. SEC. VII. Be it further enacted, That the said corporation shall have power to receive money in trust; shall have power to accept and execute such trusts of every description as may be committed to it by any order or decree of court, and shall have power to accept by grant or assignment, transfer, devise or bequest, and hold any real and personal estate or either, or trust created, in accordance with the law of this State, and to execute such legal trust on such terms as may be declared, established or agreed upon in regard thereto. The said corporation is hereby authorized to act as trustee, assignee, receiver, executor or administrator in this State, and funds in litigation in the various courts of this State may be deposited with said corporation, bearing such interest as may be agreed upon. Trusts. Corporation may be trustee, Executor, etc. SEC. VIII. Be it further enacted, That the capital stock of said corporation shall be one hundred thousand dollars ($100,000), divided into one thousand shares of one hundred dollars ($100) each, with power to the Board of Directors of said corporation to increase the same to any amount not exceeding six hundred thousand dollars ($600,000), upon giving ten days' notice of such intention to increase to all of the stockholders of said corporation, stating the amount of said increase. Said stock shall be paid for in installments or in such other manner as the directors may determine. Stock held by any one shall be transferred only on the books of said corporation, either in person or by power of attorney, and no stockholder shall transfer his stock, except by the consent of the directors of said corporation, if he is indebted to the corporation as principal, security or otherwise, until such indebtedness is paid off and discharged, and for all such indebtedness said corporation shall have a lien superior to all other liens upon the stock of said stockholder. 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 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

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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. Capital stock. Transfers of stock. Liability of corporation and stockholders for debts of corporation. SEC. IX. Be it further enacted, That as soon as there shall be fifty thousand dollars (50,000.00) of the capital stock subscribed, and twenty thousand dollars ($20,000.00) actually paid in, the said stockholders may organize and proceed to do business; provided , that said corporation shall not have the right to receive deposits as a bank until the sum of fifty thousand dollars ($50,000.00) shall have been paid in. The powers of the corporation shall be exercised by a Board of Directors of not less than three nor more than fifteen persons, to be chosen as hereinafter provided, who shall elect from their number a president and vice-president. Said directors shall also elect a cashier, and appoint, from time to time, or at any time, such other officers and agents as in their judgment the business may require, fix their compensation, dismiss them, and take bonds from persons so selected or appointed, in such sums as they may deem proper for the faithful execution of their duties. Directors of the corporation shall be elected upon the first organization upon a call of the majority of the incorporators herein named of a meeting of which each stockholder shall have written notice, and annually thereafter on a day to be appointed at the first meeting of stockholders; and the directors shall continue in office until their successors are elected and qualified. A majority of said directors shall have power to act at all meetings of the board; to fill any vacancies that may occur in the board, and to declare dividends out of the earnings of the company. Each stockholder shall be entitled at all elections of said corporation to one vote for each share of the capital stock held or owned by him, her or them in their own right or in any fiduciary capacity. Each stockholder shall vote in person or by written proxy, but no stock shall be voted which may be in arrears for installments or other dues until such arrears are paid in full. Organization, etc. Directors and officers. Vacancies. Dividends. Votes of stockholders. SEC. X. Be it further enacted, That the principal office of said corporation shall be located in Atlanta, Fulton county, Georgia. The Board of Directors shall have power to establish agencies for the transaction of said business in any place it may think proper. Principal office. Agencies. 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 26, 1890.

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INCORPORATING THE ATLANTA GUARANTEE SAVINGS BANK. No. 122. An Act to incorporate the Atlanta Guarantee Savings Bank. SECTION I. Be it enacted by the General Assembly of Georgia, That F. W. Miller, A. P. Nelms, Wilson Bell, of said State, their associates and successors be, and they are, hereby declared to be a body corporate under the name of Atlanta Guarantee Savings Bank, and by such name said corporation shall be incorporated for the term of fifty years, and is empowered to sue and be sued, plead and be impleaded, contract and be contracted with, to have and use a common seal, and at pleasure to alter the same; to make, alter, establish and amend such by-laws, rules of government and regulations as may be necessary or desirable for carrying out the purpose, intent and design of such organization; provided , such rules are not in conflict with the laws of this State or of the United States, and to do and perform each and every act requisite necessary, or expedient to carry on the business of said company as completely as the same could be done by an individual citizen of this State. Corporators. Corporate name and term. General powers. SEC. II. Be it further enacted, That the principal place of business of said corporation shall be the city of Atlanta, but it may establish branches or agencies at any other places in said State or elsewhere, and delegate to them such power as may be necessary for properly transacting the business of such branches or agencies. Principal office. Agencies. SEC. III. Be it further enacted, That said corporation shall have the right to do a general banking business, make loans and discounts, buy and sell exchange, and to lend its own or its depositors' funds; to obtain and procure loans of money for any person, company or partnership or corporation, and to do all things necessary, desirable or incidental toward mediating between borrower and lender, either with or without guaranty, indorsement or liability on the part of said corporation, and to charge for such service such a commission as may be agreed upon between the borrower and said corporation; to lend and borrow money upon its own account, and to take and execute securities by way of pledge, mortgage, or other conveyance or lien; to secure or collect any loan or the interest thereon negotiated or effected by it; to invest its money or the money of others, and to carry on the business of guaranty insurance; to guarantee or insure the title to any real estate or personal property (except fire and life insurance); to guarantee the payment of any bonds, notes, mortgages, undertakings or other securities or evidences of indebtedness, whether the same be loans negotiated by said company or by others, and to guarantee any other character or evidences of indebtedness of any person, partnership, company or corporation, municipal or private. Banking powers, etc. Guaranty insurances. SEC. IV. Be it further enacted, that said corporation may receive on deposit all sums of money which may be offered, and may lend

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and invest the same for its benefit at such times and on such terms as it shall see proper, which said sums shall be repaid to such de positors at such times and with such interest, not exceeding the lawful rate, and under such regulations as the Board of Directors shall from time to time prescribe, or in such other manner as may be agreed upon; and if money is deposited by any minor, such money may be withdrawn by the minor without the consent of his or her parent or guardian, and his or her check or receipt therefor shall be as binding as though such minor were of full age; that such corporation shall have the power to buy, sell, discount and collect bonds, stock, securities, notes, bills and other choses-in-action; to lend money on real and personal property, or such other security as it may see fit, at any rate of interest agreed on, not in excess of the highest contract rate allowed by law, and for any time agreed on, and may charge interest for the full time, and include the same in the note or notes, or other evidences of debt given therefor, and collect the same by monthly or other installments if the debtor shall so agree, without any rebate of interest thereon, and in such cases the laws applicable to loans made by building and loan associations are hereby made applicable; and to secure any and all such loans, advances or other debts due or owing to it, said corporation is authorized to take such mortgage, deed of trust, conveyance, pledge or other security, as it may see proper. Deposits on interest. Deposits by minors. Purchase, sale, etc., of stock, bonds, etc. Loans and interest. SEC. V. Be it further enacted, That said corporation may lend its own or the money of others upon any real estate or personal security, by way of mortgage, deed, pledge, execution or other lien of conveyance, and sell and transfer all such securities to any person, company, partnership or corporation, with or without guaranty or collateral liability; may subscribe to, purchase, acquire or lend money in or upon any stock, shares, bonds, notes, debentures or other securities of any government, State, municipality, corporation, company, partnership or individual, and may hold, deal in or sell the same or distribute such securities among the shareholders of the corporation; to negotiate or place in behalf of companies, partnerships, corporations or individuals all or any part of such shares, bonds, stocks or debentures, notes, mortgages or other securities, for an agreed compensation, with or without guaranty or collateral obligation by this corporation; to sell or subscribe any of the property, real or personal, or any interest therein acquired by it to any other corporation, company or individual for money, bonds, securities, obligations or capital stock, as may be agreed upon, without liability on any stock or security so purchased or subscribed beyond the agreed terms of said purchase or subscription. Loans upon security. Subscriptions, etc., to stock, etc., of others. SEC. VI. Be it further enacted, That said corporation shall have the right to make, issue and sell its own general or special debentures, bonds or other obligations, upon such terms and in such amounts as may be deemed advisable, based on the security of property owned or held by said company, and secured by such trust deeds, mortgages or other conveyances, general or special, as may be necessary; to invest or lend the proceeds of such bonds in or upon real estate or personal property; to apply the same to the

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redemption of prior bonds; to buy, sell, own, rent, lease or deal in any real or personal property; to improve any real estate owned by it by erecting buildings, machinery or other appliances for increasing the value thereof, and to do all things necessary and lawful to render the property of said corporation remunerative and profitable. Said bonds may bear any rate of interest not prohibited by the laws of the State in which the property on which they are based is situated; and said corporation may limit its liability upon its own or the bonds or obligation of any other corporation, partnership, company or individual, indorsed or guaranteed by it by express stipulation on the face, or in the indorsement or guaranty thereof. Debenture bonds, etc., SEC. VII. Be it further enacted, That said corporation shall have power to receive money in trust, and to accept and execute any and all trusts that may be committed to it by any court, corporation, company or individual, and to accept any grant, assignment, transfer, devise or bequest, and to hold in trust any real or personal property or trust created in accordance with the laws of this State, or any other State, and to execute the same upon such terms as may be established and agreed upon by its Board of Directors. Said corporation is hereby fully authorized to act as agent, receiver, assignee and trustee of every kind whatsoever, whether said office or appointment shall be conferred by any person or persons, or by any corporation, public or private, or by any courts of any State or of the United States; to receive on deposit all funds in litigation in the various courts of this State, and to pay therefor such interest as may be agreed upon, not exceeding the lawful rate; to receive for safe keeping or on deposit money, bonds, stocks, diamonds, gold, silver, plate or any other valuables, and charge and collect a reasonable compensation for the same, which charge shall be a lien upon such deposit until paid; and generally to do and carry on the business of a safe deposit and trust company. Said company shall have power to accept and execute the office and appointment of administrator of any estate or executor of the last will and testament of any person and of guardian of any minor or person under disability, and the Ordinaries of the State are authorized to grant letters testamentary, of administration and guardianship to said company when so appointed; provided , bond and security shall first be given in terms of law. May accept and execute trusts. May be receiver, trustee, etc. Deposits of funds in litigation. Safety deposits. May be administrator, executor or guardian. SEC. VIII. Be it further enacted, That said corporation shall have the power to act as fiscal agent for the State of Georgia, or for any other State, or for any county, city, town, corporation, or municipality whatsoever, for negotiating, issuing, registering and countersigning bonds, certificates of stock, or other obligations, and for guaranteeing the payment of such bonds, certificates, obligations, or the interest thereon; to lend its credit to any person, corporation, company or partnership, and generally to manage all such business for such compensation as may be agreed upon. Fiscal agent. SEC. IX. Be it further enacted, That the capital stock of the said company shall be $10,000, divided into 100 shares of the par value of $100 per share; but, said capital stock may be increased, from

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time to time, by a majority vote of the Board of Directors, to any amount not exceeding $5,000,000. The stockholders of said company shall be liable to the amount of the unpaid subscriptions, and shall be liable for all installments or assessments called for by the Board of Directors, as provided in the by-laws, until said subscription shall be fully paid up; and if any installment or assessment on the stock of said corporation called for is not paid when due, such stock shall be subject to forfeiture, sale or transfer, and the bylaws of said corporation shall provide for the manner of the same. Said stock shall be transferable only on the books of the said corporation, in person or by attorney duly authorized in writing, but no transfer or assignment of any stock shall be valid or operate to release it from the lien which is hereby given said corporation thereon for any and all indebtedness to it by the holder thereof, till all such indebtedness is paid. Such lien may be enforced as may be provided by the by-laws. Said corporation may begin business whenever stock to the amount of $10,000.00 shall have been subscribed and ten per cent thereof paid in; provided , that no deposit shall be received until $500,000.00 shall have been paid in, and that whenever said company shall begin a general banking business, 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. Capital stock. Payment for stock. Transfers of stock, etc. Beginning business. Liability of corporation and stockholders for debts of corporation. SEC. X. Be it further enacted, That the business and affairs of said corporation shall be managed by a Board of Directors and the officers elected by them. Said board shall consist of not less than five nor more than nine directors, and a majority shall constitute a quorum for the transaction of business. They shall hold their respective offices for such term as may be fixed by the by-laws, and until their successors are elected and qualified, and shall have power to elect all officers, and fill all vacancies occurring in their own body, or among said officers. The officers of the said corporation shall consist of a president, vice-president, secretary, cashier, general manager, general counsellor and such other officers as the Board of Directors may deem necessary, but the same person may hold two or more of said offices; and the Board of Directors may dispense with any office they may deem unnecessary. They shall hold their respective offices until their successors are elected and qualified.

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The Board of Directors may require any or all of said officers to give bonds in such amounts as they may fix for the faithful performance of their duties, and may alter amend or repeal any of the by-laws of the said corporation by majority vote of the Board of Directors. Directors and officers. SEC. XI. Be it further enacted, That the total liabilities to the said corporation of any person, corporation or firm (including in the liabilities of said firm the liabilities of the individual members thereof), for money borrowed, shall in no event exceed ten per cent. of the capital stock of said corporation, but advances made upon bills of lading, warehouse and elevator receipts, commercial papers and notes secured by collaterals and securities convertible in the open market, shall not be considered borrowed money under the provisions of this section. Limitation upon power to lend money. 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 26, 1890 AMENDING CHARTER OF THE MERCHANTS' AND MECHANICS' BANKING AND LOAN COMPANY. No. 128. An Act to amend an Act to incorporate the Merchants' and Mechanics' Banking and Loan Company, of Atlanta, Georgia, approved October 22d, 1887, and an Act amendatory thereof, approved November 4th, 1889, by authorizing it to do business with a capital stock of one hundred and twenty thousand ($120,000) dollars, to increase its Board of Directors, to enlarge its powers, and for other purposes. SECTION I. It appearing that on October 22d, 1887, an Act was approved, incorporating the Merchants' and Mechanics' Banking and Loan Company, of Atlanta, Georgia, in which it was provided that the capital stock should be two hundred thousand dollars, divided into two thousand shares of one hundred dollars each, with the privilege of increasing the same, at any time, to five hundred thousand dollars, and to be paid in installments as therein set forth, but with the further right to the incorporators to organize and commence business when one thousand shares shall have been subscribed, and the sum of twenty-five hundred dollars paid in on said stock; and it further appearing, that organization was effected and business commenced when said one thousand shares was subscribed and twenty-five hundred dollars paid in thereon, and that said company is now organized and doing business on a subscribed capital stock of one hundred and twenty thousand dollars, consisting of twelve hundred shares of one hundred dollars each, the same having been increased to this sum, and on which there has been

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paid in by the subscribers, the sum of eighty-five thousand nine hundred and thirty-five dollars, and it not being deemed expedient at this time to increase said capital stock beyond this amount; therefere. Preamble. Be it enacted by the General Assembly of Georgia, That said Merchants' and Mechanics' Banking and Loan Company, of Atlanta, Georgia, is authorized and empowered to continue its organization and the transaction of business as provided for in its charter, with the said subscribed capital stock of one hundred and twenty thousand dollars, on which there has been paid in by the subscribers, eighty-five thousand, nine hundred and thirty-five dollars, and with the privilege of increasing the same at any time to five hundred thousand dollars, on the plan and in accordance with the provision set forth in the original Act of October 22d, 1887. Authorized to continue business with present subscribed stock. Increase of capital stock. SEC. II. Be it further enacted, That the Board of Directors of said company may be increased from seven to any number not exceeding thirteen, if the same should be decided upon at any time by a majority vote of the stockholders holding stock on which there are no arrears of any kind. Increase in number of directors. SEC. III. Be it further enacted, That the paragraph in section 1 of the Act approved November 4th, 1889, amendatory of said original Act approved October 22d, 1887, which commences on the bottom of page 562 of the published Acts and Resolutions of the General Assembly of the State of Georgia, 1888-89, with the words to advance and loan money on the same, and ending near the top of page 563 thereof with the words and those with whom it may deal, be amended by adding the words with or between the words for others and without guaranty, which appear in said paragraph, so that the same, when amended, shall read thus: to advance and loan money on the same, and to make or negotiate loans and advances upon the same for others, with or without guaranty by it, and to invest funds for others generally upon such terms and conditions as may be agreed upon by and between said corporation and those with whom it may deal. Advances and loans with or without guaranty. SEC. IV. Be it further enacted, That sections 2 and 3 of this Act shall go into effect, and their provisions become a part of the charter of said company, only when the same are accepted by a majority of the stockholders, in the manner provided for in section 2 of the said amendatory Act which was approved on November 4th, 1889, and the holding of but one special meeting, and acting thereat, shall be sufficient to determine the acceptance or rejection of these sections and said prior amendatory Act. Sections 2 and 3 of this Act go into effect only when accepted by stockholders. 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.

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INCORPORATING THE MERCHANTS' AND FARMERS' BANK OF QUITMAN. No. 129. An Act to incorporate the Merchants' and Farmers' Bank of Quitman, Georgia. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That J. H. McCall, J. C. McDonald, J. G. McCall, K. H. Williams, M. Y. McIntyre of Chatham, and J. A. Bentley of Quitman, and such other persons as may hereafter be associated with them, and their successors and assigns are hereby constituted a body corporate, under the name of the Merchants' and Farmers' Bank of Quitman, to be located in the city of Quitman, Brooks county, Georgia. Corporators. Corporate name. SEC. II. Be it further enacted, That the capital stock of said company shall be one hundred and fifty thousand dollars, said stock to be divided into shares of one hundred dollars each, and when there shall be fifty thousand dollars of said capital stock subscribed and twenty-five thousand dollars actually paid in, the said company may organize and commence business under this Act. Capital stock. When business may begin. SEC. III. Be it further enacted, That when the subscription authorized in this section of this Act shall be fifty thousand dollars or more, and when twenty-five thousand or more in lawful money of the United States shall have been secured by the commissioners provided for in this Act on account of subscriptions, then the said subscribers shall be and become a body corporate and politic, with continued succession under the name of the Merchants' and Farmers' Bank of Quitman, and by that name shall exercise corporate powers, and be competent to contract and be contracted with, to sue and be sued, plead and be impleaded in any court having jurisdiction in the subject-matter involved, and shall have power to take, receive, purchase and hold as security for or in payment of any loans or advances made on real, personal or mixed property, so far as may be necessary for the safe and convenient prosecution of the business of said bank as a bank of discount and deposit, and afterwards sell and convey such property, real, personal or mixed, and may execute and issue all such receipts, certificates, contracts, deeds and bills of sale or other instruments as may be necessary. And said bank shall have power to make and use, renew and alter at pleasure, a corporate seal, and do all

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acts and things necessary or proper to carry into effect the objects and purposes of this Act, and the business of said corporation not inconsistent with the laws of this State or of the United States. Organization. General powers. SEC. IV. Be it further enacted, That said corporation shall have power to receive money on deposit; to lend and borrow money, take and give therefor such securities as may be considered best; to purchase and discount notes and bills of exchange, stocks and bonds; to make advances on cotton and other agricultural products with liens thereon; to secure said advances by attaching bills of lading and otherwise, and to do all other acts it may deem advisable for the safe keeping and securing and profitable investments of its funds. Banking powers etc. SEC. V. Be it enacted, That the business and corporate powers of said bank shall be exercised by a board of not less than three nor more than seven directors, to be chosen as hereinafter provided, who shall elect from their number a president; may declare by-laws for their government, not inconsistent herewith, fix the number of said directors who shall be a quorum for the transaction of business the day of meeting of said board, and the salaries of its officers. Each of said directors shall be a citizen of the State, and be the owner in his own name, or as agent, of not less than five shares of said stock. Said board shall have power to elect a vice-president and cashier, and such other officers as the interest and business of said bank may require. Directors and officers. SEC. VI. Be it enacted, that the total liabilities of said bank of any person or any company, corporation or firm, including in the liabilities of the company or firm the liabilities of the several members thereof, shall at no time, nor by any construction or device, exceed one-tenth part of the amount of the capital stock of said bank paid in, but the discount of bills of exchange drawn in good faith and the discount of commercial paper actually owned by the party negotiating the same, and the loans payable on demand and securities convertible in the open market, shall not be considered as any portion of said liabilities, and no director, stockholder or officer of said bank shall, by virtue of such position or office, be entitled to or enjoy any advantage, preference or privilege in the use of the funds of said bank, which might not be otherwise extended to them. Limitation upon power to lend money, etc. SEC. VII. Be it further enacted, That the directors of said bank may semi-annually declare a dividend of so much of the net profits as they may judge expedient, after defraying its expenses and paying its debts; but before declaring such dividends

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they shall carry one-tenth of its net profits of the preceding half year to its surplus fund until the same shall amount to twenty-five per centum of its capital stock; but it shall not be lawful for them to create or accumulate a surplus of its profits exceeding one hundred per centum of their paid up capital, and in estimating the net profits of said bank no assets shall be accounted as solvent which are over six months past due and insecured and not in process of collection, and all such insolvent debts shall be charged off before such surplus is set aside or any dividend declared. Dividends and surplus. SEC. VIII. Be it further enacted, That the Board of Directors shall issue to each stockholder certificates of stock truly representing his or her interest and such stock shall be held bound to the company for any dues or other indebtedness by such stockholder who may be indebted to said bank, and no stockholder, who may be indebted to said bank as principal or security or indorser, shall, while so indebted, sell or transfer the stock held by him or her without the consent of the president and directors of said bank, and all sales and transfers of stock in said bank must, in order to be valid, be made on the registry and transfer books of the company by the owner of the stock or his lawfully appointed attorney in fact; and the Board of Directors may close the transfer of books, from time to time, as provided by their by-laws, as the convenience of the bank may require. Certificates of stock, etc. Transfers of stock. SEC. IX. Be it further enacted, That the persons named in the first section of this Act or any two of them, or their successors or assigns, shall be, and they are, hereby appointed commissioners to open books of subscription to the capital stock of said bank at such place and time and to keep them open for such length of time as they may deem proper, but for no less amount of subscription than fifty thousand dollars as heretofore provided. The directors of said bank shall be elected by a majority interest of the stockholders thereof, voting at said election under the inspection of said commissioners, at such place as they may designate, within ten days from the closing of the subscriptions called for by them, and on the first Tuesday in February in each and every year thereafter. No election shall be valid when a majority of the whole stock paid in is not represented, and in any election for directors and in all questions that may come before any convention of stockholders, each share of one hundred dollars shall entitle the owner to one vote. Vacancies occurring in the Board of Directors during the intervals of election, may be filled by said board; and it shall be the

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duty of said bank to prepare and lay before the stockholders thereof semi-annual statements of the business and condition of the bank, its assets and liabilities, and to make such returns to the Governor of the State as are now required by law to be made. Books of subscription. Election of directors. Votes of stockholders. Vacancies. Semi-annual statements and returns. SEC. X. Be it further enacted, That should there be no election of directors at any annual meeting as herein provided, the directors then in office shall continue until the next election, in which the majority of the stockholders shall be represented in person or by legal proxy, and until then successors are duly elected and enter upon the discharge of their duties. The minutes of the Board of Directors shall be kept in a book provided for that purpose and signed by the president, chairman, or secretary, and these minutes shall at all times be subject to the inspection of any stockholder. When directors not elected at annual meeting. Minutes. SEC. XI. Be it further enacted, That after twenty-five thousand dollars or more by installments have been paid in in lawful money of the United States, said company may organize, and elect directors and from its body elect a president, and when such organization shall have been perfected, such directors shall call in the balance of said subscription or stock in such installments as they may deem best for the institution. When twenty-five thousand dollars paid in company may organize, etc. SEC. XII. Be it further enacted, That in case any subscriber to the stock of the company shall fail or rfeuse to pay any of the assessments or calls for payment which may be made by the commissioners or Board of Directors within the time required as aforesaid, the Board of Directors may, at any time thereafter, proceed to enforce the payment of the entire indebtedness for such subscription to stock of such defaulting subscriber, by bringing suit therefor in the courts of the State, city, or county where said defaulting subscriber resides, or the said stock belonging to such delinquent may, be resolution of the Board of Directors, after thirty days' notice in writing to such delinquent subscriber, be forfeited; in which case the portion previously paid in shall be forfeited to the company, and the said company shall have the power to reissue said stock. Failure to pay for stock. SEC. XIII. Be it further enacted, That the cashier, who may also be a director, shall be elected by the Board of Directors, and shall give such bond in such sum as they may require. It shall be the duty of the cashier to keep safely all moneys, notes, bonds, bills or other property committed to his care, or shall come into his possession in the regular course of business, and he shall have power to bind the company by signing promissory notes, cheeks, receipts or certificates of deposit in conducting the business of the bank. Cashier.

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SEC. XIV. Be it further enacted, That if any money is ever deposited with this bank by any minor, either as an investment or otherwise, such money may be withdrawn by said minor without the consent of the parent or guardian of such minor, and his or her check, receipt or order, shall be binding on all others the same as if he or she was of full age. Deposits by minors. SEC. XV. Be it further enacted, That the company shall have a printed copy of this charter placed in a frame in their office, so that all persons may see the same who wish to transact business with them. Copy of charter to be exposed in office. SEC. XVI. Be it further enacted, That in all elections, stockholders may vote by proxy as by themselves; that a director, when he cannot attend the meeting of the directors, may empower another to vote for him on all questions that may come before said Board of Directors for action in his absence. Proxies. SEC. XVII. 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 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 and stockholders for debts of corporation. SEC. XVIII. Be it further enacted, That this Act shall take effect immediately upon its passage and shall continue in force for fifty years. Term of charter. SEC. XIX. Be it further enacted, That this 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 OF THE NEAL LOAN AND BANKING COMPANY. No. 132. An Act to amend an Act entitled an Act to incorporate the Neal Loan and Banking Company in the city of Atlanta, approved December 24th, 1886, so as to grant said corporation power to lend money on real or personal property, as it may see fit, at any rate of interest agreed upon not in excess of contract rates allowed by law; to include interest in evidence of debt for full time and collect by monthly or other installments without rebate; and in such cases to make laws of building and loan associations applicable; to authorize said corporation to secure its loans, advances or other debts by taking mortgages, deeds of trust, conveyances, pledges or other securities, and for other purposes. SECTION I. Be it enacted by the General Assembly, That the Act incorporating the Neal Loan and Banking Company, approved December 24, 1886, referred to above, be, and the same is, hereby amended, so that said Neal Loan and Banking Company shall have power to lend money on real or personal property or such other security as it may see fit, at any rate of interest agreed upon, not in excess of the highest contract rate allowed by law and for any time agreed on, and may charge interest for the full time and include the same in the note or notes or other evidences of debt given therefor, and collect the same by monthly or other installments, if the debtor shall so agree, without any rebate of interest thereon, and in such cases, the laws applicable to loans made by building and loan associations are hereby made applicable. Loans and interest. SEC. II. Be it further enacted, That said corporation shall have power to secure any and all loans, advances or other debts due or owing to it by taking mortgages, deeds of trust, conveyances, pledges or other securities, as it may see proper. May secure loans, etc., due it by mortgages, deeds of trust, etc. SEC. III. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 26, 1890.

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INCORPORATING THE AUGUSTA BANKING AND LOAN ASSOCIATION. No. 138. An Act to incorporate the Augusta Banking and Loan Association with power to do a banking business, act as agent, assignee, receiver, trustee, and for other purposes. SECTION I. Be it enacted by the General Assembly of Georgia, That Dean Newman, H. A. Norrell, Charles E. Coffin, Patrick Walsh, E. B. Hook, C. H. Oetgin, W. S. Gardner, Geo. R. Lombard, J. W. Preston, Charles W. Davis, Joe Smith, W. H. Fleming, their associates, successors and assigns be, and are, hereby created a body politic and corporate under the name and style of the Augusta Banking and Loan Association, and by such name said corporation shall have perpetual succession, and is empowered to sue and be sued, plead and be impleaded, contract and be contracted with; to have and use a common seal, and at pleasure to alter the same, and to do a general banking business; to ordain and establish such by-laws, rules and regulations, not inconsistent with law, as it shall deem proper; to receive, purchase, own, hold and use property of all descriptions; and the same to alien, convey, lease and mortgage, and otherwise dispose of; and to do each and every act requisite, necessary or expedient to accomplish the purpose of said corporation. Corporators. Corporate name and general powers. SEC. II. Be it further enacted, That said corporation may receive on deposit all sums of money which may be offered, and may lend and invest the same for its benefit at such times and on such terms as it shall see proper, which said sums shall be repaid to such depositors at such times, and with such interest, not exceeding the lawful rate, and under such regulations as the Board of Directors shall, from time to time, prescribe, or in such other manner as may be agreed upon, and if any money is deposited by any minor, such money may be withdrawn by the minor without the consent of his or her parent or guardian, and his or her check or receipt therefor shall be as binding, as though such minor was of full age. That such corporation shall have power to buy, sell, discount and collect bonds, stocks, notes, securities, bills and other choses in action; to lend money on real and personal property, or such other security as it may see fit (at any rate of interest agreed on, not in excess of the highest contract rate allowed by law, and for

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any time agreed on, and may charge interest for the full time and include the same in the note or notes or other evidences of debt given therefor, and collect the same by monthly or other installments, if the debtor shall so agree, without any rebate of interest thereon); and in such cases the laws applicable to loans made by building and loan associations are hereby made applicable; and to secure any and all such loans, advances or other debts due or owing to it, said corporation is authorized to take such mortgage, deed of trust or conveyance, pledge or other security, as it may see proper; provided, nevertheless , that no person, firm or corporation shall at any time be indebted to said corporation, either as maker, surety, indorser or otherwise in a sum greater than ten per centum of the capital stock thereof, nor shall any director or other officer of this association at any time, either as maker, surety, indorser or otherwise, become or be indebted to it in a sum greater than five per centum of its capital stock. Deposits on interest. Deposits by minors. Purchase, sale, etc., of bonds, stocks, etc. Loans and interest, etc. Limitation upon amount of loans, etc. SEC. III. Be it further enacted, That said corporation shall have the power and authority to accept and execute the office of agent, assignee, receiver or trustee of any kind, conferred by any person, corporation or court. It shall also have the power to act as fiscal agent for any State, person or corporation, public or private, and for such services it may charge and collect such a commission or compensation as may be agreed on. Corporation may be agent, receiver, trustee, etc. Fiscal agent. SEC. IV. Be it further enacted, That the principal office of such corporation shall be in the city of Augusta, Richmond county, Georgia. Office. SEC. V. Be it further enacted, That the capital stock of said corporation shall be one hundred thousand dollars, divided into 1,000 shares of one hundred dollars ($100) each, but the stockholders of said corporation may, from time to time, by a majority vote, increase the capital stock to any sum, not exceeding one million dollors, and the incorporators or any three of them are hereby authorized to open books of subscription for said stock, and as soon as one thousand shares shall be subscribed for and the sum of one thousand dollars paid in thereon, said corporators shall have the right to organize and commence business; provided , that no deposits shall be received by it till twelve installments or twenty-four thousand dollars ($24,000.00) have been paid in. The stock shall be paid for in monthly installments of not less than two dollars per share subscribed, or in such other ways as the directors may direct; provided , that any stockholder shall have the right to pay up his entire subscription at any time. Said corporation shall be responsible to its creditors

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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. If any installment or assessment on the stock of said corporation called for is not paid, when due, such stock shall be subject to forfeiture, sale or transfer, and the by-laws of said corporation shall provide for the manner of the same. Said stock shall be transferred only on the books of said corporation in person or by attorney duly authorized in writing, but no transfer or assignment of any stock shall be valid or operate to release it from the lien which is hereby given said corporation thereon for any and all indebtedness to it by the holder thereof till all such indebtedness is paid. Such lien may be enforced, as may be provided by the by-laws. Capital stock. When business may begin. Payments for stock. Liability of corporation and stockholders for debts of corporation. Failure to pay for stock. Transfer of stock, etc. SEC. VI. Be it further enacted, That the business and affairs of said corporation shall be managed by a Board of Directors and the officers elected by said board. The board shall consist of nine directors who shall be stockholders of said corporation, a majority of whom shall constitute a quorm, and they shall be chosen in accordance with the by-laws and shall hold their offices till their successors are elected and qualified. The officers of said corporation shall be a president, vice-president, treasurer or cashier, manager of agencies who shall be empowered to appoint his assistants, and secretary, and such other officers as may be hereafter created by the Board of Directors of said corporation, who shall be elected at such time and hold their respective offices for such term as may be fixed by the by-laws. Directors and officers. SEC. VII. Be it further enacted, That all laws and parts of laws in conflict with this Act are hereby repealed. Approved December 26, 1890.

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INCORPORATING THE CARROLLTON BANK. No. 160. An Act to incorporate Carrollton Bank, and for other purposes therein connected. 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. H. Stewart, W. J. Stewart, E. C. Stewart, J. T. Bradley, J. F. Asken, J. Kingsberry, C. S. Kingsbery, E. Kingsbery, J. A. Rhudy, W. O. Perry, B. A. Sharp, F. M. Butler, R. N. Asken, John Bomer, L. F. Sewell, W. H. Shaw, J. P. Coleman, J. W. Buskin, Dr. Tilman, G. F. Cheney, J. B. E. Brown, W. A. Coleman, H. N. Stipe, L. H. Zachry, R. Houseworth, J. K. Roop, and such other persons as may be associated with them, and their successors and assigns be, and they are, hereby constituted a body politic and corporate, with continued succession under the name of Carrollton Bank, to be located at Carrollton, Georgia, and by such name shall have the power to sue and be sued, plead and be impleaded; to make, use and at pleasure alter a common seal; to make and establish such by-laws and regulations, not inconsistent with the laws of this State nor of the United States, for the government of said bank and its incorporators, as it may deem proper; to contract and be contracted with; to receive, purchase, own, hold and use property of all descriptions, real, personal and mixed, and the same to alien, convey, lease, mortgage and otherwise dispose of, and to receive the rents, incomes and profits thereof. Corporators. Corporate name and general powers. SEC. II. Be it further enacted, That said corporation shall have power to do and transact a general banking business; to receive deposits of money without liability for interest, unless agreed upon; it may issue certificates of deposit for money and pay such interest as may be agreed upon, under such lawful rules and regulations as said corporation may establish; to make loans and discounts, either of its own or its depositor's funds; to obtain and procure loans of money for any person, company, partnership or corporation, and to charge for such service such commission as may be agreed upon between the borrower and said company; provided , nothing herein contained shall authorize a violation of the usury laws of this State; to borrow and lend money on its own account, and to execute and take securities by way of pledge, mortgage or

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other conveyance or lien; to secure or collect any loan, or the interest thereon, negotiated or effected by it; to receive and keep on deposit all valuables, such as gold, silver or paper money, or any other thing or article of value whatever, and to charge such commission or compensation therefor as may be agreed upon; to become surety on individual and official bonds; to examine and report on titles to land, and to guarantee the same; to take, accept and hold any property, real or personal, that may be conveyed to it by its consent, by any person, corporation or the courts, in trust, and to execute such trust according to the terms thereof and the laws of this State; to accept and hold the office of assignee or receiver, administrator, executor or guardian of any estate or estates, when such appointment or appointments may be made by any person or persons, or by any court of this or any other State or of the United States; and in all cases whenever application may be made to any court for the appointment of a receiver, trustee, administrator, executor or guardian of any person or estate, it shall be lawful for such court, in its discretion, to appoint said Carrollton Bank, with the consent of the Board of Directors thereof, to such office. Banking powers, etc. May act as assignee, executor, administrator, etc. SEC. III. Be it further enacted, That whenever, said bank may be invested with any trust or trust estate, and shall accept the same, either as trustee, assignee, receiver, administrator, executor or otherwise, such trusts shall in all respects be administered in accordance with the laws of this State; and the compensation to be received by said bank shall be that provided by law. Said bank, as such officer, shall be subject to all orders and decrees that may be legally rendered by the courts of this State. The accounts of such estates shall be separately kept and regular returns thereof made, as administrators, executors and others are required to make; and for this purpose the Board of Directors of said bank may authorize the president or other officer thereof to make such returns. Administration of trusts. Compensation. Subject to orders and decrees of courts. Accounts and returns as administrator, etc. SEC. IV. Be it further enacted, That the capital stock of said bank shall be fifty thousand dollars, with the privilege of increasing the same to any amount not exceeding two hundred thousand dollars, said stock to be divided into shares of one hundred dollars each, and when said fifty thousand dollars has been subscribed and fifty per cent. of the same actually paid in, the stockholders shall have the right to organize for the transaction of business under this Act. Capital stock. Organization. SEC. V. Be it further enacted, That immediately after the passage of this Act the five persons first named herein may

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open books of subscription to the capital stock of said bank, and as soon as the requisite amount thereof has been paid to said persons named, who are hereby authorized to receive said subscriptions, they may call a meeting of all the persons who have subscribed to said capital stock, to assemble at such time and place as may be designated in a written or printed notice to be sent each subscribed; at which time and place an election may be held for a Board of Directors of not less than seven nor more than fifteen, as may be agreed upon by said stock holders; said Board of Directors shall be elected by a majority in interest of the stockholders present at said election each share of stock to represent one vote. At such elections, and in all elections for directors of said bank, executors and administrators shall be entitled to control the votes to which the testator or intestate would be entitled, and the stock of minors may be represented by guardians; said directors shall hold their office for one year, and until their successors are elected and qualified. Any five of said Board of Directors shall constitute a quorum for the transaction of business. Said board shall fill all the vacancies caused by death or otherwise, and the persons elected to fill such vacancies shall hold their offices until the next election of a Board of Directors by said stockholders. Books of subscription. First election of directors. Votes of stockholders. Terms and quorum of directors. Vacancies. SEC. VI. Be it further enacted, That the corporate powers of said bank shall be vested in said Board of Directors chosen and elected annually. The said Board of Directors shall elect a president, vice-president and such other officers as they may deem necessary to the business of said bank; fix their compensation, and may prescribe the duties and liability of such officers, and may make and alter all by-laws and regulations for the government of said bank, and the management of its affairs and do and perform such things as may be delegated to them by the laws of said corporation. Officers. By-laws, etc. SEC. VII. Be it further enacted, That said Board of Directors may prescribe and regulate the manner in which the stock or certificates of stock may be transferred; provided , that no stock shall be transferred except on the books of said bank, but no transfer on assignment shall be valid or operate to release the owner thereof from any liability or debt to the bank until the same has been paid, and said bank shall have a lien on said stock until such liability or debt has been paid. Transfers of stock. SEC. VIII. 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

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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. The franchises and privileges conferred by this Act shall continue in force for the term of thirty years from the date of its passage, with the privilege of renewal at the expiration of said period. Liability of corporation and stockholders for debts of corporation. Term of charter. SEC. IX. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 26, 1890. INCORPORATING THE BANK OF OGLETHORPE. No. 173. An Act to incorporate the Bank of Oglethorpe at Oglethorpe, Georgia, and for other purposes. SECTION I. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That D. Kelsoe, C. R. Keen, W. H. Fish, S. T. Topley, D. T. Coogle, W. L. English, C. A. Greer, W. C. Johnson, Mrs. M. T. Kelsoe, George L. Keen, E. A. Shealy, S. M. McCrory, J. A. Phillips, J. R. Williams, A. N. English, Leslie Fields, J. B. Murray, I. L. Bleckley, J. M. Williams, M. L. Shealy, W. K. Hall, J. W. Haygood, W. M. Meadows, R. A. Smith, I. N. English, Mrs. L. A. Greer, and such other persons as may hereafter be associated with them, and their successors and assigns, shall be, and they are, hereby created a body politic and corporate by and under the name and style of the Bank of Oglethorpe, of Oglethorge, Macon county, Georgia, for the term of thirty years, and may sue and be sued, plead and be impleaded, defend and be defended in any court whatever; shall have and use a common seal, and have such powers as are herein set forth. Corporators. Corporate name and general powers.

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SEC. II. Be it further enacted, That the capital stock of said bank shall be twenty-five thousand dollars, divided into sharee of one hundred dollars each, with power to said bank to increase its aforesaid capital stock to any amount not exceeding one hundred thousand dollars; that as soon as one hundred shares shall be subscribed for, and the sum of two thousand paid in on said stock, the incorporation shall have the right to organize and transact business. Capital stock. SEC. III. Be it further enacted, That the capital stock shall be paid in installments in such sums and at such times as may be determined and ordered by the Board of Directors, but it may be competent for any one or more of the subscribers to said capital stock, by the consent of the Board of Directors, to pay up the whole amount of his or their subscription at any time or in one payment; that in case any subscriber to the stock of the said bank shall fail or refuse to pay any of the assessments or calls for payments which may be made by the Board of Directors, at any time thereafter proceed to enforce the payment of the entire amount of indebtedness for subscription to stock of such defaulting subscriber by bringing suit therefor in any court of competent jurisdiction, or the said stock belonging to such delinquent may, by resolution of the Board of Directors, be sold at public outcry in front of the place of business of said bank after ten days' advertisement in as many as three public places in the town of Oglethorpe, or in any newspaper published in said town, in which case the portion previously paid in shall be forfeited to the bank, and said delinquent shall remain liable for any balance due, or which may become due by him or her to said bank, and may be sued therefor in any court having jurisdiction. Payments for stock. Failure to pay. SEC. IV. Be it further enacted, That the stock shall be transferred only on the books of said bank, either in person or by power of attorney, and no stockholder shall transfer his stock, except by consent of the officers of said bank, if he is indebted to the bank as principal, security or otherwise, until such indebtedness is paid off and discharged, and for all such indebtedness the bank shall have a lien of the highest dignity upon the stock of such stockholder. Stock transfers. SEC. V. Be it further enacted, That the corporate powers of said bank shall be vested in and exercised by a Board of Directors, consisting of not less than five persons, to be chosen by a majority in interest of the stockholders voting at an election for that purpose, each share of stock to represent one vote; and said directors shall hold their office for one year from date of their election, and until their successors are elected and qualified. A majority of said board shall constitute a quorum for the transaction of all business devolving upon the same. Said board shall fill all vacancies occurring in its body by death, resignation or otherwise, and the persons elected to fill such vacancies shall hold their offices until the next annual meeting of the stockholders. Directors. SEC. VI. Be it further enacted, The Board of Directors shall have power, from time to time, to make, ordain and establish such by-laws and regulations as they shall judge proper for the election

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of officers, for prescribing their duties and the mode of discharging the same, the manner of transferring its property, of conducting its general business, of exercising and enjoying the priviliges granted to it by law; provided , such by-laws and regulations shall not be repugnant to the Constitution and laws of this State, or of the United States. By-laws, etc. SEC. VII. Be it further enacted, That said bank shall have power to receive deposits of money, to purchase and sell bonds, stocks, bills of exchange, coin and bullion, to discount and negotiate promissory notes, drafts, bills of exchange and other evidences of debt, to lend money, and to loan and advance moneys, securities and credits on mortgages, on real and personal property of any and all kinds, and the said bank shall have power to take and hold as security for, and in payment of any loans or advances made, mortgages or other instruments or obligations upon any and all kinds of property whatever, either real or personal, and shall have power to purchase; hold, sell, exchange and convey bonds or other property of any nature, and may execute and issue all such receipts, certificates, contracts or other instruments as may be necessary to the transaction of its business. Banking powers, etc. SEC. VIII. Be it further enacted by the authorities 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 and stockholders for debts of corporation. SEC. IX. Be it further enacted, That the parties named in the first section of this Act, their successors and asssgns shall, and they are hereby appointed commissioners to open books of subscription for the capital stock of said bank at such time and place and for such amounts as they shall deem proper. The directors of said bank shall be elected by a majority, in interest of the stockholders of said bank voting at said election, under the inspection of said commissioners at such place as they may designate within three days from the closing of the subscription called for by them. Books of subscription. First election of directors. SEC. X. Be it enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 27, 1890.

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AMENDING CHARTER OF THE EXCHANGE BANK OF MACON. No. 174. An Act to renew and extend the charter of the Exchange Bank of Macon, as incorporated by an Act entitled an Act to incorporate the Exchange Bank of Macon, approved December 12th, 1872, and the several Acts amendatory thereof, approved February 28th, 1877, and September 21st, 1887; to grant additional corporate powers, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That the charter of the Exchange Bank of Macon, granted by the Act entitled an Act to incorporate the Exchange Bank of Macon, approved December 12th, 1872, and the several amendatory Acts approved February 28th, 1877, and September 21st, 1887, be, and the same is, hereby renewed and extended for the term of twenty-five years, to be fully completed from the date of the passage of this Act. Charter extended. SEC. II. Be it further enacted, That the capital stock of said bank shall be five hundred thousand dollars, with the privilege at any time, by resolution of the Board of Directors, of increasing the same to one million dollars; said stock to be divided into shares of one hundred dollars each. Capital stock. SEC. III. Be it further enacted, That said Exchange Bank of Macon by this name shall have power to sue and to be sued; to have and use a common seal; to make and alter such by-laws as they may deem necessary for the business; to hold such real and personal property as may be conveyed to said bank in payment or satisfaction of any debt which may be due to them or as may be mortgaged or pledged to said bank; to secure any debt which may be due to them; to receive deposits of money or other valuables and issue certificates therefor; to loan and borrow money; to discount, buy, sell, hold and enjoy bills of exchange, promissory notes, bonds, shares of stock and securities generally; also to do a general banking and exchange business; to buy and sell such property as may be to the interest of said corporation in conducting said business; and for these purposes to receive and execute such receipts, contracts and other instruments of writing as may be necessary. General powers. Banking powers, etc. SEC. IV. Be it further enacted, That the corporate powers of said bank shall be exercised by a Board of Directors of not more than fifteen nor less than five persons, who shall elect from their number a president and a vice-president, and also a cashier not of their number. Said directors shall be elected by the stockholders on the first Tuesday in January of each year (or within twenty days thereafter, by giving ten days' notice in some public gazette of the city of Macon), and said directors shall continue in office until their successors are elected and qualified. A majority of said directors shall have power to act at all meetings, and shall fill any vacancy

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that may occur in the board. Each stockholder shall vote in person or by proxy, under written power of attorney, and be entitled to one vote for every share of stock he may hold, but no stock shall be voted which may be in arrears for installments, fines or other dues until such arrears are paid up in full. Directors and officers. Vote of stockholders. SEC. V. Be it further enacted, That the minutes of the proceedings of the Board of Directors shall be kept in a book provided for that purpose and shall be signed by the president and secretary, and the same shall be at all times subject to the inspection of any stockholder. Each stockholder shall be entitled to a certificate of stock when fully paid up, which may be transferred at any time by the stockholder signing such transfer, by himself or attorney in fact, in a book to be kept for that purpose. Minutes. Certificates and transfers of stock. SEC. VI. Dividends of the net profits of the business of said bank shall, in the discretion and judgment of the directors, be declared to the stockholders according to the number of shares of stock in said bank held by each, on the first Monday in January and July of each year. At the same time the Board of Directors shall make and publish statements of all the debts, liabilities and assets whatever of said bank, which statement shall be verified by the oath of the cashier made before any officer authorized to administer an oath. Such statement shall be recorded in a book kept for the purpose for future reference. Dividends. Statements of condition. SEC. VII. Be it further enacted, That upon the increase of the capital stock of said bank as herein provided, the subscription to the same shall be due and payable in such amounts and at such times as shall be determined by the Board of Directors. Payments for increase of stock. SEC. VIII. Be it further enacted, That the vice-president of said bank shall act as president during the absence or disability of the president, or when temporarily or for a stated term placed in charge of the business of said bank by the president. Vice-president. SEC. IX. 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 individuall 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, thore shall be an individual liability upon such stockholder 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 and stockholders for debts of corporation. SEC. X. Be it further enacted, That all the laws in conflict with this Act be, and the same are, hereby repealed. Approved December 27, 1890.

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INCORPORATING THE ATLANTA INVESTMENT AND BANKING COMPANY. No. 177. An Act to incorporate the Atlanta Investment and Banking Company, to define its powers, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That H. L. [Illegible Text] A. M. Shomo and James Mayson of said State, and their associates and successors, are hereby constituted and declared to be a body corporate and politic, under the name of Atlanta Investment and Banking Company, of Atlanta, Georgia, and by such name said corporation shall have perpetual succession, with power, under this name, to sue and be sued, to have and use a common seal, to make, alter and amend by-laws for its government, not inconsistent with the laws of the United States or of this State. Corporators. Corporate name and general powers. SEC. II. Be it further enacted, That the capital stock of said company shall be fifty thousand dollars ($50,000), divided into shares of one hundred dollars ($100) each, with the privilege of increasing said capital stock to any amount not exceeding five hundred thousand dollars, by a majority vote of the stock present or represented at any of the meetings called for this purpose. The incorporators herein named, or a majority of them, or their successors and assigns, are hereby authorized to open books of subscription for said stock, and to organize and begin business when said stock shall have been subscribed for and the sum of five thousand dollars paid in. 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. If any installment or assessment on the stock of said corporation is not paid when due, such stock shall be subject to forfeiture, sale or transfer, and the by-laws of said corporation shall provide for the manner of same. Said stock, held by any one, shall be transferred only on the books of said corporation, either in person or by power of attorney, and no stockholder shall transfer his

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stock except by consent of the directors of said corporation, if he is indebted to said corporation as principal, security or otherwise, until said indebtedness is paid off and discharged, and for all such indebtedness said corporation shall have a lien superior to all other liens upon the stock of said corporation. Capital stock. Books of subscription. When business may begin. Liability of corporation and stockholders for debts of corporation. Failure to pay for stock. Transfers of stock. SEC. III. Be it further enacted, That said company shall have the right to do a general banking business, to receive deposits, make loans and discounts, buy and sell exchange, and to lend its own or its depositors' funds; to buy and sell, discount and collect promissory notes, bills of exchange, claims or rents; to discount, buy, sell or acquire stocks, bonds and securities generally; to loan money on real estate or personal property, at any rate of interest that may be agreed on in writing, not exceeding the rate allowed by law, and for any time agreed on, and may charge interest for the full time and include the same in the note or notes or other security given therefor, and collect the same by monthly or other installments, without any rebate of interest thereon, if the debtor shall so agree, and in such cases the laws applicable to loans made by building and loan associations are hereby made applicable; to obtain and procure loans of money for any persons, company, partnership or corporation, and to do all things necessary and desirable or incidental towards mediating between borrower and lender, either with or without guarantee, indorsement or liability on the part of said company, and to charge for service such a commission as may be agreed upon between the borrower and said company; to invest its own or money of others, and to carry on a business of guarantee and fidelity insurance; to guarantee or insure the title to any real estate or personal property (except fire and life insurance); to guarantee the payment of any bonds, notes, mortgages or other evidences of debt, whether the same be loans negotiated by said company or others. Banking powers, etc. SEC. IV. Be it further enacted, That said corporation shall have the power to acquire any property, real or personal, in satisfaction of any debt to said corporation, or which may have been mortgaged under or conveyed to it for moneys which were owing to it or advanced by it, and to hold, control or dispose of the same as in the opinion of the Board of Directors may be for the best interest for said corporation; to buy, sell or own and deal in real estate on such terms as may be agreed on, deal in precious metals, foreign or domestic exchange, collect rents, discount, buy, sell or loan money upon stocks, bonds and securities generally; to act as agent for the investment of money, for persons or firms or corporations, with or without guaranteeing the payment of same; to act as agent for the procurement of loans of money on real or personal security or otherwise for any person, firm or corporation; for all such acts to charge such compensation as may be agreed upon or fixed by law. May acquire realty or personalty for debts, etc. May deal in realty, metals, exchange, etc. Agent for procuring loans. SEC. V. Be it further enacted, That said company may subscribe to, purchase, acquire or lend money upon any stocks, shares, notes, bonds, debentures or other securities of any government, State, municipality, corporation, company, partnership or person, to hold, deal in or sell the same; to distribute the same among the stockholders;

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to negotiate or place in behalf of the corporations, companies, partnerships or persons all or any of their shares, stocks, debentures, notes, mortgages or other securities, without guarantee or collateral obligation by this company, and to sell any of the property, real or personal, or any interest therein acquired by it, to any other corporation for any portion of its bonds, securities or obligations, as may be agreed thereon. May acquire stock etc., in other corporations, etc. SEC. VI. Be it further enacted, That said company shall have the right to act as agent, factor or trustee for any State, county, town, municipality, corporation, company or individual, on such terms as to agency and commission as may be agreed on, in registering, selling, countersigning, collecting, acquiring, holding, dealing and disposing of, on account of such State, county, town, municipality, corporation, company or person, bonds, certificates of stock, debentures or any description of property, real or personal; or for guaranteeing such bonds, certificates of stock, debentures and generally for managing such business, may charge such premiums, commissions or rate of compensation as may be agreed upon, in and for any of the matters and things authorized by this charter; that said corporation shall have the power to receive money in trust and shall have power to accept and execute any trust that may be committed to it by any court, company or person; to accept any grant, assignment, transfer, devise or bequest, and to hold any real or personal estate or trust created in accordance with the laws of said State, and then to execute the same on such terms as may be established and agreed upon by its Board of Directors; and said corporation is hereby fully authorized and empowered to act as trustee or assignee, to receive or deposit all funds in litigation in the various courts, and pay therefor such interest as may be agreed upon not exceeding the lawful rate. It shall have power and authority to receive for safe keeping or deposit all moneys, stocks, bonds, diamonds, silver plate or other valuables, and charge and collect a reasonable compensation for the same, which said charge shall be a first lien on said deposit until paid, and generally to do and carry on the business of a safety deposit and trust company. May be agent, trustee for registering etc., bonds, etc. May execute trusts, etc. Safety deposits. SEC. VII. Be it further enacted, That said corporation may receive on deposit all sums of money which may be offered, which may be invested in such sums, at such times and on such terms as the Board of Directors may agree upon, and which shall be repaid to such depositors at such time and with such interest, not exceeding the lawful rate, and under such regulations as may be fixed by said board. If money is deposited by any minor, either as investment or otherwise, said money may be withdrawn without the consent of parent or guardian, and his or her check or receipt therefor shall be as binding upon such minor as if he or she were of full age. Interest on deposits. Deposits by minors. SEC. VIII. Be it further enacted, That said corporation, after $20,000 shall have been paid in on its capital stock, shall have the power to accept and execute the office and appointment of executor of the last will and testament of any person and guardian; and the Ordinaries of this State are authorized to grant letters testamentary

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to said corporation, when it is appointed as executor of any will; said corporation shall have the power to accept and execute the office of agent, assignee, receiver or trustee of every kind whatsoever, whether the said office or appointment shall be conferred by any person or persons, or by any corporation, public or private, or by any court, either United States or of the State. The capital stock, assets and property of this corporation shall be liable for the faithful management of the trusts as confided to its care as executor, guardian or trustee, agent, assignee or receiver, as aforesaid; provided , said corporation shall have the power to act as administrator of any deceased person's estate on the same terms and conditions as natural persons. May be executor, guardian, etc. SEC. IX. Be it further enacted, That said company shall have the right to make, issue and sell its own general or special debentures, bonds or other obligations upon such terms and in such amounts as may be deemed advisable, based on the security of property owned or held by said company, and secured by such trust deeds, mortgages or other conveyances, general or special, as may be necessary; to invest or lend the proceeds of such bonds in or upon real estate or personal property; to apply the same to the redemption of prior bonds; to buy, sell, own, rent, lease or deal in any real or personal property; to improve any real estate owned by it by erecting buildings, machinery or other appliances for increasing the value thereof, and to do all other things necessary and lawful to render the property of said company remunerative and profitable. Said bonds may bear any rate of interest not prohibited by the laws of the State in which the property on which they are based is situated; and said company may limit its liability upon its own, or the bonds or obligations of any other corporation, partnership, company or individual, indorsed or guaranteed by it, by express stipulation on the face or in the indorsement or guaranty thereof. May issue debentures etc. SEC. X. Be it further enacted, That a board of not less than five directors, nor more than nine directors, shall be elected and qualified, the number of directors to be determined by the by-laws of said company. A majority of the Board of Directors shall constitute a quorum for the transaction of business. Said Board of Directors shall have the power generally to manage and appoint all such officers as they may deem necessary, fix their compensation and powers, and perform such things as shall be delegated to them by the by-laws of said company. Directors. 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.

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INCORPORATING THE BANK OF SUMTER. No. 178. An Act to incorporate the Bank of Sumter, to grant it general banking powers and privileges, with the right at any time to establish a savings department, 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 T. N. Hawkes, O. G. Coleman, W. C. Furlow, B. H. Jossey, Arthur Rylander, E. T. Mathis, C. C. Hawkins, W. C. Wheatley, H. M. Brown, R. S. Oliver and W. M. Hawkes and their associates, now doing business as a private banking company, under the name of the Bank of Sumter, in the city of Americus, and their successors and assigns, are hereby created a body politic and corporate for the term of thirty years, under the name and style of the Bank of Sumter and by said corporate name shall be competent to sue and be sued, plead and be impleaded in any court having jurisdiction over the subject matter involved; to receive, purchase, own, hold and use property of all descriptions, including stocks in other corporations, and to alien, convey, lease or mortgage, or other dispose of the same, in any manner that a natural person might dispose of similar property. Said corporation shall have power to make, use and alter at pleasure a corporate seal, and to make and alter at pleasure by-laws, not inconsistent with this Act or the laws of the land; and to do all acts and things necessary and proper to carry into effect the objects of this Act, and to exercise in general all the powers incident to corporations and necessary and proper for the transaction of the business for which it is incorporated. The said corporation shall be located in Americus, in this State. Corporators. Corporate name and general powers. SEC. II. Be it further enacted, That the capital stock of this corporation shall be one hundred thousand dollars ($100,000.00), to be divided into shares of one hundred dollars ($100) each, but it shall have power, after said stock shall have been paid up, to increase its said capital stock, from time to time, to any sum not to exceed two hundred thousand dollars ($200,000), whenever it shall be deemed best by the stockholders, in meeting assembled, so to do, two-thirds of the value of the entire stock being voted in favor of said increase before the same can be effected. Said corporation is hereby authorized to commence and transact business under this charter, whenever the sum of fifty thousand dollars ($50,000) has been subscribed to and paid in to its capital stock; and all subscriptions heretofore made to, and all sums of money paid on, subscription to the capital stock of said private banking company shall be taken, received and held to be subscriptions to, and money paid on, the capital stock of the Bank of Sumter, incorporated by this charter, whenever the stockholders in said private banking company shall

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have accepted this charter, in a meeting called for that purpose, and for the purposes designated in section 9, by the persons authorized in said section to call a meeting of the stockholders; and then all the assets, property, obligations to, and evidence of, indebtedness belonging to said private banking company, shall become the right and property of the Bank of Sumter incorporated by this charter, and in said corporate name it may sue for, collect and enforce all such obligations or evidences of indebtedness to said private banking company. Capital stock. Beginning business, etc. Acceptance of charter, etc. SEC. III. Be it further enacted, That the corporate powers of this corporation shall be vested in and controlled by a Board of Directors, of not less than seven (7), nor more than thirteen (13), and said board shall be elected by a majority vote of the stockholders of said bank who are present at the meeting held for that purpose, there being one vote for every share of stock standing in the name of the person for whom, or by whom, it is offered to be voted, on the books of said corporation. Stock may be voted either in person or by written proxy. A majority of the stock shall be necessary to constitute a quorum at all stockholders' meetings. Said Board of Directors shall have power to fill all vacancies that may occur in that body; they shall elect from their own number a president and vice-president. They shall elect a cashier, and shall have power to appoint such other officers, clerks or agents as they may deem necessary or proper; to fix the compensation of all officers, clerks or agents elected or appointed by them; to require bonds for the faithful discharge of duty from any one or more of them; to define their duty, and to remove or discharge them when thought necessary or proper. Said Board of Directors shall also have power to make by-laws for the management of the affairs and business of said corporation, to declare and order dividends out of the net earnings, to create a proper surplus fund, and to do all things necessary for the protection and promotion of the interests of said bank; to provide how and in what manner certificates of stock shall he transferred. Said board shall have authority to fix or designate the number of its members necessary to constitute a quorum for the transaction of business. The members of the Board of Directors shall serve for one year and until their successors are elected, except those elected by the board to fill unexpired terms, who shall hold office until such term expires. No one shall be eligible as a director who shall not own at least three shares of the capital stock said company in his own right. Directors. Votes of stockholders. Vacancies. Cashier and officers etc. By-laws. Dividends and surplus. Certificates of stock. Quorum and term of directors etc. SEC. IV. Be it further enacted, That the principal place of business of said corporation shall be Americus, Georgia, but it may establish branches or agencies at other places in said State or elsewhere, and delegate to them such powers as may be necessary for such business or agencies. Principal and branch offices. SEC. V. Be it further enacted, That the annual meeting or convention of the stockholders shall be held at such time and under such conditions and circumstances, as may be fixed by the by-laws of the corporation, but no act of any such convention or meeting

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shall be valid unless a majority of the stock is represented at such meeting or convention. Annual meetings of stockholders. SEC. VI. Be it further enacted, That said bank shall have power and authority to receive money on deposit, with or without paying interest thereon, no interest being paid on deposits except by special contract or agreement in writing; to issue certificates of deposit upon any terms agreed upon; to lend and borrow money, and to take and give therefor such securities as may be deemed best; to make advances upon real or personal property or both; to invest its funds in such manner and upon such terms as it may deem best; to deal in precious metals, foreign and domestic exchange; to buy, sell, discount or collect promissory notes, bills of exchange, bills of lading, contracts, claims, warehouse receipts or other receipts, judgments, executions, rents, choses-in-action of any kind whatever, mortgages, bonds, stocks, securities and evidences of debt generally; to receive valuables and other articles of personal property of any sort or kind, deeds, securities and other evidences of debt, or choses-in-action on deposit for safe keeping from any person or persons, and from executors, administrators, guardians, receivers, trustees or other corporations, domestic or foreign, either public or private, public and private officers, and to charge and receive for such service such sums of money as may be agreed upon; to buy, sell, rent, improve, mortgage, lease, manage, or otherwise to have, hold, use, operate or control any personal property or real estate, for its own use, or obtained in settlement of any debt due it in this or any other State or Territory of the United States. Banking powers, etc. SEC. VII. Be it further enacted, That said corporation shall have power and authority to accept and execute the office of agent, receiver, assignee or trustee of any kind, whether conferred on it by any person, firm, corporation or court of this State, or of the United States. It shall also have the power to act as the fiscal agent of the State of Georgia, or of any other State, county, town, city or corporation or individual in receiving or disbursing money or other property, or for issuing, rsgistering and countersigning bonds, certificates of stock or other obligations, or for negotiating the sale of securities, bonds or other evidences of indebtedness, and for all or any of such services it may charge and receive such commissions and fees as may be agreed upon. May act as trustee, etc. Fiscal agent. SEC. VIII. Be it further enacted, That married women and minors shall be competent to make deposits with this corporation, of money or other valuables, and their checks or receipts for the same shall be a sufficient discharge of this corporation, and any contract made by them with this corporation as to said deposits shall be valid and binding in law. Such deposits shall not be subject to the claims, control, or debts of the husbands of such married women, or of the parents or guardians of such minors. Deposits by married women and minors. SEC. IX. Be it further enacted, That at any time within sixty days of the approval of this Act by the Governor, the persons designated by name in the first section of this Act, or any two or more of them, may call a meeting of the stockholders, to be held at such

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time and place as may be designated in said call, of which they shall give notice, either personally, by mail or by publication in some newspaper published in the city of Americus, ten days before said meeting, at which meeting or convention of stockholders, a board of not less than seven (7) nor more than thirteen (13) directors shall be elected, to serve for such time as said meeting or convention may determine; after which first election of directors, all elections of directors by the stockholders shall be for the term of one year, as elsewhere provided in this Act. Organization. SEC. X. Be it further enacted, That the Bank of Sumter shall have the right, at its pleasure, to open a savings department, in which to receive savings on deposit, said deposits being received, held, controlled and managed under such terms, conditions, requirements and regulations as may be prescribed by the Board of Directors for these kind of deposits. Savings department. SEC. XI. Be it further enacted, That all subscriptions to the capital stock shall be binding upon the subscribers and upon their heirs, assigns and legal representatives, and shall be payable in such installments, and at such times and places as the directors may require; and if any stockholder or subscriber shall fail to pay any such installment in thirty (30) days after the same is due, his stock shall be in default and may be sold to the highest bidder for cash on the first Tuesday in any month after the expiration of said thirty (30) days, before the bank office door of said corporation, in the city of Americus, during the legal hours of sale or otherwise, upon such notice and advertisement as may be deemed best by the Board of Directors. Said stock may be bought in by and for said bank and reissued to some other person or persons, upon his, her, or their paying the value of the same, including unpaid installments. The delinquent subscriber or stockholder shall receive the surplus, if any, over and above the expenses incident to said sale, including attorney's fees, if any, and any deficiency in the sum received at said sale necessary to make the amount due on said stock, and all of said expenses shall be chargeable to and may be recovered out of said delinquent subscriber or stockholder. Stock subscriptions, etc. SEC. XII. Be it further enacted, That the stock held by any person or party shall be transferred only on the books of said bank, either in person or by power of attorney, and no stockholder shall transfer his stock without the consent of the directors of said bank if he is indebted to said corporation as principal, surety or otherwise, until such indebtedness is paid off and discharged, and for all such indebtedness said corporation shall have a lien superior to all other liens, except for taxes, upon the stock of such stockholder. Transfers of stock. SEC. XIII. Be it further enacted, That the total liabilities to said bank of any person, company, corporation or firm, including in the liabilities of a company (not a corporation) or firm the liabilities of the several members thereof, shall at no time exceed one-tenth part of the amount of the paid up capital stock of said bank except by the consent of three-fourths of the directors constituting the board, said consent to be evidenced by a resolution of the board to that

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effect; but the discount of bills of exchange, drawn in good faith, and the discount of commercial paper actually owned by the person negotiating the same shall not be considered as borrowed money in this connection. Limitation upon power to lend money, etc. SEC. XIV. Be it further enacted, That said corporation shall have power and authority to receive deposits of money for investment purposes on such lawful terms as may be agreed upon; to issue certificates or receipts therefor; to negotiate, buy or sell for others stocks, bonds, bills of exchange, promissory notes, rents, mortgages, deeds, choses in action, securities of all kinds, real and personal property, and receive for such services such sums as may be agreed upon; to make or negotiate loans for others, for any length of time, upon real or personal property, or both, in any State or territory of the United States, and to secure the same by mortgages, deeds, deeds of trust or otherwise, and, if it should see fit to do so, to guarantee the payment of the principal and interest of such loans; and for all such loans it shall have power and authority to charge and collect therefor, for expenses incurred and services rendered or procured to be rendered in examining the property offered or accepted as security, and in making investigation of and abstracts of the title thereto, and for reporting on the property offered as security and for procuring, negotiating, making or guaranteeing the payment of such loans, such sums, in addition to the legal interest, as may be agreed upon between the borrower and said bank. Deposits on interest, etc. Negotiation etc., of loans for officers, etc. SEC. XV. Be it further enacted, That said corporation shall be responsible to its creditors to the extent of its property and assets, and the stockholders thereof shall be individually liable, equally and ratably, and not one for another, as sureties to the creditors of said corporation for the debts of said corporation to the extent of the par value of their stock therein respectively at the time the debt was created. Liability of corporation and stockholders for debts of corporation. SEC. XVI. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and they are, hereby repealed. Approved December 27, 1890. CONFERRING BANKING POWERS ON THE SUMTER COUNTY ALLIANCE CO-OPERATIVE ASSOCIATION. No. 181. An Act to confer banking powers and privileges upon the Sumter County Alliance Co-operative Association, a corporation chartered under the laws of Georgia, by an order from the Superior Court of Sumter county, Georgia. Whereas, On the 25th day of February, 1889, a charter was duly granted by the Superior Court of Sumter county, Georgia, incorporating

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the Sumter County Alliance Co-operative Association, conferring upon said corporation certain powers; and Preamble. Whereas, Said corporation so chartered is now duly organized and conducting business under its charter granted as aforesaid; and Whereas, Said corporation desires to engage in the banking business, SECTION I. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by authority of the same, That from and after the passage of this Act, the Sumter County Alliance Co-operative Association, a corporation now existing under the laws of Georgia, in addition to the powers heretofore granted it by its charter procured from the Superior Court of Sumter county, Georgia, shall have and enjoy the following powers, to-wit: The power and authority to receive money on deposit and to issue certificates of deposit on any terms agreed on; to loan and borrow money, and to take and give therefor such securities as may be considered best; to make advances or loans on real or personal property or both; to invest its funds in such manner and upon such terms as it may deem best; to receive valuables or other articles of personal property of any sort or kind, including certificates of stock, securities or other evidences of debt on deposit for safe keeping, and to charge therefor such compensation as may be agreed upon; to deal in precious, metals, foreign and domestic exchange; to buy, sell, discount or collect promissory notes, bills of exchange, bills of lading, judgments, executions, warehouse receipts, mortgages, bonds, policies of insurance or other evidences of debt, and to charge therefor what may be agreed upon; to buy, sell, rent, improve, mortgage, lease, manage or otherwise have, hold, use, operate or control any personal property or real estate for its own use, or obtained in settlement of amounts due it in this or other State or Territory in the United States; receive deposits of money for investment on such terms as may be agreed upon, and issue receipts or certificates therefor; to establish a savings department, and to receive savings on deposit under such requirements and regulations as may be prescribed by the Board of Directors of said corporation, not inconsistent with the laws of this State or of the United States, paying therefor such interest as may be agreed upon, not more than the lawful rate; and generally to have all the powers necessary for conducting a general banking business. Banking powers, etc. Savings department. SEC. II. Be it further enacted by authority of the same, That nothing contained in the first section of this Act shall be construed to take away any of the rights, powers and privileges conferred upon the Sumter County Alliance Co-operative Association by its charter granted by the Superior Court of Sumter county. Rights now existing not affected by this Act. SEC. III. 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

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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 share 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 and stockholders for debts of corporation. SEC. IV. Be it further enacted by authority of the same, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 27, 1890. INCORPORATING THE ELLIJAY LOAN AND BANKING COMPANY. No. 186. An Act to incorporate the Ellijay Loan and Banking Company, and to define its powers and duties, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That George R. Brown, E. W. Watkins, E. W. Coleman, T. H. Tabor, A. T. Logan and M. L. Cox, and their associates and successors, are hereby constituted a body corporate and politic, with perpetual succession under the name of the Ellijay Loan and Banking Company, with power by this name to sue and be sued in any court whatever; to have and use a common seal; to make, alter and repeal such by-laws and rules for its government that they deem necessary or proper for the conduct of the business of the corporation not in conflict with their charter or the laws of the State of Georgia, or the United States; to require, hold and dispose of any property, real or personal, in satisfaction of any debt due said corporation, or which may have been mortgaged or conveyed to said corporation to secure debts, loans or otherwise; to deal in precious metals and foreign and domestic exchange; to buy, sell, discount or collect promissory notes, bills of exchange or choses in action, claims or rents, and perform all such acts, or to enforce the payment or fulfillment of any contract made to or with it as may become necessary; to borrow and loan money; to discount, own and sell bonds, stocks and securities, and to do a general banking business. Corporators. Corporate name and general powers. SEC. II. Be it further enacted, That the capital stock of said corporation shall be fifty thousand dollars, and divided into shares of one hundred dollars each, and with power to increase the capital

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stock to one hundred thousand dollars on a vote of the majority of the stockholders, and as soon as twenty-five thousand dollars have been subscribed and paid in, the stockholders can organize and commence business under this charter. Capital stock. SEC. III. Be it further enacted, That said corporation shall have power and authority to receive for safe deposits any money, bonds, stocks, diamonds, gold, silver and other valuables, and if any money or other valuables is deposited to any minor, such money or valuables can be withdrawn by said minor without the consent of the parent or guardian of such minor. Safety deposits. Deposits by minors. SEC. IV. Be it further enacted, That the corporate powers of said bank shall be exercised by a Board of Directors of five, and which may be increased at any meeting of the stockholders to any number not exceeding nine, who shall elect from their number a president, vice-president and cashier, and such other officers as they deem necessary for carrying on the business of said corporation. The directors shall be elected upon the first organization upon a call of a majority of the incorporators herein named, and annually thereafter upon a day to be fixed by the stockholders, and they shall serve till their successors are elected. A majority of said directors shall have power at all meetings to act and to fill vacancies. Each stockholder shall be entitled at all elections to one vote for each share of the capital stock held by him or her, and each stockholder shall vote in person or by proxy, under a written authority. 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 herein, 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. Directors and officers. Vacancies. Votes of stockholders. Liability of corporation and stockholders for debts of corporation. SEC. V. Be it further enacted, That the principal office shall be located in Ellijay, Gilmer county, Georgia. Principal office. 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 27, 1890.

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AMENDING CHARTER OF THE CAPITAL CITY LAND AND IMPROVEMENT AND BANKING COMPANY OF ATLANTA, GEORGIA, ETC. No. 187. An Act to amend an Act entitled an Act to incorporate the Capital City Land and Improvement and Banking Company, of Atlanta, Georgia, approved December 28, 1886, and an Act to amend an Act entitled an Act to incorporate the Capital City Land and Improvement and Banking Company, of Atlanta, Georgia, approved December 20, 1886, for the purpose of changing its name to the Capital City Bank, approved August 27, 1887. Whereas, The real estate of the Capital City Land and Improvement Company, of Atlanta, Georgia, has been nearly all converted into money and turned into the Capital City Bank for banking purposes only, as by its charter heretofore provided; and Preamble. Whereas, It desires to turn over all its assets to the Capital City Bank; therefore, SECTION I. Be it enacted by the General Assembly of the State of Georgia, That section 1 of the first recited Act is hereby repealed, and the following section inserted in lieu thereof: That the stockholders of the Capital City Land and Improvement Company, of Atlanta, Georgia, be, and are, hereby authorized and empowered to do a banking business under the name of the Capital City Bank, and that by and under said name it have power to sue and be sued in any court whatever; to have and to use a common seal; to make and alter such by-laws as it may deem necessary or proper for the conduct of its banking business not in contravention of this charter or the laws of this State or of the United States; to acquire any property, real or personal, by purchase, or satisfaction of any debt due it, or which may have been mortgaged or conveyed to it for moneys which have been owing to it, or advanced by it, and to control or dispose of the same as in the opinion of its Board of Directors may be for the best interest of said banking company; to deal in precious metals, foreign and domestic exchange; to buy, sell, discount or collect promissory notes, bills of exchange or choses in action, claims or rents, and to perform all such other acts to enforce the payment or fulfillment of any contract made to it or with it, as

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may become necessary; to loan and borrow money; to discount and sell bonds, stocks and securities generally. Banking business under name of Capital City Bank authorized General powers. SEC. II. Be it further enacted, That section 5 of the above Act is hereby repealed, and the following put in lieu thereof: The capital stock of said company shall be four hundred thousand dollars ($400,000.00), to be divided into four hundred shares at $100.00 each, which may be increased, from time to time, by said corporation to any amount not exceeding one million dollars $1,000,000.00); 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. Capital stock. Liability of corporation and stockholders for debts of corporation. SEC. III. Be it further enacted, That section 6 of said Act is hereby repealed, and the following be enacted in lieu thereof: That the business powers of said company shall be exercised by a Board of Directors, consisting of not less than nine nor more than fifteen (15); two-thirds of them shall be citizens of the State of Georgia, and each an owner in his own name of at least ten (10) shares of the capital stock. One of its directors shall be elected president by the Board of Directors; said directors shall also elect a vice-president and cashier, and fix their compensation; they may also appoint such other officers for said company as may by them be deemed proper or necessary, and fix the compensation of such appointed officers; they may at any time remove such appointed officers, and may in their discretion appoint others; they shall require and take bonds from persons so elected and appointed in such sums as to them may be deemed proper for the faithful execution of their duties. A majority of said Board of Directors shall have power to transact all business; that said Board of Directors shall have power to fill all vacancies in the board during the

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year, until the regular meeting; and that the present officers of the Capital City Bank shall remain in office until the regular annual election. Directors. Officers. Quorum. Vacancies, etc. SEC. IV. Be it further enacted, That all laws and parts of laws conflicting with this Act be, and the same are, hereby repealed. Approved December 27, 1890. INCORPORATING THE ATLANTA SAVINGS BANK. No. 190. An Act to incorporate the Atlanta Savings Bank, with power to do a savings bank business, to act as agent, assignee, receiver and trustee, to do a banking business, and for other purposes. SECTION I. Be it enacted by the General Assembly of Georgia, That Hugh T. Inman and Daniel N. Speer, of Fulton county, State of Georgia; Geo. W. Williams, of the city of Charleston, State of South Carolina; Geo. A. Speer, of the city of LaGrange, Troup county, State of Georgia; Samuel M. Inman, John Silvey, Walker P. Inman, Robert D. Spalding, W. R. Hill and E. W. Marsh, of Fulton county, Georgia, their associates, successors and assigns, be, and are, hereby created a body politic and corporate for the term of forty years, under the name and style of the Atlanta Savings Bank, and by such name said corporation shall have perpetual succession, and is empowered to sue and be sued, plead and be impleaded, contract and be contracted with, to have and use a common seal, and at pleasure to alter same, and if necessary, to do a general banking business; to ordain and establish such by-laws, rules and regulations, not inconsistent with law, as it shall deem proper; to receive, purchase, own, hold and use property of all descriptions, and the same to alien, convey, lease, mortgage and otherwise dispose of, and to do all acts necessary, requisite or expedient to accomplish the purpose of said corporation. Corporators. Corporate name and general powers. SEC. II. Be it further enacted, That said corporation may receive on deposit all sums of money which may be offered, and may lend and invest the same for its benefit at such times and on such terms as it shall see proper, which said sums shall be repaid to such depositors at such times and with such

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interest, not exceeding the lawful rate, and under such regulations as the Board of Directors shall, from time to time, prescribe, or in such other manner as may be agreed upon; and if money is deposited by any wife, mother, female, or by any minor, such money may be withdrawn by the wife, mother, female or any minor, without the consent of her husband, his or her parent or guardian, and his or her check or receipt therefor shall be as binding as though such minor were of full age; that such corporation shall have power to buy, sell, discount and collect bonds, stocks, securities, notes bills and other choses in action; to lend money on real and personal property, or such other security as it may see [Illegible Text] and deem safe, at any rate of interest agreed on, not in excess of the highest contract rate authorized by the laws of Georgia, and for any time agreed on, and may charge interest for the full time, and include the same in the note or notes, or other evidences of debt given therefor, and may collect the same by monthly or other installments, if the debtor shall so agree, without any rebate of interest thereon; and in such cases the laws applicable to loans made by building and loan associations of this State are hereby made applicable and to secure any and all such loans, advances or other debts due or owing to it, such corporation is authorized to take such mortgage, deed or deed of trust, conveyance, pledge or other security as it may seem proper and deem safe. Deposits on Interest. Deposits by minors, married women,etc. Purchase and sale of stocks, bonds, etc. Loans on interest. SEC. III. Be it further enacted, That said corporation shall have power and authority to accept and execute the office of trustee, assignee, receiver, executor, administrator, guardian or agent of any kind conferred by the courts, corporations, firms or individuals of this State. It shall also have the power to act as fiscal agent of any person, firm, or for any State, city or corporation, public or private, and for such services it may charge and collect commissions or compensation as may be agreed on. May be trustee, executor, guardian, etc. Fiscal agent. SEC. IV. Be it further enacted, That the capital stock of said corporation shall be one hundred thousand dollars, divided into one thousand shares of one hundred dollars each, but the stockholders of said corporation may, from time to time, by a majority vote, increase its capital stock to any sum not exceeding one million dollars, and the incorporators, or any three of them, are hereby authorized to open books of subscription for said stock, and as soon as ten per cent. of the capital stock shall be paid in said corporation shall have the right to organize and commence business. The stock shall be paid for in monthly installment of not less than two dollars per share, or

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in such other way as the directors may require; provided , that any stockholder shall have the right to pay in cash his entire subscription at any time. 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. If any installment or assessment on the stock of said corporation called for is not paid when due, such stock shall be subject to forfeiture, sale or transfer, and the by-laws of said corporation shall provide for the manner of the same. The stock of said corporation shall be transferred only on the books of said corporation in person or by attorney, duly authorized in writing, but no transfer, sale or assignment of any stock shall be valid, or operate to release it from the lien which is hereby given said corporation thereon for any and all indebtedness to it by the holders thereof; until all such indebtedness is paid such lien may be enforced, as may be provided by the by-laws of said corporation. Capital stock. Organization. Payments for stock. Liability of corporation and stockholders for debts of corporation. Failure to pay for stock. Transfers of stock. SEC. V. Be it further enacted, That the business of said corporation shall be managed by a Board of Directors, and the officers elected by it. Said board shall consist of not less than five or more than nine, who shall be stockholders of said corporation. A majority of said Board of Directors shall constitute a quorum, and they shall be chosen by the stockholders in accordance with the by-laws, and shall hold their offices until their successors are elected and qualified. The officers of said corporation shall be president, vice-president and cashier, and shall be elected by the Board of Directors, and said directors may appoint from time to time, or at any time, such other officers or agents as in their judgment they deem proper. Said Board of Directors shall fix the compensation of the president,

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vice-president, cashier or other officers, agents and employees, remove or discharge them, and may take bonds from any and all such persons so elected or appointed, in such sums as the Board of Directors may deem proper for the faithful execution of their duties. A majority of said Board of Directors shall have power to act at all the meetings of the board, and to fill any vacancies that may occur in the board from death, resignation or otherwise. The bank may refuse to receive a deposit, and may also at any time return all or any part of any deposit, and in the by-laws for the government of the bank may regulate the maximum and minimum amount of deposits they will receive, the rate of interest to be paid; and the bank officers shall have power at their discretion, to cause the interest on any deposit to cease, first giving not less than thirty days' notice to the depositor, personally or by publication, of the date on which their liability shall cease; and such notice, if made by publication, may be made to apply either to one or more depositors, or to a particular class of depositors, or to depositors of amounts above or below a sum stated, or to all depositors. Directors. Officers, etc. Quorum and vacancies. Regulations as to deposits. SEC. VI. Be it further enacted, That said Savings Bank may deposit its funds as other depositors in any State or National bank, or in any bank incorporated under the laws of this State, and may authorize such bank or banks to receive for them any deposit, and pay out for them such money as they may direct. May deposit funds in other banks, etc. SEC. VII. Be it further enacted, That the principal place of business of the Atlanta Savings Bank, shall be in the city of Atlanta, Georgia. Location. SEC. VIII. 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 NEW ENGLAND CITY LOAN AND BANKING COMPANY. No. 194. An Act to incorporate the New England City Loan and Banking Company, and for other purposes. SECTION I. Be it enacted by the General Assembly of Georgia, That T. J. Lumpkin, C. P. Day, W. G. Morrison, H. V. Taylor and E. E. Chalmers, of said State, their associates and

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successors, are hereby constituted and declared to be a body corporate for the term of fifty years, under the name of the New England City Loan and Banking Company to be located in New England City, Georgia, with the right to sue and be sued; to have and use a common seal; to make by-laws binding on their own members, not inconsistent with the laws of this State 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 their organization, and to do all such acts as are necessary for the legitimate execution of this purpose. Corporators. Corporate name and general powers. SEC. II. Be it further enacted, That the capital stock of said corporation shall be fifty thousand dollars, divided into two thousand shares of twenty-five dollars each, with the privilege of increasing same at any time to two hundred thousand dollars, the corporators being hereby authorized to open books of subscription for said stock. The stockholders shall pay in the stock subscribed for by monthly installments, in such sums as shall be determined by the Board of Directors, not to be less than two and one-half dollars per share. Such payments shall continue until the amount paid in shall be twenty-five dollars per share; provided , any stockholder shall have the right to pay the entire amount subscribed at any time. Capital stock. Payments for stock. SEC. III. Be it further enacted, That as soon as one thousand shares shall be suscribed for and the sum of twenty-five hundred dollars paid in on said stock, the incorporators shall have the right to organize and transact business. At the first meeting of the stockholders, to be called by said incorporators, a board of five directors shall be elected from the stockholders, to hold the office till their successors are elected and qualified, a majority of whom shall constitute a quorum. Said Board of Directors shall have power to manage the business of the corporation; to declare dividends when earned; to elect all officers of the corporation, and to provide for the sale or forfeiture of any stock by reason of default in paying the installments aforesaid. Organization, etc. Directors. SEC. IV. Be it further enacted, That said corporation shall have the authority to loan money on real estate at any rate of interest that may be agreed on in writing, not in excess of the highest contract rate fixed by law; and it may also make loans for any time agreed on, and charge interest for the whole time and include the same in the note, or notes, or other security given therefor, and collect the same by monthly installments, or otherwise, without any rebate of interest thereon, if the debtor will so agree at the time of making the contract. Loans and, interest.

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SEC. V. Be it further enacted, That said corporation shall have authority to do a general banking business: to receive deposits, discount commercial paper: to buy and sell exchange; to acquire and hold real and personal property and dispose of the same, and to perform all acts usual in such cases; provided , however, that said corporation shall not exercise the powers conferred in section 4 of this Act in its general banking business, it being distinctly understood that the powers conferred in said fourth section shall apply only as to loans made upon real estate as security, as herein set forth. Banking powers, etc. SEC. VI. Be it further enacted, 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 and stockholders for debts of corporation. 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. INCORPORATING THE NEW SOUTH SAVINGS BANK. No. 196. An Act to incorporate the New South Savings Bank, to confer certain powers and privileges on the same, 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

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same, That Joseph J. Rogers, Benjamin M. Turner, George E. Huguley, John W. Stafford, Jackson G. Smith, and their associates and successors be, and they are, hereby made a body corporate and politic under the name of the New South Savings Bank, of Barnesville, Pike county, Georgia, and in such name shall have the power to sue and be sued, plead and be impleaded, in any court having jurisdiction over the subject involved; to receive, own, purchase, hold, use and enjoy property of all description in the prosecution of its business as a bank of discounts and deposits, and alien and convey, lease and mortgage, and otherwise dispose of the same in any manner that a natural person might lawfully dispose of similar property; to make, use and alter a common seal; to make by laws and rules for government of the same, not inconsistent with the laws of this State, nor of the United States; to contract and be contracted with, and in general to exercise an corporate power necessary to the execution of the power herein conferred. Corporators. Corporate name and general powers. SEC. II. Be it further enacted, That the capital stock of the corporation shall be twenty-five thousand dollars ($25,000), to be divided into shares of one hundred dollars ($100) each; but it shall have the power, after the said stock has been paid up, to increase its said capital stock to any sum not exceeding one hundred thousand dollars ($100,000); provided , two-thirds of said stockholders, at a stated annual meeting, shall vote in favor of such increase. So soon as two thousand and five hundred dollars ($2,500) have been paid in to the commissioners under this Act, a meeting of the stockholders shall be called and an organization perfected. At said meeting, a Board of Directors, consisting of five stockholders of said bank, shall be elected. A stockholder must own five shares of the stock to entitle him to be elected a director. From said Board of Directors shall be elected a president, vice-president and a cashier, and such other officers shall be elected or appointed as said board shall determine; said board to fix the salaries and duties of the officers. Capital stock. Organization, etc. Directors and officers. SEC. III. Be it further enacted, That the persons named in the first section of this Act, or any three of them, are hereby appointed commissioners, with power to open books of subscription to said capital stock at such time and place as they may deem best; and when two hundred and fifty shares of stock shall have been subscribed for, and ten dollars paid in cash on each share to said commissioners, then said commissioners shall call a meeting of the stockholders for the purpose

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of organizing and electing a Board of Directors. The first Board of Directors shall serve until the second Wednesday of January, 1892, at which time, and annually thereafter, the election shall be held for directors. The commissioners appointed under this Act shall turn over to the said Board of Directors the money collected, and the subscription list, and such other books and papers as they have belonging to said organization. All subscriptions to said capital stock shall be binding on the subscribers, their heirs, assigns and legal representatives, and shall be payable as hereinafter provided. Subscription to stock. First board of directors. SEC. IV. Be it further enacted, That the subscription to said capital stock shall be paid in after the first ten dollars per share has been paid in monthly installments of not exceeding ten per cent. (10%) as the Board of Directors may determine in each call, and on such day in each month as shall be determined by said Board of Directors; provided , any stockholder, with the consent of a majority of the directors shall have the right to pay the entire amount subscribed for or due by him at any time, and he may receive such interest on advance payments as the Board of Directors may see fit to allow; and if any stockholder shall fail to pay any installment on the day the same shall become due, he shall be fined the sum of two and one-half cents (2c.) per share for each day he failed to pay. At the expiration of fifteen days the cashier shall notify said delinquent stockholder, in writing, either personally or through the mail, that unless his installments and fines are paid within ten days from that date, that his stock will be sold, after advertising same for five days; said advertising shall be made by posting the same in a conspicuous place in the office of said banking company. On the day of sale, the cashier shall proceed to sell the same, in such manner as shall be prescribed by the Board of Directors. When the said stock is sold, the proceeds of the sale shall be applied to the payment of the expenses of said sale and the amount due by said stockholder to said bank, for both principal and fines; the balance, if any, shall be paid over to the said stockholder. A certificate shall then be issued to the purchaser, and he shall stand in the same position as the original stockholder, had he not defaulted in the payment of his installment. Each stockholder shall be entitled to one vote for each share held by him. Such vote may be given in person or by proxy. All voting shall be by ballot, and a plurality of all votes cast shall be sufficient to elect or decide a question. Payments for stock. Votes of stockholders.

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SEC. V. Be it further enacted, That said company shall have the right, as soon as ($10,000) ten thousand dollars has been paid in, to do a general banking business; to receive deposits; to make loans and discounts; to loan its own or depositors' funds; to obtain and procure loans for any person or company, partnership or corporation; to invest its own money or the money of others; to lend or invest in or upon the security of any mortgage, pledge, deed or otherwise, on or over any real, personal, mixed or other property or interest therein of any description, situated anywhere in this State; to lend money upon notes, bonds, sureties in action, or any and all negotiable or commercial paper, or any crops or produce whatever, or any stocks, bullion, merchandise or effects, the same to sell and in any way dispose of, and to charge any rate of interest that may be agreed upon in writing, not to exceed the highest rate allowed by law; and it may make such loans for any length of time agreed on, and charge interest for the whole time, and to include the same in the note or notes or other security given therefor, and to collect the same by monthly or semi-annual or annual installment, or otherwise, without rebate of interest thereon; and all the power given building and loan associations, so far as collecting and receiving and enforcing the collections of its installments, and so far as loaning and advancing money on real estate and taking real estate as security, is hereby given and vested in said company; said company may receive savings on deposits under such rules as the directors may prescribe, not inconsistent with the laws of this State or of the United States, paying therefor such interest as may be agreed upon, do a general banking business, and to do all acts as may be considered by it to be advisable for the carrying on of said business. Banking powers, etc. Savings deposits, etc. SEC. VI. Be it further enacted, That married women and minors shall be competent to make deposits with the said corporation of money or other things, and their checks or receipts for the same shall be a sufficient discharge for said company, and any contract made by them with said corporation in the course of business with said corporation as to said deposits, shall be binding and not be subject to the claims or contracts or debts of the husbands, respectively, of such married women, or the parents or guardians, respectively, of said minors. Deposits by married women and minors. SEC. VII. Be it further enacted, That said corporation shall have its principal office in Barnesville, Georgia, but it may do business within its corporate scope anywhere within the United States of America. Location.

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SEC. VIII. 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 and stockholders for corporate debts. SEC. IX. Be it further enacted, That the total liabilities to said bank of any person, or any company, corporation or firm (including in the liabilities of the company or firm the liabilities of the several members thereof) shall at no time, or by any construction or device, exceed one-tenth part of the amount of the capital stock of said bank paid in. Limitation upon power to lend money, etc. SEC. X. Be it further enacted, That the stock of said corporation shall not be transferable except upon the books of the company, and no transfer shall be made until all fines and dues upon the stock to be transferred shall have been paid. Transfers of stock. SEC. XI. Be it further enacted, That the charter shall be of force and effect for the full term of thirty years, with the privilege of renewal at the expiration of that time. Term of charter. SEC. XII. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 27, 1890.

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CHANGING NAME OF THE COTTON MILLS BANK. No. 205. An Act to amend an Act to incorporate the Cotton Mills Bank of Newnan, Georgia, and for other purposes, approved November 11, 1889, so as to change the name of said bank from Cotton Mills Bank to Newnan Banking Company, and for other purposes. SECTION I. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That the above recited Act be amended by changing the name of said bank from Cotton Mills Bank to Newnan Banking Company, and by the latter name said company may exercise all the powers and enjoy all the rights and privileges, immunities and franchises bestowed under the original name. Name changed to Newnan Banking Company. SEC. II. Be it further enacted, That all laws in conflict with this Act are hereby repealed. Approved December 27, 1890. AMENDING CHARTER OF THE SAVINGS BANK OF GRIFFIN No. 212. An Act to amend an Act incorporating the Savings Bank of Griffin, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act that section 2 of said original Act of incorporation be amended as follows: That in the eleventh line of section 2 the word nine, between the words of and stockholder, be struck out, and the words not less than five nor more than nine inserted, so that said section 2, when so amended, shall read as follows: Number of directors. SEC. II. Be it further enacted, That the capital stock of this corporation shall be ($50,000) fifty thousand dollars, to be divided in shares of ($100) one hundred dollars each; but it shall have the power, after the said stock has been paid up, to increase its said capital stock to any sum not exceeding ($100,000) one hundred thousand dollars; provided , two-thirds of said stockholders at a stated annual meeting shall vote in favor of such increase. So soon as ($5,000) five thousand dollars have been paid in to the commissioners under this Act, a meeting of the stockholders of said bank shall be called and an organization perfected. At said meeting

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a Board of Directors, consisting of not less than five nor more than nine stockholders of said bank, shall be elected. A stockholder must own ten shares of the stock to entitle him to be elected a director. From said Board of Directors shall be elected a president, vice-president and a cashier. Such other officers shall be elected or appointed as said board shall determine; said board shall fix the salaries and duties of said officers. SEC. III. Be it further enacted, That all laws and parts of laws in conflict with this amendment be, and the same are, hereby repealed. Approved December 27, 1890. INCORPORATING THE BANK OF MONTICELLO. No. 219. An Act to incorporate the Bank of Monticello, and for other purposes. SECTION I. Be it enacted by the General Assembly of Georgia, That Thomas J. Smith, Sr., James Benton, John H. Kelly, E. H. Adams, Sr., A. H. Jordan, Lucien Benton, H. C. McClure, Richard Davis, John C. Speights, Albert J. Talmage, Edward B. Smith and such other persons as may hereafter be associated with them, and their successors, be, and they are, hereby created a body corporate and politic under the name of the Bank of Monticello, and under said name may sue and be sued, plead and be impleaded, acquire, purchase, and hold and sell real and personal property, and to do everything necessary to carry out the designs of this Act. Corporators. Corporate name and general powers. SEC. II. Be it further enacted, That the capital stock of said corporation shall be the sum of fifty thousand dollars or five hundred shares of one hundred dollars each, with the privilege of increasing the same to two hundred thousand dollars or two thousand shares of one hundred dollars each, in the discretion of the Board of Directors hereafter provided for, and after the same shall be authorized by a vote of the stockholders at a meeting called for that purpose. The stockholders shall pay in the capital stock in monthly installments in such sums as may be prescribed by the Board of Directors, not to be less than four dollars monthly per share. Such payments shall continue (unless otherwise ordered by the Board of Directors) until the amount paid in shall be one hundred dollars, with average interest at the rate of eight per cent. per annum, from the date of the organization of the Bank of Monticello; provided, however , that nothing contained herein shall prevent any stockholder or subscriber to the capital stock of said company from paying the whole of said one hundred dollars per share in the payment. Capital stock. Payments for stock.

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SEC. III. Be it further enacted, That as soon as two hundred shares shall be subscribed for and the sum of ten per cent. of the amount subscribed or two thousand dollars paid in on said stock. said corporation shall have the right to organize and transact business. The principal office of said Bank of Monticello shall be in the town of Monticello, Georgia. The first meeting of said company may be held after ten days' notice, given by the corporators or any five of them, and at said meeting and annually thereafter, the stockholders shall elect a board of not more than seven directors nor less than five, a majority of whom shall constitute a quorum to transact business. Said board shall elect one of their number president, whose duty it shall be to preside over the meetings of the Board of Directors, and all officers of said corporation shall be stockholders in the same. The Board of Directors shall elected cashier, and if they see fit, an attorney for said company, and shall define their duties and fix their compensation. The annual meeting of the stockholders shall be on the first Wednesday in December of each year, at which time the Board of Directors shall be chosen as aforesaid, and each Board of Directors elected under this Act shall serve as such until their successors are elected and [Illegible Text] upon the duties of their office. Organization, etc. Directors and officers. Stockholders' meetings. Term of directors. SEC. IV. Be it further enacted, That said Board of Directors shall have full power and authority to manage and control the business of said banking company; to establish all rules and by-laws for its government; to provide for all cases of default made by any stockholder in the payment of the installments aforesaid, for the sale or forfeiture or transfer of stock, and generally to do everything necessary or proper to carry out the purposes of this Act. Powers of directors. SEC. V. Be it further enacted, That said Bank of Monticello shall have authority to borrow or loan money on real estate or such other security as said Board of Directors may see fit, at any rate of interest that may be agreed on in writing, not to exceed the highest contract rate allowed by law, but said Bank of Monticello may make loans for any time agreed on and charge interest for the full time and include the same in the note or other security given therefor and may collect said loan on monthly installments, if the [Illegible Text] will so agree, without any rebate of interest thereon, and in such cases all the law applicable to the sale of securities, real or personal, pledged or conveyed to loan and building associations, are made applicable to the said Bank of Monticello. Borrowing or leading money. Loans or interest. SEC. VI. Be it further enacted, That it shall not be lawful for said Bank of Monticello to charge more interest than is provided for by law, on any of its loans or discounts, and that all charges for interest over the legal rate per cent. per annum, shall be forfeitable to the borrower; provided, however , that the claimant shall give notice to the president of said Bank of Monticello, by commencing suit within six months from the payment of said interest or the time of the discount for the recovery of the excess of interest, or the right of such claimant to recover said excess of interest shall be forever barred. Limitations as to interest charges.

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SEC. VII. Be it further enacted, 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 stockholders 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 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 provent 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. VIII. Be it further enacted, That this charter shall continue in force for a term of fifty years. Term of charter. SEC. IX. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 29, 1890. INCORPORATING THE BANK OF RICHLAND. No. 220. An Act to incorporate the Bank of Richland in the town of Richland, Stewart county. SECTION I. The General Assembly of the State of Georgia do enact, That D. B. Harrell, C. V. Lamar, S. H. Hawkins, H. C. Bagly, Uriah B. Harrold, D. E. Ponder, T. A. H. Meyer, A. G. Shepherd, E. I. Prothro, I. E. French, N. C. Alston, J. T. Williams, with their associates and successors, be, and are, hereby incorporated under the name and style of Bank of Richland, and by this name they shall have power to sue and be sued, plead and be empleaded, contract and be contracted with, have and use a common seal, and adopt such by-laws as they may deem necessary not inconsistent with the Constitution and By-Laws of the State. Corporators. Corporate name and general powers. SEC. II. Be it further enacted by the authority aforesaid, That said corporation shall have power to hold and possess any species of property, real, personal or mixed, and to sell, mortgage or dispose of the same at pleasure; to discount notes and drafts, to buy and sell exchange, to receive deposits, to make advances and loans upon property, real or personal, to corporate bodies, to merchants, to farmers on growing crops, or to other parties; to deal in bonds, stocks, choses in action, claims or rents; to do a general banking business, and to perform all such acts; to enforce the payment of any contract made to or with it. Banking powers, etc.

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SEC. III. Be it further enacted, That the capital stock of said company shall be fifty thousand dollars, with power to increase the same, by a vote of the stockholders, to any amount not exceel two hundred and fifty thousand dollars; said capital stock to be divided into shares of one hundred dollars each. Certificates of stock shall be issued to the stockholders for the number of shares owned by each, which shall be transferable only on the books of the company, under such regulations as they may adopt; 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 debts of said corporation to the extent of his or her unpaid shares of its and said stockholders shall be further and additionally individually liable, equally and ratably, and not one for another, as surities, 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 said 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. Capital stock. Transfers of stock. Liability of corporation and stockholders for debts of corporation. SEC. IV. Be it further enacted, That the affairs of said company shall be managed by a Board of Directors consisting of such number as may be determined on by the by-laws of said company. Said board shall select from their number a president; they shall also select a cashier, and all such minor officers as they may deem necessary. Said officers shall hold their offices for one year and until their successors are elected; provided, however , that said corporation, by its by-laws, may prescribe such mode of changing the officers as they may see proper. Directors. Officers. SEC. V. Be it further enacted, That the principal office of said corporation shall be in the town of Richland, Stewart county, Georgia, but it may appoint such agencies at other places in said State as it may deem necessary in the management of its business. The directors shall call a meeting of the stockholders at least once annually, to whom a full report of the business of the corporation shall be made by the officers thereof. Special meetings of the stockholders may be provided for by the by-laws of the company. Principal office and agencies. Stockholders' meetings. 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.

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INCORPORATING THE MERCHANTS' EXCHANGE BANK AND TRUST COMPANY. No. 230. An Act to incorporate The Merchants' Exchange Bank and Trust Company. and to confer upon it general banking privileges and powers of investment, and the right to act as trustee, executor, administrator or other fiduciary agent, to issue bonds, to maintain a safe deposit, to insure titles to investors, and to become security for others; also, the right to buy, own, sell, or otherwise dispose of property, and to exercise all the necessary powers incident to aforesaid business. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That R. P. Brooks, I. W. Newton, R. B. Stephens, B. S. Willingham and T. B. Cabaniss persons in said State, their associates and successors, are hereby constituted and declared to be a body corporate and politic, under the name of The Merchants' Exchange Bank and Trust Company, with continuous succession, with power, under this name, to sue and be sued, to have all general corporate powers, and especially those enumerated in section 1679 of the Code of Georgia, published in the year 1882. The principal office of the company shall be at Forsyth, Georgia, and shall continue for and during the term of fifty years. Corporators. Corporate name and general powers. Location and term of charter. SEC. II. Be it further enacted, That the capital stock of said corporation shall not be less than $50,000 (fifty thousand dollars), divided into shares of $100 (one hundred dollars) each, with the privilege of changing the same, from time to time, to any amount not exceeding $300,000 (three hundred thousand dollars), or below $50,000 (fifty thousand dollars); and the corporators, or a majority of them, are hereby authorized and empowered to open books of subscription to said capital stock, and to organize when the sum of $50,000 (fifty thousand dollars) or more, has been subscribed, and the company may begin business when $25,000 (twenty-five thousand dollars) has been paid in cash, in such manner as the corporators may determine. Capital stock. Organization, etc. SEC. III. Be it further enacted, That at a meeting of the stockholders, called by a majority of the corporators, for organization, a Board of Directors, of not less than five nor more than thirteen, as may be agreed on by said stockholders, shall be elected from among the stockholders, who shall hold office for the period of one year, and until their successors are elected and qualified. A majority of the number of directors agreed on shall constitute a quorum for the transaction of business. Said Board of Directors shall have full power to manage the business of the company, elect and appoint all officers as they may deem necessary, fix their compensation, fill vacancies occurring in their body, and do and perform

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such other things as may be delegated to them by the by-laws of said company. At all meetings of stockholders each share of stock shall represent one vote, which may be cast by the stockholder in person, or by proxy, authorized in writing. The stockholders shall have power to make and establish by-laws for the government of the company as they may deem best, not inconsistent with the laws of the land. Directors. Votes of stockholders. By-laws. SEC. IV. Be it further enacted, That said company shall have the right to do the general business of banking, except it shall not have the right to receive daily deposits of cash, but shall have the right to receive special deposits of cash or other valuables for special purposes, as may be agreed upon, and as is hereinafter authorized. It shall have the right to make loans and discounts; to loan its own or its depositor's funds, when authorized by such depositor; to obtain and procure loans for other persons; to invest its own money or the money of others in the purchase of real property; to lend and invest money in or upon the security of and by way of mortgage, pledge, deed or otherwise on or over any real property or interest therein of any description, situated anywhere; to lend money upon or purchase or otherwise acquire bills of lading or the contents thereof, bills, notes, bonds, choses in action or any and all negotiable or commercial papers, or any crop or produce whatever or any stock, bullion, merchandise effects or other personal property, and the same to sell or in any way dispose of and to change any rate of interest on all such loans that may be agreed on in writing, not exceeding the contract rates that may be allowed by law, and it may also make such loans, for any length of time agreed on, and charge interest for the whole time and include the same in the note or notes or other security given therefor, and collect the same by monthly, bi-monthly, semi-annual or annual installments or otherwise, without any rebate of interest thereon if the debtor or borrower will so agree. Banking powers, etc. Interest of loans. SEC. V. Be it further enacted, That said company may subscribe to, purchase, acquire or lend money upon any stock, shares, notes, bonds, debentures or other securities of any government, State municipality, corporation, partnership or person, and to hold, deal in or sell the same or to distribute the same among the stockholders; to negotiate or place in behalf of corporations, companies, partnerships or persons, shares, stocks, debentures, bonds, notes, mortgages or other securities, with or without guaranty or collateral obligation by this company, and to sell or subscribe any of the property, real or personal, or any interest acquired therein by it to any other corporation for any portion of its bonds, securities, obligations or capital stock, as may be agreed upon, without liability on such stock so purchased or subscribed for beyond the agreed terms of said purchase or subscription. Purchase, etc., of stock, bonds, etc. SEC. VI. Be it further enacted, That said company may receive on deposit all sums of money which may be offered to it for the purpose of being invested in such sums and at such times and on such terms as the Board of Diroctors may agree upon, and which shall be repaid to such depositors at such times, with such interest,

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not exceeding the lawful rate, and under such regulations as may be fixed by said board; and if any money or other valuables are deposited by any person as trustee or agent, his or her check or receipt therefor shall be binding upon his or her cestui que trust or principal, whether such cestui que trust or principal be disclosed or not. Deposits on interest. Deposits by trustees, etc. SEC. VII. Be it further enacted, That said company, at any time agreed on by the Board of Directors, and from time to time, may issue (debenture) coupon bonds in principal amounts of not less than $10.00 (ten dollars) nor more than $5,000.00 (five thousand dollars), payable at any time agreed upon, and drawing any rate of interest agreed on, not forbidden by law; and to secure the payment of the same may transfer to any person, natural or artificial, resident within or without this State, as trustee, all of its securities, property, effects or franchises, or any part thereof, by way of mortgage, deed, pledge or otherwise, and said company may sell, loan, pledge, hypothecate or otherwise dispose of said debenture bonds by the use of agents or otherwise at any prices and pay its agents any commission its Board of Directors may agree on, for the purpose of obtaining money for use in its general business. Debenture, bonds, etc. SEC. VIII. Be it further enacted, That said company shall have the right to act as agent, factor or trustee for any State, county, town, municipality, corporation, copartnership or individual, on such terms as to agency and commission as may be agreed on, in registering, selling and countersigning, collecting, acquiring, holding, dealing and disposing of, on account of such State, county, town, municipality, corporation, copartnership or individual bonds, certificates of stock or any description of property, real or personal, or for guaranteeing the payment of such bonds, certificates of stock, etc., and generally for managing such business. May be agent, trustee, etc. SEC. IX. Be it further enacted, That said company shall have power to receive money in trust, and shall have power to accept and execute any trusts that may be committed to it by any corporation, copartnership or individual, and it shall have power to accept any grant, assignment, transfer, devise or bequest and hold any real or personal estate or trust created in accordance with the laws of this State, and then to execute the same in such manner as may be established and agreed upon by its Board of Directors; and said corporation is hereby fully authorized and empowered to act as trustees or assignees. It shall have power and authority to receive, for safe keeping or deposit, money, bonds, stocks, diamonds and silver plate and other valuables, and charge and collect a reasonable compensation for the same, which said charge shall be a lien upon such deposit until paid, and generally to do and carry on the business of a safety deposit and trust company. May receive money on trust, accept and execute trusts, etc. Safety deposits. SEC. X. Be it further enacted, That said corporation shall have power to accept and execute the office and appointment of executor of the last will and testament of any person, and of guardian of the property of any minor or person non compos mentis , and shall have power to act as administrator of any deceased person's estate on the same terms and conditions as natural persons, but nothing in this

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Act shall be so construed as to give said corporation the right or power to act as trustee, executor, administrator, guardian or assignee without first executing the bond for the faithful performance of said trust as and in the same manner as is now and may hereafter be required by law of natural persons; and the Ordinaries of the State are hereby authorized to grant letters testamentary and letters of administration or guardianship to said corporation as to natural persons. Whenever, in the execution of any trust herein authorized to be done by this company, an oath or affidavit is required to be made by law, such oath or affidavit may be made on the part of the company by the president or the acting vice-president. Said company shall also have power to accept and execute the office of agent, assignee, receiver or trustee of every kind whatsoever whether said office or appointment shall be conferred by any person or persons, or by any corporation, public or private, or by any court, either of the United States or of this State. The assets and property of this company shall be absolutely liable for the faithful management of the trusts as confided to its care as executor, administrator guardian or trustee, agent, assignee or receiver, as aforesaid. May be executor, guardian, etc. But not without bonds. Letters testamentary, etc. Oath. May be receiver, etc. SEC. XI. Be it further enacted, That said company shall, and be hereby given the right to, carry on the business of guaranty insurance, and may insure or guaranty to any person the payment of any dividends, bonds, notes, undertakings, mortgages or other securities or evidences of indebtedness, or the interest thereon; or may warrant or guaranty the title to any real estate within this State, to any person; and may guaranty the faithful discharge of duty, and faithful accounting for funds by any public or private official or agent; and for such guaranty may sign, as surety, any official or private bond, or other obligation, and may charge and collect therefor any price that may be agreed on. Guaranty insurance powers. SEC. XII. Be it further enacted, That said company shall have all powers necessary for carrying on the business authorized by this charter, and may charge such premiums, commissions or rate of compensation as may be agreed on in and for any of the matters referred to therein. Premiums, commissions, etc. SEC. XIII. Be it further enacted, That the officers of said company shall consist of a president and as many vice-presidents as shall be fixed by by-law, a cashier and as many assistant cashiers as may be fixed by by-law, and a general counsellor, all of whom shall be elected at such time, and shall hold their respective offices for such terms as may be fixed by the by-laws, and until their successors are elected and qualified. The stockholders may, in their discretion, vest in the Board of Directors the power to make by-laws for the conduct of the business of the company and for their own government, not inconsistent with this Act or with the by-laws established by the stockholders. The by-laws, either of the stockholders or directors, shall fix the duties and salaries of the various officers of the company. Officers, etc. SEC. XIV. Be it further enacted, That the stock held by any person shall be transferred only on the books of the company, either in person or by written power of attorney, and no stockholder

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shall transfer his stock except by consent of the directors of said company if he is indebted to the company as principal, security or otherwise, until such indebtedness is paid off and discharged, and for all such indebtedness said company shall have a lien superior to all other liens, except for taxes upon the stock of said stockholder. Transfers of stock. SEC. XV. Be it further enacted, 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 stockholders shall be further and additionally individually liable, equably and ratably, and not one for another, as sureties for 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 above 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 and stockholders 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 December 29, 1890. INCORPORATING THE BANK OF LAGRANGE. No. 231. An Act to incorporate the Bank of LaGrange, Georgia. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That Lewis J. Render, James G. Truit, F. M. Langley, J. M. Barnard, B. C. Ferrell, Sr., and H. H. Cary, and such other persons as may hereafter be associated with them, their successors and assigns, are hereby constituted a body corporate and politic, under the name of the Bank of LaGrange, and by that name shall have perpetual succession, with power to sue and be sued in any court whatever; to have and use a common seal; to make, alter and repeal such by-laws as they may deem necessary or proper for the conduct of the business of the corporation, not contrary to the laws of this State or the United States; to acquire any property, real or personal, by purchase or satisfaction of any debt due said corporation, or which may have been mortgaged or conveyed to it for moneys which have been owing to it or advanced by it, and to control and dispose of same as may be for the best interest of said corporation;

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to deal in precious metals, foreign and domestic exchange; to buy, sell, collect or discount promissory notes, bills of exchange or choses in action, claims or rents, and perform all such acts, or to enforce the payment or fulfillment of any contract to or with it, as may become necessary; to loan and borrow money; to discount and sell bonds, stocks and securities generally, and to do a general banking business. Corporators. Corporate name and general powers. SEC. II. Be it further enacted, That said corporation may receive on deposit all sums of money which may be offered to it, and if money is deposited by any minor, said money may be withdrawn by the minor without the consent of the parent or guardian of such minor. Deposits. SEC. III. Be it further enacted, That said corporation shall have power to receive money in trust; shall have power to accept and execute such trust of every description that may be committed to to it by any order or decree of court, and shall have power to accept, by grant or assignment, transfer, devise or bequest, and hold, any real or personal estate, or either, or trust created in accordance with the laws of this State, and to execute such legal trust on such terms as may be declared, established or agreed upon in regard thereto. The said corporation is hereby authorized to act as trustee or assignee in this State, and funds in litigation in the various courts of this State may be deposited with said corporation. Trusts, etc. SEC. IV. Be it further enacted, That said corporation shall have power to receive for safe deposit all money, bonds, stocks, diamonds, gold, silver, plate and all other valuables, and charge a reasonable compensation for same. [Illegible Text] deposits. SEC. V. Be it further enacted, That the capital stock of said corporation shall be fifty thousand dollars, divided into shares of one hundred dollars each, with power to the Board of Directors of said corporation to increase the same to an amount not exceeding two hundred and fifty thousand dollars, upon giving twenty days' notice of such intention to increase to all of the stockholders, stating the amount of such increase. Capital stock. SEC. VI. Be it further enacted, That as soon as there shall be fifty thousand dollars subscribed and twenty-five thousand dollars actually paid in, the said stockhelders may organize and proceed to do business. The powers of the corporation shall be exercised by a Board of Directors, not less than five and more than nine, to be be chosen as hereinafter provided, who shall elect from their number a president and vice-president. Each director shall be the bona fide owner in his own right of at least ten shares of the capital stock. Said directors shall elect a cashier and appoint at any time such other officers and agents as, in their judgment, the business may require, fix their compensation, dismiss and take bonds from said persons, as they may deem proper. The directors of the corporation shall be elected by a majority vote of the stockholders, at a meeting called for that purpose, of which each stockholder shall have written notice, and annually thereafter, on a day to be appointed by said stockholders, and the directors shall continue in office till their successors are elected and qualified. A majority of said directors

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shall have power to act at all meetings of the board, and to fill any vacancy that may occur in the board. Each stockholder shall be entitled at all elections to one vote for each share of the capital stock held or owned by him, her or them, in their own right or in any fiduciary capacity, and shall vote in person or by proxy under written power of attorney. Organization, etc. Directors and officers. Quorum and vacancies. Vote of stockholders. SEC. VII. Be it further enacted, That the stock shall be tranferred only on the books of said bank, either in person or by power of attorney, and no stockholder shall transfer his stock except by consent of the officers of said bank, if he or she is indebted to said bank as principal, security or otherwise, until such indebtedness is paid off and discharged, and for all such indebtedness the bank shall have a lien of the highest dignity upon the stock of such stockholders. Transfers of stock. SEC. VIII. Be it further enacted, 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 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 and stockholders for debts of corporation. SEC. IX. Be it further enacted, That the principal office shall be located at LaGrange, Troup county, Georgia, but the Board of Directors shall have power to establish branch offices or agencies for the transaction of said business in any place they may think proper. Principal and branch offices. 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 29, 1890. CONFERRING BANKING POWERS UPON THE COLUMBUS INVESTMENT COMPANY. No. 232. An Act to incorporate the Columbus Investment Company, to confer banking privileges on said company, and for other purposes. Whereas, The Columbus Investment Company was incorporated by virtue of an order of the Superior Court of Muscogee county on the 1st day of April, 1889, with power under said order of incorporation

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to purchase, own, sell and improve real estate in the city of Columbus and county of Muscogee, to rent or lease the same, to take the same by way of deed, mortgage or otherwise as security for debt; to advance money primarily to its stockholders, and also other persons; invest its profits in real and personal property; to buy, sell, lease, rent, handle and manage real estate for others, and to negotiate upon the same loans and advances for others upon terms agreed on; to borrow money, issue its obligations therefor, and secure the same by deed, mortgage or otherwise, as in the judgment of the Board of Directors may seem best; to make contracts of any kind whatever pertaining to the business of the corporation; to make by-laws not inconsistent with the laws of the land; to have a corporate seal, and generally have, enjoy and exercise the corporate powers and privileges incident to corporations under the laws of this State; to commence business with a capital stock of $100,000.00, with the privilege of increasing said capital stock, from time to time, by the Board of Directors whenever in their judgment may seem best to do so, to any sum not exceeding the sum of $500,000.00; and Preamble. Whereas, Said company, on the 4th day of April, 1889, became duly and legally organized as provided in said charter, and have been doing business under the terms of said charter since the 4th day of April, 1889, and now have a subscribed capital stock of $225,000.00, of which the sum of $105,000.00 has been paid into the treasury of said company, and has been used and invested in accordance with the terms of said charter, and the remainder of said sum of $225,000.00 will, by the terms of the subscription to the capital stock of said company, become due and paid into the treasury of said company by the first day of July, 1893; and, Whereas, Said Columbus Investment Company desires to open a banking department and do a general banking business; 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 corporation be, and the same is, hereby authorized and empowered to do a general banking business under the name of Columbus Investment Company, and that by and under said name it shall have power to sue and be sued in any court whatever; to have and use a common seal; to make and alter such by-laws as it may deem necessary or proper for the conduct of its banking business, not in contravention of its charter or the laws of this State or of the laws of the United States; to acquire any property, real or personal, by purchase in satisfaction of any debt due it, or which may have been mortgaged or conveyed to it for moneys which have been owing to it, or advances by it, and to control and dispose of the same as in the opinion of its Board of Directors may be for the best interest of said company; to deal in precious metals, foreign and domestic exchange; to buy, sell, discount or collect promissory notes, bills of exchange, or choses in action, claims or rents, and perform all such other acts in forcing the payment or fulfillment of any contract

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made to or with it as may become necessary; to loan and borrow money; to discount and sell bonds, stocks and securities generally. Corporate name and general powers. SEC. II. Be it further enacted, That said company may receive on deposit all sums of money which may be offered for the purpose of being invested in such sums, and at such time and on such terms as its by-laws shall prescribe, and which shall be repaid to such depositors at such time and with such interest, not exceeding the lawful rate, and under such regulations as the Board of Directors shall, from time to time, prescribe; and if money be deposited by a minor, such money may be withdrawn by the minor without the consent of the parent or guardian of such minor. Deposits on interest. Deposits by minors. SEC. III. Be it further enacted, That said company shall have power to receive money in trust; shall have power to accept and execute trusts of other descriptions, which may be committed to it by any order or decree of court, and shall have power to accept by grant or assignment, transfer, devise or bequest, and hold any real or personal estate or trust created in accordance with the law of this State, and to execute such legal trusts on such terms as may be declared, established or agreed upon in regard thereto; and the said company is hereby authorized to act as trustee or assignee in this State, and funds in litigation in the various courts of this State may be received on deposit by said company, bearing such interest as may be agreed upon. Trusts, etc. SEC. IV. Be it further enacted, That the said company shall have power and authority to receive for safe deposit all money, bonds, stocks, diamonds, silver-plate and all other valuables, and charge a reasonable compensation therefor. Safety deposits. SEC. V. Be it further enacted, That the capital stock of said company shall be the capital stock of the corporation to which this charter is granted, which shall include and cover any and all increase of the capital stock of the said Columbus Investment Company, which shall or may hereafter be made under the power contained in the charter of the Columbus Investment Company, granted as aforesaid by virtue of an order of the Superior Court of Muscogee county. Capital stock. SEC. VI. Be it further enacted, That the powers of this company shall be exercised by the Board of Directors of the Columbus Investment Company, chartered as aforesaid by the Superior Court of Muscogee county, who shall elect from among the stockholders of said Columbus Investment Company a president, vice-president and cashier for said company, and fix their compensation and prescribe their duties. They may also appoint such officers for said company as may be by them deemed proper or necessary, fix their compensation and the duties of such appointed officers. They may at any time remove such elected or appointed officers, and, in their discretion, appoint others; they shall require and take bonds from persons so elected and appointed, in such sums as to them may be deemed proper for the faithful execution of their duties. A majority of said Board of Directors shall have power to transact all business, and may appoint committees from said Board of Directors,

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prescribe the duties of said committees, and the work to be performed by them. Management. Officers. Quorum of directors, etc. SEC. VII. Be it further enacted, That this Act is made and intended as ancillary to all of the rights, powers and privileges conferred on the Columbus Investment Company by virtue of its previous incorporation under and by the order of the Superior Court of Muscogee county, granted on the first day of April, 1889. The powers herein conferred, where not conferred by said order of incorporation of said Superior Court, under which it was formerly incorporated, are additional and enlarged powers; and all changes made herein are to be construed as amendments to its said chartered rights and privileges. This Act ancillary to charter granted by Superior Court. SEC. VIII. Be it further enacted, That nothing contained in this charter shall be so construed as to abridge or take away any right, power or privilege conferred by the order of incorporation of the Columbus Investment Company granted by the Superior Court of Muscogee county, or to change its character from a building and loan association; and said company shall continue to have all the rights, powers and privileges conferred on it by an Act entitled an Act to authorize and empower building and loan associations, and other like associations, of this State to lend money to persons not members or shareholders at eight per cent. or less, and to aggregate the principal and interest at the time 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 in a monthly or other installment, 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. Powers and priviles under Superior Court charter not affected. SEC. IX. Be it further enacted, 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 stockholders 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 and stockholders for debts of corporation. SEC. X. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 29, 1890.

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INCORPORATING THE PEOPLE'S BANKING COMPANY. No. 241. An Act to incorporate the People's Banking Company, of Atlanta, Georgia, and for other purposes. SECTION I. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That P. F. Smith, J. D. Proctor, J. L. C. Kerr, B. F. Abbott, J. C. Kimball and W. H. Morrow, of said State, their associates and successors, be, and they are, hereby declared to be a body corporate, under the name of the People's Banking Company, for the full term of twenty years, with the privilege of renewal at the expiration of said term, 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 by-laws, rules of government and regulations as may be necessary or desirable for carrying out the purpose, intent and design of such organization; provided , such rules are not in conflict with the laws of the State, or of the United States; and to do and perform each and every act requisite, necessary or expedient to carry on the business of said company as completely as the same could be done by an individual citizen of this State. Corporators. Corporate name and general powers. SEC. II. Be it further enacted, That said company shall have the right to do a general banking business, to receive deposits, make loans and discounts, buy and sell exchange, and to lend its own or its depositors' funds; to obtain and procure loans of money for any person, company, partnership or corporation, and to do all things necessary, desirable or incidental towards mediating between borrower and lender, either with or without guaranty, indorsement or liability on the part of said company; and to charge for such services such a premium or commission, in addition to the legal rate of interest, as may be agreed upon between the borrower and said bank; to lend and borrow money upon its own account, and to make and execute securities by way of pledge, mortgage or other conveyance or lien; to secure or collect any loan thereon negotiated or effected by it; to invest its own or the money of others. Banking powers, etc. SEC. III. Be it further enacted, That said company may lend its own money, or that of others, upon real estate or personal security by way of mortgage deed, pledge or other lien or conveyance, and sell and transfer all such securities to any person, company, partnership or corporation, with or without guaranty or other collateral liabilities; may subscribe to, purchase, acquire, lend or advance money upon cotton, stocks, shares, bonds, debentures, notes or other securities, bonds or other obligations, and upon such terms and in such amounts as may be deemed advisable, based on the security of property owned or held by said company or its stockholders, and

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secured by such trust deeds, mortgages or other conveyances, general or special; to invest or lend the proceeds of such bonds in or upon real estate or personal property, to apply the same to the redemption of prior bonds; to buy, sell, own, rent, lease or deal in any real or personal property; to improve any real estate owned by it or its stockholders by erecting buildings, machinery or other appliances for increasing the value thereof, and to do all other things necessary and lawful to render the property of said company or its stockholders remunerative and profitable. Said company may limit its liabilities upon its own or the bonds or obligations of any other corporations, partnership, company or individual, indorsed or guaranteed by it by express stipulation on the face, of in the indorsement or guaranty thereof. Money loans, etc. SEC. IV. Be it further enacted, That said company shall have power to receive money in trust, and to accept and execute any and all trusts that may be committed to it by any court, corporation, company or individual, and to accept any grant, assignment, transfer, devise or bequest, and hold in trust any real or personal property or estate created in accordance with the laws of this or any other State, and to execute the same upon such terms as may be established and agreed upon by its Board of Directors. Said corporation is hereby fully authorized to act as agent, receiver, assignee and trustee of every kind, whether said office or appointment shall be conferred by any person or persons, or by any corporation, public or private, or by any court of the State or of the United States; to receive on deposit all funds in litigation in the various courts of this State, and to pay therefor such interests as may be agreed upon, not exceeding the lawful rate, and to loan on or receive for safe keeping or deposit any bonds, stocks, diamonds, jewelry, silver-plate or any other valuables, and charge interest and commission on the same, which interest and commission shall been lien upon such deposits until paid, and generally to do and carry on the business of a Safe Deposit and Trust Company. Trusts. Safety deposits. SEC. V. Be it further enacted, That the said company shall have the power to act as fiscal agent to the State of Georgia or for any other State, county, town, corporation or municipality whatever for negotiating, issuing, registering and countersigning bonds, certificates of stock or other obligations. Fiscal agent. SEC. VI. Be it further enacted, That the capital stock of said company shall be $50,000, divided into shares of the par value of $50.00 per share, but said capital stock may be increased at any time, by a majority vote of the Board of Directors in said company, to an amount not exceeding $500,000. The stockholders shall be liable for all installments, as provided in the by-laws, until said subscription shall be fully paid up, and if any installment or assessment is not paid when due such stock shall be sold at public sale after sixty days' notice to the subscriber, and, after paying the expenses of sale, the balance shall go to the indebtedness of stockholder to the bank, and the overplus to be paid to the stockholder. Said company may begin business whenever stock to the amount of $10,000.00 shall have been subscribed, and provided that whenever

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ever said company shall begin a general banking business. 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; subscription to said stock to be paid as follows: the first installment shall be $1.00 per share, to be paid when organization is perfected, and $1.00 per share per month thereafter until the full amount has been paid; or the stock may be paid for in full, at the option of the subscriber, at any time. Capital stock. Payments for stock. Beginning business. Liability of corporation and stockholders for debts of corporation. SEC. VII. Be it further enacted, That the business and affairs of said company shall be managed by a board of seven directors and the officers elected by them from said board, which shall consist of not less than five or more than seven directors, and a majority shall constitute a quorum for the transaction of business; they shall hold office for one year, or until their successors are elected and qualified, and shall have the power to elect all officers, to fill all vacancies occurring in their body; the officers of said company shall consist of a president, vice-president, cashier and attorney, and such other officers as the Board of Directors may deem necessary, but the same person may hold two of said offices, and the directors may dispense with any office they may deem unnecessary; they shall hold their respective offices for one year, or until their successors are elected and qualified; the Board of Directors may require any or all of said officers to give bond, in such an amount as they may fix, for the faithful performance of their duty, and may alter, amend or repeal any of the by-laws of said company by a majority vote of the board. Directors and officers. SEC. VIII. Be it further enacted, That said banking company shall have the power to establish branches through the State of Georgia and other States in the Union, which branches shall be under the immediate control, and do business for, the People's Banking Company of Atlanta, Georgia, and said banking company shall have the right to do a general collecting business through its branches, and said bank shall have the right to charge commission on all collections made. The object of the People's Banking Company is to do a general saving and banking business in Atlanta, Georgia, and through its branches in different States, giving towns and cities banking privileges, and make loans for building purposes, and for other purposes, as the directors may deem desirable, and as provided in the by-laws adopted by the

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company. All money paid for stock shall go to make up the capital stock of said bank. All running expenses of said bank shall be paid out of the net earnings of interest, premium and commission received by said bank, and the surplus of the interest, premium and commission to be divided pro rata among the stockholders in dividends to be declared semi-annually or annually, as the Board of Directors may deem advisable. Branches. Collections. Objects of corporation, etc. SEC. IX. Be it further enacted, That the People's Banking Company shall have the right to negotiate loans for other corporations or individuals. Each stockholder shall be entitled to one vote for every share of stock held or owned by such stockholder, and said vote may be given in person or by proxy, duly appointed. Proxies in writing must be filed with the secretary of the company at least one day before the stockholders' meeting. Negotiation of loans. Votes of stockholders. Proxies. 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 29, 1890. AMENDING CHARTER OF THE FARMERS' BANKING COMPANY. No. 243. An Act to amend an Act incorporating the Farmers' Banking Company, of Spalding county, so as to increase the capital stock of the company and to grant additional powers. SECTION I. Be it enacted by the General Assembly of Georgia, That section 6 of an Act to incorporate the Farmers' Banking Company of Spalding county, approved October 11, 1889, be, and the same is, hereby amended by striking out the words twenty-five thousand, and the words one hundred thousand, occurring in third and fourth lines of the sixth section, fixing the capital stock of said company, and by inserting the words one hundred thousand in lieu of twenty-five thousand, and the words five hundred thousand in lieu of the words one hundred thousand, so that the section shall read: Sec. 6. Be it further enacted, That the capital stock of said corporation shall be one hundred thousand dollars, with privilege to increase the same by majority vote of its directors to five hundred thousand dollars; and it shall not exercise the powers conferred by this Act until at least the sum of twenty-five thousand dollars has been invested and actually paid in on the capital stock. Capital stock, etc. SEC. II. Be it further enacted, That said company shall have the power and authority to guarantee in writing titles to property, and the payment of mortgages on real or personal property and bonds of other corporations, and to make, issue and sell its own general or special mortgages, bonds, debentures or other obligations, upon such terms and in such amounts as may be deemed advisable, and secure same by trust deeds, mortgages or other conveyances, general

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or special, as may be necessary to invest or lend the proceeds of such bonds in or upon real estate or personal property; to apply the same to the redemption of prior bonds; to buy, sell, own, rent, lease or deal in any real or personal property; to improve any real estate owned by it by erecting buildings, machinery or other appliances for increasing the value thereof, and to do all other things necessary and lawful to render the property of said company remunerative and profitable; said bonds may bear any rates of interest not prohibited by the laws of the State in which the property on which they are based is situated; and said company may limit its liability upon its own, or the bonds or obligations of any other corporation, partnership, company or individual indorsed or guaranteed by it, by express stipulation on the face, or in the indorsement or guarantee thereof. Guaranty powers. Debenture bonds, etc. SEC. III. Be it further enacted, That said company shall have power to receive money on deposit or in trust, and to accept and execute any and all trusts that may be committed to it by any State of this Union, or of the United States, or by any court, corporation, company or individual, and to accept any grant, assignment, transfer, devise or bequest, and to hold in trust any real or personal estate or trust created in accordance with the laws of this State, or any other State, or to execute the same upon such terms as may be established and agreed upon by its Board of Directors; said corporation is hereby authorized to act as agent, receiver, assignee and trustee of every kind whatsoever, whether said office or appointment shall be conferred by any person or persons, or by any corporation, public or private, or by any court of any State or of the United States; to receive on deposit all funds in litigation in the various courts in this State or other States, or the United States, and to pay therefor such interest as may be agreed upon, not exceeding the lawful rate; to accept and execute the office and appointment of administrator of any estate, or executor of the last will and testament of any person, or guardian of any minor or person under disability, and the Ordinaries of this State are authorized to grant letters testamentary of administration and guardianship to said company when so appointed; when bonds and security are given in terms of law, the cashier of the bank to make returns and be guided by the laws governing administrators, executors and guardians. Deposits, trusts, etc. May be administrator, executor or guardian. SEC. IV. Be it further enacted, That the said corporation shall have power to lend money, whether its own or depositors' funds, on real or personal property or such other security it may see fit, at any rate of interest, not exceeding the highest contract rate allowed by law at the time such loan shall be made and may charge interest for the full time including the same in note or notes or other evidences of debt given therefor and collect the same by monthly or other installments, if the debtor shall so agree, without any rebate of interest thereon and to secure any and all such loans, advances or other debts due or owing to it. Said corporation is authorized to take such mortgage, bond, deed of trust, pledge or other security

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as it may deem best, including the stock of its own company or its bonds or debentures. Interest on loans. SEC. V. Be it further enacted, That the capital stock of said company may be paid in either lawful currency or in property, real or personal, at its market value under rules and regulations prescribed by the directors. All subscriptions to said capital stock shall be binding on their subscribers, their heirs, assigns and legal representatives in the terms thereof. Payments for stock. SEC. VI. Be it further enacted, That the company shall issue to each stockholder certificates of stock, correctly representing his or her interest, and the said company shall have the first lien upon the said stock or shares of each stockholder for any indebtedness or dues to said bank or any company in which said bank owns stock, and no stockholder who may be indebted to said bank or said corporate companies, either as principal, security or indorser, shall, while so indebted, sell or transfer the stock held by him or her without the consent of the president and cashier of the company, and all sales and transfers of stock must, in order to be made valid, be made on the register and transfer books of the bank by the owner of the stock or his lawfully appointed attorney in fact. Stock certificates. Transfers of stock. SEC. VII. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 29, 1890. INCORPORATING THE SINGLETON BANKING COMPANY. No. 255. An Act to incorporate the Singleton Banking Company, and for other purposes. SECTION I. Be it enacted by the General Assembly of Georgia That William C. Singleton, M. R. Edwards, William E. Butt, I. P. Blue, S. N. Rushin, J. S. Rogers, J. A. Sheppard, Jno. M. Hall, B. T. Peacock, and such other persons as may be associated with them, and their successors and assigns, shall hereafter be a body corporate and politic, with continuous succession, under the name and style of the Singleton Banking Company, and by said corporate name shall be competent in law to contract and be contracted with, sue and be sued, implead and be impleaded in any court having jurisdiction over the subject matter involved; to receive, purchase, own, hold and use property of all descriptions, and alien, lease and mortgage and otherwise dispose of the same in any manner that a natural person might lawfully do with similar property. Said corporation shall have power to make, use, renew and alter at pleasure a corporate seal, make by-laws not inconsistent with the laws of the land, and to do all acts and things necessary or proper to carry into effect the objects and purposes of this Act, and to exercise in general all

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the powers incident to corporations and necessary and proper for the transaction of the business for which it is incorporated. That said corporation shall be located in Buena Vista, this State. Corporators. Corporate name and general powers. Location. SEC. II. Be it further enacted, That the capital stock of this corporation shall be twenty-five thousand dollars ($25,000), to be divided into shares of one hundred dollars ($100) each, but it shall have power, after said stock shall have been paid up, to increase its said capital stock, from time to time, to any sum not to exceed one hundred thousand dollars, whenever it may be deemed expedient by the stockholders in meeting assembled, two-thirds of the entire stock being voted in favor of such increase before the same can be effected. Said corporation is hereby authorized to commence business as soon as five thousand dollars shall be paid in upon said capital stock, and the Board of Directors shall be authorized to call in the balance of said capital stock in such installments and at such times as may be deemed necessary by said board. Capital stock. Beginning business, etc. SEC. III. Be it further enacted, That the persons named in the first section of this Act, or any three of them, are hereby appointed commissioners, with power to open books of subscription to said capital stock at such times and places, and for such length of time as they may deem best, and when twenty-five thousand dollars ($25,000) of stock shall have been subscribed for, ten dollars ($10.00) on each share shall at once be paid in cash to said commissioners, and thereupon said commissioners shall at once cause notice to be given to the subscribers, by publication in a newspaper published in the town of Buena Vista one time, for five days prior to the time appointed for the meeting of the subscribers, requiring them to assemble at the time and place to be designated in the publication, to organize this corporation and to elect a Board of Directors; on the assembling of the subscribers, or as many of them as may choose to attend, in person or by written proxy, they shall proceed to hold an election for the first Board of Directors, which shall consist of not less than five (5) nor more than nine (9) for this corporation, under the supervision of said commissioners, who shall declare the result of said election, and turn over to the board so elected the money subscribed on account of said stock, the charter and subscription lists, and thereupon this corporation will be organized. All subscriptions to the capital stock shall be binding upon the subscribers, and upon their heirs, assigns, and legal representatives, and shall be payable at such times, and in such installments as the directors may require, the Board of Directors giving at least one notice in a public gazette published in the town of Buena Vista ten days prior to the day fixed for the payment of such installments; and if any stockholder shall fail to pay such installment, so called for, twenty days after the time designated in such call, his stock shall be in default, and the Board of Directors shall cause the same to be sold out to the highest and best bidder for cash on the first Tuesday of any month, before the court-house door in Buena Vista, during the legal hours of sale, by an auctioneer, if necessary, upon such notice and advertisement as may be deemed proper by the board; and said stock may be bought

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in, by and for said corporation, and be reissued to some other subscriber upon his paying up the value of the same, including the amount of the call, the delinquent stockholder receiving the amount of the surplus, if any, which said defaulted stock may bring at such sale, over and above the expenses incident upon the sale. Advertisement charges shall be made good to said corporation, by said delinquent stockholder. A new certificate of stock shall be issued to the purchaser, and he shall stand in the same relation to the said corporation as the delinquent would have done had he not so made default. Each stockholder shall be entitled to one vote for each share of stock standing in his or her name, in all elections for directors, including the organization meeting, or in any convention of stockholders; and such vote may be given in person or by ballot, at any election (including the organization meeting), and a plurality of votes shall elect. Books of subscription. Organization. Payments for stock. Votes of stockholders. SEC. IV. Be it further enacted, That the corporate powers of said corporation shall be vested in and exercised by the Board of Directors, who shall serve one year, and until the election of their successors, and who shall choose out of their own number a president and a cashier, and shall have power to fill any vacancies which may occur in said board, and fix the salaries of the president and cashier, requiring of the cashier and president such bond and security as may be deemed by said board proper to secure the faithful discharge by them of their duties and of the trusts reposed in them. Said Board of Directors shall have power to make by-laws for the management of the affairs of said corporation, and do all things necessary for the protection of its interest, in conformity with the provisions of this Act, subject to revision, modification or repeal, by the stockholders, in meeting or convention assembled. The directors shall have power to declare dividends out of the earnings of said corporation; provided no dividends shall be declared until the earnings are sufficient to pay the same after deducting all expenses and losses, an dafter placing at least ten per cent. of such net earnings, annually, to a permanent surplus fund, until such surplus fund shall be equal to twenty (20) per cent. of the capital paid in, after which time at least five per cent. of the net earnings shall be added to the surplus fund annually. No person shall be eligible as a director who does not own, in his own name, at least (5) shares of the stock unpledged and unincumbered, and whenever it shall become known to the board that any director has ceased to be the owner of five (5) shares of stock unpledged and unincumbered [Illegible Text] aforesaid, the board shall, as soon as possible thereafter, declare such person to be no longer a director, and shall fill such vacancy in the board. The Board of Directors shall consist of not less than [Illegible Text] nor more than nine, a majority of whom shall constitute a quorum for the transaction of business. Certificates of stock shall be issued to the stockholders in such form and transferred in such manner as the directors may prescribe, but no transfer or assignments of shares shall operate to release any stockholder from any obligation to the corporation without the consent of the Board of Directors. The regular annual meeting of stockholders for the election of

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directors shall be held at the principal office of the corporation in Buena Vista, Georgia, on the second Tuesday in January of each year; but if no election be held on that day, it may be held on any subsequent day by the Board of Directors, notice once a week for four weeks having been given in a newspaper published in the town of Buena Vista, and if the Board of Directors should, within thirty days after said second Tuesday in January, fail to make a call for the meeting for election as above, then, the stockholders representing two-thirds of the shares, may do so on same notice as above. Directors and officers. By-laws. Dividends. Surplus. Stock to be owned by directors. Number and quorum of directors. Transfers of stock. Stockholders meetings, etc. SEC. V. Be it further enacted, That the Singleton Banking Company shall have power and authority to receive money on deposit and to issue certificates of deposit on any terms agreed on; to loan and borrow money, and to receive, make and give therefor such securities as may be considered best; to make advances on real or personal property, or both, for any period that may be agreed on by the borrower in writing, at any rate of interest not exceeding the highest rate allowed by law, and may charge such interest for the full period of the loan and collect the same, together with the principal, without the rebate or discount, by annual or monthly installments, the borrower executing his note, draft or other written contract for such installments of principal and interest as aforesaid; to invest the funds in such manner and upon such terms as it may deem best, and to transfer its property at pleasure; to lend its money on real and personal property, and to charge therefor such rate of interest as may be agreed on; provided , the same does not exceed the rate allowed by law; to buy, sell, discount or collect promissory notes, bills of exchange, bills of lading, contracts, claims, receipts, rents, choses in action of any kind whatsoever, mortgages, stocks, bonds, securities and evidences of all debts generally; to buy, sell, rent, improve, mortgage, lease, manage or otherwise to have, hold, operate in or control any real or personal property in this or any of the United States; to receive deposits of money for investment purposes, on terms agreed on, and to issue receipts or certificates therefor; to negotiate, buy or sell for others stocks, bonds, bills of exchange, promissory notes, rents, mortgages, choses in action, securities and personalties of all kinds, and real estate in this or any State or Territory of the United States; to advance and loan money on the same, and to negotiate advances and loans upon the same, and invest funds for others generally, upon such terms and conditions as may be agreed upon, by and between said corporation, and those with whom it may deal; to receive money on deposit, under such requirements and regulations as may be prescribed by the Board of Directors, not inconsistent with the laws of this State or the United States, paying therefor such interest as may be agreed upon; to do a general banking, exchange, savings bank, loan and trust company business, and to do all acts as may be considered by it advisable and best for carrying on the same. Banking powers, etc. SEC. VI. Be it further enacted, That married women and minors shall be competent to make deposits with said corporation of

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money or otherwise, and their check or receipt for the same shall be a sufficient discharge to said corporation, and any contract provide by them with said corporation, in course of business with said corporation, as to said deposits, shall be valid and binding in law, and said deposits shall not be subject to the claims, control or debts of the husband respectively of such married women, or the parents or guardians respectively of such minors. Deposits by married women and minors. SEC. VII. Be it further enacted, That said corporation shall have its principal office in the town of Buena Vista, Georgia, but may do or transact its business within its corporate scope anywhere within the United States of America, and the Board of Directors shall have power to establish agencies for the transaction of the business of said corporation at any place or places within the State of Georgia or elsewhere that it may deem advisable, and may appoint such agents or officers and delegate to them such powers as may be necessary for the business of such agencies or branches. Principal office and agencies. SEC. VIII. Be it further enacted, 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 each 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 and stockholders for debts of corporation. SEC. IX. Be it further enacted, That the powers, franchises and privileges granted by this Act to said corporation shall not be repealed or changed so as to effect its power faithfully to execute and carry out any trust held by or contracts entered into by said corporation, or so to injure any interest committed to its care and management, without the consent of all the stockholders, creditors and persons interested. Powers, etc., not to be repealed or altered so as to affect trusts, etc. SEC. X. Be it further enacted, That this charter shall be of force and effect for the term of fifty years from the date of the organization of said corporation. Term of charter. SEC. XI. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and they are, hereby repealed. Approved December 29, 1890.

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INCORPORATING THE BANK OF HELENA. No. 256. An Act to incorporate the Bank of Helena, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That J. E. D. Shipp, G. W. Shipp, Thomas M. Adams, Thomas Harrold, J. B. Shipp and Tom Eason, and such other persons as may be associated with them and their successors and assigns, are hereby constituted a body corporate under the name of the Bank of Helena, to be located in the city of Helena, Telfair county, Georgia. Corporators. Corporate name and location. SEC. II. Be it further enacted, That the capital stock of said bank shall be fifty thousand dollars, with the privilege of increasing the same to any amount not exceeding one hundred thousand dollars; said stock to be divided into shares of one hundred dollars each. Certificates of stock shall be issued to each stockholder truly representing his or her interest in the company, and all sales and transfers of stock in said bank must, in order to be valid, be made on the books of the company by the owner of the stock or by his or her lawfully appointed attorney in fact. Capital stock. Transfers of stock. SEC. III. Be it further enacted, That when fifty thousand dollars shall be subscribed and paid in, on account of subscriptions to stock, then the subscribers shall be and become a body corporate and politic, with continued succession under the name of the Bank of Helena, and by that name shall exercise corporate powers and be competent to contract and be contractod with, sue and be sued, plead and be impleaded in any court having jurisdiction of the subject matter involved; and shall be capable of purchasing, holding and selling real and personal property in the safe prosecution of the business of said bank, and shall have power to make and use a corporate seal, and do all acts and things, and to pass and enforce all such rules and regulations as may be necessary and proper to carry into effect the objects and purposes of this Act, and the business of said corporation; provided , said rules and regulations are not inconsistent with the laws of this State and of the United States. General powers. SEC. IV. Be it further enacted, That the directors of said bank may on the first Monday in January and July of each year, declare a dividend of so much of the net profits as they shall deem expedient, but before declaring such dividend they shall carry one-tenth of its net profits of the preceding half year to the surplus fund, until the surplus fund shall amount to twenty per centum of the capital stock; and thereafter the amount carried to the surplus fund shall be discretionary with the directors. 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

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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. Dividends. Surplus. Liability of corporation and stockholders for debts of corporation. SEC. V. Be it further enacted, That the powers of this company shall be exercised by a Board of Directors of not less than five no more than nine persons, to be chosen as hereinafter provided, who shall elect from their number a president; said directors shall also elect a cashier and appoint, from time to time, or at any time, such other officers or agents as in their judgment the business may require, fix their compensation, dismiss them, and take bonds from persons so elected or appointed in such sum as they may deem proper for the faithful execution of their duties. The directors of the company shall be elected upon the first organization upon a call of a majority of the incorporators, of which organization each stockholder shall have written notice five days before the same, and annually thereafter on the first Thursday in October of each year, and the directors shall continue in office until their successors are elected and qualified. A majority of said directors shall have power to act at all the meetings of the board, and to fill any vacancies that may occur in the board. Each stockholder shall be entitled at all elections of directors of said company to one vote for each share of stock held by him, whether in his own right or in any fiduciary capacity; he may vote either in person or by proxy, under written power of attorney. If for any reason said election of directors is not held on the first Thursday in October, then any number of the stockholders of said company, representing one-third of the whole number of shares of said company, may call a meeting by giving written notice to every stockholder five days in advance of the day of said meeting, or by giving five days' notice in the nearest newspaper to said bank of the day of said election. No election shall be valid unless a majority of the whole stock is represented at such stockholders' meeting. Directors and officers. Votes of stockholders. Failure to elect directors at regular meeting. SEC. VI. Be it further enacted, That said corporation shall have power to receive money on deposit, to loan and borrow money to take and give therefor such securities as may be considered best, to purchase and discount notes and bills of exchange, to act as agents for borrowers, to secure loans for them on real estate or other security, and charge a commission for negotiating same, and to do all other acts it may deem advisable for the safe keeping and secure and profitable investment of its funds. Banking powers, etc. SEC. VII. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 29, 1890.

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INCORPORATING THE CLARK BANKING COMPANY. No. 258. An Act to incorporate the Clark Banking Company of Covington, Georgia, to grant certain privileges thereto, and for other purposes. SECTION I. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That W. C. Clark, O. S. Porter, J. W. Brown, J. M. Pace, Jno. F. Henderson, T. C. Swann, D. A. Thompson, Jr. and J. G. Lester, of the county of Newton be, and they are, hereby constituted and appointed commissioners to open books of subscriptions to the capital stock of the company by this Act to be incorporated and located in the city of Covington in this State, to be called the Clark Banking Company, Said commissioners or any two of them are hereby authorized to keep open said books for such time as they think proper, in the city of Covington, and also, if they deem expedient, in the city of Atlanta, Georgia, and receive subscriptions to any amount, not exceeding two hundred and fifty thousand dollars, in shares of one hundred dollars each, whereof ten per cent. shall be paid to said commissioners at the time of subscription. All such subscriptions shall be binding upon the subscribers, respectively, and their heirs and legal representatives, and be payable in such installments and at such times as the Board of Directors of said corporation shall prescribe. Subscriptions to stock. SEC. II. Be it further enacted, That when the subscription authorized by the first section of this Act shall amount to sixty thousand dollars, and fifty per cent. thereof shall be paid to said commissioners, then the subscribers shall be and become a body corporate and politic, with continued succession, under the name of the Clark Banking Company of Covington, and by that name shall exercise corporate powers, and be competent to contract and be contracted with, sue and be sued, plead and be impleaded in any court having jurisdiction in the subject-matter involved, and shall be capable of receiving, purchasing, holding, owning and using property of every description, and of alienating, conveying, leasing, mortgaging or otherwise disposing of the same in any manner that a natural person might lawfully do. Said corporation shall have power to make and use, renew and alter at pleasure, a corporate seal,

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and to do all acts and things necessary or proper to carry into effect the object and purposes of this Act, and the business of said corporation, not inconsistent with the laws of this State or of the United States. Corporate name and general powers. SEC. III. Be it further enacted, That when the commissioners, who may act to receive subscription, as provided for by the first section of this Act, shall have received thirty thousand dollars in cash, on account thereof, they shall cause notice to be given to the subscribers, by advertisement, in at least one newspaper published in the city of Covington and elsewhere, if they see fit, two consecutive weeks prior to the time appointed for the meeting of the subscribers, requiring them to assemble at the time and place to be designated in the publication, to organize and elect a Board of Directory. On the assembling of the subscribers, or such of them as may choose to attend, the commissioners, who may act, shall proceed to hold an election by ballot for such number of directors of the company as the subscribers present at such meeting shall determine; and no person shall be a director of said company who shall not be a stockholder in his own name and right to the extent of five shares or upwards. All stockholders, at all elections of the company and in all matters pertaining to the interest of the company acted on in convention, shall be entitled to one vote for every share of stock owned, and may vote in person or by proxy in writing. Executors and administrators shall be entitled to control the rates to which the testator or intestate would be entitled, if living, and the stock of minors may be represented by their guardian; that the commissioners who may act (any two or more named in the first section of this Act) shall be judges of the first election of directors, and shall receive and count the vote and ascertain the result and certify accordingly, and the certificate of two or more of said commissioners, who may act, shall be sufficient evidence of the election of persons declared by them to be elected. After the election of said directors the commissioners shall deliver to the Board of Directors chosen all moneys and credits in their hands, and the subscription books to the stock of said company, and an account of all their actions and doings as such commissioners; whereupon their functions shall cease. Organization. First election of directors, etc. SEC. IV. Be it further enacted, That the first and all subsequent Boards of Directors shall be elected to serve for one year, or until the election of their successors, and each board shall choose one of their own number as president, who shall act as president of the company, and shall be styled and shall hold

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the office of president until the election of a successor. Every Board of Directors shall have power to fill all vacancies which may occur in the office of president or director, and may appoint from their own body, or from the body of stockholders, a vice-president, to assist the president and serve as president of the company during the absence of the regular president. Directors and officers. SEC. V. Be it further enacted, That the Board of Directors shall consist of five members; provided , that the company, at any meeting held for the election of directors, may by vote enlarge or diminish the number for the current year. A majority of directors at the time of meeting, including the president or president pro tem. , shall constitute a board for all purposes, which shall have power to enact all by-laws which may be deemed necessary and proper for the business of the company, and may amend and fix the same, and may exercise all the powers granted by this Act to the company to be organized under it, and may confer on the president and other officers to be appointed such powers as may be deemed proper, consistent with this Act; and may appoint all such officers and agents as the board may deem necessary and proper for the business of the company, and fix the rate of their salary or compensation, and may require of any officer or agent appointed by the board such bond and security as may be deemed proper to secure the faithful discharge of duty and trust of such officer or agent, and may declare and pay, or cause to be paid, to the stockholders, at such time and manner as they may think proper, dividends from the earned profits of the company; provided , always, that the stockholders in convention shall have powers conferred on Board of Directors to repeal, alter or amend any by-laws which may be enacted or established by the Board of Directors. Number and quorum of directors. Powers of. Dividends. Stockholders may repeal, alter, etc., by-laws. SEC. VI. Be it further enacted, The Board of Directors shall have power, from time to time, to prescribe and regulate the manner in which the stock or certificates of stock may be transferred; provided , that no stock shall be transferred, except on the book of said bank, but no transfer or assignment shall be valid or operate to release the owner thereof from any kind of obligation or debt to the corporation until the same has been paid, and said corporation shall have a lien on said stock until said obligations are paid. Transfers of stock. SEC. VII. Be it further enacted, That in case any subscriber to the stock of the company shall fail or refuse to pay any of the assessments or calls for payment which may be made by the Board of Directors within the time required, the Board of

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Directors may, at any time thereafter, proceed to enforce the payment of the entire indebtedness for subscription to stock of said defaulting subscriber by bringing suit therefor in any court of competent jurisdiction, or the stock belonging to such delinquent may, by resolution of the Board of Directors, be sold, in which case the portion previously paid in shall be forfeited to the company. Failure to pay for stock. SEC. VIII. Be it further enacted, That any number of the stockholders of the company, who own or represent at the time one-half of the actual capital stock, may, by giving twenty days' notice thereof, in at least one of the newspapers published in the city of Covington, call a meeting or convention of the stockholders of the company, at such time and place in the city of Covington as may be in said call designated; but no act of the stockholders in convention shall be valid or binding on the company unless a majority of the stockholders in value shall be represented. Called meetings of stockholders. SEC. IX. Be it further enacted, That the said corporation shall have power and authority to receive deposits and issue certificates for the same, paying such rates of interest as may be agreed upon, and under such rules and regulations as said corporation may establish. Deposits. SEC. X. Be it further enacted, That said corporation shall have power to receive money on deposit, paying therefor such lawful interest as may be agreed upon; to loan and borrow money: to take and give therefor such securities as may be deemed best; to invest its funds upon such terms as shall be deemed best, and transfer its property at pleasure; to purchase and discount notes and bills of exchange, and to do all other acts it may deem advisable for the safe keeping and secure and profitable investment of its funds. Banking powers, etc. SEC. XI. Be it further enacted, That said company shall have the power to take charge of, management of, or custody of, and to receive on storage or deposit for safe keeping, or for shipment, goods, wares or merchandise, bullion, specie, freight, stocks, bonds, choses in action, certificates and evidences of debt and title and other personal property; to guarantee the payment or collection of promissory notes, bills of exchange, bonds, choses in action, and the punctual performance of all contracts, obligations, and to advance and loan money, securities and credit on personal property, and the faith and security thereof, and to transact and carry on all kinds of business usually transacted by warehousemen or safety deposit companies, and to collect and receive the usual and customary rates of

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storage and rents for boxes and other property, together with charges and expenses incurred in the receipt and delivery or custody of merchandise or other property received by or stored with said company, together with all advances thereon. Said business above mentioned shall be done upon such lawful terms and conditions as may be agreed upon by the parties or established by said directors. Safety deposits. Guaranty powers,etc. SEC XII. Be it further enacted, That said corporation may establish branches or agencies in such cities and towns as the directors shall determine, for the transaction of business, which shall at all times be under the control of the Board of Directors. Branches or agencies. SEC. XIII. Be it further enacted, 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 ranks with all other creditors upon the capital, property and assets of said bank. Liability of corporation and stockholders for debts of corporation. SEC. XIV. Be it further enacted, The said Clark Banking Company, of Covington, shall make semi-annually to the Governor of the State a correct and sworn statement of their affairs as other banks in this State. Returns to the Governor. SEC. XV. Be it further enacted, That this Act and all the privileges and powers herein granted shall continue in force for the term of fifty years from and after the organization of the company, which may be organized under this Act, and the property, funds and business transactions of said company during its existence shall be subject to the same rate of taxation as is or may be imposed by law on money or property of the same kind and similar transactions of individuals as like corporations or citizens of this State. Term of charter. Taxation. Unless sixty thousand dollars subscribed or paid in within five years charter forfeited. SEC. XVI. Be it further enacted, That it the sum of sixty thousand dollars be not subscribed or actually paid in within

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five years after the passage of this Act, then all the privileges hereby and herein granted shall be forfeited. SEC. XVII. Be it further enacted, That all Acts and parts of Acts inconsistent with this Act are hereby repealed. Approved December 29, 1890. INCORPORATING THE CITIZENS' BANKING AND TRUST COMPANY. No. 260. An Act to incorporate the Citizens' Banking and Trust Company of Thomasville, and to grant certain powers and privileges to said corporation. 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. Mitchell, P. A. McIntosh and Chas. P. Hansell, and such other persons as may hereafter be associated with them, and their successors and assigns, are hereby made a body corporate and politic, with continuous succession under the name and style of The Citizens' Banking and Trust Company of Thomasville, Ga., and by said name shall have power to contract and be contracted with, sue and be sued, plead and be impleaded; to receive, purchase, own, hold and use property of any and all description and to alien, convey, lease, mortgage and otherwise dispose of the same, in any manner that a natural person may lawfully do. Said company may make, alter, renew and use a corporate seal; make by-laws for its government, and, in general, to do all acts and have all the powers usually incident to corporations and necessary for the execution of the powers herein conferred. The principal office and place of business of said corporation shall be in Thomasville, Ga. Corporators. Corporate name and general powers. Location. SEC. II. Be it further enacted, 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 same to any amount not exceeding three hundred thousand dollars. Said company is hereby authorized to commence business so soon as twenty-five thousand dollars shall have been paid in cash. After said amount has been paid in, the Board of Directors shall call in the balance of the stock in such installments as they may see fit, and at such times as they may fix. Capital stock. Beginning business, etc.

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SEC. III. Be it further enacted, That the persons named in the first section of this Act, or a majority of them, are hereby appointed commissioners to open books of subscription to the capital stock of said company, at such times and places as may seem to them best; and so soon as twenty-five thousand dollars shall have been paid in on said stock, the said commissioners shall call a meeting of the subscribers to the capital stock by giving ten days' notice in writing to each subscriber, of the time and place of such meeting; at which meeting, a majority of the stock being represented in person or by proxy duly appointed in writing, an election shall be held for a Board of Directors, to consist of not less than five nor more than nine, as the subscribers may determine, who shall serve for one year, or until their successors are elected and qualified. In said first election and in [Illegible Text] subsequent elections, and on all questions which may come before any meeting of stockholders, each share of stock shall entitle the owner thereof to one vote. The commissioners shall turn over the books of subscription and all moneys collected by them to the Board of Directors so elected, together with this charter, and thereupon this company shall be organized. All subscriptions to the capital stock of said company shall be binding upon the subscribers, their heirs, assigns and legal representatives, and shall be payable in such installments and at such times as the Board of Directors may require, ten days' notice of the time of payment and the amount called in being given in writing or by publication, in a newspaper published in Thomasville, Ga., in each instance. Any subscriber who shall fail to pay any installment, so called, in within thirty days from the time fixed for said payment shall be considered in default, and the Board of Directors shall declare his stock forfeited to the company and may sell the same at public outery to the highest bidder on the first Tuesday in any month subsequent to such default, at the place of business of said company, the proceeds of said sale to go first to the payment of all expenses, including attorneys' fees, if any; and all past due installments, the surplus, if any, to be paid to the defaulting subscriber, or the company may, if it sees fit, sue such subscriber on his subscription in any court having jurisdiction, the said company having the right at any sale of stock to buy the same for said company, and to reissue or retire said stock as to them may seem best. All installments of stock over thirty days past due shall bear interest at eight per cent. per annum from the date when due. Books of subscription. Organization, etc. Stock subscriptions. Failure to pay.

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SEC. IV. Be it further enacted, That the corporate powers of said company shall be vested in and exercised by the Board of Directors, whose term of office shall be one year and until their successors are elected and qualified. Said board shall choose out of their own number a president and a vice-president, and shall elect a cashier and provide for the appointment of such other employes, agents and servants as may be necessary, and the terms and conditions upon which they are to be employed, and fix their salaries and compensation. The Board of Directors shall have power to pass by-laws for the government of the affairs of said company; to declare dividends from the net profits of each year or half year; to decide upon the amount to be carried to the surplus fund each year, in no case less than ten per cent. of its net earnings per annum, until the surplus shall be equal to fifty per cent. of the capital stock paid in, no person shall be a director who does not own in his own name at least five (5) shares of the capital stock of said company. A majority of said board shall be residents of Thomas county, Georgia. Certificates of stock shall be issued to each stockholder, truly representing the number of shares owned by him, and shall be transferable only on the books of said company by the owner or his duly appointed attorney in fact; but no transfer shall be lawful or operate to release any stockholder from any obligation to said company without the consent of said Board of Directors. The Board of Directors shall fix the date of the annual meeting of stockholders and the election of directors Directors and officers. By-laws. Dividends. Surplus. Director must own at least five shares of stock, etc. Certificates of stock. Transfers. Annual meetings of stockholders. SEC. V. Be it further enacted, That any number of persons owning two-fifths of the stock of said company may called meeting of stockholders at such time as they see fit, after giving twenty days' notice of the time and place of such meeting, in a newspaper published in Thomasville, Georgia, but no business shall be transacted at said meeting except such as is specified in said call. The Board of Directors may call meetings of the stockholders whenever they deem it necessary. Called meetings. SEC. VI. Be it further enacted, That the said company shall have power to receive money on deposit (and to issue certificates of deposit, demand or time) on any terms that may be agreed on; to loan and borrow money, and to take and give therefor such securities as may be considered best; to make advances on real and personal property or both; to invest the funds in such manner and upon such terms as it may deem best, and to transfer its property at pleasure; to receive valuables or other articles of personal property of any sort or kind, including certificates of stock, securities and other evidence of

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the same or of titles thereto on deposit for safe keeping from any person, including executors, administrators, guardians, trustees, receivers, corporations, public and private officers and all other fiduciaries, charging and receiving such compensatien therefor as may be mutually agreed upon; to deal in precious metals, foreign and domestic exchange; to buy, sell, discount or collect promissory notes, bills of exchange, bills of lading, contracts, claims, receipts, rents, choses-in-action of every kind, mortgages, bonds, stock securities and evidences of debt generally; to buy, sell, rent, improve, mortgage, lease, manage or otherwise to have, hold, operate in or control any real or personal property in this or any other State or Territory of the United States; to receive deposits of money for investment purposes on terms agreed on, and to issue receipts or certificates therefor; to negotiate, buy or sell for others stocks, bonds, bills of exchange, promissory notes, rents, mortgages, choses-in-action, securities and personalty of all kinds, and real estate in this or in any other State or Territory of the United States; to advance and loan money on the same; and to negotiate loans and advances upon same, and invest funds for others generally upon such terms and conditions as may be agreed on by and between said company and those with whom it may deal; to receive from persons or corporations, mortgages or deeds conveying property, real or personal, in trust to said company, securing negotiable notes and bonds, with or without coupons, not bearing a greater interest than the highest contract rate allowed by law in this State, upon such terms and subject to such powers, conditions and limitations as may be agreed on or be required by the by-laws or by the Board of Directors of said company, and not in conflict with the laws of this State and which terms, powers, limitations and conditions shall be made and subscribed by the persons and corporations so executing and delivering such mortgages or deeds in trust, and to sell or negotiate such notes or bonds so secured; or allow them to be sold or negotiated by such persons or corporations so executing and delivering same on such terms as may be agreed upon; to execute and issue its own debentures, bonds or other evidence of debt, bearing interest not exceeding the highest contract rate allowed by the laws of Georgia, singly or in series, or classes of any denomination, properly secured, upon property placed with said company for said purposes or upon property owned or held by it; to execute and to issue, demand, receive and enforce all such receipts, certificates, contracts, bonds or other instruments or

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writings, as may be necessary for the transaction of its business; to receive savings on deposit under such requirements and regulations as may be prescribed by the Board of Directors as are not inconsistent with the laws of this State of the United States, paying therefor such interest as may be agreed upon; to loan money on long time and calculate the interest for the whole time and take notes for monthly installments without reduction of interest, if the party shall so agree; to do a general banking, exchange, savings bank, loan and trust company business; and to do all such acts, as may be considered by it advisable and best for carrying on the same. Banking powers, etc. SEC. VII. Be it further enacted, That said company shall have power to act as fiscal agent for the State of Georgia, or for any other State, or for any county, city, town or municipality whatsoever, for negotiating, issuing, registering, selling or conntersigning bonds, coupons, certificate of stock or other obligations, and generally for managing such business for such corporation as may be agreed on, and may act as receiver or assignee, or in any other fiduciary capacity when appointed by the proper legal authority. Fiscal agent. May be receiver, assignee, etc. SEC. VIII. Be it further enacted, That married women and minors shall be competent to make deposits with said company of money or other things of value, and their checks or for same shall be a sufficient discharge to said company; and any contract made by such persons with said company, in course of business with said company as to said deposits, shall be valid and binding in law, and such deposits shall not be subject to the claims, control or debts of the husbands of such married women, or the parents or guardians of such minors, respectively. Deposits by married women and minors. SEC. IX. Be it further enacted, That said company may establish agencies for the transaction of business in any of the cities of this State or any other State or Territory of the United States, and may appoint agents and confer such powers upon them as the Board of Directors may deem advisable and may be necessary for the transaction of the business of said company at such agency. Agencies. SEC. X. Be it further enacted, 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

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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 ereditors upon the capital property and assets of said bank. Liability of corporation and stockholders for debts of corporation. SEC. XI. Be it further enacted, That this charter shall be of force for fifty years from and after its passage. Term of charter. SEC. XII. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 30, 1890. INCORPORATING THE BANK OF CALHOUN. No. 261. An Act to incorporate the Bank of Calhoun, and for other purposes therewith connected. 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 B. G. Boaz, C. C. Harlan, W. E. Ferguson, J. M. Ballew, N. J. Boaz, W. A. J. Robertson, H. F. Ferguson, Wm. M. Trimmier, W. L. Hines, J. M. Harlan, W. R. Rankin, Walter L. Race and Daniel Livermore, and such other persons as may hereafter become associated with them, and their successors and assigns, shall hereafter be a body politic and corporate, with continuous succession, under the name and style of The Bank of Calhoun, and by said corporate name shall be competent in law to sue and be sued, plead and be impleaded, in any court having jurisdiction over the subject-matter involved; to receive, purchase, own, hold and use property of all descriptions, which may be necessary and proper for its purposes as a bank of discount and deposit, and alien, convey, lease and mortgage, and otherwise dispose of same in any manner that a natural person might lawfully dispose of similar property. Said corporation shall have power to make, use,

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renew and alter at pleasure a corporate seal; make by-laws not inconsistent with the laws of this State or of the United States, and to do all acts and things necessary and proper to carry into effect the object and purposes of this Act, and to exercise in general all the powers incident to corporations and necessary and proper for the transaction of the business for which it is incorporated. The office and place of business of said corporation shall be in Calhoun, county of Gordon, in this State. Corporators. Corporate name and general powers. SEC. II. Be it further enacted, That the capital stock of said corporation shall be twenty-five thousand dollars, to be divided into shares of one hundred dollars each; but said corporation shall have the power, after said stock shall have been paid up, to increase its said capital stock, from time to time, to any sum not to exceed one hundred thousand dollars, whenever it may be deemed expedient by the stockholders in meeting assembled, by a vote of two-thirds of the entire stock of the corporation voting in favor of such increase. Said corporation is hereby authorized to commence business as soon as the twenty-five thousand dollars capital stock shall have been subscribed for by solvent parties and twenty-five per cent. of the same shall have been paid in; and the Board of Directors shall be authorized to call in the balance of said capital stock in such installments and at such times as may be deemed necessary by the board; provided , any subscriber shall have the right to pay up his subscriptions at any time he may see fit. Capital stock. Beginning business. SEC. III. Be it further enacted, That said corporation shall have power to receive money on deposit; to loan and borrow money; to take and give therefor such securities as may be deemed best; to purchase and discount and collect notes and bills of exchange, and to do all acts in a general banking business and all acts that it may deem advisable for the safe keeping and secure and profitable investment of its funds. Banking powers, etc. SEC. IV. Be it further enacted, That the total liabilities to said bank of any person or any company, corporation or firm, for money borrowed, including in the liabilities to said bank of any company, corporation or firm the liabilities of the several members thereof, shall at no time exceed one-tenth part of the capital stock of said bank paid in; but the discount of bills of exchange drawn in good faith, and the discount of commercial paper actually owned by the person negotiating the same, shall not be considered as borrowed money. Limitation upon right to lend money, etc. SEC. V. Be it further enacted, That the directors of said corporation may semi-annually declare a dividend of so much

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of the net profits as they shall deem expedient, but before declaring such dividend they shall carry one-tenth of the net profits of the preceding half year to its surplus fund, until the same shall amount to twenty-five per cent. of its capital stock, and after that time it shall be discretionary with the Board of Directors as to what amount, if any, is placed to the surplus fund; but it shall not be lawful for them to create or accumulate a surplus of profits exceeding one hundred per cent. of their paid in capital stock. 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 corporations 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. The rights and privileges herein by this charter granted shall be valid and in effect for fifty years. Dividends. Surplus. Liability of corporation and stockholders for debts of corporation. Term of charter. SEC. VI. Be it further enacted, That the Board of Directors shall issue to each stockholder certificates of stock truly representing his or her interest, and such stock shall be held bound to the bank for any dues or other indebtedness by said stockholder to the bank, and a lien is hereby declared upon the same in favor of the bank superior to all other liens, which may be foreclosed upon the same as a mortgage upon personal property and sold in the same way, and no stockholder who may be indebted to said bank, either as principal, or security, or indorser, shall, without the consent of the president and directors of the bank, sell or transfer his or their stock; and all sales or transfers of stock in said bank must, in order to be valid, be made on the books of the bank by the owner of the stock, or his lawfully appointed attorney in fact, under such rules and regulations as may be declared by the by-laws of the bank, and any other transfer is void as against the company. Certificates of stock. Stock transfers. etc. SEC. VII. Be it further enacted, That the business and corporate powers of said bank shall be exercised by a Board of

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Directors, composed of seven stockholders, five of whom, at least, shall be citizens of this State, and all of whom shall own stock in his own right and name, and one of said seven shall be elected president; said board shall have the right and power also to elect from the board a vice-president; also the right to elect a cashier, and such other officers as the interest and business of said bank may require. Directors and officers. SEC. VIII. Be it further enacted, That said Board of Directors shall make and declare by-laws for their government in the management of the business of the corporation, fixing the meeting of said board and the salaries of its officers; and said Board of Directors shall have the right to appoint or remove any officers or agent of the corporation at any time they may see fit. A majority of said directors at any regular meeting shall constitute a quorum for the transaction of business. By-laws, etc. Quorum of directors. SEC. IX. Be it further enacted, That the parties named in the first section of this Act, or a majority of them, their successors or assigns shall, and they are, hereby appointed commissioners to open books of subscription to the capital stock of said bank at such time and place, and for such amounts and to such persons as they or a majority of them may determine. The directors of said bank shall be elected by a majority in interest of the stockholders of said bank voting at said election, under the inspection of said commissioners, at such place as they may designate, within twenty days from the closing of said subscriptions called for by them, and on the second Wednesday in January, annually thereafter. No election shall be valid when a majority of the whole stock is not represented; and in any election for directors, and in all questions that may come before any convention of stockholders, each share of one hundred dollars of stock shall entitle the owner to one vote; and it shall be the duty of the president of said bank to prepare and lay before the stockholders thereof semi-annual statements of the business and condition of the bank, its assets and liabilities, and to make such returns under oath to the Governor of this State, as are required by law to be made. Vacancies occurring in the Board of Directors at any time other than at the annual elections shall be filled by the Board of Directors. Books of subscription. Elections of directors, etc. Votes of stockholders. Statements and returns. Vacancies. SEC. X. Be it further enacted, That in case any subscriber to the stock of the company shall fail or refuse to pay any of the assessments or installments of the capital stock which may be called for by the commissioners or Board of Directors, the board may at any time thereafter proceed to enforce the payment of the entire indebtedness for subscription to stock of

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such defaulting subscriber by bringing suit thereon in any court having jurisdiction of the same, or the stock of such delinquent subscriber may, by resolution of the Board of Directors, be sold on terms prescribed by such resolutions and in a way prescribed therein, after thirty days' notice in writing to the delinquent. Failure to pay for stock. SEC. XI. Be it further enacted, That the cashier, who may also be a director, shall be elected by the Board of Directors, and shall give such bond in such sum as they may require. It shall be the duty of the cashier to keep safely all moneys, notes, bonds, bills or other property committed to his care in the course of business, and he shall have power to bind the company by signing checks, receipts or certificates of deposit in conducting the business of the bank. Cashier. SEC. XII. Be it further enacted, That said corporation shall have authority to loan money on real estate or such other security as the Board of Directors may accept, at any rate of interest that may be agreed on in writing, not in excess of the highest rate fixed by law, and it may also make loans for any time agreed on, and charge interest for the whole time, and include the same in the note or notes, or other security given therefor, and collect the same by monthly installments or otherwise, without any rebate of interest thereon, if the debtor will so agree. Loans and interest. SEC. XIII. Be it further enacted, That married women and minors shall be competent to make deposits with said corporation of money or otherwise, and their check or receipt for the same shall be a sufficient discharge to said corporation, and any contract made by them with said corporation in course of business shall be valid and binding in law, and such deposits shall not be subject to the claims, control or debts of the husbands, respectively, of such married women, or the parents or guardians of such minors. Deposits by married women and minors. SEC. XIV. Be it further enacted, That said bank shall have power to receive money in trust; shall have power to accept and execute trusts of every description which may be committed to it by any order or decree of any court, and shall have power to accept by grant or assignment, transfer, devise or bequest, and hold any real or personal estate or trust created in accordance with the laws of this State, and to execute such legal trusts on such terms as may be declared, established or agreed upon in regard thereto, and said bank is hereby authorized to act as trustee or assignee in this State, and funds in litigation in the various courts of this State may be received

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on deposit by said bank bearing such interest as may be agreed on. Trusts, etc. SEC. XV. Be it further enacted, That in all cases of loans upon real estate or other property as security, the said corporation shall have the right to charge such sum in addition to interest, not in excess of the lawful rate, as may be agreed upon by the borrower and the corporation, for the expenses of investigating and abstracting titles, inspecting and reporting on property offered as security; and any claimant of interest paid in excess of the lawful rate to said corporation shall bring his suit for such interest within six months from the time such interest or discount is paid to said corporation, or the right of said claimant to recover the same shall be forever barred. Charges for Investigate [Illegible Text] titles, etc. 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 30, 1890. INCORPORATING THE BANK OF MONROE, GEORGIA. No. 262. An Act to incorporate the Bank of Monroe, Georgia, and for other purposes. SECTION I. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That G. C. Selman, J. H. Felker, H. D. McDaniel, W. H. Nunnally, O. E. Carter, T. J. Avery, C. G. Howell, B. S. Walker, C. T. Mobley and J. F. Van House, and such other persons as may become associated with them, and their successors and assigns, are hereby constituted a body corporate, under the name of Bank of Monroe, Georgia, to be located in Monroe, Walton county, Georgia. Corporators. Corporate name and location. SEC. II. Be it further enacted, That the capital stock of said company shall be fifty thousand dollars, with the privilege of increasing the same to one hundred thousand dollars (but no increase of capital stock shall be valid unless ratified by the consent, in writing, of the owners of two-thirds of the stock paid in), said stock to be divided into shares of one hundred dollars each; and when there shall be fifty thousand dollars of said capital stock subscribed, and thirty thousand dollars actually paid in in lawful money of the United States, the said company may organize and proceed to business under this Act. Capital stock. Beginning business. SEC. III. Be it further enacted, That when the subscription authorized in the second section of this Act shall be fifty thousand

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dollars or more, and when thirty thousand dollars or more, in lawful money of the United States, shall have been received by the commissioners, provided for in this Act, on account of subscription, then the said subscribers shall be and become a body corporate and politic, with continued succession, under the name of the Bank of Monroe, Georgia, and by that name shall exercise corporate powers and be competent to contract and be contracted with, sue and be sued, plead and be impleaded in any court having jurisdiction of the subject matter involved; and shall have power to take, receive, purchase and hold as security, for or in payment of any loans or advances made or otherwise, real, personal or mixed property, so far as may be necessary for the safe and convenient prosecution of the business of the said bank, as a bank of discount and deposits, and may execute and issue all such receipts, certificates, contracts, deeds or other instruments as may be necessary; and said bank shall have power to make, use, renew and alter at pleasure a corporate seal, and do all acts and things necessary or proper to carry into effect the objects and purposes of this Act and the business of said corporation not inconsistent with the laws of this State or of the United States. General corporate powers, etc. SEC. IV. Be it further enacted, That said corporation shall have power to receive money on deposit; to lend and borrow money take and give therefor such securities as may be considered best; to purchase and discount notes and bills of exchange, stock and bonds; to receive money on deposit from minors and unmarried ladies, which shall be held for the exclusive right of the depositor, free from the control or lien of all persons whatever, except creditors, and the receipt or acquittance of such minor or female shall be valid and sufficient release and discharge for such deposit, with any accruing interest so paid; to lend money for others and charge therefor commissions as hereinafter provided, and to do all acts it may deem advisable and profitable investment of the funds of said bank, and the exercise and enjoyment of its corporate powers. Banking powers, etc. SEC. V. Be it further enacted, That the total liabilities to said bank of any person, firm, company or corporation (including in said liabilities of firm, corporation or company the liabilities of the several members thereof) for money borrowed shall at no time exceed one-tenth ([unk]) part of the capital stock of said bank paid in; but the discount of bills of exchange drawn in good faith, the discount of commercial paper actually owned by the person negotiating the same, loans payable on demand, on securities convertible in open market, shall not be considered as any portion of said liabilities. Limitation upon power to lend money etc. SEC. VI. Be it further enacted that said bank shall be authorized to lend money and take as security therefor personal security, notes, mortgages and other evidences of debt of value as collateral security, and deeds to land, giving bond for titles, or to reconvey to the borrower, and make such lawful charges as may be agreed upon, in addition to the legal rate of interest, for securing satisfactory investigation of titles and necessary deeds, mortgages and liens. Loans, investigation of titles, etc.

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SEC. VII. Be it further enacted, That the business and corporate powers of said bank shall be exercised by a board of not less than five nor more than seven directors, to be chosen as herein before provided, who shall elect from their number a president, may make by-laws for their government not inconsistent herewith, fix the number of directors who shall be a quorum for the transaction of business, the day of meeting of said board and the salaries of its officers. A majority of said directors shall be citizens of this State, and each director shall be owner in his own name of not less than five shares of said stock. Said board shall have power to elect a president, vice-president and cashier and such other officers as the interest and business of said bank may require, and to dismiss any officer by a two-thirds' vote of the directors. Directors and officers' SEC. VIII. Be it further enacted, That the directors of said bank may semi-annually declare a dividend of so much of the net profits as they may judge expedient, after defraying its expenses and paying its debts, but before declaring such dividends, they shall carry one-tenth part of its net profits of the preceding half year to the surplus fund until the same shall amount to twenty-five per cent of the capital stock; and in estimating the net profits no assets shall be accounted as solvent which are six months past due, unsecured and not in process of collection, and all such insolvent debts shall be charged off before said surplus is set aside or any dividends are declared. Dividends. Surplus. SEC. IX. Be it further enacted, That the Board of Directors shall issue to each stockholder certificates of stock correctly representing his or her interest, and such shall be held bound to the bank for any dues or indebtedness by said stockholder to the company; and no stockholder who may be indebted to said bank, either as principal, security or indorser, shall, while so indebted, sell or transfer the stock held by him or her without the consent of the president and directors of said bank; and all sales and transfers of stock must, in order to be valid, be made in the register and transfer books of the bank by the owner of the stock, or his lawfully appointed attorney-in-fact; and the Board of Directors may close the transfer books, from time to time, as provided by their by-laws, as the conveniences of the bank may require. Certificates of stock. Transfers of stock. SEC. X. Be it further enacted, That the persons named in the first section of this Act, or any three of them, or their successors or assigns, shall be, and the same are, hereby appointed commissioners to open books of subscription to the capital stock of said bank, at such time and place, and for such length of time, as they may deem proper, but for no less amount of subscription than fifty thousand dollars. The directors of said bank shall be elected by a majority at interest of the stockholders thereof voting at said election, under the inspection of said commissioners, at such place as they may designate, within twenty days after the closing of the subscription called for by them, and on the first Monday in January in every year thereafter. No election shall be valid when a majority of the whole stock paid in is not represented, and in any election of directors, and in all questions that may

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come before any convention of stockholders, each share shall entitle the owner to one vote. In all elections, a stockholder may ballot by proxy as well as by themselves, and a director, when he cannot attend a meeting of the directors, may empower another to vote for him on all questions that may, or shall, come before said Board of Directors for action in his absence. Vacancies occurring in the Board of Directors may be filled by said board, and it shall be the duty of the president of said board to prepare and lay before the stockholders thereof semi-annual statements of the business and credits of the bank, its assets and liabilities, and to make such returns to the Governor of the State as is required by law. Should their be no election of directors at any annual meeting, as herein provided, the directors then in office shall continue until the next election. The minutes of the Board of Directors shall be kept in a book provided for that purpose, and signed by the president and secretary, and these minutes shall at all times be subject to the inspection of any stockholder. Books of subscription. Organization, etc., of. Votes of stockholders. Proxies. Vacancies. Statements and returns. Failure to elect directors at annual meetings. Minutes. SEC. XI. Be it further enacted, That in case any subscriber to the stock of the company shall fail or refuse to pay any of the assessments or installments of the capital stock which may be called for by the commissioners or Board of Directors, the board may at any time thereafter proceed to enforce the payment of the entire indebtedness for subscription to stock of such defaulting subscriber by bringing suit therefor in any court having jurisdiction of the same or the stock of such delinquent subscriber may, by resolution of the Board of Directors, be sold on terms prescribed by said resolution and in any way prescribed therein after thirty days' notice in writing to the delinquent. Failure to pay for stock. SEC. XII. Be it further enacted, That the cashier, who may also be a director, shall be elected by the Board of Directors and shall give such bond, in such sum, as they may require. It shall be the duty of the cashier to keep safely all moneys, notes, bonds, bills or other property committed to his care in the course of business, and he shall have power to bind the bank by signing checks, drafts receipts or certificate of deposits in conducting the business of the bank. Cashier. SEC. XIII. Be it further enacted, That said bank shall have authority to loan money on real estate or such other security as the president or Board of Directors may accept at any rate of interest that may be agreed on in writing, not in excess of the highest rate fixed by law and said bank shall have authority to allow interest on money deposits; to accept and execute trusts of every description which may be committed to it by any order or decree of any court and shall have power to accept by grant or assignment, transfer, devise or bequest and hold any real or personal estate or trust created in accordance with the laws of this State, and to execute such legal trust on such terms as may be declared, established or agreed upon in regard thereto. Loans on interest. Interest on deposits. Trusts, etc. SEC. XIV. Be it further enacted, That the company shall have a printed copy of this charter placed in a frame in their office, so that

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all persons may see the same who wish to transact business therewith. Copy of charter to be exposed in office. SEC. XV. Be it further enacted, That all capital, property and assets of said bank shall be bound for the payment of its debts, and 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 stockholders 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 said 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 further , that said liability of the stockholder 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. XVI. Be it further enacted, That said company shall have power to purchase, acquire and hold real estate, to erect a bank building and purchase safes and such other furniture as may be deemed advisable by the Board of Directors. Power to purchase, etc., realty, etc. SEC. XVII. Be it further enacted, That this charter shall continue of force for a term of fifty years. Term of charter. SEC. XVIII. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 30, 1890. INCORPORATING THE BANK OF THOMSON. No. 269. An Act to incorporate the Bank of Thomson, to confer certain powers and privileges on 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 William Williams, Thos. A. Scott, Wm. M. Pitts, John L. Holzendorf, John F. Shields, Wm. Printup, John E. Smith, Jas. T. Neal and John T. West, and their associates, successors and assigns, be, and they are, hereby constituted and declared a body corporate and politic, with perpetual succession under the corporate name and style of the Bank of Thomson, and by said corporate name may contract and be contracted with, sue and be sued, plead and be impleaded, receive, purchase, own, hold and use property of all descriptions, and alien, convey, lease and mortgage, and otherwise dispose of same in any manner that a natural person might lawfully dispose of similar property. Said corporation shall have

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power to make, use, renew and alter at pleasure a corporate seal; make by-laws not inconsistent with the laws of the land, and to do all acts and things necessary or proper to carry into effect the objects and purposes of this Act, and to exercise in general all the power incident to corporations and necessary and proper for the transaction of the business for which it is incorporated. The said corporation shall be located in Thomson, McDuffie county, of this State. Corporators. Corporate name and general powers. Location. SEC. II. Be it further enacted, That the capital stock of the corporation shall be twenty-five thousand ($25,000) dollars, with the privilege of increasing it to one hundred thousand dollars when a majority of the stock of said corporation shall be voted for said increase; said stock to be divided into shares of one hundred dollars each, and when there shall be ten thousand dollars paid in upon said capital stock, said corporation is authorized to commence business, and the Board of Directors shall be authorized to call in the balance of said capital stock in such installments and at such times as they may deem best. Capital stock. Beginning business, etc. SEC. III. Be it further enacted, That the persons named in the first section of this Act, or any two of them, or their successors or assigns, are hereby appointed commissioners, with power to open books of subscription to said capital stock at such times and places and for such length of time as they may deem best; and when twelve thousand dollars of said capital stock shall have been subscribed for, twenty-five dollars ($25.00) on each share shall at once be paid to said commissioners in cash, and thereupon the said commissioners shall cause a notice to be given to the subscribers by at least one publication in a newspaper published in Thomson, Georgia, at least five days prior to the time appointed for a meeting of the subscribers, or a personal notice, served three days before the meeting, requiring them to assemble at the time and place to be designated by the publication, to organize this corporation and to elect a Board of Directors, said board to consist of seven, each of whom shall own not less than three shares of stock in said corporation. Said Board of Directors shall be elected by a majority of the stock represented at said meeting, one vote being allowed for each share of stock. Said commissioners shall declare the result of said election, and turn over to the board so elected the money subscribed on account of said stock, the charter and subscription list, and thereupon this corporation shall be organized. All subscriptions to the capital stock shall be binding upon the subscribers and upon their heirs, assigns and legal representatives, and shall be payable at such times and in such installments as the directors may require, notice being given by at least one publication ten days before the date fixed for the payment of such installments in some newspaper published in Thomson, Georgia. If any stockholder shall fail to pay any such installment for thirty days after the time designated in said call, his stock shall be in default, and shall be sold at such time and place and in such manner as shall be prescribed by the Board of Directors. The corporation may buy in same and issue new stock in lieu thereof, or issue stock in lieu of same to any purchaser;

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any deficiency in the sum thus received, after paying all expenses incident to the sale thereof necessary to make the amount of the call, to be made good to said corporation by said defaulting stockholder, and any surplus over the amount of the call and expenses of sale to be turned over to said defaulting stockholder. In all elections for directors and other officers, each stockholder shall be entitled to one vote for each share of stock standing in his or her name, and such vote may be given in person or by written proxy duly appointed. All votes at any election shall be by ballot, and a majority of votes shall elect. Books of subscription. Organization. First election of directors, etc. Payments for stock. Votes of stockholders. SEC. IV. Be it further enacted, That the corporate powers of said corporation shall be vested in and exercised by a Board of Directors, to consist of seven members, who shall elect from their number a president and vice-president; may declare by-laws for their government not inconsistent herewith; fix the number of said directors, who shall be a quorum for the transaction of the business, the day of meeting of said board, and the salaries of its officers. Said board shall have power to elect a cashier, attorney and such other officers as the interest and business of said bank may require, fix their salaries and require such bonds as may be necessary. Directors and officers. SEC. V. Be it further enacted, That said corporation shall have power to receive money on deposit; to lend and borrow money, take and give therefor such securities as may be considered best; to purchase and discount notes and bills of exchange, stocks and bonds; to make advances on cotton and other agricultural products with lien thereon; to secure such advances by attaching bills of lading and otherwise; and to do all and other acts it may deem advisable for the safe keeping and the secure and profitable investments of its funds. Banking powers, etc. SEC. VI. Be it further enacted, That the total liabilities to said bank of any person, or of any company, corporation or firm (including in the liabilities of the company or firm the liabilities of the several members thereof) shall at no time, nor by any construction or device, exceed one-tenth part of the amount of the capital stock of said bank paid in; but the discount of bills of exchange drawn in good faith, and the discount of commercial paper actually owned by the party negotiating the same, and loans payable on demand, and securities convertible in the open market, shall not be considered any portion of said liabilities, and no director, stockholder or officer of said bank shall, by virtue of such position, holding an office, be entitled to enjoy any advantage, preference or privilege in the use of the funds of said bank which might not otherwise, be extended to him. Limitation upon power to lend money, etc. SEC. VII. Be it further enacted, That married women and minors shall be competent to make deposits with said corporation of money or otherwise, and their checks or receipts for same shall be sufficient discharge to said corporation, and any contract made by them with said corporation, in the course of business with said corporation as to said deposits, shall be binding and valid in law, and such deposits shall not be subject to the claims, control or debts of the husband

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respectively, of such married women, or of the parents or guardians of such minors. Deposits by married women and minors. SEC. VIII. Be it further enacted, That the directors of said bank may annually declare a dividend of so much of the net profits as they may judge expedient, after defraying its expenses and paying its debts, but before declaring such dividend they shall carry one-tenth of its net profits of the preceding year to its surplus fund, until the same shall amount to twenty-five per centum of its capital stock (but it shall not be lawful for them to create or accumulate a surplus of its profits exceeding one hundred per centum of their paid up capital). Dividends. Surplus. SEC. IX. Be it further enacted, That the Board of Directors shall issue to each stockholder certificates of stock truly representing his or her interest, and such stock shall be bound to the corporation for any dues or other indebtedness by such stockholder to the company; and no stockholder who may be indebted to said bank, either as principal, security or indorser, shall, while so indebted, sell or transfer the stock held by him or her without the consent of the directors of said bank, and all sales and transfers of stock in said bank must, in order to be valid, be made on the registry and transfer books of the company by the owner of the stock or his law-fully appointed attorney in fact; and the Board of Directors may close the transfer books, from time to time, as provided by their by-laws, as the conveniences of the bank may require. Certificates of stock. Transfers of stock. SEC. X. Be it further enacted, That the first Board of Directors elected, as before provided, shall hold office until their successors are elected and qualified; that the election for the Board of Directors shall occur annually on the first Tuesday in June of every year, except the first board, which shall be elected as before provided. The directors shall be elected by a majority in interest of the stockholders thereof voting at said election. No election shall be valid when a majority of the whole stock paid in is not represented; and in any election for directors, and in all questions that may come before any convention of stockholders, each share of one hundred dollars shall entitle the owner to one vote. Vacancies occurring in the Board of Directors during the intervals of election may be filled by said board. The president shall submit annual statements of the business and condition of said bank to the stockholders, and make such returns to the Governor of this State as are required by law. Should there be no election of directors at any annual meeting, as herein provided, the directors then in office shall hold over, but shall call an election at once, of which at least ten days notice shall be given by publication in a newspaper published in Thomson, Georgia. The minutes of the Board of Directors shall be kept in a book provided for that purpose, signed by the president, vice-president or secretary, and shall be open to the inspection of any stockholder. Elections of directors. Votes of stockholders. Vacancies. Statements and returns. Failure to elect directors at regular meeting. Minutes. SEC. XI. Be it further enacted, That the cashier, who may also be a director, shall be elected by the Board of Directors, and shall give such bond in such sum as they may require. It shall be the duty of the cashier to keep safely all moneys, notes, bonds, bills or

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other property committed to his care or shall come into his possession in the regular course of business, and he shall have power to bind the company by signing promissory notes, checks, receipts or certificates of deposit in conducting the business of the bank. Cashier. SEC. XII. Be it further enacted, That in all elections stockholders may ballot by proxy as well as by themselves; that a director when he cannot attend a meeting of directors, may empower another to vote for him on all questions that may come before the said Board of Directors in his absence. Proxies. SEC. XIII. 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 that such stockholders shall be individually liable for all the debts of said corporation to the extent of his or her unpaid shares of stock, and said stockholders shall be further 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 stockholder 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 stock and assets of said bank. Liability of corporation and stockholders for debts of corporation. SEC. XIV. Be it further enacted, That the charter shall be [Illegible Text] force for thirty years from the passage of this Act. Term of charter. SEC. XV. Be it further enacted, That said corporation shall have power to accept and execute the office and appointment of executor of the will of any person, or act as administrator of any deceased person's estate, or as guardian of any minor or lunatic, as [Illegible Text] like instances where natural persons are permitted to so act, whether said office or appointment shall be conferred by any person or persons, or by any court or officer of this or any other State, and all such courts or officers, including Courts of Ordinary, are hereby authorized, and shall consider, hold, deem and treat, for all purposes, said corporation to the same privileges, duties and liabilities, and upon the same terms and conditions, and in the same manner as is required by law of natural persons. That said corporation may act as trustee, to hold any trust funds, or other trust property under the appointment of any person or persons or court. That for all such services said corporation shall receive the same fees and commissions as would be allowed to a natural person; provided , said corporation shall not be compelled to accept any such office, appointment or trust without its own consent. May be executor, administrator and guardian. Or trustee. SEC. XVI. Be it further enacted, That said corporation shall have power to negotiate loans and guarantee the payment of the principal or interest thereof, one or both; to indorse and become security for individuals, firms or corporations who may negotiate loans through it. That said corporation shall have power to act

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as middle man to negotiate loans, and make such charges from either borrower or lender as may be agreed upon for such services. Negotiation of loans, etc. 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 30, 1890. INCORPORATING THE COMMERCIAL BANK OF MACON. No. 312. An Act to incorporate the Commercial Bank of Macon. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That W. M. Gordon, W. R. Cox and Henry Horne, their associates, successors and assigns, are hereby constituted and declared to be a body corporate and politic under the name of the Commercial Bank of Macon, with power under this name to sue and to be sued; to have and use a common seal; make, alter, and amend all laws for its government not inconsistent with the laws of the United States or this State, its chief place of business being in the city of Macon. Corporators. Corporate name and general powers. Location. SEC. II. Be it further enacted, That the capital stock of said corporation shall be two hundred thousand dollars, ($200,000.00), divided into shares of one hundred dollars each, with the privilege of increasing the said capital at any time to five hundred thousand dollars; and the incorporators are hereby authorized and empowered to open books of subscription to said stock, and to organize and commence business when one thousand shares shall have been subscribed, and the sum of twenty dollars per share paid in on said stock. The said stock shall be paid for as follows: Twenty per cent. cash and the balance as called by the directors, in stallments of not more than twenty dollars ($20.00) per month on each share subscribed until the amount paid in shall be one hundred dollars per share; provided , that any stockholder shall have the right to pay the entire amount subscribed at any time. Capital stock. Organization, etc. Payments for stock. SEC. III. Be it further enacted, That at the first meeting of stockholders called by a majority of the incorporators, a board of five directors shall be elected from among the stockholders. A majority of the Board of Directors shall constitute a quorum for the transaction of business. Said Board of Directors shall consist of five, until otherwise provided in the by-laws, and shall have power generally to manage the business of the incorporation, and do and perform such other things as shall be delegated to them by the by-laws of said corporation. Directors. SEC. IV. Be it further enacted by the authority of the same, That said corporation shall have the power to do and transact a general banking business; to receive deposits of money without liability for interest; to buy and discount notes, drafts, bills of exchange,

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checks, certificates and other evidences of debt; to purchase, own, sell and hypothecate stocks; to lend money and take as security real estate, bonds, stocks, promissory notes or other security or thing of value; to borrow money and secure the payment of the same by deed or mortgage and any written evidence of debt, and by any other security; to invest its funds in real estate or in such other property, real, personal or mixed, as its Board of Directors, under its by-laws, may direct or determine; to buy and sell foreign and domestic exchange, and to make collections, and to charge and receive pay for the same. Banking powers, etc. SEC. V. Be it further enacted by the authority of the same, That said body corporate shall have power to receive deposits of money, and to contract to pay thereon such rate of interest as may be agreed on and not exceeding the rate fixed by law, and in the by-laws for the government of the corporation; may regulate, from time to time, the maximum and minimum amounts of the deposits it will receive, the rate of interest to be paid generally and in particular cases, the manner and times (of payment of interest and the manner and times) at which deposits may be withdrawn; and shall have power, in its discretion, to cause the interest on any deposit to cease, and such notice, if made by publication, may be made to apply, either to one or more depositors or to a particular class of depositors or to depositors of amounts above or below a sum named or to all of the depositors; but any depositor shall have the right to withdraw his deposit at the time so fixed for the cessation of interest, and if the bank should after demand, fail or refuse to permit such withdrawal, the money so retained after demand shall bear interest as if no such notice had been given. Deposits on interest. SEC. VI. Be it further enacted by the authority of the same, That the said corporation shall have power to lend money, whether [Illegible Text] part of its capital or deposits, on real estate or personal property or such other security as it may see fit, at any rate of interest not exceeding the highest contract rate allowed by law at the time such loan shall be made, and may charge interest for the full time, and include the same in the note or notes or other evidences of debt given therefor, and collect the same by monthly or other installments, if the debtor shall so agree, without any rebate of interest thereon, and to secure any and all such loans, advances or other debts due or owing to it, said corporation is authorized to take such mortgage, deed of trust, conveyance, pledge or other security as it may deem proper. Loans and interest. SEC. VII. Be it further enacted by the authority of the same, That evidences of deposits made shall be given by the bank [Illegible Text] means of pass-books, certificates or in such other manner as it may prefer. Any deposit made by, or in the name of a minor, or in the name of a trustee, where the name of the cestui qui trust is not coupled with the name of the trustee, shall be held for the exclusive right of the depositor, free from the control or lien of any other person whomsoever except creditors and the receipt or acquitance of such minor or trustee as such shall be a valid and sufficient

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release and discharge for such deposits, with any accruing interest to be paid. Evidences of deposits. Deposits by minors or trustees. SEC. VIII. Be it further enacted by the authority aforesaid, That said corporation shall have power to receive money in trust and shall have power to accept and execute any trust that may be committed to it by any court, and it shall have power to accept and grant assignment, transfer, demise or bequest and hold any real or personal estate or trust created in accordance with the law of this State, and then to execute on such terms as may be established or agreed upon by as Board of Directors, and said corporation is hereby fully authorized and empowered to act as trustees and assignees and to receive all deposits and all funds in litigation in the various courts of this State and pay therefor such interest as may be agreed upon not exceeding the lawful rate. It shall also have the power and authority to receive for safe keeping or deposit all moneys, bonds, stocks, diamonds, gold, silver-plate and all other valuables and charge and collect a reasonable compensation for the same, which said charge shall be a lien upon such deposit until paid. Trusts, etc. Safety deposits. SEC. IX. 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 money 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 and stockholders for debts of corporation. SEC. X. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 22, 1891.

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INCORPORATING THE EXCELSIOR BANK OF SAVANNAH. No. 315. An Act to incorporate the Excelsior Bank of Savannah. SECTION I. Be it enacted by the General Assembly of Georgia, That Harry S. Druse, R. F. Harmon, J. T. Wells, W. T. Leopold, S. L. Lazarus, C. E. Broughton, W. A. Walker, B. C. Wright, J. J. Gaudry, and such other persons as may hereafter become associated with them, and their successors and assigns, shall hereafter be a body politic and corporate, under the name and style of the Excelsior Bank of Savannah, and by said corporate name shall be competent in law to sue and be sued, plead and be impleaded, in any court having jurisdiction over the subject-matter involved; to receive purchase, own, hold, use property of all description, and alien, convey, lease and mortgage, and otherwise dispose of same in any manner that a natural person might lawfully dispose of similar property. Said corporation shall have power to make, use, renew and alter at pleasure a corporate seal, make by-laws not inconsistent with the laws of the land, and to do all acts and things necessary and proper to carry into effect the objects and purposes of this Act, and to exercise in general all the powers incident to corporations and necessary and proper for the transaction of the business for which it is incorporated. The said corporation shall be located in Savannah, in this State. Corporators. Corporate name and general powers. SEC. II. Be it further enacted, That the capital stock of this corporation shall be twenty-five thousand dollars ($25,000), to be divided into shares of ten dollars each, but said corporation shall have the power, in discretion of the Board of Directors, at any time to increase said capital stock, from time to time, to any amount, not exceeding two hundred thousand dollars, and at any time in the discretion of the stockholders in meeting assembled, by a vote of a majority of all the stock, to any sum, not exceeding five hundred thousand dollars. Said corporation is hereby authorized to commence business as soon as the twenty-five thousand dollar capital stock shall have been subscribed, and twenty per cent. of the same paid in; and the Board of Directors shall be authorized and empowered to call in said capital stock in such installments and amounts and at such times as they may deem necessary in their discretion; provided, however , any subscriber shall have the right to pay up his subscription in full at any time he may see fit. Capital stock. Beginning business. Payments for stock.

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SEC. III. Be it further enacted, That said corporation shall have power to receive money on deposit; to loan and borrow money; to take and give therefor such securities as may be deemed best; to purchase and discount and collect notes and bills of exchange, and to do all other acts in a general banking business, and all acts that it may deem advisable for the safe keeping and secure and profitable investment of its funds. Banking powers,etc. SEC. IV. Be it further enacted, That the total liabilities to said bank of any person or of any company, corporation or firm for money borrowed, including in the liabilities to said bank of any company, corporation or firm the liabilities of the several members thereof, shall at no time exceed one-tenth part of the capital stock of said bank paid in, but the discount of bills of exchange drawn in good faith and the discount of commercial paper actually owned by the person negotiating the same shall not be considered as borrowed money. Limitation upon power to lend money. SEC. V. Be it further enacted, That the directors of said corporation may semi-annually declare a dividend of so much of the net profits as they shall deem expedient, but before declaring such dividend they shall carry one-tenth of the net profits of the preceding half year to its surplus fund until the same shall amount to twenty-five per cent. of its capital stock, and after that time it shall be discretionary with the Board of Directors as to what amount, if any, is placed to the surplus fund, but it shall not be lawful for them to create or accumulate a surplus fund exceeding one hundred per cent. of their paid in capital stock. 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. The rights and privileges herein by this charter granted shall be valid and in effect for thirty years. Dividends. Surplus. Liability of corporation and stockholders for debts of corporation.

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SEC. VI. Be it further enacted, That the Board of Directors shall issue to each stockholder certificates of stock truly representing his or her. interest, and such stock shall be held bound to the bank for any dues or other indebtedness by said stockholder to the bank, and a lien is hereby declared upon the same in favor of the bank superior to all other liens, which may be foreclosed upon the same as a mortgage upon personal property and sold in the same way, and no stockholder who may be indebted to said bank, either as principal or security or indorser, shall, while so indebted, sell or transfer the stock held by him or her without the consent of the president and directors of the bank, and all sales and transfers of stock in said bank must, in order to be valid, be made on the books of the bank by the owner of the stock or his lawfully appointed attorney-in-fact under such rules and regulations as may be declared by the by-laws of the bank, and any other transfer is void as against the company. Certificates of stock, etc. Transfers of stock. SEC. VII. Be it further enacted, That the business and corporate powers of said bank shall be exercised by a Board of Directors composed of seven stockholders, citizens of this State, each of whom shall own in his own right and name not less than twenty shares of said stock, one of whom shall be elected president. Said board shall have the right and power to elect from the board a vice-president. Said board also has the right to elect a cashier and such other officers as the interest and business of said bank may require. Directors and officers. SEC. VIII. Bo it further enacted, That said Board of Directors shall make and declare by-laws for their government in the management of the business of the corporation, fixing the meetings of said board and the salaries of its officers, and said Board of Directors shall have the right to appoint or remove any officer or agent of the corporation at any time they may see fit. A majority of said directors, at any regular meeting, shall constitute a quorum for the transaction of business. By-laws. Appointment and removal of officers. SEC. IX. Be it further enacted, That the parties named in the first section of this Act, or their successors or assigns, shall, and they are hereby appointed commissioners to, open books of subscription to the capital stock of said bank at such time and place and for such amounts and to such persons as they, or a majority of them, may determine. The directors of said bank shall be elected by a majority in interest of the stockholders of said bank voting at said election, under the inspection of the said commissioners, at such place as they may designate, within twenty days from the closing of said subscription called for by them, and on the

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second Tuesday in January, 1892, and annually thereafter. No election shall be valid when a majority of the whole stock is not represented, and in any election for directors, and in all questions that may come before any conyention of shareholders, each share of ten dollars of stock shall entitle the owner to one vote, and it shall be the duty of the president of said bank to prepare and lay before the stockholders thereof, semi-annually, statements of the business and condition of the bank, its assets and liabilities, and to make such returns, under oath, to the Governor of this State, as are required by law to be made. Vacancies occurring in the Board of Directors at any time, other than at the annual elections, shall be filled by the Board of Directors. Quorum. Books of subscriptions. Election of directors. Votes of stockholders. Statements and returns. Vacancies. SEC. X. Be it further enacted, That in case any subscriber to the stock of the company shall fail or refuse to pay any of the assessments or installments of the capital stock, which may be called for by the commissioners or Board of Directors, the board may at any time thereafter proceed to enforce the payment of the entire indebtedness for subscription to stock of such defaulting subscribers by bringing suit therefor in any court having jurisdiction of the same, or the stock of such delinquent subscriber may, by resolution of the Board of Directors, be sold on terms prescribed by said resolution, and in a way prescribed therein, after thirty days' notice, in writing, to the delinquent. Failure to pay for stock. SEC. XI. Be it further enacted, That the cashier, who may also be a director, shall be elected by the Board of Directors and shall give such bond in such sum as they may require. It shall be the duty of the cashier to keep safely all moneys, notes, bonds, bills or other property committed to his care in the course of business, and he shall have power to bind the company by signing checks, receipts or certificates of deposits in conducting the business of the bank. Cashier. SEC. XII. Be it further enacted, That said corporation shall have authority to loan money on real estate, or such other security as the Board of Directors may accept, at any rate of interest that may be agreed on, in writing, not in excess of the highest interest or rate of interest fixed by law, and it may also make loans for any time agreed on and charge interest for the whole time and include the same in the note or notes, or other security given therefor, and collect the same by monthly installments, or otherwise, without any rebate of interest thereon, if the debtor will so agree. Loans and interest. SEC. XIII. Be it further enacted, That married women and minors shall be competent to make deposits with said corporation of money or otherwise and their check or receipt for the same shall be a sufficient discharge to said corporation,

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and any contract made by them with said corporation in course of business with said corporation, as to said deposits, shall be valid and binding in law, and such deposits shall not be subject to the claims, control or debts of the husband, respectively, of such married women, or the parents or guardians of such minors. Deposits by married women and minors. SEC. XIV. Be it further enacted, That said bank shall have power to receive money in trust; shall have power to accept and execute trusts of every description which may be committed to it by an order or decree of any court, and shall have power to accept by grant or assignment, transfer, devise or bequest, and hold any real or personal estate or trust created in accordance with the laws of this State, and to execute such legal trusts on such terms as may be declared, established or agreed upon in regard thereto, and the said bank is hereby authorized to act as trustee or assignee in this State, and funds in litigation in the various courts of this State may be received on deposit by said bank, bearing such interest as may be agreed upon. Trusts, etc. SEC. XV. Be it further enacted, That in all cases of loans upon real estate or other property as security, the said corporation shall have the right to charge such sum, in addition to interest not in excess of the lawful rate, as may be agreed upon by the borrower and the corporation for the expenses of investigating and abstracting titles, inspecting and reporting on property offered as security, and any claimant of interest paid in excess of the lawful rate to said corporation shall bring his suit for such interest within six months from the time such interest or discount is paid to said corporation or the right of said claimant to recover the same shall be forever barred. And in all subscriptions to stock it shall be lawful for the Board of Directors of said bank to charge and collect from the subscribers to stock any sum not exceeding ten cents per share for each share subscribed for by them, to be collected with the first installment paid on stock, the same to be used and applied as a fund for the defraying the first expenses of organization of said bank. Expenses of investigating titles, etc. Suits for usury. Assessment upon stock for expense of organization. SEC. XVI. Be it further enacted, That all laws and parts of laws in conflict with this Act or any of its provisions be, and the same are, hereby repealed. Approved August 22, 1891.

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INCORPORATING THE JEFFERSON BANKING COMPANY. No. 318. An Act to incorporate the Jefferson Banking 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. C. Turner, H. W. Bell, P. J. Roberts, T. R. Holder, H. H. Hancock and J. N. Twitty, and their associates and successors, be, and are, hereby incorporated under the name and style of the Jefferson Banking Company, with power to have and use a common seal, sue and be sued, plead and be impleaded, contract and be contracted with, discount bills and other evidences of debt, sell and buy exchange, loan and borrow money, and receive and hold the same on deposit, buy and sell real and personal property when necessary in its business, and loan money on the same when desired, and to establish by-laws as may be deemed necessary to carry on a general banking business, not in conflict with the laws of Georgia or of the United States. Corporators. Corporate name and general powers. SEC. II. Be it further enacted, That the principal office of said Jefferson Banking Company shall be located in the town of Jefferson, county of Jackson, State of Georgia. Location. SEC. III. Be it further enacted, That the capital stock of said bank shall be fifty thousand dollars, divided into shares of one hundred dollars each, and each share shall entitle the holder thereof to one vote in all meetings of the stockholders; the capital stock may be increased to any amount, not exceeding one hundred thousand dollars, at any time upon a vote of at least two-thirds of the paid-up capital stock. Capital stock. SEC. IV. Be it further enacted, As soon as one-fifth of the capital stock is subscribed and paid in, the incorporators or a majority of them may call a meeting of the subscribers, and they may organize by electing a Board of Directors, not less than five, three of whom shall constitute a quorum to transact business, who shall hold their office for one year and until their successors are elected. The board shall elect one of their number president, and shall also elect a cashier and such other officers as may by them be deemed necessary, who shall perform such duties and receive such compensation as the Board of Directors may authorize. Organization. Directors and officers. SEC. V. Be it further enacted, That said incorporation may invest money in any good stocks, bonds and mortgages or unincumbered real estate. Said real estate shall be worth at least double the amount of money invested. Investments.

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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 assets, and each stockholder shall be individually liable for all debts of said corporation to the extent of his or her unpaid shares of stock, and each 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 stock holder 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. VII. Be it further enacted, That this charter shall be continued in force for a term of thirty years. Term of charter. SEC. VIII. Be it further enacted, That all laws and parts of laws in conflict with this be, and the same are, hereby repealed. Approved August 22, 1891. INCORPORATION THE GEORGIA SAVING BANK. No. 320. An Act to incorporate the Georgia Saving Bank with power to do a general banking business, act as agent, assignee, receiver, executor, administrator and trustee, with its principal office in the city of Quitman, and for other purposes. SECTION I. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That E. A. Groover of Quitman, R. J. Shiver of Quitman, Henry Freeman of Savannah, and Joseph W. Bennet of Brunswick, Georgia, and their associates, successors and assigns, be, and they are, hereby created a body politic and corporate, under the name of The Georgia Saving Bank, and by such name shall have the power to sue and be sued,

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plead and be impleaded, complain and defend, in any court of law or equity; to make, use, and at pleasure alter a common seal; to make and establish such by-laws, rules and regulations not inconsistent with the laws of this State or of the United States for the government of the incorporation and its incorporators, as it may deem proper; to contract and be contracted with; to receive, purchase, own, hold and use property of all descriptions, real, personal and mixed, and the same to alien, convey, lease, mortgage or otherwise dispose of, and to receive the rents, incomes and profits thereof; and generally to do each and every act requisite, necessary, expedient or convenient to accomplish the purpose of such corporation. Corporators. Corporate name and general powers. SEC. II. And it is hereby further enacted by the authority of the same, That said corporation shall have power to do and transact a general banking business; to receive deposits of money without liability for interest; to buy and discount notes, drafts, bills of exchange, checks, certificates and other evidences of debt; to purchase, own, sell and hypothecate stocks or bonds; to loan money and to take as security, real estate, bonds, stocks, promissory notes or other security or thing of value; to borrow money and to secure the payment of same by deed or mortgage and any written evidence of debt and by any other security; to invest its funds in real estate or in such other property, real, personal or mixed, as its Board of Directors may determine or direct; to buy and sell foreign or domestic exchange, and to make collections and to charge and to receive pay for the same; provided , said corporation shall not purchase lands, except for its own use, needs and purposes, and in settlement of claims due it. Banking powers, etc. SEC. III. Be it further enacted, That said body corporate shall have power to receive deposits of money, and to contract to pay thereon such rate of interest as may be agreed on, not exceeding the rate fixed by law; may regulate, from time to time, the maximum and minimum amount of the deposits it will receive, the rate of interest to be paid generally, and in particular cases, the manner and times of payment of interest, and the manner and times at which deposits may be withdrawn, and shall have power, in its discretion, to cause the interest on any deposit to cease, first giving not less than thirty days' notice to the depositor, personally or by publication, of the date on which its liabilities shall cease, and such notice, if made by publication, may be made to apply either to one or more depositors, or to a particular class of depositors, or to depositors of amounts above or below a sum named, or to all of the depositors,

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

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and may let the same for hire and collect the hire; and said bank may also deposit its funds as other depositors with such national bank, or with any other bank or banker, and may authorize any such bank or banker to receive for it any deposit and pay out for it such moneys as it may direct. It shall also have the power, by contract, to occupy a part of the premises of any other bank and use for its business the vaults, safes, furniture and fixtures of such other bank as may be agreed on. Safety deposits. Deposits with other banks, etc. SEC. VIII. Be it further enacted, That said hereby created corporation shall have the power and authority to act as fiscal agent or trustee for any State, person or corporation, public or private, upon such terms and for such compensation as may be mutually agreed upon, not inconsistent with any of the laws of this State or of the United States. Fiscal agent. SEC. IX. Be it further enacted, That said corporation is authorized and empowered to accept and execute the office and appointment of executor of the last will and testament of any person and of guardian when appointed as such by will or otherwise; and the Ordinaries of this State are authorized to grant letters testamentary to said corporation, when it is duly appointed executor of any will; and said corporation shall have power and authority to accept and execute the office of administrator whenever appointed thereto by the Ordinary of the county in which the administration is being taken out upon any estate. Said corporation shall have power also to accept and execute the office of agent, assignee, receiver or trustee of every kind whatever, or authorized by any court, either of this State or of the United States. The capital stock, property and assets of this corporation shall be absolutely liable for the faithful management of the trust confided to its care as executor, guardian or trustee, agent, assignee or receiver as aforesaid. All laws of force in this State concerning executors, administrators, guardians, trustees, assignees or receivers shall apply to this company, when appointed to such office; and said corporation shall be authorized to act as the depository for trust funds, or funds held by the courts, corporations or individuals for distribution, and to discharge generally the business of a trust company. May be executor, administrator or guardian. Assignee, receiver, trustee, etc. Depository of trust funds, etc. SEC. X. Be it further enacted, That the principal place of business of said bank and its principal office shall be in the town of Quitman, county of Brooks, and State of Georgia. Principal office. SEC. XI. Be it further enacted, That the capital stock of said corporation shall be twenty-five thousand dollars ($25,000), with the privilege of increasing the same to not more than one hundred thousand dollars by a vote representing

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two-thirds of the entire number of shares. The capital stock shall be divided into shares of fifty dollars ($50) each, and shall be transferable only upon the books of said bank in person or by attorney. And before the said bank shall commence business, the full amount of ten thousand dollars ($10,000) shall be subscribed and actually paid in. Stockholders shall pay in amounts subscribed for in such installments as may be called for by Board of Directors, said installments not to exceed forty per centum for the first call, and not more than ten per centum for each month thereafter. If the first installment upon any share of stock shall remain unpaid for fifteen days after it shall have been called for by the directors, the person who is in default shall lose his right to such stock, and it may, without notice, be sold by the directors to any person applying for the same; and, if any subsequent installment remains unpaid for thirty days after it shall have become due, the stock, upon which such installment is so due, together with all former amounts paid on such stock, shall be forfeited to the corporation, and it may, without notice, be sold by the directors to any person applying for the same. All the stock of each stockholder shall be held bound to the company for any dues or other indebtedness by such stockholder to the company, and [Illegible Text] stockholder who may be indebted to said company either [Illegible Text] principal, security or indorser, shall, while so indebted, sell or transfer the stock held by him or her without the consent of the president and directors of said bank. Capital stock. Payments for stock. SEC. XII. Be it further enacted, That the business and corporate powers of said bank shall be exercised by a board of not less than three nor more than seven directors, to be elected by the stockholders at such time, annually as they may fix, and who shall serve for one year, or until their successors are elected. Said board shall elect from their number a president, declare by-laws for their government not inconsistent herewith, fix the number of said directors who shall constitute a quorum for the transaction of business, the day of meeting of said board; shall elect a vice-president and a cashier, who may also be members of said board, and any other officer they may deem necessary, and fix the salaries of its officers. Each director shall be a citizen of this State, and shall be the owner, in his own name, of not less than five shares of said stock. Directors and officers. SEC. XIII. 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

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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 and stockholders for debts of corporation. SEC. XIV. Be it further enacted, That this charter shall be of force for thirty years after its passage. Term of charter. SEC. XV. Be it further enacted that the total liabilities to said bank of any person, or of any company, corporation or firm (including in the liabilities of the company or firm the liabilities of the several members thereof) shall, at no time, nor by any construction or device, exceed one-tenth part of the amount of the capital stock of said bank, but the discount of bills of exchange, commercial paper, securities convertible in the open market, bills of lading and warehouse receipts, and demand loans secured by sufficient collateral, convertible in open market, shall not be considered as any portion of said liabilities. Limitation upon amount of loans. SEC. XVI. Be it further enacted, That all laws and parts of laws conflicting with this Act be, and the same are, hereby repealed, so far as they so conflict. Approved August 22, 1891. INCORPORATING THE NORTHEASTERN BANKING COMPANY. No. 325. An Act to incorporate the Northeastern Banking Company of Harmony Grove, Georgia. SECTION I. Be it enacted by the General Assembly of Georgia, That L. G. Hardman, C. W. Hood, W. T. Barber, C. J. Hood, G. W. D. Harper, H. O. Williford, T. E. Key, J. T. Quillian, and such persons as are now or may hereafter be associated with them, be, and they are, hereby constituted a body corporate under the name of the Northeastern Banking Company, and under that name may

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sue and be sued, plead and be impleaded in all courts and places whatsoever; may have and use a common seal, with the power [Illegible Text] alter the same, from time to time, and by that name shall be capable of purchasing, taking, holding and enjoying to them and their successors all property of every nature, whether real or personal, and of selling, leasing or otherwise disposing of the same, or any part thereof, and said corporation is hereby granted all such powers as are necessary for the purpose of promoting the objects of said corporation, and not inconsistent with the laws of said State. Corporators. Corporate name and 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 to one hundred thousand dollars; said stock to be divided into shares of one hundred dollars each, and when $50,000 shall have been subscribed, and one-half of that amount actually paid in, then the bank may commence business, becoming a body corporate under the name of the Northeastern Banking Company, and by that name may sue and be sued, plead and be impleaded in any court whatever, with such powers and privileges as are hereinafter provided. Capital stock. Beginning business. SEC. III. Be it further enacted, That the incorporators named in section 1 of this Act, or any two of them, may open books of subscription, and when $50,000 shall have been subscribed, they shall call a meeting of all persons who have subscribed to the capital stock of said bank to assemble at a time and place to be designated in a written or printed notice, which shall be sent to each subscriber. At the time and place designated in said notice an election by ballot shall be held for such number of directors as the stockholders present shall determine. All stockholders at all elections of the company shall be entitled to one vote for each share of stock owned. The persons receiving the largest number of votes for directors shall be the directors of the company, and shall hold office until their successors are elected and qualified. The directors shall have power to elect a president, and also a cashier, and to make such by-laws for the government of their body and its business as they may deem expedient. Books of subscription. Organization. Officers. By-laws. SEC. IV. Be it further enacted, That the said company may receive deposits and pay thereon such interest as may be agreed upon, not inconsistent with the laws of this State, buy and sell exchange, discount notes, drafts and other evidences of indebtedness, loan and borrow money, take and give thereon such securities as may be deemed best, invest its funds upon such terms as they may consider best, and buy and sell every species of property, both real and personal, that the interest of the company may demand. They shall have power to take mortgages on property of every kind, both real and personal, to secure loans made by them, and to perform all such legal acts as may be necessary to enforce the payment or fulfillment of any contract made by or with them, and may charge and collect, in addition to interest, such commissions on loans negotiated by them, and for storage, as may be agreed upon by said bank and the parties so buying or selling any bonds, bills of exchange or promissory notes, securities or credits. Banking powers, etc.

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SEC. V. Be it further enacted, That the total liabilities to said bank of any one person or firm shall at no time exceed one-tenth part of the capital stock of said bank, but the discount of bills of exchange drawn in good faith, or securities convertible in the open market, shall not be considered as any portion of said liabilities, and no director, stockholder or officer of said bank shall, by virtue of such position, be entitled to or enjoy any advantage in the use of the funds of the bank which might not otherwise be extended to them. Limitation upon power to lend money, etc. SEC. VI. Be it further enacted, That the directors of said bank may semi-annually declare a dividend of so much of the net profits as they may deem expedient after defraying the expenses and paying its debts; but before declaring such dividend they shall carry one-tenth part of its net profits for the preceding half year to its surplus fund until the same shall amount to twenty per cent. of its capital stock; and in estimating the profits of said bank, no assets shall be accounted as solvent which are at that time six months past due, unsecured and not in process of collection, and all such insolvent debts shall be charged off before such surplus is set aside or any dividend declared. Dividends. Surplus. SEC. VII. 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 debts of said corporation to the extent of his or her unpaid shares of stock; and each 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; provided , that said liability of the stockholder 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. VIII. Be it further enacted, That this Act shall go into effect immediately upon its passage, and shall continue in force for twenty years. Term of charter. SEC. IX. Be it further enacted, That all laws and parts of laws militating against this Act be, and the same are, hereby repealed. Approved August 25, 1891.

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INCORPORATING THE MADDOX-RUCKER BANKING COMPANY. No. 344. An Act to incorporate the Maddox-Rucker Banking Company, to define its right, powers and privileges, and for other purposes. SECTION I. Be it enacted by the General Assembly of Georgia, That R. F. Maddox, J. W. Rucker, W. L. Peel, G. A. Nicolson, B. L. Willingham, Robert F. Maddox, Jr., and such other persons as are now and may be hereafter associated with them, be, and are, hereby constituted a body corporate and politic under the name of the Maddox-Rucker Banking Company, of Atlanta, Georgia, and under said name may sue and be sued, plead and be impleaded in all courts and places whatsoever, may have and use a common seal, with power to alter same from time to time, and by that name shall be capable of purchasing, taking, holding and enjoying to them and their successors all property of every nature, whether real or personal, and of selling, leasing or otherwise disposing of the same or any part thereof; and said corporation is hereby granted all such powers as are necessary for the purpose of promoting the objects of said corporation, and not inconsistent with the laws of said State. That said corporation shall have its principal office in Atlanta, Georgia, but may do or transact business within its corporate scope anywhere in the United States of America, and the Board of Directors shall have power to establish agencies for the transaction of business of said corporation at any place or places in the State of Georgia or elsewhere that may be deemed advisable, and may appoint such agencies or officers and delegate to them such powers as may be necessary for the business of such agencies or branches. Corporators. Corporate name and general power. Principal office. Agencies. SEC. II. Be it further enacted, That said company shall have power to do a general banking business, receive deposits, with or without paying interest on the same, under such regulations as the Board of Directors, from time to time, shall prescribe, and to loan and borrow money, buy and sell notes, bills of exchange; to discount notes and commercial paper; to buy, hold, use, lease, sell and control real and personal property held or acquired by said company; to receive property as security for debt; to transact and carry on all kinds of business usually transacted by warehousemen or safety deposit companies, and to collect and receive the usual and customary rates for storage and rents for boxes and other property, together with charges and expenses incurred in receipt and delivery or custody of merchandise or other property received by or stored with said company, together with all advances thereon. That married women and minors or other persons depositing with said bank shall be authorized to check out and draw the sums deposited, and such deposits shall not be subject to the claims, debts, checks or control of the husband, parents, guardians, trustee or other fiduciary agent of the person making the deposit. That said corporation

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shall have power to buy and sell, discount and collect bonds, stocks, securities, notes, bills and other choses-in-action; to lend money on real and personal property or such other property as they may see fit, at any rate of interest agreed upon, not in excess of the highest contract rate allowed by law and for any time agreed on, and may charge interest for the full time and include the same in its note or notes or other evidences of debt given therefor, and collect the same by monthly or other installments, if a debtor shall so agree, without any rebate of interest thereon and in such cases the law applicable to loans made by building and loan associations are hereby made applicable; and to secure any and all loans, advances or other debts due or owing to it, said corporation is authorized to take such mortgages, deeds of trust, conveyances, pledges or other securities as it may see proper, and pay receive purchase, own, hold and use property of all descriptions, and alien, convey, lease and mortgage and otherwise dispose of the same in any manner that a natural person might lawfully dispose of similar property. Banking powers, etc. Safety deposits. Deposits by married women and minors. Purchase and sale of bonds, stocks, etc. Interest on loans, etc. SEC. III. Be it further enacted, That said corporation shall have power and authority to act as financial agent for any person or corporation, either to negotiate loans, to sell or buy securities or to make investments, and to charge and to collect for such services such commission or compensations as may be agreed upon. Financial agent. SEC. IV. Be it further enacted, That said corporation shall have power and authority to act as trustee, assignee, receiver, executor, administrato or guardian, and to charge and to collect for such service such commissions as may be agreed upon and not inconsistent with the laws of this State. May be trustee, receiver, executor, etc. SEC. V. Be it further enacted, That the capital stock shall be $150,000, divided into shares of $100 each, with the privilege of increasing the same, from time to time, to any sum not to exceed $500,000; provided , the said capital stock shall only be increased after a vote of the stockholders, at a meeting called by the Board of Directors for that purpose, in which a vote of at least three-fourths of the paid-up stock shall be represented, and at least two-thirds of the said entire paid-up stock shall vote for said increase of capital stock. Capital stock. SEC. VI. Be it further enacted, that any three of the above named incorporators are authorized to act as commissioners and open the stock book for subscription, and as soon as $150,000 has been subscribed, and they have received $100,000 in cash on account thereof, they shall cause notice to be given to the subscribers, by advertisement if they choose, in at least one newspaper published in Atlanta, and elsewhere if they see fit, one week prior to the time appointed for the meeting of the subscribers, requiring them to assemble at the time and place designated in the publication, to organize and elect a Board of Directors. On assembling of the subscribers or such of them as may choose to attend, the commissioners who may act shall proceed to hold an election by ballot for such number of directors of the company as the subscribers present at such meeting shall determine, and no person shall be a director of said company who shall not be a stockholder in his own name and right, to the

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extent of ten shares or upward, and all stockholders at all elections of the company acted on in convention shall be entitled to one vote for every share of stock owned, and may vote in person or by proxy in writing. Executors and administrators shall be entitled to control the votes of which the testator or intestate would be entitled if living, and the stock of minors may be represented by their guardian. The commissioners may act as judges of the first election of directors, after which the commissioners shall deliver to the said Board of Dirctors chosen all moneys, credits, etc., in their hands pertaining to the company; whereupon their functions shall cease. Books of subscription. Organization. SEC. VII. Be it further enacted, That in case any subscriber to the stock of the company shall fail or refuse to pay any of the assessments or calls for payment which may be made by the Board of Directors within the time required, the Board of Directors may, at any time thereafter, proceed to force the payment of the entire indebtedness for subscription to the stock of said defaulting subscriber by bringing suit therefor in any court of competent jurisdiction, or the said stock belonging to such delinquent may, by resolution of the Board of Directors, be sold, in which case the portion previously paid in shall be forfeited to the company. Failure to pay for stock. SEC. VIII. Be it further enacted, That the first and all subsequent Boards of Directors shall be elected for the term of one year or until the election of their successors, and each board shall choose one of their own number as president of the company, also one of their number as vice-president, who shall act as president in his absence. Every Board of Directors shall have power to fill all vacancies which may occur either from their own body or body of stockholders. Said Board of Directors shall consist of not less than five nor more than nine stockholders. Directors and officers. SEC. IX. Be it further enacted, That the Board of Directors shall have the power, from time to time, to prescribe how the stock or certificates of stock may be transferred, provided that no stock shall be transferred except on the books of said bank; but no transfer or assignment shall be valid or operate to release the owner thereof from any kind of obligation or debt to the corporation until the same has been paid, and said corporation shall have a lien on said stock until the said obligations are paid. Transfers of stock. SEC. X. Be it further enacted, That the officers of the bank shall consist of a president, vice-president, cashier and assistant cashier, and the bonds of the officers and clerks be fixed by the directors. The term of all officers shall be one year; election to occur at any time during September, 1891. Officers. SEC. XI. Be it further enacted, That any number of the stockholders of the company, who own or represent at the time one-half of the capital stock, by giving twenty days' notice thereof in at least one of the newspapers published in the city of Atlanta, may call a meeting or convention of the stockholders of the company, at such time and place, in the city of Atlanta, as may be in said call designated; but no act of the stockholders in convention shall be valid

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or binding on the company, unless a majority of the stockholders in value shall be represented. Called meetings of stockholders. SEC. XII. 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 stockholders shall be further and additionally 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 and stockholders for debts of corporation. SEC. XIII. Be it further enacted, That said company may receive and sell cotton on consignment and do a cotton business, such as buying and selling and shipping cotton or orders from spinners, exporters and others, and to advance money on same; also authorized to own stock in the Southern Phosphate Company, of Fulton county, Georgia, and to do a fertilizing business; same may be discontinued at any time by two-thirds' vote of stockholders, the meeting to be called as heretofore provided. Cotton and fertilizer business. SEC. IV. Be it further enacted, That if any officer of this corporation operate or deal in any way whatever in futures, such as grain, cotton, bonds or stocks for the bank, said officer shall be dismissed from office. No officer may deal in futures SEC. XV. Be it further enacted, That this Act and the privileges and powers herein granted shall continue in force for the term of thirty (30) years from and after the organization of the company, which may be organized under this Act. Term of charter. SEC. XVI. Be it further enacted, That all Acts and parts of Acts inconsistent with this Act, are hereby repealed. Approved August 31, 1891.

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AMENDING CHARTER OF THE CITIZENS' BANKING AND TRUST COMPANY OF THOMASVILLE. No. 349. An Act to amend an Act to incorporate the Citizens' Banking and Trust Company of Thomasville, Georgia, approved December 30, 1890, so as to authorize said company to elect thirteen directors instead of nine, and to prescribe certain regulations for the savings department of said banking company. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That the third section of an Act to incorporate the Citizens' Banking and Trust Company of Thomasville, and to grant certain powers and privileges to said corporation be, and the same is, hereby amended by striking out the word nine, and inserting the word thirteen, so that said section, when amended, will read as follows: Section 3. Be it further enacted, That the persons named in the first section of this Act, or a majority of them, are hereby appointed commissioners to open books of subscription to the capital stock of said company, at such times and places as may seem to them best, and so soon as twenty-five thousand dollars shall have been paid in on said stock, the said commissioners shall call a meeting of the subscribers to the capital stock by giving ten days' notice in writing to each subscriber, of the time and place of such meeting; at which meeting, a majority of the stock being represented in person or by proxy duly appointed in writing, an election shall be held for a Board of Directors, to consist of not less than five or more than thirteen, as the subscribers may determine, etc. (the rest of the section to remain as originally enacted). Number of directors. SEC. II. Be it further enacted by the authority aforesaid, That the above recited Act be, and the same is hereby further amended by adding an additional section, to be known as section 10, to read as follows: Section 10. Be it further enacted, That money deposited in the savings department of said Citizens' Banking and Trust Company shall not be subject to check, but shall be paid out only on order, and all general laws now of force in regard to such institutions shall apply to said company, and the said company shall not be compellable to pay out any money deposited in the savings department of said company until sixty (60) days after notice given by a depositor of his or her intention to withdraw his or her deposits from said savings department; provided , that the directors may, if they see fit in any case, waive this provision and authorize immediate payment in any case. Deposits in savings department. SEC. III. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved September 1, 1891.

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INCORPORATING THE JACKSON SAVINGS AND BANKING COMPANY. No. 353. An Act to incorporate the Jackson Savings and Banking Company, with power to do a banking business, act as agent, assignee, receiver, trustee, and for other purposes. SECTION I. Be it enacted by the General Assembly of Georgia, That W. M. Mallet, I. J. Dempsey, J. W. Crum, B. F. Moores, S. C. McCandless, L. L. Ray, R. G. Bryans and A. G. Hitchens, their associates, successors and assigns, be, and are, hereby created a body politic and corporate under the name and style of the Jackson Savings and Banking Company, and by such name said corporation shall be empowered to sue and be sued, plead and be impleaded, contract and be contracted with; to have and use a common seal, and at pleasure to alter the same, and to do a general banking business; to ordain and establish such by-laws, rules and regulations, not inconsistent with this law, as it shall deem proper; to receive, purchase, own, hold and use property of all descriptions, and the same to alien, convey, lease and mortgage, and otherwise dispose of, and to do each and every act requisite, necessary or expedient to accomplish the purposes of said corporation. Corporators. Corporate name and general powers. SEC. II. Be it further enacted, That said corporation may receive on deposit all sums of money which may be offered, and may lend and invest the same for its benefit, at such times and on such terms as it shall see proper, which said sums shall be repaid to such depositors at such times and with such interest, not exceeding the lawful rate, and under such regulations as the Board of Directors shall, from time to time, prescribe, or in such other manner as may be agreed upon; and if money is deposited by any minor, such money may be withdrawn by the minor without the consent of his or her parent or guardian, and his or her check or receipt therefor shall be as binding as though such minor were of full age. That such corporation shall have power to buy, sell, discount and collect bonds, stocks, securities, notes, bills and other choses in action; to lend money on real and personal property, or such other security as it may see fit (at any rate of interest agreed upon, not in excess of the highest contract rate allowed by law, and for any time agreed upon, and may charge interest for the full time, and include the same in the note or notes or other evidences of debt given therefor, and collect the same by monthly or other installments, if the debtor shall so agree, without any rebate of interest thereon), and in such cases the laws applicable to loans made by building and loan associations are hereby made applicable; and to secure any and all such loans, advances or other debts due or owing to it, said corporation is authorized to take such mortgage, deed of trust, conveyance, pledge or other security as it may seem

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proper; provided, nevertheless , that no person, firm or corporation shall, at any time, be indebted to said corporation, either as maker, surety, indorser or otherwise, in a sum greater than ten per centum of the capital stock thereof, nor shall any director or other officer of this association, at any time, either as maker, surety, indorser or otherwise, become or be indebted to it in a sum greater than five per centum of its capital stock; provided , nothing herein contained shall operate to prevent said bank from discounting bills of exchange for any amount offered. Deposits on interest. Deposits by minors. Purchase, sale, etc., of stocks, bonds, etc. Loans and interest. Limitation upon power to lend, etc. SEC. III. Be it further enacted, That said corporation shall have the power and authority to accept and execute the office of agent, assignee, receiver or trustee of any kind conferred by any person, corporation or court. It shall also have the power to act as fiscal agent for any State, person or corporation, public or private, and for such services, it may charge and collect such commission or compensation as may be agreed on. May be agent, trustee, receiver, etc. SEC. IV. Be it further enacted, That the principal office of said corporation shall be in the town of Jackson, Butts county, Georgia. Location. SEC. V. Be it further enacted, That the capital stock of said corporation shall be fifty thousand dollars ($50,000.00), divided into five hundred shares of one hundred dollars ($100) each, but the stockholders of said corporation may, from time to time, by a majority vote, increase the capital stock to any sum not exceeding five hundred thousand dollars ($500,000), and the incorporators, or any three of them, are hereby authorized to open books of subscription for said stock, and as soon as two hundred and fifty (250) shares shall be subscribed for, and the sum of ten thousand dollars ($10,000) paid in thereon, said corporation shall have the right to organize and commence business. The stock shall be paid for in annual installments of not less than twenty per cent.; provided , that any stockholder shall have the right to pay up his entire subscription at any time. 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 stockholders 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 and 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 stockholders shall not prevent depositors from having equal rank with all other creditors upon the capital property and assets of said bank. If any installment or assessments on the stock of said corporation called for is not paid when due, such stock shall be subject to forfeiture, sale or transfer, and the by-laws of said corporation shall provide for the manner of the same. Said stock shall be transferred only on the books of said corporation, in

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person or by attorney duly authorized in writing, but no transfer or assignment of any stock shall be valid, or operate to release it from the lien which is hereby given said corporation thereon, for any and all indebtedness to it by the holder thereof, till all such indebtedness is paid. Such lien may be enforced as may be provided by the by-laws. Capital stock. Books of subscription. Organization, etc. Payments for stock. Liability of corporation and stockholders for debts of corporation. Failure to pay for stock. Transfers of stock. SEC. VI. Be it further enacted, That the business and affairs of said corporation shall be managed by a Board of Directors, and the officers elected by it. Said board shall consist of six directors, who shall be stockholders of said corporation, a majority of whom shall constitute a quorum, and they shall be chosen in accordance with the by-laws, and shall hold their offices till their successors are elected and qualified. The officers of said corporation shall be a president, vice-president and cashier and such other officers as may be hereafter created by the Board of Directors of said corporation, who shall be elected at such time and hold their respective offices for such term as may be fixed by the by-laws. Directors and officers. SEC. VII. Be it further enacted, That all laws and parts of laws in conflict with this Act are hereby repealed. Approved September 1, 1891. INCORPORATING THE BANK OF SOCIAL CIRCLE. No. 355. An Act to incorporate the Bank of Social Circle, 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 J. O. Sheperd, J. Blasingame, Geo. W. Knox, Jas. M. Hurst, Jr., Geo. B. Stanton, David A. Gibbs, I. H. B. Spence, Charles C. Robinson, William G. Akridge, A. M. Cotton, Jno. M. Green, M. L. Mobley, G. W. Garrett, W. A. Kelly, and such other persons as may be associated with them and their successors and assigns, are hereby constituted a body corporate under the name of the Bank of Social Circle, to be located in Social Circle, Walton county, Georgia. Corporators. Corporate name and location. SEC. II. Be it further enacted, That the capital stock of said company shall be fifty thousand dollars, with the privilege of increasing said stock to one hundred thousand dollars (but no increase of capital stock shall be valid unless ratified by the consent in writing of the owners of two-thirds of the stock paid in), said stock to be divided into shares of one hundred dollars each, and when there shall be fifty thousand dollars of said stock subscribed, and thirty thousand dollars actually paid in in lawful money of the United States, the said company may organize and proceed to business under this Act. Capital stock. Beginning business. SEC. III. Be it further enacted, That when the subscription authorized in the second section of this Act shall be fifty thousand dollars

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or more, and when thirty thousand dollars in lawful money of the United States, shall have been received by the commissioners provided for in this Act on account of subscription, then the subscribers shall be and become a body corporate and politic, with continued succession, under the name of the Bank of Social Circle, and by that name shall exercise corporate powers and be competent to contract and be contracted with, sue and be sued, plead and be impleaded in any court having jurisdiction of the subject matter involved; and shall have power to take, receive, purchase and hold as security for, as in payment of any loans or advances made or otherwise, real, personal or mixed property, so far as may be necessary for the safe and convenient prosecution of the business of said bank, as [Illegible Text] bank of discount and deposit, and may execute and issue all such receipts, certificates, contracts, deeds or other instruments as may be necessary, and said bank shall have power to make, use, renew and alter at pleasure a corporate seal, and do all acts and things necessary or proper to carry into effect the objects and purposes of this Act, and the business of said corporation not inconsistent with the laws of this State or of the United States. General powers. SEC. IV. Be it further enacted, That said corporation shall have power to receive money on deposit; to lend or borrow money, take and give therefor such securities as may be considered best; to purchase and discount notes and bills of exchange, stocks and bonds; to receive money on deposit from minors and unmarried ladies, which shall be held for the exclusive right of the depositor, free from the control or lien of all persons whatever, except creditors, and the receipts or acquittance of such minor or female shall be valid and sufficient release and discharge for such deposit with any accruing interest, so paid; to lend money for others and charge therefor commissions as hereinafter provided, and to do all acts it may deem advisable and profitable investment of the funds of said bank, and the exercise and enjoyment of its corporate powers. Banking powers. Deposits by minors and unmarried women. Loans, etc. SEC. V. Be it further enacted, That the total liabilities to said bank of any person, firm, company or corporation (including in said liabilities of firm, corporation or company the liabilities of the several members thereof) for money borrowed shall at no time exceed one-tenth ([unk]) part of the capital stock of said bank paid in; but the discount of bills of exchange drawn in good faith, the discount of commercial paper, actually owned by the person negotiating the same, loans payable on demand, on securities convertible in open market, shall not be considered as any portion of said liabilities. Limitation upon power to lend money. SEC. VI. Be it further enacted, That said bank shall be authorized to lend money and take as security therefor personal security, notes, mortgages and other evidences of debt of value, as collateral security and deeds to land, giving bonds for title, or to reconvey to the borrower, and make such lawful charges as may be agreed upon in addition to the legal rate of interest, for securing such satisfactory investigation of titles and necessary deeds, mortgages and liens. Charges for investigating titles, etc. SEC. VII. Be it further enacted, That the business and corporate powers of said bank shall be exercised by a board of not less than

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five nor more than seven directors, to be chosen as hereinbefore provided, who shall elect from their number a president; may make by-laws for their government not inconsistent herewith, fix the number of directors, who shall be a quorum for the transaction of business, the days of meeting of said board and the salaries of its officers. A majority of said directors shall be citizens of this State, and each director shall be owner, in his own name, of not less than five shares of said stock. Said board shall have power to elect a president, vice-president and cashier, and such other officers as the interests and business of said bank may require, and to dismiss any officer by a two-thirds' vote of the directors. Directors and officers. SEC. VIII. Be it further enacted, That the directors of said bank may, semi-annually declare a dividend of so much of the net profits as they may judge expedient, after defraying its expenses and paying its debts; but before declaring such dividends, they shall carry one-tenth part of its net profits of the preceding half year to the surplus fund, until the same shall amount to twenty-five per cent. of the capital stock; and in estimating the net profits, no assets shall be accounted as solvent which are six months past due, unsecured and net in process of collection, and such insolvent debts shall be charged off before said surplus is set aside or any dividends are declared. Dividends. Surplus. SEC. IX. Be it further enacted, That the Board of Directors shall issue to each stockholder certificates of stock correctly representing his or their interest; and such shall be held bound to the bank for any dues or indebtedness by said stockholder to the company, and no stockholder who may be indebted to said bank, either as principal, security or indorser, shall, while so indebted, sell or transfer the stock held by him or her without the consent of the president and directors of said bank, and all sales and transfers of stock must, in order to be valid, be made on the register and transfer books of the bank, by the owner of the stock or his lawfully appointed attorney in fact, and the Board of Directors may close the transfer books, from time to time, as provided by their by-laws, as the convenience of the bank may require. Certificates and transfers of stock. SEC. X. Be it further enacted, That the persons named in the first section of this Act, or any three of them or their successors or assigns, shall be, and they are, hereby appointed commissioners to open books of subscription to the capital stock of said bank, at such time and place, and for such length of time as they may deem proper, but for no less amount of subscription than fifty thousand dollars. The directors of said bank shall be elected by a majority at interest of the stockholders thereof voting at said election under the inspection of said commissioners, at such place as they may designate within twenty days after the closing of the subscription called for by them, and on the first Monday in February in every year thereafter. No election shall be valid where a majority of the whole stock paid in is not represented; and in any election of directors, and in any question that may come before any convention of stockholders, each share shall entitle the owner to one vote. In all elections a stockholder may ballot by proxy as well as by themselves,

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and a director, when he cannot attend a meeting of the directors, may empower another to vote for him on all questions that may or shall come before said Board of Directors for action in his absence. Vacancies occurring in the Board of Directors may be filled by said board, and it shall be the duty of the president of said board to prepare and lay before the stockholders thereof semiannual statements of the business and credits of the bank, its assets and liabilities, and to make such returns to the Governor of the State as is required by law; should there be no election of directors at any meeting as herein provided, the directors then in office shall continue until the next election. The minutes of the Board of Directors shall be kept in a book provided for that purpose, and signed by the president and secretary, and these minutes shall, at all times, be subject to the inspection of any stockholder. Books of subscription. Election of directors. Votes of stockholders. Proxies. Vacancies. Statements and returns. Failure to elect directors at regular meetings. Minutes. SEC. XI. Be it further enacted, That in case any subscriber to the capital stock of the company shall fail or refuse to pay any of assessments or installments of the capital stock which may be called for by the commissioners or Board of Directors, the board may, at any time thereafter, proceed to enforce the payment of the entire indebtedness for subscription to stock of such defaulting subscriber by bringing suit therefor in any court having jurisdiction of the same, or the stock of such delinquent subscriber may, by resolution of the Board of Directors, be sold on terms prescribed by said resolution, and in any way prescribed therein after thirty days' notice in writing to the delinquent. Failure to pay for stock. SEC. XII. Be it further enacted, That the cashier, who may also be a director, shall be elected by the Board of Directoas, and shall give such bonds in such sum as they may require. It shall be the duty of the cashier to keep safely all moneys, notes, bonds, bills or other property committed to his care in the course of business, and he shall have power to bind the bank by signing checks, drafts, receipts or certificates of deposit in conducting the business of the bank. [Illegible Text] SEC. XIII. Be it further enacted, That said bank shall have authority to lend money on real estate, or such other security as the president of Board of Directors may accept, at any rate of interest that may be agreed on in writing, not in excess of the highest rate of interest fixed by law, and said bank shall have authority to allow interest on money deposits; to accept and execute trusts of every description which may be committed to it by any order or decree of any court, and shall have power to accept by grant or assignment, transfer, devise or bequest, and hold any real or personal estate or trust created in accordance with the laws of this State, and to execute such legal trust on such terms as may be declared, established or agreed upon in regard thereto. Interest on loans and deposits. Trusts, etc. SEC. XIV. Be it further enacted, That the company shall have a printed copy of this charter placed in a frame in their office so that all persons may see the same, who wish to transact business therewith. Printed copy of charter to be [Illegible Text] in [Illegible Text]. SEC. XV. Be it further enacted, That all capital, property and assets of said bank shall be bound for the payment of its debts, and

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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 stockholders 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 purposes 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 said 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 further , that said liabilities 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 and stockholders for debts of corporation. SEC. XVI. Be it further enacted, That said company shall have power to purchase, acquire and hold real estate; to erect a bank building, and purchase safes and such other furniture as may be deemed advisable by the Board of Directors. May purchase, etc. realty, erect bank building, etc. SEC. XVII. Be it further enacted, That this charter shall continue of force for a term of thirty years. Term of charter. SEC. XVIII. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved September 1, 1891. INCORPORATING THE BANK OF JUG TAVERN. No. 356. An Act to incorporate the Bank of Jug Tavern, 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 J. C. DeLaperriese, John S. Smith, Robert L. Carithers, N. J. Kelly, Z. F. Stanton, Green W. Smith, H. A. Carithers, H. D. Jackson, W. H. Bush, D. Y. Hodges, A. A. Camp, Hiram F. Rainey and Charles W. Harris, and such other persons as may become associated with them and their successors and assigns, are hereby constituted a body corporate under the name of the Bank of Jug Tavern, to be located in Jug Tavern, Jackson county, Georgia. Corporators. Corporate name and location. SEC. II. Be it further enacted, That the capital stock of said company shall be thirty thousand dollars, with the privilege of increasing the same to sixty thousand dollars (but no increase of capital stock shall be valid unless ratified by the consent in writing of the owners of two-thirds

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of the stock paid in), said stock to be divided into shares of one hundred dollars each, and when there shall be thirty thousand dollars of said capital stock subscribed and twenty thousand dollars actually paid in in lawful money of the United States, the said company may organize and proceed to business under this Act. Capital stock. Beginning business. SEC. III. Be it further enacted, That when the subscription authorized in the second section of this Act shall be thirty thousand dollars, or more, and when twenty thousand dollars or more in lawful money of the United States shall have been received by the commissioners provided for in this Act, on account of subscription, then the said subscribers shall be and become a body corporate and politic, with continued succession, under the name of the Bank of Jug Tavern, and by that name shall exercise corporate powers and be competent to contract and be contracted with, sue and be sued, plead and be impleaded in any court having jurisdiction of the subject-matter involved, and shall have power to take, receive, purchase and hold as security for or in payment of any loans or advances made or otherwise, real, personal or mixed property, so far as may be necessary for the safe and convenient prosecution of the business of the said bank as a bank of discount and deposit, and may execute and issue all such receipts, contracts, deeds or other instruments as may be necessary; and said bank shall have power to make, use, renew and alter at pleasure a corporate seal, and do all acts and things necessary or proper to carry into effect the objects and purposes of this Act, and the business of said corporation not inconsistent with the laws of this State or of the United States. General powers. SEC. IV. Be it further enacted, That said corporation shall have power to receive money on deposit; to lend and borrow money, take and give therefor such securities as may be considered best; to purchase and discount notes and bills of exchange, stock and bonds, to receive money on deposit from minors and unmarried ladies, which shall be held for the exclusive right of the depositors, free from the control or lien of all persons whatever, except creditors, and the receipt or acquittance of such minor or female shall be a valid and sufficient release and discharge for such deposit, with any accruing interest so paid; to lend money for others and charge therefor commissions, as hereinafter provided and do all acts it may deem advisable and profitable investment of the funds of said bank, and the exercise and enjoyment of its corporate powers. Banking powers,etc. SEC. V. Be it further enacted, That the total liabilities to said bank of any person, firm, company or corporation

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(including in said liabilities of firm, corporation or company the liabilities of the several members thereof), for money borrowed, shall, at no time, exceed one-tenth ([unk]) part of the capital stock of said bank paid in, but the discount of bills of exchange drawn in good faith, the discount of commercial paper actually owned by the person negotiating the same, loans payable on demand, on securities convertible in open market, shall not be considered as any portion of said liabilities. Limitation upon power to lend money. SEC. VI. Be it further enacted, That said bank shall be authorized to lend money and take as security therefor personal security, notes, mortgages and other evidences of debt, of value, as collateral security and deeds to lands, giving bond for title to reconvey to the borrower, and make such lawful charges as may be agreed upon, in addition to the legal rate of interest for securing satisfactory investigation of titles and necessary deeds, mortgages and liens. Charges for investigation of titles, etc. SEC. VII. Be it further enacted, That the business and corporate powers of said bank shall be exercised by a board of not less than five nor more than seven directors, to be chosen as hereinafter provided, who shall elect from their number a president, may make by-laws for their government, not inconsistent herewith, fix the number of directors who shall be a quorum for the transaction of business, the day of meeting of said board, and the salaries of its officers. A majority of said directors shall be citizens of this State, and each director shall be owner, in his own name, of not less than five shares of said stock. Said board shall have power to elect a president, vice-president and cashier, and such other officers as the interest and business of said bank may require, and to dismiss any officer by a two-third vote of the directors. Directors and officers. SEC. VIII. Be it further enacted, That the directors of said bank may semi-annually declare a dividend of so much of the net profits as they may judge expedient, after defraying its expenses and paying its debts, but before declaring such dividends they shall carry one-tenth part of its net profits of the preceding half year to the surplus fund, until the sum shall amount to twenty-five per cent. of the capital stock, and in estimating the net profits no assets shall be accounted as solvent which are six months past due, unsecured and not in process of collection, and all such insolvent debts shall be charged off before said surplus is set aside or any dividends are declared. Dividends. Surplus. SEC. IX. Be it further enacted, That the Board of Directors shall issue to each stockholder certificates of stock correctly representing his or her interest, and such stock shall be held

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bound to the bank for any dues or indebtedness by said stockholder to the company, and no stockholder who may be indebted to said bank, either as principal, security or indorser, shall, while so indebted, sell or transfer the stock held by him or her without the consent of the president and directors of said bank, and all sales and transfers of stock must, in order to be valid, be made on the register and transfer books of the bank by the owner of the stock or his lawfully appointed attorney-in-fact, and the Board of Directors may close the transfer books, from time to time, as provided by their by-laws, as the conveniences of the bank may require. Certificates and transfers of stock. SEC. X. Be it further enacted, That the persons named in the first section of this Act, or any three of them or their successors or assigns, shall be, and they are, hereby appointed commissioners to open books of subscription to the capital stock of said bank, at such times and places and for such length of time as they may deem proper, but for no less amount of subscription than thirty thousand dollars. The directors of said bank shall be elected by a majority at interest of the stockholders thereof voting at said election under the inspection of said commissioners, at such place as they may designate, within twenty days after the closing of the subscription called for by them, and on the first Monday in December in every year thereafter. No election shall be valid when a majority of the whole stock paid in is not represented, and in any election of directors, and in all questions that may come before any convention of stockholders each share shall entitle the owner to one vote. In all elections a stockholder may ballot by proxy as well as by themselves, and a director, when he cannot attend a meeting of the directors, may empower another to vote for him on all questions that may or shall come before said Board of Directors for action in his absence. Vacancies occurring in the Board of Directors may be filled by said board, and it shall be the duty of the president of said board to prepare and lay before the stockholders thereof semi-annual statements of the business and credits of the bank, its assets and liabilities, and to make such returns to the Governor of the State as are required by law. Should there be no election of directors at any annual meeting, as herein provided, the directors then in office shall continue until the next election. The minutes of the Board of Directors shall be kept in a book, provided for that purpose, and signed by the president and secretary, and these minutes shall at all times be subject to the inspection of any stockholder. Books of subscription. Organization. Votes of stockholders. Proxies. Vacancies. Statements and returns. Failure to elect directors at annual meeting. Minutes.

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SEC. XI. Be it further enacted, That in case any subscriber to the stock of the company shall fail or refuse to pay any of the assessments or installments of the capital stock which may be called for by the commissioners or Board of Directors, the board may, at any time thereafter, proceed to enforce the payment of the entire indebtedness for subscription to stock of said defaulting subscriber by bringing suit therefor in any court having jurisdiction of the same, or the stock of such delinquent subscriber may, by resolution of the Board of Directors, be sold on terms prescribed by said resolution, and in a way prescribed therein, after thirty days' notice, in writing, to the delinquent. Failure to pay for stock. SEC. XII. Be it further enacted, That the cashier, who may also be a director, shall be elected by the Board of Directors and shall give such bond, in such sum, as they may require. It shall be the duty of the cashier to keep safely all moneys, notes, bills, bonds or other property committed to his care in the course of business, and he shall have power to bind the bank by signing checks, drafts, receipts or certificates of deposit in conducting the business of the bank. Cashier. SEC. XIII. Be it further enacted, That said bank shall have authority to loan money on real estate, or such other security as the president or Board of Directors may accept, at any rate of interest that may be agreed on, in writing, not in excess of the highest rate fixed by law; and said bank shall have authority to allow interest on money deposits; to accept and execute trusts of every description which may be committed to it by any order or decree of any court, and shall have power to accept by grant or assignment, transfer, devise or bequest, and hold any real or personal estate or trust created in accordance with the laws of this State, and to execute such legal trusts on such terms as may be declared, established or agreed upon in regard thereto. Loans and deposits on interest. Trusts, etc. SEC. XIV. Be it further enacted, That the company shall have a printed copy of the charter placed in a frame in their office, so that all persons may see the same who wish to tranact business therewith. Copy of charter to be exposed in office. SEC. XV. Be it further enacted, That all capital, property and assets of said bank shall be bound for the payment of its debts, and 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 stockholders 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,

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as to depositors, for all moneys deposited with said corporation, there shall be an individual liability of such stockholders in said 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 further , 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 and stockholders for corporate debts. SEC. XVI. Be it further enacted, That said company shall have power to purchase, acquire and hold real estate [Illegible Text] a bank building and purchase safes and such other furniture as may be deemed advisable by the Board of Directors. May purchase, etc, really erect bank building, etc. SEC. XVII. Be it further enacted, That this charter shall continue of force for a term of thirty years. Term of charter. SEC. XVIII. 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 1, 1891. INCORPORATING THE BANK OF COCHRAN. No. 359. An Act to incorporate the Bank of Cochran, 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. E. Taylor, E. Cook, J. E. Harris, A. J. Thompson, A. P. Urquhart, W. B. Watts, J. J. Taylor, T. D. Walker, J. Mackoff, T. R. Hendricks, W. H. Chapman, G. P. Stubbs and Morgan Thompson, and such other persons as may be associated with them, and their successors and assigns, are hereby constituted a body corporate under the name of The Bank of Cochran, to be located in the town of Cochran, Pulaski county, Georgia. Corporators. Corporate name and location. SEC. II. Be it further enacted by authority aforesaid, That the capital stock of said corporation shall be twenty-five thousand dollars, with the privilege of increasing the same to the amount of one hundred thousand dollars, said stock to be divided into shares of one hundred dollars each; and when there shall be twenty-five thousand dollars of stock subscribed, and twelve thousand five hundred dollars lawful money of the United States actually paid in, the said

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corporation may organize and proceed to business under this Act. Capital stock. Beginning business. SEC. III. Be it further enacted by authority aforesaid, That, when the aforesaid amount of twenty-five thousand dollars shall have been subscribed, and the said twelve thousand five hundred dollars in lawful money shall have been received by the commissioners provided for in this Act, on account of subscription to the aforesaid capital stock, the said subscribers shall be and become a body corporate and politic, with continued succession, under the name and style of the Bank of Cochran, and by that name shall exercise corporate powers, and be competent to contract and be contracted with, sue and be sued, plead and be impleaded in any court having jurisdiction of the subject-matter involved, and shall have power to take, receive, purchase and hold as security for, or in payment of, any loans or advances made or otherwise, real, personal or mixed property, so far as may be necessary for the safe and convenient prosecution of the business of said bank as a bank of discount and deposit, and may issue and execute all such receipts, certificates, contracts, deeds or other instruments as may be necessary; and said bank shall have power to make, use, renew and alter at pleasure a corporate seal, and do all acts and things necessary or proper to carry into effect the objects and purposes of this Act, and the business of said corporation not inconsistent with the laws of this State or of the United States. General powers. SEC. IV. Be it further enacted by authority aforesaid, That said corporation shall have power to receive money on deposit; to lend and borrow money; to take and give therefor such securities as may be considered best; to purchase and discount notes and bills of exchange, stocks and bonds; to lend money for others and charge a commission for such service; to buy and sell stocks, bonds, mortgages and other securities on commission: to negotiate loans upon real estate and charge a commission for such negotiation, and to do all acts it may [Illegible Text] advisable and profitable in the enjoyment of the corporate powers herein granted. Banking powers, etc. SEC. V. Be it further enacted by authority aforesaid, That the total liabilities of said bank of any person, firm or company or corporation including in said liabilities of firm, company or corporate the liabilities of the several members thereof), for [Illegible Text] borrowed, shall at no time exceed one-tenth part of the capital stock of said bank paid in; but the discount of bills or exchange, drawn in good faith, and the discount of commercial paper annually owned by the person negotiating the same shall not be considered as borrowed money. Limitation upon power to lend money.

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SEC. VI. Be it further enacted by authority aforesaid, That said bank shall be authorized to lend money and take as security therefor personal surety notes, mortgages and other evidences of debt of value, as collateral security and deeds to land, giving bond for titles to the borrower, to reconvey the same upon such lawful charges as may be agreed on, in addition to the legal rate of interest, for securing satisfactory investigation of title and for the executing of necessary deeds and mortgages. Charges for investigating titles, etc. SEC. VII. Be it further enacted by authority aforesaid, That the business and corporate powers of said bank shall be exercised by a board of not less than five nor more than nine directors, to be chosen as hereinafter provided, who shall elect from their number a president, may declare by-laws for their government in the management and control of the business of said bank (said by-laws, however, being subject to supervision and alteration at the regular annual meeting of stockholders hereinafter provided for), fix the number of directors who shall be a quorum for the transaction of business, the day of meeting of said board and the salaries of the officers of said bank. A majority of said directors shall be citizens of this State, and each director shall be in his own right a stockholder in said bank of not less than five shares. Said Board of Directors shall have power to elect a president and cashier, and such other officers as the interest and business of said bank may require. Directors and officers. SEC. VIII. Be it further enacted by authority aforesaid, That the directors of said bank may semi-annually declare a dividend of so much of the profits as they may deem expedient, after defraying the expenses and paying its debts, but before declaring such dividends they shall carry one-tenth part of its net profits of the preceding half year to the surplus fund until the same shall amount to twenty per cent. of its capital stock; and in estimating the net profits of said bank no assets shall be accounted as solvent which are six months past due, unsecured and not in process of collection, and all such insolvent debts shall be charged off before said surplus is set aside or any dividends declared. Dividends. Surplus. SEC. IX. Be it further enacted by authority aforesaid, That the Board of Directors shall issue to each stockholder certificates of stock truly representing the interest owned by said stockholder, and such stockholder shall be held bound to the corporation for any dues or indebtedness by said stockholder to the corporation, and no stockholder who may be indebted to said bank, either as principal, surety or indorser, shall, while so indebted, sell or transfer the stock held by him or her without the consent of the president and directors

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of said bank; and all sales and transfers of stock in said bank must, in order to be valid, be made in the registry and transfer books of the corporation by the owner of the stock or his lawfully appointed attorney in fact. Certificates and transfers of stock. SEC. X. Be it further enacted by authority aforesaid, That the persons named in the first section of this Act, or any three of them, or their successors or assigns, shall be, and they are, hereby appointed commissioners to open books of subscription to the capital stock of said bank at such times and places, and to keep them open for such space of time as they may deem proper, but for no less amount of total subscription than twenty-five thousand dollars. Within twenty days after the said sum of twenty-five thousand dollars has been subscribed, the said commissioners may give notice by publication in some paper with a general circulation in Pulaski county, and by a written notice mailed to each subscriber twenty days in advance of the day appointed, of a stockholders meeting for the purpose of electing a Board of Directors. No election shall be valid unless a majority of the whole stock is represented at the meeting when each election is held. The directors shall be elected in the first instance by a majority at interest of the stockholders thereof voting at said election, held under the inspection of the aforesaid commissioners, and on the first Monday in January in every year thereafter. In all elections of directors, and in all questions that may come before any convention of stockholders, each share of one hundred dollars shall entitle the owner to one vote. Vacancies occurring in the Board of Directors during the interval of elections may be filled by said board; and it shall be the duty of the president of said board to prepare and lay before the stockholders in said bank semi-annual statements of the business and credits of said bank, its assets and liabilities, and to make such returns to the Governor of the State as are by law required. Should there be no election of directors at any annual meeting, as hereinbefore provided, the directors then in office shall continue until the next election. The minutes of the Board of Directors shall be kept in a book provided for that purpose, and signed by the chairman, president or secretary, and these minutes shall at all times be subject to the inspection of any stockholder. Books of subscription. Organization. Votes of stockholders. Vacancies. Statements and returns. Failure to elect directors at annual meeting. Minutes. SEC. XI. Be it further enacted by authority aforesaid, That when the first Board of Directors is elected, as provided in the foregoing section, and when twelve thousand five hundred dollars of the subscriptions are actually paid in in money, then the conditions for the vesting of the powers of this charter shall be complete. And the said Board of

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Directors shall have authority to call in the unpaid subscriptions in such installments as they may deem best; but the subscribers may, without such call, tender the money for said unpaid shares to the board and receive therefor certificates of stock. An increase in capital stock may be made up to the limit of fifty thousand dollars by the Board of Directors; provided , that no stock shall be authorized by said board to be issued for less than its par value in actual lawful money. Any increase beyond fifty thousand dollars shall be authorized only by a stockholders' meeting, at which a majority of the stockholders shall be represented. Payments for stock, etc. Increase of capital stock. SEC. XII. Be it further enacted by authority aforesaid, That in case any subscriber to the stock of the corporation shall fail or refuse to pay any of the assessments or calls for payment, which may be made by the commissioners or Board of Directors, within the time required, the said Board of Directors may at any time thereafter proceed to enforce the payment of the entire indebtedness on account of unpaid stock of such subscribers by bringing suit therefor in any court of competent jurisdiction; or the stock of said delinquent stockholder may, by resolution of the Board of Directors, after demand for the unpaid balance due on stock, duly made on said delinquent, and after twenty days' advertisement by posting a notice of such sale before the door of said bank, be sold at public outcry to the highest bidder by any agent of said bank for cash, in which case the proceed shall be first applied to payment of the balance due upon said stock by the said delinquent stockholder, and the expense, if any, connected with said sale and the remainder of said proceeds paid back to the said stockholder. Failure to pay for stock. SEC. XIII. Be it further enacted by authority aforesaid, That the cashier, who may also be a director, shall be elected by the Board of Directors, and shall give such bond in such sum as the said Board of Directors may require. It shall be the duty of the cashier to keep safely all moneys, notes, bonds, bills, or other property committed to his care, or that may come into his possession in the regular course of business, and he shall have power to bind the corporation by signing checks, receipts or certificates of deposit in conducting the business of the bank. Cashier. SEC. XIV. 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 stockholders shall be further and additionally individually liable, equally and ratably, and not one

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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 and stockholders for debts of corporators. 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 1, 1891. AMENDING CHARTER OF THE EXCHANGE BANK OF ATHENS. No. 370. An Act to amend the Act approved December 27, 1886, entitled an Act to incorporate the Exchange Bank of Athens, at Athens, Georgia, so as to provide for and regulate increases of the capital stock, and to change certain qualifications of the directors, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That the words with the privilege of increasing the same to two hundred thousand dollars, in the first clause of the second section of the Act approved December 27, 1886, entitled an Act to incorporate the Exchange Bank of Athens, at Athens, Georgia, be, and the same are, hereby stricken out, and in lieu thereof the following language is hereby inserted: But the stockholders, at any meeting called for that purpose, of which ten days' notice by publication in the official organ of Clarke county has been given, or at any regular annual meeting, may, by a majority vote, increase the capital stock, and may, from time to time, in like manner, make further and other increases; provided , that the whole amount of the capital stock shall not exceed the sum of five hundred thousand dollars, so that the said clause of said section shall read, when amended: Increase of capital stock.

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SEC. II. Be it further enacted, That the capital stock of said bank shall be one hundred thousand dollars, but the stockholders, at any meeting called for that purpose, of which ten days' notice by publication in the official organ of Clarke county has been given, or at any regular annual meeting, may, by a majority vote, increase the capital stock, and may, from time to time, in like manner, make further and other increases; provided , that the whole amount of the capital stock shall not exceed the sum of five hundred thousand dollars, divided into shares of one hundred dollars each, etc. SEC. III. Be it further enacted by the authority aforesaid, That the words and no person shall be a director of said company who shall not be a stockholder to the extent of twenty shares or more, found in the last clause of the second sentence of the third section of the above mentioned Act, be, and the same are, hereby stricken from the same, to all intents and purposes, so that said second sentence of said third section shall read as follows: On the assembling of the subscribers, or such of them as may choose to attend, the commissioners who may act shall proceed to hold an election, by ballot, for such number of directors of the company as the subscribers present at such meeting shall determine. Not necessary that directors shall be stockholders to extent of twenty shares. SEC. IV. Be it enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved September 2, 1891. INCORPORATING THE ROME SAVINGS AND TRUST COMPANY. No. 376. An Act to charter the Rome Savings and Trust Company. SECTION I. The General Assembly of the State of Georgia do enact, That F. W. Dixon, W. T. Cheney and T. M. Holmes, their associates and successors, are hereby constituted a body corporate and politic under the name of the Rome Savings and Trust Company, with power by this name to sue and be sued in any court whatever; to have and use a common seal; to make, alter and amend such by-laws as they may deem necessary and proper for the conduct and government of its business, so far as not in contravention of this charter or the laws of this State or of the United States. Corporators. Corporate name and general powers.

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SEC. II. Be it further enacted, That the capital stock of said Rome Savings and Trust Company shall be fifty thousand dollars, divided into five hundred shares of the par value of one hundred dollars each, with the privilege, by resolution of the majority of the stockholders at a properly called stockholders' meeting assembled, by resolution passed and entered on the minutes of said corporation, to increase the capital stock to one hundred thousand dollars; and the incorporators are hereby authorized to open books of subscription for said stock, and the said corporation is empowered and hereby authorized to organize and commence business when five hundred shares are subscribed and twenty per cent. of the capital stock is paid in by the subscribers. The stock may be paid in cash or in monthly installments, in such amounts as the directors may prescribe. And the Board of Directors is authorized to receive in payment for stock, real and personal property in such amounts as it may deem advisable; such property to be taken at a fair valuation to be agreed on between subscribers and the Board of Directors; provided no real or personal property shall be taken as subscription to the capital stock of said bank, except for the bank buildings and the furnishing of the same. Capital stock. Books of subscription. Beginning business. Payments for stock. SEC. III. Be it further enacted, That after the stock is subscribed, a majority of the subscribers and corporators may call a meeting of the stockholders, at which meeting a Board of Directors shall be elected, which board shall consist of not less than three nor more than seven directors, to be elected from the stockholders, who shall hold office for one year and until their successors are elected and qualified. A majority of the Board of Directors shall constitute a quorum for the transaction of any business. A new Board of Directors shall be elected at each annual meeting of the stockholders, which annual meeting shall be held at such time and place as may be determined by the stockholders. Said Board of Directors shall have power generally to manage the business of the corporation; to declare such dividends as may be earned, and to do and perform such other duties and things as shall be delegated to them by the by-laws of said corporation. They shall have power to fill vacancies on their board. At the first meeting after their election they shall elect a president, vice-president cashier and such other officers and agents as they may deem necessary. All elections shall be held and conducted as the by-laws shall prescribe. Stockholders shall vote and ballot by shares of stock, each share counting one vote, which shall be voted in person or by legal proxy. Organization. Directors. Officers. Election. Votes of stockholders.

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SEC. IV. Be it further enacted, That the Rome Savings and Trust Company be, and it is, hereby authorized and empowered to acquire any property, real, personal or mixed, by purchase or satisfaction of any debt due the said corporation, or which may be mortgaged or conveyed to it for moneys which may have been owing to it or advanced by it, and to control and dispose of the same as in the opinion of the Board of Directors may be for the interest of said company; to deal in the precious metals, foreign and domestic exchange; to buy, sell, discout or collect promissery notes, bills of exchange, or choses in action, claims, mortgages or rents, and to perform all such acts; to lend money and negotiate loans on commission for other persons; to enforce the payment and fulfillment of any contract made to or with it as may, at any time, become necessary; to receive deposits of money and other valuables and issue certificates therefor; to loan and to borrow money; to discount and sell bonds, stocks and securities generally, and to do a general banking and exchange business; and for this purp [Illegible Text] to do and execute such acts and contracts as may be necessary; to loan money on real estate and personal property at legal rates of interest, and also to make such loans for any time agreed on, and charge interest for the whole [Illegible Text] and include the same in the note or notes or other security given therefor, and collect the same by monthly installments or otherwise without any rebate of interest thereon if the debtor will so agree. Banking powers, etc. Loans and interest. SEC. V. Be it further enacted, That said corporation may receive on deposit all sums of money which may be offered it, for the purpose of being invested or otherwise, in such sums and at such times and on such terms [Illegible Text] the Board of Directors may agree upon, and which shall be repaid to such depositors at such time, with such interest, not exceeding the lawful rate, and under such regulations as may be fixed by such board; and if money is deposited by any minor, either as investment or otherwise, such money may be withdrawn by the minor without the consent of the parent or guardian of such minor, and his or her check or receipt therefor shall be as binding upon such minor as though he or she were of full age. Deposits on interest. Deposits by minors. SEC. VI. Be it further enacted, That said the Rome Savings and Trust Company is hereby authorized and empowered through its officers and agents to receive and keep on deposit all such valuables, gold, silver or paper money, bullion, precious metals, jewels, plate, certificates of stock or evidence of indebtedness, deeds or muniments of title, or other valuable papers of any kind, or any other article or

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thing whatsoever that may be left or deposited for safe keeping with said company, and shall be entitled to charge such commission or compensation therefor as may be agreed upon; the said company to have a lien on such deposit until the charges thereon are paid; and for the complete preservation and safe keeping thereof may construct, erect and purchase such fire and burglar proof buildings and vaults of such kind and character as may be necessary. Safety deposits. SEC. VII. Be it further enacted, That said corporation shall have power to receive money in trust, and it is empowered and authorized to accept and execute any trust that may be committed to it by any court, company or natural or artificial person, and it is empowered to accept any grant, assignment, transfer, devise or bequest, and hold any real and personal estate in trust, and execute and carry out such trust, and to act as trustee, receiver and assignee, and to receive on deposit funds in litigation in any court, and pay therefor such interest as may be agreed upon not exceeding the lawful rate; and it is further empowered and authorized to accept the office and appointment of executor or administrator of any estate or estates, and of guardian when appointed as such. The capital stock, assets and property of this corporation shall be absolutely liable for the faithful management of the trusts as confided to its care as executor, guardian or trustee, agent, assignee or receiver as aforesaid, and said bank shall be subject to all the laws of this State governing guardians, executors, administrators, trustees and other fiduciaries; and the Ordinaries of this State are authorized to grant letters testamentary and of guardianship to said company when it is duly appointed as such executor and guardian. And said corporation shall have power to act as fiscal agent for any firm or corporation or municipality, for issuing, registering and countersigning bonds, certificates of stock and for paying coupons. Trusts. May be assignee, receiver, etc. Or executor, administrator or guardian. Liability for management of trusts. Fiscal agent. SEC. VIII. Be it further enacted, That any executor, administrator, guardian or other trustee or public officer, having control of any bonds, stocks, securities, moneys or other valuables belonging to others, shall be, and is, hereby authorized to deposit the same for safe keeping with said company. Deposits by executors, etc. SEC. IX. Be it further enacted, That the business of the Rome Savings and Trust Company shall be mainly operated and carried on in the city of Rome, Floyd county, Georgia, with offices and agencies at such other places as may be necessary to the successful operation thereof. The term of incorporation of the Rome Savings and Trust Company shall be thirty years. Principal office and agencies. Term of charter.

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SEC. X. 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 and stockholders for debts of corporation. SEC. XI. Be it further enacted, That said corporation shall have a lien on the stock of any stockholder for any amount of unpaid subscription due by any stockholder to the corporation. Lien on stock for unpaid subscriptions. SEC. XII. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved September 7, 1891. INCORPORATING THE PEOPLE'S SAVINGS BANK AND TRUST COMPANY. No. 377. An Act to incorporate the People's Savings Bank and Trust Company. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That John C. Eads, W. T. Morgan, D. Q. Abbott, T. E. Ryals, Joseph N. Nell, N. I. Brunner and Michael Schloss, and such other persons as may be associated with them, their successors and assigns, shall be, and are, hereby constituted a body politic and corporate under the name and style of the People's Savings Bank and Trust Company, with power under this name to contract and be contracted with; to sue and be sued; to have and use a

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common seal, and alter the same at will; to receive, purchase, hold, improve, use and control property of all kinds, both real and personal, in this State or elsewhere, and to alien, convey, rent, lease, mortgage or otherwise deal with the same, in any manner a natural person might lawfully deal with property of a similar nature; to invest its funds, and to change its investment at pleasure; to make by-laws not inconsistent with the laws of this State and of the United States, and to have such other corporate powers as may be necessary or expedient for the proper transaction of the business for which it is incorporated. Corporators. Corporate name and general powers. SEC. II. Be it further enacted, That the capital stock of said corporation shall be fifty thousand dollars, divided into shares of one hundred dollars each, with the privilege of increasing the same, at the will of a majority of the stockholders in value, to any sum not exceeding five hundred thousand dollars; and the incorporators, or a majority of them, are hereby authorized and empowered to open books of subscription for said stock, and to organize and commence business when five hundred shares shall have been subscribed and the sum of five thousand dollars paid in on said stock. Each subscription shall be binding upon the subscriber, his heirs, assigns and legal representatives, and shall be payable as follows: Ten per cent. within thirty days from the date of subscription, and the balance in monthly installments of not less than three dollars per share, till one hundred dollars shall have been paid on each share, or shall be payable on such conditions and at such times as the incorporators or directors may require; provided , any stockholder may make advance payments or pay the entire amount subscribed for by him at any time and on such terms as may be agreed upon by the directors. 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

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shall not prevent depositors from having equal rank with all other creditors upon the capital, property and assets of said bank. Capital stock. Books of subscription. Beginning business. Payments for stock. Liability of corporation and stockholders for debts of corporation. SEC. III. Be it further enacted, That the corporate powers of said corporation shall be vested in and exercised by a Board of Directors of not less than seven nor more than fifteen, each of whom shall have subscribed for not less than ten shares of stock. A majority of said board shall constitute a quorum. Said directors shall have the power to fill all vacancies occurring in the board. They shall elect from their number a president and a vice-president, and appoint or elect such other officers or agents as, in their judgment, may be required. They shall fix the salaries and define the duties of all officers and agents, remove them when they see proper, and require of them such bond and security as the interest of the corporation may demand. They shall make such by-laws, rules and regulations for said corporation as may be necessary, and shall declare dividends out of its net earnings, payable in money or by issuing new stock, after five per cent. annually of such net earnings has been reserved as a surplus fund. The first Board of Directors shall be elected by a meeting of the stockholders, called by the incorporators, at such time and place and after such notice as they may deem best, and shall serve for one year, or until their successors are elected and qualified. Thereafter the Board of Directors shall be elected annually, and at all elections by the stockholders each share of stock shall be entitled to one vote, which may be cast in person or by written proxy given only to a stockholder, and a plurality vote shall elect. A meeting of the stockholders may be called at any time, whenever the directors, or a majority of the stockholders in value, see fit to do so. Directors and officers. By-laws, etc. Dividends. Surplus. Election of directors. Votes of stockholders. Called meetings of stockholders. SEC. IV. Be it further enacted, That said corporation shall have the power to do a general banking business; to receive money on deposit, either by or without certificates of deposit, on such lawful terms as may be agreed upon; to borrow and lend money and to take therefor such security as may be deemed best; to make advances upon real and personal property; to deal in foreign and domestic exchange and precious metals; to buy, sell, discount or collect bills of exchange, bills of lading, drafts, acceptances, promissory notes, contracts, rents, receipts, claims, choses in action, stocks, bonds, mortgages, securities and all evidences of debt, and to enforce the same in any court having jurisdiction thereof; to deposit its funds in other banks; to buy, sell and deal in its own stock and the stock of other corporations, when the same is not contrary to public policy by

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lessening competition or encouraging monopoly; to receivemoney and savings on deposit from any person, corporation, trustee or other fiduciary on such terms as the directors may establish, which terms shall be printed in a pass book furnished to such depositor, and shall constitute the contract between him and the said corporation. It shall also have the power to receive for safety deposit from any person, corporation, public or private official or fiduciary, money, bonds, stocks, deeds, securities of all kinds, goods, wares and all other valuables, on such terms as may be agreed upon; and shall acquire on such property deposited a lien, with the right to sell at public or private sale, on thirty days' notice to the agent or owner, after the hire for such deposit has become due and is unpaid. Said corporation shall also be a legal depository, and all of its assets shall first be liable for such deposit. Banking powers, etc. Safety deposits. Legal depository. SEC. V. Be it further enacted, That said corporation shall have the power to make loans on such security as may be desirable, for any length of time, at any rate of interest, not exceeding the highest legal rate, and to collect, without rebate or reduction, the amount of principal and interest for the entire period of the loan by monthly or such other installments as may be agreed upon with the borrower, and the deeds, mortgages, notes or other security given therefor shall be valid and binding for the entire amount of principal and interest charged; to make or negotiate loans for others, for any length of time, upon real or personal property, or both, in this State or elsewhere, and to take deeds, mortgages or other security therefor, and to guarantee the payment of principal and interest, or either, as it may determine, and to charge and collect for expenses incurred and for making or negotiating the loan, or guaranteeing the payment of the same, such commission, in addition to the legal rate, as may be agreed upon with the borrower; to buy, sell and negotiate for others all kinds of securities, choses in action, evidences of debt and real estate on such commissions as may be agreed upon; to guarantee notes, bonds and other evidences of debt when the same are secured; to guarantee titles to real estate and to guarantee and secure indemnifying bonds, and bonds of all kinds, of public or private officials, on such terms as may be agreed upon. Loans and interest. Negotiation and guaranty of loans, securities, etc. SEC. VI. Be it further enacted, That said corporation shall have the power to accept any gift, grant, transfer, devise or bequest; to accept and execute any trust committed to its care of money or other property, real or personal, by any person, court or corporation, on such terms as may be agreed upon; to accept and execute the office of executor,

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administrator, guardian, agent, assignee, receiver or trustee of any kind, whether conferred by a person, firm, corporation or court of this or any other State, or of the United States, subject to all the laws now binding upon individuals when acting in a like capacity, and the assets and resources of said corporation shall first be liable for the faithful execution of such office; to act as the fiscal agent of this State or any other State, corporation, association, municipality or public authority, or for issuing, registering and countersigning bonds, certificates of stock, or for negotiating the sale of securities, bonds or other evidences of indebtedness. It shall also have the power to execute and issue its own debentures, bonds and other evidences of debt, singly or in series or classes of any denomination, secured upon property owned and held by said corporation, or placed with it for this purpose. Trusts, etc. May be executor, administrator etc. Fiscal agent. May issue debentures etc. SEC. VII. Be it further enacted, That married women and minors shall be competent to make deposits, with said corporation, of money or other property, and their checks or receipts shall be a discharge in full to it; and any contract made by them with said corporation, as to such deposits, shall be valid and binding in law, and such deposits shall not be subject to the debts, claims or control of the husbands of such married women, or the parents or guardians of such minors. Deposits by married women and minors. SEC. VIII. Be it further enacted, That the powers, privileges and franchises granted to said corporation by this Act shall not be repealed or changed so as to affect its power, faithfully and completely, to execute and carry out any trust held or contract made by it, or so as to injure any interest committed to its care, without the consent of all the stockholders, creditors and persons interested. Franchises, etc., not to be changed so as to affect trusts, contracts, etc. SEC. IX. Be it further enacted, That the principal office of said corporation shall be in the city of Macon, Georgia, and the directors are hereby authorized to establish such offices and agencies, within or without this State, and to prescribe such rules, regulations and requirements for their management as they may deem best for the interest of said corporation. Principal office and agencies. SEC. X. Be it further enacted, That this charter shall be of force and effect for the term of thirty years from the date of its organization, with the privilege of renewal at the expiration of that period. 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 7, 1891.

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INCORPORATING THE BANK OF RANDOLPH. No. 379. An Act to incorporate the Bank of Randolph, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That E. H. Reese, T. Moody, T. F. Moody, L. C. Strong, E. Titlebaum, A. J. Moye, J. W. Stanford, D. R. McWilliams and G. F. Barfield, and their associates, successors and assigns, be, and they are, hereby made a body corporate and politic, under the name of the Bank of Randolph, to be located at Cuthbert in this State, and in such corporate name may contract and be contracted with, sue and be sued, plead and be impleaded with in any court; receive, purchase, own, hold and use property of all descriptions, and alien, convey, lease and mortgage, and authorize, dispose of the same in any way that a natural person might lawfully dispose of similar property. Said corporation shall have power to make, use, renew and alter at pleasure a corporate seal, make by-laws and rules for the government of said corporation not inconsistent with the law, and to exercise in general all powers incident to corporations and necessary and proper for the transaction of the business for which it is incorporated. Corporators. Corporate name, location and general power. SEC. II. Be it further enacted, That said Bank of Randolph may receive on deposit all sums of money offered on such terms as may be agreed on; to loan and borrow, and to take and give therefor such securities as may be considered best; to make advances on real or personal property or both; to invest its funds in such manner and upon such terms as it may deem best, and to transfer its property at pleasure; to receive valuables or other articles of personal property, or of any sort or kind, including certificates of stock, securities and other evidences of the same, or of titles thereto, on deposit for safe keeping, from any person or persons, as well as from any executors, administrators, guardians, receivers, trustees, corporations, public and private officers and all other fiduciaries, the said corporation charging and receiving therefor such sums of money as may be agreed upon; to deal in precious metals, foreign and domestic exchange; to levy, sue, discount or collect promissory notes, bills of exchange, bills of lading, contracts, claims, receipts, rents, choses in action of any kind whatsoever,

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mortgages, bonds, stocks, securities and evidences of debt generally; to buy, sell, rent, improve, mortgage, lease, manage or otherwise to have, hold, operate in or control any real or personal property in this or any other State or Territory of the United States; to receive deposits of money for investment purposes on terms agreed on, and to issue receipts or certificates therefor; to negotiate, buy or sell for others stocks, bonds, bills of exchange, promissory notes, rents, mortgages, choses in action, securities and personalty of all kinds, and real estate in this or any other State or Territory of the United States; to advance and loan money on the same, and to negotiate advances and loans upon the same and invest funds for others generally upon such terms and conditions and for such compensation as may be agreed upon by and between said corporation and those with whom it may deal; to receive savings on deposit under such requirements and regulations as may be prescribed by the Board of Directors, not inconsistent with the laws of this State or of the United States, paying therefor such interest as may be agreed upon; to do a general banking, exchange, savings bank and trust company business, as well as all acts necessary for carrying on the same. Banking powers, etc. SEC. III. Be it further enacted, That said corporation shall have power to accept the office and appointment of the executor of the last will and testament of any person, and also of guardian, when appointed by will or otherwise: to accept and execute the office of agent, assignee, receiver or trustee of any kind, whether conferred by any person, corporation or court. The duties incident to said appointment shall be performed conformably to the requirements of the laws of this State in such case made and provided. It shall also have power to act as fiscal agent for the State of Georgia or for any other State, or for any county, city, town, corporation, public or private, for negotiating, issuing, registering, selling and countersigning bonds, certificates of stock or obligations, and for paying bonds, coupons, certificates of stock or other obligations, and for such services may charge and collect such commissions or compensation as may be agreed on. May be executor, guardian, trustee,etc. Fiscal agent. SEC. IV. Be it further enacted, That married women and minors shall be competent to make deposits with said corporation of money or other things of value, and to draw out the same at pleasure, and that their checks and receipts therefor shall be a sufficient discharge of said corporation from liability to any person or persons whatsoever. Deposits by married women and minors. SEC. V. Be it further enacted, That the capital stock of said corporation shall be fifty thousand dollars, to be divided into

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shares of one hundred dollars each, with the privilege of increasing the same to any sum not exceeding one hundred and fifty thousand dollars, after the same shall have been authorized by a vote of the stockholders called for that purpose. Certificates of stock shall be issued to each stockholder, representing his or her interest in said corporation, and all sales and transfers of stock therein must, in order to be valid, be made on the books of said corporation by the owner of said stock, or by his or her lawful attorney in fact, under such regulations and terms as may be prescribed by the directors. As soon as twenty-five thousand dollars of stock has been subscribed for and fifteen thousand dollars paid in on said stock, the corporation shall have the right to organize and transact business. The Board of Directors shall be authorized to call in the balance of said capital stock in such installments and at such times as may be deemed necessary by said board. Capital stock. Certificates and transfers of stock. Beginning business, etc. SEC. VI. Be it further enacted, That any two or more of the persons named in section 1 of this Act are hereby authorized to open books of subscription, and as soon as twenty-five thousand dollars shall be subscribed and fifteen thousand dollars paid in, the said corporators, or any one of them, may call a meeting of all the persons who have subscribed to the capital stock of said bank, to assemble at a time and place to be designated in a written or printed notice, which shall be sent to each person who has subscribed to said capital stock, at which time and place an election shall be held for a Board of Directors under the supervision of said corporators, at which election (as well as in all subsequent elections by the stockholders) each one hundred dollars subscribed to the capital stock shall be entitled to one vote. The persons receiving a majority of the votes cast shall be declared duly elected, and the Board of Directors then elected shall hold their offices until the regular annual meeting and until their successors are elected and qualified. Books of subscription. Organization. SEC. VII. Be it further enacted, That the annual or special meetings or conventions of the shareholders shall be had at such times and under such conditions and circumstances as may be fixed by the by-laws of the corporation, but no act of any convention shall be valid unless a majority of the stock is represented; that at the annual meetings of the stockholders the Board of Directors shall make, or cause to be made, full statements of the condition of the business of said corporation, and at such other times as the owners of a majority of the stock may require. Stockholders meetings, etc. Statements of condition of corporation.

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SEC. VIII. Be it further enacted, That the business and corporate powers of said corporation, the Bank of Randolph, shall be vested in a board of not less than nine nor more than twelve directors, to be elected by the stockholders at their annual meetings by a vote of the owners of a majority of the stock; but no person shall be elected a director in said bank, who shall not be a stockholder therein to the extent of five shares in his own right. Said Board of Directors shall elect from their number a president, and shall have power to appoint a cashier, assistant bookkeeper and such other officers, agents or subordinates as in their discretion may be necessary: to fix the salaries of the president and other officers and employees of said bank, and to remove all such officers, agents and employees at their pleasure, and to exercise all the powers of this franchise. The Board of Directors shall cause a minute of all of its proceedings to be recorded in a book to be kept for that purpose, and the same shall at all times be subject to the inspection of any stockholder; all stockholders at all elections of this corporation or other convention of the shareholders shall be entitled to one vote for every share of stock held or owned by such stockholder; and said vote may be given in person or by proxy duly appointed in writing. Executors and administrators shall be entitled to control the votes to which the testator or intestate would be entitled to if living, and the stock of minors shall be represented and controlled by their guardians; all votes shall be by ballot. A majority of the directors, including the president or president pro tempore , shall constitute a quorum for the transaction of business, which board shall have power to declare dividends for such amounts as the earnings of said bank may justify; to enact all by-laws and rules which may be deemed necessary or proper for the business of the bank, and may amend or repeal the same: may fill vacancies in the office of president or director, may confer on the president and other officers to be appointed such power and authority as they deem fit, and to exercise all the power granted under this Act. Directors and officers. Minutes. Votes of stockholders. Quorum of directors. Dividends, by-laws, etc. Vacancies, etc. SEC. IX. Be it further enacted, That all subscriptions to the capital stock of this corporation shall be binding upon the subscriber and upon his heirs, assigns and legal representatives, and shall be payable in such installments as the directors may require, and if any subscriber or stockholder shall fail to pay any such installment in sixty days after due, his stock shall be in default, and may be sold out to the highest bidder for cash, on the first Tuesday of any month, before the court-house door

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in Cuthbert, during legal hours of sale, by an auctioneer, if necessary, after advertising the same in the official organ of Randolph county, for fifteen days at least, or otherwise upon such notice as may be deemed best by the Board of Directors; and said stock, when sold, may be bought in for said corporation and reissued to some other person, upon his paying up the value of the same, including unpaid installments, the delinquent stockholder receiving the surplus, if any, over and above the expenses incident upon said sale, advertisement charges and attorney's fee, if any, and any deficiency in the sum received, necessary to make the amount of the installment and all expenses, shall be made good to said corporation by said delinquent stockholder. Payments for stock. Failure to pay. SEC. X. Be it further enacted by the authority aforesaid, 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 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 these 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. XI. Be it further enacted, That this charter shall be of force and effect for the term of thirty years from the date of the organization of said corporation. Term of charter. SEC. XII. Be it further enacted, That all laws and parts of laws in conflict with this [Illegible Text] be repealed. Approved September 7, 1891.

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INCORPORATING THE WASHINGTON LOAN AND BANKING COMPANY. No. 380. An Act to incorporate the Washington Loan and Banking Company. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That M. M. Sims, B. M. Calloway, G. E. Lyndon, J. W. Arnold, M. A. Pharr, Jr., Anson L. King and W. M. Sims of said State, their associates and successors, are hereby constituted and made a body corporate and politic, under the name and style of the Washington Loan and Banking Company, and by said name to sue and be sued, plead and be impleaded, contract and be contracted with; to have and use a common seal, and the same to change or alter at will; to make and establish by-laws, rules and regulations for the government of the corporation, not contrary to the charter and not inconsistent with the laws of Georgia or of the United States; to do all acts and things that may be deemed necessary and proper to carry into effect the objects and purposes of the corporation, to have and exercise all the rights and powers incident to and usually conferred on similar organizations. Said corporation shall be located at Washington. Wilkes county, Georgia. Corporators. Corporate name and general powers. Location. SEC. II. Be it further enacted by the authority aforesaid, That the capital stock of said corporation shall be forty thousand dollars, divided into shares of one hundred dollars each, with power in the Board of Directors, when authorized by a majority vote of the stock, to increase the capital stock to any amount not exceeding two hundred thousand dollars; and said corporation is authorized to commence business when as much as twenty thousand dollars of the capital stock has been paid in. The persons named in the first section of this Act, or any of them, chosen by a majority, are hereby appointed commissioners, with authority to open books of subscription to the capital stock of said company at such times and places, and for such amounts and to such persons, as they or a majority of them shall determine. All subscriptions to the capital stock shall be binding on the subscribers, their heirs, assigns and legal representatives, and shall be payable at such times and

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in such amounts and on such terms as the incorporators or directors may determine. Capital stock. Beginning business. Books of subscription. Payment for stock. SEC. III. Be it further enacted by the authority aforesaid, That said corporation shall have power to do and transact a general banking business; to receive money on deposit, with or without liability for interest as may be agreed on; to purchase or discount notes, drafts, bills of exchange, cheeks, certificates, accounts and other evidences of debt, secured or unsecured to make collections, issue and sell exchange, domestic or foreign; to purchase and own stocks, bonds and other securities of any kind, including its own stock; to loan and borrow money and to take and give such securities therefore as may be agreed upon and be considered best; to purchase, acquire in satisfaction of debts due the corporation or otherwise, own, hold, use and enjoy property of any and all kinds, and the same to alien, sell, convey, lease, rent, use, mortgage, in any manner encumber and improve as it may consider best; to invest its funds in such manner and upon such terms and in such properties as it may deem best; to receive on deposit, or for safe keeping, money or valuables of any kind from, any person, including corporations, guardians, executors, administrators, trustees, receivers and other fiduciary agents or officers; also from minors, and the receipt or acquittance of said minor shall be a sufficient release to said company from all liability to any one for such minor's deposits; and may charge such compensation as may be agreed upon for the safe keeping of any valuables entrusted to it; to execute and fill the office or position of trustee, agent, assignee or receiver under the appointment of any person, firm, corporation or court; also to act as fiscal agent for any State, person, corporation, public or private, and for such services it may charge and receive such commission or compensation as may be agreed upon; to lend money for others and charge commissions for the same; it may, in addition to the lawful rate of interest, charge such sum as may be agreed upon for securing satisfactory investigation of titles, inspecting and reporting upon property offered as security, executing papers and securities and recording the same; to collect debts for others and buy and sell stocks, bonds and other properties for others, and charge such compensation as may be agreed upon. Banking powers, etc. Safety deposits. Deposits of trustees, executors, etc. Minors. May be trustee, assignee, receiver, etc. Fiscal agent. Loans for others. Charges for investigating titles, etc. SEC. IV. Be it further enacted by the authority aforesaid, That the conduct of the business and management of the affairs, and the exercises of the powers of the corporation, shall be vested in a Board of Directors, consisting of not less than

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five nor more than nine stockholders, which board shall select from their number a president and vice-president, and such other officers as they think proper, and shall prescribe their duties and liabilities, and fix their compensation. They shall also select and appoint a cashier, who may be a director, and such other agents and employees as may, in their opinion, be needed, and shall prescribe their duties, fix their compensation, and require and take from them such bonds as they think best for the faithful performance of their duties. Said board shall make and establish by-laws, rules and regulations for the government of their body and of the corporation. A majority of said board shall constitute a quorum for the transaction of business. Said board shall fix the times of their meetings, and the times of the meetings of the stockholders of the corporation, and shall have the power to order special meetings of the stockholders when they see proper, and upon such notice as they shall determine upon. The Board of Directors shall be chosen by the stockholders, at their annual meeting, except as hereinafter provided, and shall hold their office for one year, and until their successors are elected and qualified. Until a Board of Directors is chosen by the stockholders the incorporators herein named shall constitute and have all the powers of such elected board. Directors and officers. SEC. V. Be it further enacted by the authority aforesaid, That the Board of Directors shall cause to be issued to each stockholder a certificate or certificates of stock truly representing his or her interest, and such stock shall be bound to said corporation for any indebtedness due it by said stockholders, whether as principal, security, indorser or otherwise, and said corporation shall have a lien upon such stock for such indebtedness, superior to all other liens, and after demand upon such stockholder for payment of such indebtedness, and a failure to promptly pay the same, such lien may be enforced by selling such stock, or any part thereof, at public outery, before the court-house door of said county of Wilkes, after advertising the same for four weeks in the paper in which the sheriff's sales of said county are advertised; the proceeds of such sales to be applied first to the payment of all costs and expenses, and to such debt or debts of such stockholders, and the balance if any, to such stockholder, or the person legally entitled to the same. No stockholder, while so indebted to the corporation, can sell, transfer, pledge or dispose of his or her stock without the consent of the Board of Directors, and any sale, transfer, pledge or disposition by such stockholder, while so indebted, without such consent, shall be void against the corporation.

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All transfers or sales of stock, in order to be valid, must be made on the books of the corporation by the owner or his duly constituted attorney in fact, and under such rules and regulations as may be prescribed by the directions, and any other sale or transfer is void against the corporation. Certificates of stock. Lien on stock for indebtedness to corporation. Transfers of stock. SEC. VI. Be it further enacted by the authority aforesaid, That to render an election valid a majority of all the stock must be represented in any stockholders' convention, and in all elections and all questions that come before the stockholders meetings or conventions each share of stock of one hundred dollars shall be entitled to one vote, which may be cast by the owner or his or her written proxy, which proxy must be a stockholder; provided , any administrator, executor or other legal representative of a stockholder may vote the stock represented by him or her. Elections by stockholders. Votes of stockholders. [Illegible Text] etc. SEC. VII. Be it further enacted by the authority aforesaid, That said corporation shall, at its pleasure, have the right to open and establish a savings department, paying such interest on deposits as may be agreed upon by it and the depositors, and not in violation of the laws of the State; and when such savings department is established, said corporation shall have all the powers and privileges incident to and usually conferred on such institutions, and as may be considered necessary and essential for the proper and successful operation of such department. Savings department. SEC. VIII. Be it further enacted by the authority aforesaid, That if any stockholder shall fail to pay any call or installment on his stock or stock subscription within thirty days after the same has been called for, as hereinbefore provided, his stock shall he in default, and it may be sold out to the highest bidder for cash, on the first Tuesday in any month after such call, during legal sale hours or otherwise, upon such notice or advertisement as may be deemed best by the Board of Directors. Said stock may be bought in by and for said corporation, and it may be reissued to some other party or person upon his, her or their paying the value of the same, including unpaid installments, the delinquent stockholder receiving the surplus, if any, over and above the expenses incident to such sale, including attorney's fees, if any; and any deficiency in the sum received at such sale necessary to make the amount due on said stock and all of said expenses shall be made good to said corporation by said delinquent stockholder. Failure to pay for stock. SEC. IX. Be it further enacted by the authority aforesaid, That said corporation may make loans wherein the principal, with interest at the rate agreed upon, and not in excess of the

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highest contract rate allowed by law, is to be paid in equal monthly installments, the first installment to be payable one month from date of loans, and each subsequent installment to be payable upon the expiration of each succeeding month during such period of time as is agreed upon, notes or other securities to be given therefor, and in each of said securities or installments there may be included, besides a proportional part of the principal, the interest upon said proportionate parts of the principal calculated to the time of maturity of the last installment. Loans and interest. SEC. X. Be it further enacted by the authority aforesaid, That when said corporation is authorized to commence business, as provided in section 2 of this Act, the incorporators, or a majority of them, shall call a meeting of the stockholders, upon such reasonable notice as they deem proper, and at such meeting the stockholders shall elect a Board of Directors, who shall serve for one year, and until their successors are elected and qualified. The Board of Directors is authorized to fill all vacancies occurring in their body between the times of the annual elections. The president and directors shall place before the stockholders, at their annual meetings, a correct statement of the business and affairs of the said corporation, and of its assets and liabilities. Organization. Vacancies. Statements of condition of business. SEC. XI. Be it further enacted by the authority aforesaid, 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 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 and stockholders for debts of corporation. SEC. XII. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved September 7, 1891.

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INCORPORATING THE THOMASON BANKING COMPANY OF MADISON, GEORGIA. No. 381. An Act to incorporate the Thomason Banking Company of Madison, Georgia, to grant certain powers and privileges thereto, and for other purposes therein named. The General Assembly of the State of Georgia do enact: 1. That R. U. Thomason, J. R. High, P. W. Walton, G. D. Perry, J. K. Wright of the county of Morgan, and John F. Henderson of the county of Newton, and such other persons as may become associated with them and their successors and assigns, be, and they are, hereby incorporated and made a body corporate and politic under the name of the Thomason Banking Company of Madison, Georgia, with power by this name to sue and be sued; to plead and be impleaded in any court having jurisdiction over the subject-matter involved; to contract and be contracted with; to have and use a corporate seal which they may renew and alter at pleasure; to make, change and repeal such by-laws as they may deem necessary or proper for the government of its officers and the conduct of its business, not inconsistent with this Act or the laws of the United States or the State of Georgia; to acquire and hold any property, real or personal, or choses in action by purchase, donation or in satisfaction of any debt due to said corporation, or which may have been mortgaged or conveyed to said bank for moneys which may have been owing to it, or advanced by it; and to control the same, and to hold or dispose of the same as in the opinion of the Board of Directors may seem best for the interest of the bank; to receive, acquire, own and hold property of any description as collateral to or security for any moneys loaned or advanced by it, or in satisfaction thereof; and to alien, convey, lease, rent, mortgage, sell or otherwise dispose of the same in any manner in which a natural person might dispose of similar property; to appoint and remove at the pleasure of the Board of Directors any and all officers and agents that said board may deem necessary or proper for the conduct and management of its business, and to do all acts and things necessary or convenient to properly carry into effect the objects and purposes of this Act; and to exercise in general all the powers incident to bank corporations, and necessary and proper for the transaction of the business for which it is incorporated. The

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said corporation shall be located in Madison, Morgan county, Georgia. Corporators. Corporate name and general powers. Location. SEC. II That the capital stock of said corporation shall be twenty-five thousand dollars, divided into shares of one hundred dollars each, with the privilege of increasing the same at any time, to any sum not exceeding two hundred and fifty thousand dollars, as may be deemed best by the Board of Directors, but no increase of capital shall be valid, unless ratified by the consent, in writing, of the owners of two-thirds of the stock paid in. The corporators named in the first section of this Act, or any two of them or their successors or assigns, are hereby appointed commissioners to open books of subscription to the capital stock at such time and place, and for such length of time as they may deem best, but for no less amount than the capital stock designated herein. Said corporation shall have the authority and privilege to commence its said business so soon as twenty-five thousand dollars of said capital stock shall be subscribed, and twelve thousand five hundred dollars actually paid in; and when twenty-five thousand dollars shall be subscribed and twelve thousand five hundred dollars paid in, the said corporators or any one of them may call a meeting of all persons who have subscribed to the capital stock of said bank, at a time and place to be designated in a written or printed notice which shall be sent to each person who has subscribed to the capital stock, at which time and place, an election shall be held for a Board of Directors under the supervision of said commissioners, at which election each share subscribed to the capital stock and fifty per cent. thereof paid in shall be entitled to one vote. The persons receiving a majority of the votes shall be declared duly elected; and the Board of Directors thus elected shall hold their office until the regular annual meeting, and until their successors are elected and qualified. Capital stock. Books of subscription. Beginning business. Organization. SEC. III. That the annual meeting of the stockholders of the company shall be held in the banking house in the city of Madison on the first Wednesday in January annually, and at all the meetings of the stockholders, and in all elections, each stockholder shall be entitled to one vote for each share owned by him. Stockholders owning a majority of the stock may call a meeting of the stockholders for the transaction of any specific business, by giving ten days' notice in writing to the other stockholders. The Board of Directors shall make semi-annual statements of the business and credits of the bank, its liabilities and assets to the stockholders thereof, on the first Monday in January and July of each year, and shall make to the Governor of the State

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all such returns as are required by law, and such statements to the stockholders and such returns to the Governor shall be kept in a book for future reference. Annual meetings of stockholders. Called meetings. Statements and returns. SEC. IV. That the business and corporate powers of the said corporation, The Thomason Banking Company of Madison, shall be vested in a board of not less than five and not more than nine directors, to be elected by the stockholders at their annual meeting by a vote of the owners of a majority of the stock, but no person shall be elected a director who shall not be a stockholder in said bank. Said Board of Directors shall elect from their number a president and shall have power to appoint a cashier, assistant bookkeeper, teller, attorney and such other officers, agents or subordinates as in their judgments they may deem best; to fix the salaries of the president and all other officers and employees of the bank, and to remove all such officers, agents and employees at their pleasure, and to exercise all the powers of their franchise. The Board of Directors shall cause a minute of its proceedings to be recorded in a book to be provided for that purpose, and the same shall at all times be subject to the inspection of any stockholder. All stockholders at all elections of this corporation, or other conventions of the shareholders shall be entitled to one vote for every share of stock held or owned by such stockholders and such vote may be given in person or by proxy, duly appointed in writing. Executors and administrators shall be entitled to control the votes to which the testator or intestate would be entitled to if living, and the stock of minors shall be represented and controlled by their guardians. All votes shall be by ballot. A majority of the directors, including the president, or the president pro tempore , shall constitute a quorum for the board, for the transaction of business, which board shall have power to enact all laws or by-laws which may be deemed necessary or proper for the business of the bank, and may amend or repeal the same, and may exercise all the powers granted by this Act to this corporation; may fill vacancies in the office of president or director, and may confer upon the president and other officers to be appointed such powers and authority as they may deem consistent with this Act. The Board of Directors shall be elected for the term of one year, on the first Wednesday in January annually, but the said Board of Directors shall be subject to removal from office by a majority of the stockholders of said bank; provided , said stockholders own and control a majority of the stock. Directors and officers. Minutes. Votes of stockholders. Quorum of directors. By-laws, etc. Vacancies, etc. Terms of directors. Removal from office. SEC. V. That certificates of stock shall be issued to each stockholder, representing the amount of stock held by said

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stockholder in such form and manner as the Board of Directors may prescribe, and such stock shall be held bound to the bank for any indebtedness or dues of said stockholder to the company. All sales and transfers of stock shall be made in person or by written power of attorney, in a book kept for that purpose, but no stockholder who is indebted to the company shall be allowed to sell or transfer his stock without the consent of the Board of Directors. Certificates of stock. Transfers of stock. SEC. VI. That this corporation, The Thomason Banking Company of Madison, shall have power and authority to receive money on deposit and issue certificates therefor upon lawful terms agreed upon; to loan and to borrow money, and to take and give therefor such securities as may be considered best; to make advances upon real or personal property, or both; to invest its funds in such manner and upon such terms as it may deem best, and to transfer its property at pleasure; to receive valuables and other articles of personal property of any sort [Illegible Text] kind, including certificates of stock, choses in action, securities or other evidences of the same, or of titles thereto on deposit or for safe keeping, from any person or persons, as well as from executors, administrators, guardians, receivers, corporations, public and private officers, assigns and all other fiduciaries, the said Thomason Banking Company of Madison charging and receiving therefor such sums of money as may be agreed upon; to deal in precious metals, foreign and domestic exchange, bills of lading, contracts, claims, receipts, rents, choses in action of every kind whatsoever, mortgages, bonds, stocks, securities and evidences of debt generally, and to enforce the same in any court having jurisdiction over the subject-matter; to do a general banking business, including the purchase and discounting of notes, bills of exchange, stocks and bonds and all other securities; to buy, sell, rent, improve, mortgage, lease or otherwise to have, hold, operate or control any real or personal property in this or any other State or Territory; to receive deposits of money for investment purposes on such lawful terms as may be agreed upon, and to issue certificates or receipts therefor; to negotiate, buy or sell for others stocks, bonds, bills of exchange, promissory notes, rents, mortgages, deeds, choses in action, securities, real and personal property; to make or negotiate loans for others, for any length of time, upon real or personal property in any State or Territory in the United States, and to secure the same by mortgages, deeds or otherwise, and for all such loans said Thomason Banking Company of Madison shall have the power and authority to charge and collect therefor for expenses incurred and services rendered, or procured to

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be rendered, in examining the property advanced upon, and making investigations and abstracts of title therefor and for reporting on and inspecting the property offered as security; and said company shall be authorized to charge and collect such commissions as may be agreed upon where they lend money for or negotiate loans for others; to receive money in trust or on deposit and invest or accumulate the same at such rate of interest as may be agreed upon, not to exceed the lawful rate; to allow interest on money deposits, and to accept and execute all such trusts as may be committed to it by any person or persons or corporation whatever. Banking powers, etc. SEC. VII. That the directors of said bank may semi-annually declare a dividend of the net profits thereof as they may deem expedient after paying its expenses and debts; but before declaring a dividend said directors shall carry one-tenth part of the net profits of the preceding six months to the surplus fund until the same shall amount to twenty-five per cent. of its capital stock, and in estimating the net profits no claim owing said bank, or other assets, shall be accounted as solvent which are six months past due, unsecured and not in process of collection, and such shall be considered insolvent and charged off before said surplus is set aside or a dividend declared. Dividends. Surplus. SEC. VIII. That in case any subscriber to the company shall fail or refuse to pay any of the assessments or installments of the capital stock which may be called for by the commissioners or Board of Directors, the board may, after ten days' notice to such defaulting subscribers, proceed to collect the entire indebtedness for subscription to stock by bringing suit therefor against such defaulting subscriber in any court having jurisdiction of the same, or the stock of such defaulting subscriber may, by resolution of the Board of Directors, be sold on such terms and in such manner as said board may prescribe, after thirty days' notice to the delinquent. Failure to pay for stock. SEC. IX. Be it further enacted by the authority aforesaid, 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 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

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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 and stockholders for debts of corporation. SEC. X. That the cashier appointed by said Board of Directors shall give such bond as they may require, and it shall be the duty of said cashier to keep safely all moneys, notes, bonds, bills or other property committed to his charge in the course of business; and he shall have power and authority to bind the bank by signing checks, drafts, receipts or certificates of deposit, in conducting the business of the bank. Cashier. SEC. XI. That the total liabilities to said bank of any person, company, firm or corporation (including in the liabilities of the firm, corporation or company the liabilities of the several members thereof) shall at no time, nor by any construction or device exceed one-tenth part of the capital stock of said bank paid in; provided , that the discount of bills of exchange, drawn in good faith, or securities convertible in the open market, shall not be considered as any portion of said liabilities. Limitation upon power to lend money, etc. SEC. XII. That said company shall keep a printed copy of this charter in their office, open to the inspection of all parties who wish to transact any business therewith. Copy of charter to be exposed in office. SEC. XIII. That this Act shall continue in force for thirty (30) years. Term of charter. SEC. XIV. That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved September 7, 1891. CHANGING NAME OF THE SAVANNAH SAVINGS BANK. No. 382. An Act to amend an Act to incorporate the Savannah Savings Bank and Mortgage Company, and for other purposes, approved December 16, 1890. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act the above entitled Act be, and the same is, hereby so

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amended as to change the name of the Savannah Savings Bank and Mortgage Company to the Savannah Savings Bank, under which name said corporation shall be clothed with all the rights, powers and privileges, and have all the liabilities, of said Savannah Savings Bank and Mortgage Company. Name changed to the Savannah Savings Bank. 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. INCORPORATING THE HALL COUNTY ALLINCE WAREHOUSE AND BANKING COMPANY. No. 389. An Act to incorporate the Hall County Alliance Warehouse and Banking Company of Georgia, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That W. A. Thompson, A. H. Wingo and A. J. Mundy, and such other persons as may hereafter be associated with them, and their successors and assigns, shall be, and they are, hereby created a body politic and corporate, and under the name and style of the Hall County Alliance Warehouse and Banking Company, and by that name, may sue and be sued, plead and be impleaded, defend and be defended, in any court whatever; may have and use a common seal and have such powers as are herein set forth. Their office shall be in Gainesville, Hall county, Georgia. Corporators. Corporate name and general powers. Location. SEC. II. Be it further enacted, That the capital stock of said banking company shall be twenty-five thousand dollars, divided into five thousand shares of five dollars each, and each share shall entitle owner thereof to one vote at all meetings of the stockholders. The capital stock may be increased to any amount not to exceed two hundred thousand dollars, at any time, by a vote of two-thirds of the stockholders. Capital stock. SEC. III. Be it further enacted, That no one shall be a director or other officer in said corporation unless he be a stockholder in the same, and the Board of Directors shall have the power to prescribe in the by-laws who shall or can

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become possessed of stock in said corporation, and the manner in which, and the conditions under which, stock may be purchased or owned and transferred. Directors and officers must be stockholders. Regulations as to purchasing owning and transferring stock. SEC. IV. Be it further enacted, That no one person be permitted to purchase or hold in his or her name more than five hundred shares of the stock of this corporation. No one may hold more than five hundred shares. SEC. V. Be it further enacted, That as soon as one-half of the capital stock is subscribed, and fifty per cent. of said subscription is paid in, the incorporators, or a majority of them, may call a meeting of the subscribers, and they may organize by electing a Board of Directors, not less than five nor more than nine, as their by-laws may designate, who shall hold their offices one year and until their successors are elected. Such board shall elect one of their number president. They shall also appoint all other officers and employees, and prescribe such bond and security as they may deem necessary. They shall call a meeting of the stockholders at least once in each year, and make to them a full report of the management of said bank the preceding year. Organization. Directors and officers. Stockholders meeting. Reports. SEC. VI. Be it further enacted, That the stock shall be transferred only on the books of the company, either in person or by power of attorney, and no stockholder shall transfer his or her stock except by the consent of the officers of said banking company, if he is indebted to the bank as principal, security or otherwise, until such indebtedness is paid off and discharged, and for all such indebtedness the bank shall have a first lien upon the stock of such stockholder. Transfers of stock. SEC. VII. Be it further enacted, That when six thousand five hundred dollars lawful United States money shall have been paid in by stockholders, the directors shall be empowered to proceed with their business, receive deposits, discount commercial paper, buy and sell exchange, acquire and hold real and personal estate, and perform such other acts usual in such cases; shall have authority to loan money on real and personal estates, or such other security as said Board of Directors may see fit, at any rate of interest that may be agreed on in writing not in excess of the highest interest allowed in contract by the laws of Georgia. Banking powers,etc. SEC. VIII. Be it further enacted, That the said company shall have power to take charge of, management of, or custody of, warehouses, for the furtherance of their business, and to receive on storage or deposit goods for safe keeping or for shipment, wares, merchandise, bullion, specie, freight, stock, bonds, choses in action, certificates and evidences of debt, titles and other personal property to guarantee

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the payment of promissory notes, bills of exchange and liens or securieties, and to advance and loan money, take securities and extend credit on personal property and the faith and security thereof, and to transact and carry on all kinds of business usually transacted by bankers, warehousemen or safety deposit companies. Warehouse safety deposits etc. Guaranty powers,etc. SEC. IX. Be it further enacted by the authority aforesaid, That said corporation shall be reponsible 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 stockholders 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 stockholder 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. X. Be it further enacted, That at least twenty-five per cent. of the earnings of the corporations to be set aside as a reserve fund, to be used in such manner as the directors may prescribe; provided, however , that when said reserve fund shall have equaled the capital stock, that certificates of stock be issued to holders of the original stock, and such stock be subject to the same laws governing original stock. Reserve fund. SEC. XI. Be it further enacted, That this charter shall be in force for thirty years from 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 September 8, 1891.

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INCORPORATING THE MARIETTA TRUST AND BANKING COMPANY. No. 390. An Act to incorporate the Marietta Trust and Banking Company, to define its powers and privileges, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That Moultrie M. Sessions, John T. Brantley, Joseph Paige, W. M. Sessions, and Walter L. Sessions of Marietta, Ga., and A. P. Brantley of Black shear, Ga., their associates, successors and assigns be, and they are, hereby constituted and declared a body corporate and politic under the corporate name and style of the Marietta Trust and Banking Company, and by said corporate name may contract and be contracted with, sue and be sued, plead and be impleaded, receive, purchase, own, hold and use property of all descriptions, and alien, convey, lease and mortgage and otherwise dispose of same in any manner that a natural person might lawfully dispose of similar property. Said corporation shall have power to make, use, renew and alter at pleasure a corporate seal; make by-laws, not inconsistent with the laws of this State or the United States, and do any and all acts and things necessary or proper to carry into effect the objects and purposes of this Act, and to exercise in general the powers incident to corporations, particularly banking companies, and necessary and proper for the transaction of the business for which it is incorporated, including the rights, powers and privileges enumerated and set forth in section 6, 7 and 8 of the Acts of the General Assembly of Georgia, approved December 18th, 1886, incorporating the Oglethorpe Savings and Trust Company, the language of which sections is hereby adopted and made a part of this Act, as though fully set forth herein, except the words the Oglethorpe Savings and Trust Company, substituting where they occur the words the Marietta Trust and Banking Company. Corporators. Corporate name and general powers. SEC. II. Be it further enacted, That the principal place of business of said corporation shall be in the city of Marietta, Cobb county, Georgia, but it may establish branches or agencies at other places in said State or elsewhere, and may delegate to them such powers as may be necessary for properly transacting the business of such branches or agencies. Principal and branch offices. SEC. III. Be it further enacted, That the capital stock of said corporation shall be fifty thousand dollars ($50,000.00),

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divided into one thousand shares of fifty dollars ($50.00) each, with the privilege of increasing the capital stock to two hundred thousand dollars ($200,000.00), or 4,000 shares, the increase to be made in the manner prescribed by the bylaws, and the incorporators, or a majority of them, are authorized and empowered to open books of subscription for said stock, which shall be paid in by the subscribers or stockholders in monthly installments, and in such sums as may be determined by the Board of Directors, not to be less than $1.00 per share per month, and such payments shall continue until the amount paid in shall be $50.00 per share; provided , any stockholder, with the consent of a majority of the directors, shall have the right to pay the entire amount subscribed for or due by him or her at any time, and may receive such interest on advance payments as the Board of Directors may see fit to allow. Capital stock. Books of subscription. Payments for stock. SEC. IV. Be it further enacted, That said company shall have the right to do a general banking business; to receive deposits; to make loans and discounts; to loan its own or its depositors' funds; to obtain and procure loans for any person, company, copartnership or corporation, and to charge a commission for such services; to invest its own money or the money of others; to lend and invest money in or upon the security of and by way of mortgage, pledge, deed or otherwise on or over any lands, hereditaments or real property, or interest therein, of any description situated in the State of Georgia; to lend money upon or bills of lading or the contents thereof, bills, notes, bonds, choses in action, or on any and all negotiable or commercial paper, or any crop or produce whatever, or any stock, bullion, merchandise or effects, and the same to sell or in anywise dispose of, and to charge any rate of interest on all such loans that may be agreed on, in writing, not exceeding the rate allowed by law, and it may also make such loans for any length of time agreed on and charge interest for the whole time and include the same in the note or notes, or other security given therefor, and collect the same by monthly, bi-monthly, quarterly, semi-annual or annual installments, or otherwise, without any rate of interest thereon, if the debtor or borrower will so agree. Banking powers, etc. SEC. V. Be it further enacted, That as soon as five hundred shares shall be subscribed for and the sum of ($10,000.00) ten thousand dollars is paid in on said stock, the stockholders shall have the right to organize the corporation under this Act and to transact business. At the first or any subsequent meeting of the stockholders, called by a majority of the corporators, a Board of Directors, from among the

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stockholders, a majority of whom must live in Marietta, Georgia, of not less than five nor more than nine, shall be elected to hold office until their successors are elected and qualified. A majority of the directors shall constitute a quorum for the transaction of business. Organization. SEC. VI. Be it further enacted, That the corporate powers of said corporation shall be vested in and exercised by the Board of Directors, who shall serve one year and until the election of the first board, which shall serve until their successors are elected and qualified. They shall choose out of their own number a president, a vice-president, and shall choose an attorney for said bank who may or may not be a director, and shall have the power to fill any vacancies which may occur in said board, and shall appoint such other officers, agents and clerks as may in their judgment be necessary; fix their salaries and define their duties, and remove them whenever it seems to said board proper to do so; requiring of any officer or agent so appointed such bond and security as may be deemed proper by said board to secure the faithful discharge by him of his duties and the trust reposed in him. Said Board of Directors shall have power to make by-laws for the management of the affairs of said corporation and do all things necessary for the protection of its interest in comformity with the provisions of this Act, subject to review, modification or repeal by the stockholders at an annual meeting. Directors and officers. By-laws, etc. SEC. VII. Be it further enacted, That said corporation shall have the first lien upon the stock or shares of each stockholder for any indebtedness that the stockholder may owe or be liable for to the company, whether by overdraft, note, acceptance, indorsement, security or otherwise; but it shall make no loans or discount on the stock or shares of its own capital stock. Lien upon stock for indebtedness to corporation. SEC. VIII. Be it further enacted, That said corporation may make loans on real estate or personal property or other security at any rate of interest that may be contracted for in writing, not exceeding the highest rate allowed by law, and may charge interest for the whole time and include the same in the notes or notes, mortgages, deeds, or other security given therefor and collect the same by bimonthly, monthly, quarterly, semi-annual, or annual installments or otherwise without any rebate of interest thereon, the debter or borrower so agreeing thereto by executing the note or notes, mortgage, deed or other security aforesaid; provided , that when said company shall make loans on real estate it shall have all the rights, powers and privileges conferred by an Act to authorize and empower building and loan associations and other like associations of this State

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to lend money to persons not members nor stockholders 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 26th, 1888; and said corporation shall also, in addition to the above, have the right to lend money upon improved farms, upon the same terms as upon city, town and suburban property as described in this section and in said Act, and such loans shall not be usurious. Loans and interest. SEC. IX. Be it further enacted by the authority aforesaid, 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 stockholders 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 and stockholders for debts of corporation. SEC. X. Be it further enacted, That the directors shall have power to declare dividends out of the earnings of said corporation; provided , that no dividend shall be declared until the earnings are sufficient to pay the same, after deducting all expenses of carrying on and operating said banking business and in no way lessening or interfering with the capital of said bank. Dividends. SEC. XI. Be it further enacted, That this charter shall be of force and effect for the term of thirty years from the date of the organization of said corporation. Term of charter. SEC. XII. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved September 8, 1891.

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AMENDING CHARTER OF THE CITIZENS BANK OF SAVANNAH. No. 391. An Act to amend an Act entitled An Act to incorporate the Citizens' Bank of Savannah; to provide for the merger of the Citizens' Mutual Loan Company into said bank, and for other purposes, approved September 27, 1887. SECTION I. Be it enacted by the General Assembly of Georgia, That section 2 of an Act entitled An Act to incorporate the Citizens' Bank of Savannah; to provide for the merger of the Citizens' Mutual Loan Company into said bank, approved September 27, 1887, be, and the same is, hereby so amended as to allow the directors of said The Citizens' Bank of Savannah to increase the said bank's present capital stock to five hundred thousand (500,000) dollars, from time to time, to any amount not exceeding one million (1,000,000) dollars, so that said section 2 of said Act, as hereby amended, shall read as follows: Sec. 2. That the capital stock of said corporation shall be five hundred thousand dollars, divided into five thousand shares of one hundred dollars each, with power to the directors of said bank to increase the same to any amount not exceeding one million dollars upon giving public notice of such intention to increase for thirty days in a public gazette published in the city of Savannah, in which notice the amount of the proposed increase of the capital stock of said bank shall be specified. Increase of capital stock. SEC. II. Be it further enacted, That section 3 of said Act be, and the same is, hereby amended by striking out the words four and thirteen and substituting for four the word seven and for the word thirteen the words twenty-four, so that the following words of said section, towit: The corporate powers of said bank shall be exercised by a Board of Directors of not less than four nor more than thirteen persons, be hereby amended and changed so as to read: The corporate powers of said bank shall be exercised by a Board of Directors of not less than seven nor more than twenty-four persons. Number of directors. SEC. III. Be it further enacted, That said section 3 of said Act be, and the same is, hereby further amended by striking therefrom the following clause, to-wit: A majority of said directors shall have power to act at all meetings of the board and to fill any vacancies that may occur in the board, and by inserting in lieu thereof the following: A majority of the directors of said bank shall be residents of the city of

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Savannah, and a majority of the directors resident in Savannah shall constitute a quorum of said board at all meetings with power to act, but in case of the sickness or absence from said city of one or more of said resident directors, then a majority of said resident directors, who are in said city at said time, and who are not prevented by sickness from attending, shall constitute a quorum for the transacting of all business; provided, however , in no case shall any number of directors less than five constitute a quorum of said board. Said board shall have power at any meeting, at which a quorum is present, to fill any vacancies that may occur therein. Residence, quorum, etc., of directors. SEC. IV. Be it further enacted, That the said Act be so amended that the present, or any future Board of Directors of said bank, shall have the power, after the month of June and prior to the month of January, to change the annual election of the directors from the second Tuesday in June to the second Tuesday in January; provided , notice of such change be published at least once in a newspaper in Savannah thirty days prior to the second Tuesday in January in which the election is to take place, but no board shall have the power to make such change so as to extend their term of office beyond the period for which elected. In case of such change of the annual election of directors from June to January, the annual statement of the assets and liabilities of the bank, required by section 7 of said Act, to be made on the first Tuesday in June, shall be made on the first Tuesday in January in each year. Change of time for electing directors. Annual statement. SEC. V. Be it further enacted, That the directors of said bank shall have the right to open and maintain a savings department of said bank, and to pay such interest on deposits as may be agreed on by the parties, and to make all such reasonable rules and regulations for the conduct of such savings department as may be deemed by them proper and necessary for the protection of said bank and its depositors; provided, however , said savings department shall not be established until after a notice of an intention so to do has been published once a week for four weeks in a public gazette of said city, and not then, if the holders of a majority of the stock of said bank shall, before the expiration of said four weeks' notice, file their written objection thereto with the cashier of said bank. Savings department. SEC. VI. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved September 8, 1891.

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INCORPORATING THE BANK OF DEMOREST. No. 416. An Act to incorporate the Bank of Demorest, in Habersham county, Georgia. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That C E. Hendrickson, F. J. Sibley, J. S. Green, A. A. Safford, James Phillips, F. B. Gartrell, H. P. Fitch, G. W. D. [Illegible Text] son, C. Bangs, J. F. Cleghorn, and their associates, successoin and assigns, be, and they are, hereby incorporated and made a [Illegible Text] corporate and politic under the name of the Bank of Demorest, to be located in Demorest, Habersham county, State of Georgia. Corporators. Corporate name and location. SEC. II. Be it further enacted, That the capital stock of said corporation shall be twenty-five thousand dollars, divided into two hundred and fifty shares of one hundred dollars each, with power to increase the same to any amount not exceeding three hundred thousand dollars whenever it may be deemed expedient by the stockholders in meeting assembled, a majority of the entire stock voting in favor of such increase before the same can be effected. Capital stock. SEC. III. Be it further enacted, That whenever one-half of the capital stock shall be subscribed, and one-half of the capital stock so subscribed shall have been actually paid in lawful money of the United States, the incorporators, or a majority of them, may call a meeting of the subscribers, and they may organize by electing a Board of Directors, as hereinafter provided, and the corporation may then proceed to transact a general banking business; shall exercise corporate power, and be competent to contract and be contracted with, sue and be sued, plead and be impleaded in any court having jurisdiction of the subject-matter involved, and shall be capable of receiving, purchasing, holding, owning and using property of every description, and of aliening, conveying, leasing, mortgaging and otherwise disposing of the same in any manner that a natural person might do. Said corporation shall have power to make and use, renew and alter at pleasure a corporate seal, and to do all other acts and things necessary or proper to carry into effect the object and purpose of this Act and the business of this corporation not inconsistent with the laws of this State or the United States. Organization. General powers. SEC. IV. Be it further enacted, That the business and corporate powers of said corporation shall be vested in and exercised by a board of not less than five nor more than eleven directors, who shall serve one year and until their successors are elected. Said board shall elect from their own number a president; may make all laws or by-laws not inconsistent herewith, and which may be deemed necessary or proper for the business of the corporation; fix the number of directors which shall be a quorum for the transaction of business, and the day of meeting of such board. A majority of said directors shall be citizens of this State, and each director shall

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be owner in his own name of not less than three shares of stock of said corporation; they shall have power to fill any vacancies which may occur in said board; may elect a cashier, and may, from time to time, elect and appoint and remove all such other officers and agents as their business may require; fix their compensation, and take such bonds or other security from its officers and agents as said Board of Directors may deem necessary to secure the faithful performance of their duties. They shall cause a minute of all its proceedings to be recorded in a book to be provided for that purpose, and the same shall at all times be subject to the inspection of any stockholder. Directors and officers. Minutes. SEC. V. Be it further enacted, That this corporation shall have authority to receive moneys on deposit and give certificates therefor; to pay such legal interest as may be agreed upon; to deal in foreign and domestic exchange, bonds, mortgages, contracts, choses in action, stocks, claims and rents; to loan and borrow money, and to give and take security therefor; to acquire, receive, purchase, hold, own, use, have, mortgage, sell, dispose of, rent or mortgage any kind of property, real or personal, just as any natural person might or could do. Banking powers, etc. SEC. VI. Be it further enacted, That each stockholder shall be entitled at all meetings of the stockholders and in all the elections for directors to one vote for each share of stock held by him or her, either in his or her own right, or in any fiduciary capacity, and may vote either in person or by proxy under a written power of attorney. All votes shall be by ballot. No meeting of the stockholders shall be held unless a majority of the stock of the corporation is represented in such stockholders' meeting. Votes of stockholders. Quorum of stockholders. SEC. VII. Be it further enacted, That certificates of stock shall be issued to stockholders in such form and manner as the Board of Directors may prescribe; all transfers of stock shall be made in person or by written power of attorney in a book to be kept for that purpose. Certificates and transfers of stock. SEC. VIII. Be it further enacted, That the said corporation shall have first lien upon the stock or shares of each stockholder for any indebtedness that the stockholders may owe or be liable for to the corporation, whether by overdraft, note, acceptance, indorsement, security or otherwise; and said lien shall be superior to all other liens, and which may be foreclosed upon the same as a mortgage upon personal property and sold in the same way. Lien upon stock for indebtedness to corporation. SEC. IX. 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 for one 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

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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 and stockholders for debts of corporation. SEC. X. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved September 11, 1891. INCORPORATING THE JEFFERSON STREET BANK. No. 419. An Act to incorporate the Jefferson Street Bank of Madison, Georgia, and for other purposes. SECTION I. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That John Orr, S. B. Cohen, S. A. Turnell J. E. Godfrey and E. W. Butler, and such other persons as may become associated with them and their successors and assigns, are hereby constituted a body corporate under the name of the Jefferson Street Bank, to be located in Madison, Morgan county, Georgia. Corporation. Corporate name and location. SEC. II. Be it further enacted, That the capital stock of said company shall be twenty-five thousand dollars, with the privilege of increasing the same to one hundred thousand dollars, upon such plan and at such time as the stockholders may determine upon, [Illegible Text] such increase may be by the full payment of the amount prescribed per share by said stockholders, or may be by monthly intallments of so many dollars per share as said stockholders may decide; said stock to be divided into shares of one hundred dollars each, and when there shall be twenty-five thousand dollars of said capital stock subscribed and fifteen thousand dollars actually paid in lawful money of the United States, the said company may organize and proceed to business under this Act. Capital stock. Beginning business. SEC. III. Be it further enacted, That when the subscription authorized in the second section of this Act shall be twenty-five thousand dollars or more, and when fifteen thousand dollars or more, in lawful money of the United States, shall have been received by the commissioners provided for in this Act on account of subscriptions, then the said subscribers shall be and become a body corporate and politic, with continued succession under the name of the Jefferson Street Bank, and by that name shall exercise corporate powers and be competent to contract and be contracted with, sue and be sued, plead and be impleaded in any court having jurisdiction of the subject-matter involved, and shall have power to take, receive, purchase and hold as security for or in payment of any loans or advances made or otherwise,

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real, personal or mixed property, so far as may be necessary for the safe and convenient prosecution of the business of said bank as a bank of discount and deposit, and may execute and issue all such receipts, certificates, contracts, deeds or other instruments as may be necessary; and said bank shall have power to make, use, renew and alter at pleasure a corporate seal, and to do all acts and things necessary or proper to carry into effect the objects and purposes of this Act and the business of said corporation not inconsistent with the laws of this State or of the United States. General powers. SEC. IV. Be it further enacted, That said corporation shall have power to receive money on deposit; to lend and borrow money; to take and give therefor such securities as may be considered best; to purchase and discount notes and bills of exchange, stocks and bonds: to receive money on deposit from minors and married women, which shall be held for the exclusive right of the depositors, free from the control or lien of all persons whatever, except creditors, and all receipts and acquittances of such minors or females shall be a valid and sufficient release and discharge for such deposit, with any accruing interest so paid: to lend money for others and charge therefor commissions as hereinafter provided, and to do all acts it may deem advisable and profitable investment of the funds of said bank, and the exercise and enjoyment of its corporate powers. Banking powers etc. SEC. V. Be it further enacted, That the total liabilities to said bank of any person, firm, company or corporation (including in said liabilities of said firm, corporation or company the liabilities of the several members thereof), for borrowed money, shall at no time exceed one-tenth part of the capital stock of said bank paid in, but the discount of bills of exchange drawn in good faith, the discount of commercial paper actually owned by the person negotiating the same, loans payable on demand, and securities convertible in open market, shall not be considered as any part of said liabilities. Limitation upon power to lend money. SEC. VI. Be it further enacted, That said bank shall be authorized to lend money and take as security therefor personal security, notes, mortgages and evidences of debt of value as collateral security, and deeds to land, giving bond for titles, or to reconvey to the borrower and make such lawful charges as may be agreed upon, in addition to the legal rate of interest, for securing satisfactory investigation of titles and drawing of necessary deeds, mortgages and liens or other papers connected with any loan. Charges for investigating titles, etc. SEC. VII. Be it further enacted, That the business and corporate powers of said bank shall be exercised by a board of not less than five nor more than seven directors, to be chosen as hereinafter provided, who shall elect from their number a president, may make by-laws for their government not inconsistent herewith, fix the number of directors who shall be a quorum for the transaction of business, the day of meeting of said board and the salaries of its officers, and such other business as may be necessary to carry out the provisions of this Act. A majority of said directors shall be citizens of said State, and each director shall be owner in his own name of not less than five shares of stock. Said board shall have

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power to elect a president, vice-president and cashier, and such other officers as the interest and business of said bank may require and to dismiss any officer by a two-thirds' vote of the directors. Directors and officers. SEC. VIII. Be it further enacted, That the directors of said bank may, semi-annually, declare a divident of so much of the net profits as they may judge expedient, after defraying its expenses and paying its debts; but before declaring such dividends, they shall carry one-tenth part of its net profits of the preceding half year to the surplus fund, until the same shall amount to one hundred per cent. of the capital stock; and in estimating the net profits, no assets shall be accounted as solvent which are six months past due, unsecured and not in process of collection, and all such insolvent debts shall be charged off before said surplus is set aside, or any dividends are declared. Dividends. Surplus. SEC. IX. Be it further enacted, That the Board of Directors shall issue to each stockholder certificates of stock signed by the president and cashier of the board, correctly representing his or her interest, and such stock shall be held bound to the bank for any dues or indebtedness by said stockholder to the company and no stockholder who may be indebted to said bank, either [Illegible Text] principal, security or indorser, shall, while so indebted, sell or transfer the stock held by him or her without the consent of the president and directors of said bank; and all sales and transfers of stock must, in order to be valid, be made on the register and transfer books of the bank by the owner of the stock, or his lawfully appointed attorney-in-fact; and the Board of Directors may close the transfer books, from time to time, as provided by their by-laws as conveniences of the bank may require. Certificates and transfers of stocks. SEC. X. Be it further enacted, That the persons named in the first section of this Act, or any three of them, or their successors or assigns, shall be, and they are, hereby appointed commissioners to open books of subscriptions to the capital stock of said bank, at such time and place and for such length of time as they may deem proper, but for no less amount of subscription than twenty-five thousand dollars. The directors of said bank shall be elected by a majority in interest of the stockholders thereof voting at said election, under the inspection of said commissioners, at such place as they may designate within twenty days after closing of the subscriptions called for by them, and on the first Monday in May in every year hereafter. No election shall be valid when a majority of the stock paid in is not represented, and in any election of directors, and in all questions that may come before any convention of stockholders, each share shall entitle the owner to one vote In all elections, a stockholder may ballot by proxy, duly executed as well as by themselves. Vacancies occurring in the Board of Directors may be filled by said board, and it shall be the duty of the president of said board to prepare and lay before the stockholders thereof semi-annual statements of the business and credits of the bank, its assets and liabilities, and to make such returns to the Governor of the State as are required by law. Should there be no election of directors at any annual meeting as herein provided,

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the directors then in office shall continue until the next election. The minutes of the Board of Directors shall be kept in a book provided for that purpose, and signed by the president and secretary, and these minutes shall at all times be subject to the inspection of any stockholder. Books of subscription. Election of directors. Votes of stockholders. Vacancies. Statements and returns. Failure to elect directors at annual meeting. Minutes. SEC. XI. Be it further enacted, That in case any subscriber to the stock of the company shall fail or refuse to pay any of the assessments or installments of the capital stock, which may be called for by the commissioners or Board of Directors, the board may at any time thereafter proceed to enforce the payment of the entire indebtedness for subscription to stock of such defaulting subscriber by bringing suit therefor in any court having jurisdiction of the same, or the stock of such delinquent subscriber may, by resolution of the Board of Directors, be sold on such terms prescribed by said resolution, and in any way prescribed therein, after thirty days' notice in writing to the delinquent. Failure to pay for stock. SEC. XII. Be it further enacted, That the cashier, who may also be a director, shall be elected by the Board of Directors, and shall give such bond in such sum as they may require. It shall be the duty of the cashier to keep safely all money, notes, bonds, bills or other property committed to his care in the course of business, and he shall have power to bind the bank by signing checks, drafts, receipts or certificates of deposits in conducting the business of the bank. The cashier shall also be the secretary of the bank. Cashier. SEC. XIII. Be it further enacted, That said bank shall have authority to loan money on real estate or such other security as the president or a board of managers or the Board of Directors may accept, at any rate of interest that may be agreed on in writing, not in excess of the highest rate fixed by law, and said bank shall have authority to allow interest on money deposits; to accept and execute trusts of every description which may be committed to it by any order or decree of any court, and shall have power to accept, by grant or assignment, transfer, devise or bequest, and hold any real or personal estate or trust created in accordance with the law of this State, and to execute such legal trusts on such terms as may be declared, established or agreed upon in regard thereto. Loans and deposits on interest. Trusts, etc. SEC. XIV. 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

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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. XV. Be it further enacted, That said company shall have power to purchase, acquire and hold real estate; to erect a bank building and purchase safe and such other furniture as may be deemed advisable by the Board of Directors. May purchase, etc., [Illegible Text] [Illegible Text] bank building, etc. SEC. XVI. Be it further enacted, That this charter shall continue of force for a term of thirty years. Term of charter. SEC. XVII. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved September 11, 1891. AMENDING CHARTER OF THE MERCHANTS' AND FARMERS' BANK OF QUITMAN. No. 421. An Act to amend an Act to incorporate the Merchants' and Farmers' Bank of Quitman, approved December 26, 1890, so as to authorize and empower said bank to receive deposits as a savings institution, and to pay interest on same. SECTION I. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same, That the Merchants' and Farmers' Bank of Quitman, Georgia, shall have power and authority to receive savings on deposit, under such requirements and regulations as may be prescribed by the Board of Directors, not inconsistent with the laws of this State or of the United States, and to pay therefor such interest as may be agreed upon, and to provide such rules and by-laws for the government of such savings department in connection with their general banking business as may be provided for by the directors of said bank, and to do all other acts in connection therewith, as may be deemed necessary in the premises. Authorized to receive savings deposits. To pay interest on same 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 11, 1891.

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INCORPORATING THE BLACKSHEAR BANK. No. 422. An Act to incorporate the Blackshear Bank, to define its powers and privileges, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That A. P. Brantley and B. D. Brantley, Jr., of Blackshear, Georgia; W. G. Brantley, of Brunswick, Georgia; J. T. Brantley, of Marietta; G. D. Forbes, of Baltimore, Maryland; their associates, successors and assigns, be, and they are, hereby constituted and declared a body corporate and politic, with perpetual succession, under the corporate name and style of the Blackshear Bank, and by its corporate name may contract and be contracted with, sue and be sued, plead and be impleaded, receive, purchase, own, hold and use property, both real and personal, and alien, convey, lease and mortgage or otherwise dispose of the same, in any manner that a natural person might lawfully dispose of similar property. Said corporation shall have power to make, use, renew and alter at pleasure a corporate seal; make by-laws not inconsistent with the laws of this State or of the United States; to do any and all acts and things necessary or proper to carry into effect the objects and purposes of this Act, and to exercise in general all the powers incident to corporations, particularly banking companies, necessary and proper for the transaction of the business for which it is incorporated. Corporators. Corporate name and general powers. SEC. II. Be it further enacted by the authority aforesaid, That the principal place of business of said corporation shall be located in Blackshear, Pierce county, Georgia. Location. SEC. III. Be it further enacted by the authority aforesaid, That the capital stock of the corporation shall be fifty thousand dollars, ($50,000), to be divided into shares of fifty dollars ($50) each, but it shall have the privilege or power, after said stock shall have been paid up, to increase its capital, from time to time, to any sum not to exceed two hundred thousand dollars ($200,000), whenever it may be deemed expedient by the stockholders in meeting assembled, two-thirds of the entire stock being voted in favor of such increase before the same can be effected. Said corporation is hereby authorized to commence business as soon as twenty-five thousand dollars ($25,000) shall be paid in upon said capital stock. The incorporators or a majority of them are authorized to open books of subscription for said stock, which shall be paid in by the subscribers thereto in installments as follows, to-wit: fifty per cent. (50%) shall be first payment, and two installments of twenty-five per cent. (25%) each, to be paid in at such times as may be determined by the Board of Directors; provided , that any subscriber to the capital stock, with the consent of a majority of the Board of Directors, shall have the right to pay the entire amount subscribed by him,

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at any time, and he may receive such interest on said advance payments as the Board of Directors may see proper to allow. Capital stock. Beginning business. Books of subscription. Payments for stock. SEC. IV. Be it further enacted, That said corporation shall have the right to do a general banking business; to receive deposits; to make loans and discounts; to loan its own or its depositors' funds; to obtain and procure loans for any person, company, partnership or corporation; to invest its own money or the money of other; to lend and invest money in or upon the security of and by way of mortgage, pledge, deed or otherwise on or over any lands, [Illegible Text] or any interest therein of any description; to lend money upon bills of lading or the contents thereof, bills, notes, bonds, choses in action or any and all negotiable or commercial paper, or any crops or produce whatever, or any stock, bullion, merchandise or effects, and the same to sell or in any wise dispose of, and to charge any rate of interest on all such loans that may be agreed on in writing, not exceeding the rate allowed by law; and it may also make such loans for any length of time agreed on and charge interest for the whole time and include the same in the note or notes, or other security given therefor, and collect the same by monthly, bi-monthly, quarterly, semi-annual or annual installments or otherwise, without any rebates of interest thereon, if the debtor or borrower will so agree. Banking powers,etc. SEC. V. Be it further enacted, That as soon as said fifty thousand dollars of capital stock shall be subscribed and the sum of twenty-five thousand ($25,000.00) dollars paid in on said stock, the stockholders shall have the right to organize the corporation under this Act and transact business. At the first or any subsequent meeting of the stockholders, called by a majority of the corporators, a Board of Directors from among the stockholders, of not less than three (3) nor more than five (5), shall be elected to hold office until their successors are elected; a majority of the directors shall constitute a quorum for the transaction of business. Organization. SEC. VI. Be it further enacted, That the corporate power of said corporation shall be vested in and exercised by the Board of Directors, who shall serve one year and until the election of their successors, except the first board, who shall serve until their successors are elected. They shall choose out of their own number a president and a vice-president, and shall choose an attorney for said bank, who may or may not be a director, and shall have power to fill any vacancy which may occur in said board, and shall appoint such officers, agents or clerks as may in their judgment be necessary, fix their salaries and define their duties and remove them whenever it seems to said board proper to do so. Requiring of any officer or agent so appointed such bond and security as may be deemed proper by said board to secure the faithful discharge by him of his duties and of the trusts reposed in him. Said Board of Directors shall have power to make by-laws for the management of the affairs of said corporation, and do all things necessary for the protection of its interests, in conformity with the provisions of this Act, subject to revision, modification or repeal by the stockholders at an annual meeting. Directors and officers.

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SEC. VII. Be it further enacted, That said corporation shall have the first lien upon the stock or shares of each stockholder for any indebtedness that the stockholder may owe or be liable for to the corporation, whether by overdraft, note, acceptance, indorsement, security or otherwise, but it shall make no loan or discount on the shares of its own capital stock. Lien upon stock for indebtedness to corporation. SEC. VIII. Be it further enacted, That said corporation may make loans on real estate or personal property, or other security, at any rate of interest that may be contracted for in writing, not exceeding the highest rate allowed by law, and may charge interest for the whole time and include the same in the note or notes, mortgage, deed or other security given therefor, and collect the same by monthly, bi-monthly, quarterly or annual installments or otherwise, without any rebate of interest thereon, the debtor or borrower so agreeing thereto, by executing the note, 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 confered by an Act entitled an Act to authorize and empower building and loan associations, and other like associations of this State, to lend money to persons, not members nor shareholders, at eight per cent. or less, and to aggregate the principal and interest at the date of the loan for the entire period of the loan, and to divide the sum of the principal and interest for the entire period of the loan into monthly or other installments, and to take security by mortgage with waiver of exemption, or either or both, upon and to city, town and suburban property, and for other purposes, approved December 26, 1888; and said corporation shall also, in addition to the above, have the right to lend money as described in this section upon improved farms, and all other real estate; and such loans shall not be usurious, and shall be counted in the same way as described in this section. Loans and interest. SEC. IX. Be it further enacted, 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 liable, equally and ratably, and not for one 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 and stockholders for debts of corporation. SEC. X. Be it further enacted, That the directors shall have power to declare dividends out of the earnings of said corporation; provided , that no dividend shall be declared until the earnings are sufficient to pay the same, after deducting all expenses of carrying

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on and operating said banking business, and in no way lessening or interfering with the capital of said bank. Dividends. SEC. XI. Be it further enacted, That this charter shall be of force and effect for the term of thirty (30) years from the date of the organization of said corporation. Term of charter. SEC. XII. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved September 11, 1891. AMENDING CHARTER OF THE BANK OF SMITHVILLE. No. 423. An Act to amend an Act incorporating the Bank of Smithville, approved November 13, 1889. SECTION I. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That section 2 of an Act entitled an Act to incorporate the Bank of Smithville, approved November 13, 1889, be, and the same is, hereby amended by striking from the eighth to the thirteenth lines inclusive, all the words between the word purpose, in the eighth line, and the word in, in the thirteenth line, and substituting the following: That when ten thousand dollars of the capital stock shall have been subscribed, and five thousand dollars actually paid in, said company may organize and proceed to the transaction of business under this Act. That when five thousand dollars shall have been paid in as aforesaid, then, from and after that time, stockholders shall pay in the stock subscribed by monthly installments, so that, thus amended, said section shall read as follows: That the capital stock of said company shall be twenty-five thousand dollars, or two hundred and fifty shares of one hundred dollars each, with the privilege of increasing the same to fifty thousand dollars, or five hundred shares of one hundred dollars each, in the discretion of the Board of Directors, hereinafter provided for, after the same shall have been authorized by a vote of the stockholders at a meeting called for that purpose. That when ten thousand dollars of the capital stock shall have been subscribed, and five thousand dollars actually paid in, said company may organize and proceed to the transaction of business under this Act. That when five thousand dollars shall have been paid in as aforesaid, then, from and after that time, stockholders shall pay in the stock subscribed by monthly installments in such sums as shall be determined by the Board of Directors, not to be less than five dollars per share. Such payments shall continue until the amount paid shall be one hundred dollars per share provided , that nothing herein contained shall be construed to prevent any stockholder from paying in the whole of the installments at any time if he should desire to do so. Organization and commencement of business. Payments for stock.

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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 September 11, 1891. INCORPORATING THE MERCHANTS' AND FARMERS' BANK OF BOSTON. No. 429. An Act to incorporate the Merchants' and Farmers' Bank of Boston, with power to do a banking business, act as agent, assignee, receiver and trustee, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That M. R. Mallerbe, James M. Rushin, J. S. Norton, S. L. Hayes, F. C. Ivey, A. T. McIntyre, Jr., D. R. Blood, J. W. Taylor, A. B. Cone, S. B. Ziegler, E. R. Whaley, D. T. Forest and J. C. Stanal, and their associates, successors and assigns, be, and they are, hereby created a body politic and corporate under the name and style of the Merchants' and Farmers' Bank of Boston, and by such name said corporation shall have perpetual succession, and is empowered to sue and be sued, contract and be contracted with, to have and use the common seal, and at pleasure to alter the same; to ordain and establish such by-laws, rules and regulations, not inconsistent with law, as it shall deem proper; to receive, purchase, own, hold and use property of all descriptions necessary and proper to its business as a bank of discount and deposit, and the same to alien, convey, lease, mortgage and otherwise dispose of, and in general to exercise any corporate powers necessary or expedient to accomplish the purposes of said corporation. Corporators. Corporate name and general powers. SEC. II. Be it further enacted, That the capital stock of said corporation shall be thirty-five thousand dollars, divided into shares of fifty dollars each, with the privilege of increasing the same at the will of a majority of the stockholders, to any sum not more than one hundred thousand dollars; and the incorporators, or a majority of them, are hereby authorized and empowered to open books of subscription to said stock, and to organize and commence business so soon as the sum of ten per cent. has been paid in on said stock. The stock shall be paid for in such installments as may be subscribed in the terms of the stock subscription prepared and furnished by the incorporators. Capital stock. Commencement of business. Payments for stock. SEC. III. Be it further enacted, That at the first meeting of the stockholders, called by a majority of the incorporators, by-laws shall be adopted (to be changed only at a meeting of the stockholders of said company) and a Board of Directors shall be elected. By-laws. First Board of Directors. SEC. IV. Be it further enacted, That the principal place of business of said corporation shall be the city of Boston, Thomas

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county, Georgia, but it may establish branches or agencies at other places in said State, or elsewhere, and delegate to them such power as may be necessary for properly transacting the business of such branches or agencies. Principal and branch offices. SEC. V. Be it further enacted, That said corporation may do a general banking business; receive deposits with or without paying interest upon the same, under such regulations as the Board of Directors, from time to time, shall prescribe; and if any money is deposited by any minor, such money may be withdrawn by the minor without the consent of his parent or guardian, and his or her receipt or check shall be as binding as though such minor were of full age. That such corporation shall have power to buy, sell, discount and collect bonds, stocks, securities, notes, bills and other choses in action; to lend money on real and personal property or such other security as it may see fit at any rate of interest agreed upon, not in excess of the highest contract rate allowed by law, and for any time agreed on, and may charge interest for the full time, and include the same in the note or notes or other evidences of debt given therefor, and collect the same by monthly or other installments if the debtor shall so agree, without any rebate of interest thereon; and in such cases the law applicable to loans made by building and loan associations are hereby made applicable, and to secure any and all loans, advances or other debts due or owing to it, said corporation is authorized to take such mortgages, deeds of trust, conveyances, pledges or other securities as it may see proper. Banking powers, etc. Loans and interest,etc. SEC. VI. Be it further enacted, That said corporation shall have power and authority to act as financial agent for any person or corporation, either to negotiate loans, to sell or buy securities or to make investments, and to charge and collect for such service, such commissions or compensations as may be agreed upon. Financial agent. SEC. VII. Be it further enacted, That said corporation shall have power and authority to act as trustee, assignee, receiver, executor, administrator or guardian, and to charge and collect for such service such commissions as may be agreed upon or authorized by law. Trustee, receiver, executor, etc. SEC. VIII. 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 [Illegible Text] to the face value of said shares of stock; provided , that said liability of the stockholders shall not prevent depositors from having [Illegible Text]

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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 the total liabilities to said corporation of any person, corporation or firm (including in liabilities of said firm the liabilities of the individual members thereof), for money borrowed, shall, in no event, exceed ten per cent. of the capital stock of said bank; but advances made upon bills of lading, warehouse and elevator receipts, commercial paper and securities convertible in the open market, shall not be considered borrowed money under the provisions of this section. Limitation upon power to lend money. SEC. X. Be it further enacted, That no person may become a shareholder in said corporation by transfer unless the same is done on the books of the corporation in accordance with its rules, and the directors may provide for closing the transfer books a reasonable time before an annual election. Transfers of stock. SEC. XI. Be it further enacted, That said corporation shall have the first lien upon the stock or shares of each stockholder for any indebtedness that the stockholder may owe or be liable for to the corporation, whether by overdraft, note, acceptance, indorsement, security or otherwise, but it shall make no loan or discount on the security of the shares of its own capital stock. Lien upon stock for indebtedness to corporation. No loans or discounts upon its own stock. SEC. XII. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved September 14, 1891. INCORPORATING THE FAIRBURN BANKING COMPANY. No. 432. An Act to incorporate the Fairburn Banking Company, and for other purposes connected therewith. SECTION I. Be it enacted by the General Assembly of Georgia, That W. T. Roberts, M. P. Harvey, John T. Longino, J. A. Vickery, George F. Longino, W. A. McCurry, L. S. Roan and J. H. Longino, and such other persons as may hereafter become associated with them and their successors and assigns, are hereby constituted a body politic and corporate under the name and style of the Fairburn Banking Company; said corporation to be located in Fairburn, Georgia, and under said name to have continual succession, and under said name to sue and be sued, to contract and be contracted with, to have and use a common seal if desirable, and to alter the same at pleasure. Corporators. Corporate name, location and general powers. SEC. II. Be it further enacted, That the persons named in section 1 of this Act be, and they are, hereby appointed commissioners to receive subscriptions to the capital stock of said corporation, and they or a majority of them, or any person or persons selected by them, may cause books to be opened at such time and

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places as they shall direct for the purpose of receiving such subscription; and as soon as the capital stock is subscribed for by good solvent parties, the commissioners, or a majority of them, may call a meeting of the subscribers for the purpose of organizing and electing a Board of Directors, and turn over the subscription list to the Board of Directors. Stock subscriptions. Organization. SEC. III. Be it further enacted, That the capital stock of said corporation shall be $25,000, divided into shares of $100 each, and each share shall entitle the holder thereof to one vote in all meetings of the stockholders. The capital stock may be increased to any amount not more than $100,000 at any time by a vote of two-thirds of the stock. Capital stock. SEC. IV. Be it further enacted, That the directors of said corporation are hereby clothed with the corporate powers of said corporation, and said Board of Directors are hereby authorized to organize the same and proceed to business as soon as fifteen thousand dollars of the capital stock has been paid in. They shall serve one year and until their successors are elected, except the first board, which shall serve until the election of their successors, and said Board of Directors is authorized to fill any vacancies occurring in the board between the time of the annual elections of the Board of Directors. They shall have power to elect from their number a president and a vice-president, and to elect a cashier and to appoint such officers and clerks as may in their judgment be necessary, fix their salaries and define the duties of such officers and clerks and remove them when it seems to said board proper to do so, requiring of any officer or agent so elected or appointed such bond and security as may be deemed by said board proper to secure the faithful discharge of his duties [Illegible Text] of the trust reposed in him. Said Board of Directors shall have power to make by-laws for the management of the affairs of said corporation and do all things necessary for the protection of its interests, in conformity with the provisions of this Act, subject to revision, modification or repeal by the stockholders in meeting or convention assembled. The directors shall have power to declare dividends out of the earnings of said corporation; provided , that no dividends shall be declared until the earnings are sufficient to pay the same, after deducting all expenses and loses. No person shall be eligible as a director who does not own in his own name at least ten shares of the stock, unpledged and unincumbered and whenever it shall become known to the board that any director has ceased to be the owner of ten shares of stock, unpledged and unincumbered as aforesaid, the board shall, as soon as possible thereafter, declare such person to be no longer a director, and shall all such vacancy in the board. The Board of Directors shall consist of not less than five nor more than nine, a majority of whom shall constitute a quorum for the transaction of business. The regular annual meeting of the stockholders for the election of directors shall be held at the principal office of the corporation on the first Tuesday in January of each year, but if no election shall be held on that day, it may be held on any subsequent day selected by the Board of Directors, notice for one week, in all cases of election held after the

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regular meeting, having been given in the newspaper in which the legal advertisements of the Sheriff of the county appear; and if the Board of Directors should, within thirty days after the said first Tuesday in January, fail to make a call for the meeting for election as above, then the stockholders representing two-thirds of the shares may do so on same notice as above. Directors and officers. By-laws. Dividends. Director must own at least ten shares of stock. Number and quorum of directors. Elections of directors, etc. SEC. V. Be it further enacted, That the Fairburn Banking Company shall have power and authority to receive money on deposit, and to issue certificates of deposit, on any terms agreed on; to loan and borrow money, and to take and give therefor such securities as may be deemed proper; to make advances on real or personal property, or both; to invest its funds in such manner and upon such terms as it may deem best, and to transfer its property at pleasure; to receive valuables or other articles of personal property of any sort or kind, including certificates of stock, securities and other evidences of the same, or of titles thereof, on deposit for safe keeping from any person or persons, as well as from executors, administrators, guardians, receivers, trustees, corporations, public and private officers and all other fiduciaries, the said corporation charging and receiving therefor such sums of money as may be agreed upon; to deal in precious metals, foreign and domestic exchange; to buy, sell, discount or collect promissory notes, bills of exchange, bills of lading, contracts, claims, receipts, choses in action of any kind whatsoever, mortgages, bonds, stocks, securities and evidences of debt generally; to buy, sell, rent, improve, mortgage, lease, manage, or otherwise control, have, hold or operate in any real or personal property in this or any other State or Territory of the United States; to receive deposits of money for investment purposes on terms agreed on, and to issue receipts or certificates therefor; to negotiate, buy or sell for others stocks, bonds, bills of exchange, promissory notes, rents, mortgages, choses in action, securities and personalty of all kinds, and real estate in this or any other State or Territory of the United States; to advance and loan money on the same, and to negotiate advances and loans upon same and invest funds for others generally, upon such terms and conditions as may be agreed upon by and between said corporation and those with whom it may deal; to do a general banking business, exchange, loan and trust company business, and to do all acts as may be considered best and advisable for carrying on the same, not inconsistent with the laws of this State or of the United States. Banking powers,etc. SEC. VI. Be it further enacted, That said corporation shall have power to act as fiscal agent for the State of Georgia or for any other State, or for any county, city, town, corporation or municipality whatsoever. Fiscal agent. SEC. VII. Be it further enacted, That the Board of Directors shall issue, or caused to be issued, to each stockholder certificates of stock representing his or her interest, and such shall be bound to said corporation for any dues or balances on said stock or other indebtedness to the said corporation, and a lien is hereby declared upon the same of the highest dignity, and no stockholder shall

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transfer his or her stock, except by consent in writing of the Board of Directors of said corporation, while he or she is indebted to said corporation as principal, security or otherwise, and all sales or transfers of stock in said corporation must, in order to be valid, be made on the books of said corporation by the owner of said stock or his lawfully appointed attorney in fact. Certificates of stock. Lien upon stock for indebtedness to corporation. Transfers of stock. SEC. VIII. Be it further enacted, That said corporation shall have its principal office in Fairburn, Georgia, but may do or transact business within its corporate scope anywhere in the United States of America, and the Board of Directors shall have power to establish agencies for the transaction of the business of said corporation at any place or places within the State of Georgia or elsewhere that they may deem advisable. Principal offices and agencies. SEC. IX. 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 liable, equally and [Illegible Text], and not for one 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 banks. Liability of corporation and stockholders for debts of corporation. SEC. X. Be it further enacted, That the Board of Directors of said corporation shall place, or have its officers to place, before the stockholders at their annual meeting a statement of the business and condition of the affairs of said corporation, its assets and liabilities, and to make such returns to the Governor of the State, under oath, as may be required by law. Statements and returns. SEC. XI. Be it further enacted, That minors shall be competent to make deposits with said corporation, and their receipts and checks for the same shall be a sufficient discharge to said corporation, and any contract made by them with it in course of its business as to said deposits shall be binding in law. Deposits by minors. SEC. XII. Be it further enacted, That the total liabilities to said corporation of any person or of any firm shall not at any time exceed one-tenth part of the amount of the capital stock of said corporation actually paid in, but this provision shall not apply to deposits in other banks, bills of exchange, commercial paper, bills of lading, warehouse receipts and sureties convertible in open market. Limitation upon power to lend money,etc. SEC. XIII. Be it further enacted, That this charter shall be of force and effect for the term of twenty years, with privilege of renewal. Term of charter.

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SEC. XIV. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved September 14, 1891. AMENDING CHARTER OF THE HOME LOAN AND BANKING COMPANY OF ATLANTA. No. 440. An Act to amend an Act entitled An Act to incorporate the Home Loan and Banking Company of Atlanta, approved the 26th day of December, 1888. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That an Act entitled an Act to incorporate the Home Loan and Banking Company of Atlanta be amended by inserting in section 3 thereof, and immediately preceding the last sentence of said section, the following language, to-wit: provided , that at any time after the election of the first Board of Directors at any regular annual meeting of the stockholders, or at any special meeting called for that purpose, at which a majority of all the stockholders shall be present, either in person or by proxy, by a majority vote of said stockholders so present, either in person or by proxy, the Board of Directors may be increased to any number; and it may, in like manner, be decreased at any time to any number not less than three, and any number of directors, not less than two, that the stockholders at any such meeting may, in like manner, agree on shall constitute a quorum for the transaction of business, whether such number be more or less than a majority of the whole number of directors; and all directors shall hold office for such period as the by-laws may prescribe, so that said section, when thus amended, shall read as follows, to-wit: Section 3. Be it further enacted, That at the first meeting of the stockholders, called by a majority of the corporation, a Board of Directors, not less than three nor more than thirteen, as may be agreed on by said stockholders, shall be elected from among the stockholders, to hold office for the period of one year and until their successors are elected and qualified. A majority of the number of directors agreed on shall constitute a quorum for the transaction of business; provided , that at any time after the election of the first Board of Directors, at any regular annual meeting of the stockholders, or at any special meeting called for that purpose, at which a majority of all the stockholders shall be present in person or by proxy, by a majority vote of said stockholders so present in person or by proxy, the Board of Directors may be increased to any number, and it, in like manner, may be decreased at any time to any number not less than three; and any number of directors, not less than two, that the stockholders, at any such meeting may, in like manner agree

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on, shall constitute a quorum for the transaction of business whether such number be more or less than a majority of the whole number of directors, and all directors shall hold office for such term as the by-laws may prescribe. Said Board of Directors shall have power generally to manage the business of the corporation elect and appoint all such officers as they may deem necessary, fix their compensation, fill vacancies occurring in their body, and [Illegible Text] and perform such other things as shall be delegated to them by [Illegible Text] by-laws of said corporation. Change in number of directors. Quorum. Term of office. SEC. II. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved September 15, 1891. AMENDING CHARTER OF THE TOCCOA BANKING COMPANY. No. 443. An Act entitled an Act to incorporate the Toccoa Banking Company in the city of Toccoa, Habersham county, Georgia, approved October 26, 1889. SECTION I. Be it enacted by the General Assembly of Georgia and it is hereby enacted by the authority aforesaid, That front and after the passage of this Act, section 11 of the above recited Act be amended, by adding to the end of said section except by special approval of the Board of Directors, so that said section, when amended, shall read as follows: Be it further enacted, That the total liabilities to said bank of any person or of any company, corporation or firm (including in the liabilities of the company or firm, the liabilities of the several members thereof) shall at [Illegible Text] time, nor by any construction or device, exceed one-tenth part of the amount of the capital stock of said bank paid in, except by special approval of the Board of Directors. Indebtedness to corporation allowed beyond limit in [Illegible Text] [Illegible Text] by special approval of directors. SEC. II. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this be, and the same are, hereby repealed. Approved September 15, 1891.

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INCORPORATING THE FARMERS' AND MERCHANTS' BANK OF GEORGIA. No. 454. An Act to incorporate the Farmers' and Merchants' Bank of Georgia, to define its powers and privileges, and for other purposes. SECTION I. Be it enacted by the General Assembly of Georgia, That E. M. Blalock, J. O. Hightower, B. M. Blount and W. R. Hammond, their associates, successors and assigns, be, and they are, hereby constituted a body corporate, with perpetual succession under the name of Farmers' and Merchants' Bank of Georgia, and by said corporate name may contract, sue and be sued, receive, purchase, hold and use property of every description, convey, lease or mortgage the same, control, use and dispose of the same, in as full a manner as natural persons may do. Said corporation shall have power to make a corporate seal, which may be altered at pleasure, to make by-laws for the government of the corporation, and to exercise the powers incident to corporations, particularly banking, loan and trust and exchange corporations. Corporators. Corporate name and general powers. SEC. II. Be it further enacted, That said corporation shall have power to carry on a general banking business, receive money on deposit, with or without paying interest thereon, buy and sell exchange, loan money on real or personal security, and sell and assign such securities with or without guaranty; to receive and hold on deposit in trust, as security, real and personal estate, including notes, bonds, obligations and mortgages of individuals, municipalities, States or of the United States, and the same to purchase, collect, adjust and settle, sell and dispose of in any manner with or without its guaranty, to receive upon deposit for safe keeping jewelry, plate, stocks, bonds and any other thing of value, upon such terms as may be agreed upon; to act as agent for the investment of the money of any person or corporation, and act as agent for procuring loans on real or personal property for any person or corporation for such compensation as may be agreed upon by the corporation and its customer. Banking powers, etc. SEC. III. Be it further enacted, That the capital stock of said company shall not be less than twenty-five thousand dollars, nor more than two hundred and fifty thousand dollars, divided into shares of one hundred dollars each, and in all elections

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by stockholders each share of stock shall be entitled to one vote. The business of said corporation shall be conducted by a Board of Directors, to consist of not less than five nor more than seven stockholders, and such officers [Illegible Text] the stockholders may authorize that Board of Directors to employ. The board shall elect one of their members president. There shall be an annual meeting of stockholders and an annual election of directors. The stockholders may be called together at any time at the instance of the president or a majority of the directors. Capital stock. Directors and officers. Meetings of stockholders, etc. SEC. IV. Be it further enacted, That as soon as twenty-five thousand dollars to the capital stock is subscribed, the said corporation may organize by the election of a Board of Directors and other officers, and when twenty-five thousand dollars are paid in the corporation may begin business and the capital stock may be increased, from time to time, by a vote of a majority of the stock, not to exceed two hundred and fifty thousand dollars. Organization. Increase of capital stock. SEC. V. Be it further enacted, That the place of business of said corporation shall be Jonesboro, Georgia, with the right to remove its business to any other place in Georgia; provided , a majority of the stock of said company shall be voted for such removal. Location. SEC. VI. Be it further enacted, 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 liable, equally and ratably, and not for one 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 and stockholders for indebtedness of corporation. SEC. VII. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved September 16, 1891.

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INCORPORATING THE GEORGIA BANKING AND LOAN COMPANY OF ATLANTA, GEORGIA. No. 455. An Act to incorporate the Georgia Banking and Loan Company of Atlanta, Georgia, and to prescribe its rights and privileges. SECTION I. Be it enacted by the General Assembly of Georgia, That George E. King, A. M. Reinhardt, E. S. Morris, N. W. Murphy, L. P. Thomas, Sr., L. B. Nelson, J. L. Dickey, J. F. Gatins, J. M. Duggar, A. J. Shropshire and C. S. Winn, their associates and successors, are hereby constituted and declared a body corporate and politic, under the name of the Georgia Banking and Loan Company of Atlanta, Georgia, with power under said name to sue and be sued; to have and use a common seal; to make, alter and amend by-laws for its government, not inconsistent with the laws of the United States or of the State of Georgia. Corporators. Corporate name and general powers. SEC. II. Be it further enacted, That the capital stock of said corporation shall be two hundred thousand dollars, divided into two thousand shares of one hundred dollars each, with the privilege of increasing the same at any time to five hundred thousand dollars, and the incorporators are hereby authorized to open books of subscription for said stock and to organize and commence business when one thousand shares have been subscribed and the sum of twenty five hundred dollars paid in on said stock. The stock shall be paid for in monthly installments of not less than two dollars and fifty cents for each share of stock subscribed for, which monthly payments shall continue until the amount paid shall be one hundred dollars per share; provided, nevertheless , that any stockholder shall have the right to pay at any time the amount subscribed. Capital stock. Beginning business. Payments for stock. SEC. III. Be it further enacted, That at the first meeting of the stockholders called by a majority of the incorporators a Board of seven Directors shall be elected from among the stockholders to hold office for the period of one year, and until their successors are elected and qualified. A majority of the Board of Directors shall constitute a quorum for the transaction of business. Said Board of Directors shall have power generally to manage all the business of the corporation, to elect and appoint all such officers and agents of said corporation that they may deem necessary, and to fix and prescribe

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their duties and to fix their compensation for the discharge of such duties; to remove any officer or agent of said corporation at any time they may think the interests of said corporation require it; to fill all vacancies that may occur for any reason, upon said Board of Directors or among the officers of said corporation; to call meetings of the stockholders of said corporation at any time they may desire to, by giving such notice as they may deem necessary and sufficient; to declare dividends should any be earned by said corporation in the conduct of its said business; to provide for the forfeiture and sale of stock for the non-payment by holders of the monthly installments due thereon as aforesaid, and to do and perform all such other things as shall be delegated to them by the by-laws of said corporation. Organization. Directors and officers. SEC. IV. Be it further enacted, That said corporation shall have the power to acquire any property, real or personal, by purchase or in satisfaction of any debt that may be due said corporation, or which may have been mortgaged or conveyed to it for moneys which were owing to or advanced by it, and to hold, control and in any way dispose of the same as the Board of Directors of said corporation may direct; to do a general banking business; to receive deposits; to deal in precious metals, and foreign and domestic exchange; to buy and sell, discount and collect promissory notes, bills of exchange, claims or rents; to discount, buy and sell stocks, bonds and securities generally; to lend or borrow money; to make loans wherein the principal sum loaned, together with the interest thereon, at the rate agreed upon by the borrower, which shall not be in excess of the highest contract rate allowed by law, is to be paid back in equal monthly installments, extending through the period for which said loan was granted, the first installment to become due and payable one month from the date of granting such loan, and each subsequent monthly installment on said loan to become due and payable on the expiration [Illegible Text] each succeeding month thereafter, extending through the entire period of time for which said loan was made, notes or securities to be given for the payment of said several monthly installments, and in each of the notes or securities so given by the borrower to said corporation there may be included, besides a proportionate part of the principal, the interest upon said proportionate part of the principal calculated to the time of maturity of the last installment. Said corporation may make loans upon personal security, or loans may be secured by conveyance of, or mortgage on, realty or personalty or in any

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other manner provided by law; provided , that when a loan is made on the installment plan, as contemplated in this section, the interest shall be collected on the money loaned for the actual time only that the said money, or portions thereof, is in the hands of the borrower. Property rights. Banking powers, etc. Loans and interest. SEC. V. Be it further enacted, That said corporation may receive, on deposit, all sums of money which may be offered it for the purpose of being invested, in such sums, at such times and on such terms as the Board of Directors may agree upon, which shall be repaid to such depositors at such time and with such interest, not exceeding the lawful rate, and under such regulations, as may be fixed by said board. If money is deposited by any minor, either as an investment or otherwise, such money may be withdrawn by said minor without the consent of the parent or guardian of such minor, and his or her check or receipt therefor shall be as binding upon such minor as if he or she were of full age. Deposits on interest. Deposits by minors. SEC. VI. Be it further enacted, That said corporation shall have power to receive money in trust, and shall have power to accept and execute any trust that may be committed to it by any court, and it shall have power to accept any grant, assignment, transfer, devise or bequest, and hold any real or personal estate or trust created in accordance with the laws of this State, and then to execute it upon such terms as may be agreed upon by its Board of Directors, and said corporation is hereby fully authorized and empowered to act as trustee and assignee, and to receive on deposit all funds in litigation in the various courts of this State, and to pay therefor such interest as may be agreed upon, not in excess of the lawful rate. It shall also have authority and power to receive, for safe keeping or on deposit, all moneys, bonds, stocks, diamonds, gold and silver plate, and any other valuables, and charge and collect a reasonable compensation for the same, which said charge shall be a lien upon such deposit until paid. Trusts, etc. May be trustee, assignee, etc. Safety deposits. SEC. VII. Be it further enacted, 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 stockholders shall be further and additionally liable, equally and ratably, and not for one 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 true intent and purpose of this section of this Act that, as to depositors, for

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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 and 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 September 16, 1891. AMENDING CHARTER OF THE CAPITAL CITY BANK. No. 481. An Act to amend the charter of the Capital City Bank, and for other purposes. SECTION I. Whereas, In an Act approved December 27, 1890, amending the Acts incorporating the Capital City Land and Improvement and Banking Company and Capital City Bank, the number of shares of the capital stock of said Capital City Bank was erroneously stated as four hundred shares, therefore, to correct said error, it is hereby enacted by the General Assembly of Georgia, That all Acts herein above referred to be, and the same are, hereby amended, so as to hereby provide that the capital stock of the Capital City Bank shall be four hundred thousand dollars ($400,000), to be divided into four thousand shares of one hundred dollars each which may be increased, from time to time, by said corporation to any amount not exceeding one million dollars. Preamble. Capital stock. SEC. II. Be it further enacted, That all laws in conflict with this Act be, and the same are, hereby repealed. Approved September 19, 1891.

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INCORPORATING THE IRISH-AMERICAN DIME SAVINGS BANK. No. 482. An Act to incorporate the Irish-American Dime Savings Bank. SECTION I. The General Assembly of the State of Georgia do enact, That Eugene J. O'Connor, Alexander J. Gouley, Patrick Armstrong, Patrick Walsh, Patrick M. Mulherim, William J. Davidson, William H. C'Dowd, Michael J. McAuliffe, Charles E. Coffin, Jules Rival, Edwin E. Doscher, William Schweigert and Patrick H. Rice, all of the county of Richmond, in said State, their associates and successors, be, and they are, hereby incorporated and constituted a body politic, under the name of the Irish-American Dime Savings Bank, for the period of thirty years, with the privilege of renewal at the expiration of that time, and with the following powers to-wit: To sue and be sued in any court; to have, use and at pleasure alter a common seal; to make all rules and by-laws deemed expedient for the government of said bank, not in conflict with the Constitution and laws of this State, or of the United States; to carry on a general banking business and a savings bank business; to acquire, hold and dispose of real and personal estate in any manner known to the law; to subscribe for, purchase, hold and dispose of the bonds, stock or other obligations of this or any other State or of any territory of the United States, or of the United States or any foreign nation; to lend or borrow money on note, bond, mortgage or any other obligation, or on realty or on any kind of personal property whatsoever; to carry on a safe deposit business for all kinds of valuables, and charge and collect a reasonable compensation for its services relative thereto, such compensation to be a first lien on such deposits; to act as agent, trustee, assignee, receiver or fiduciary of any kind, and to be a lawful depository for funds in litigation in any of the courts of this State; to make laws for any time agreed on, and charge interest, not to exceed eight per cent. for the full period of the loan, and collect said principal and interest, without rebate or discount, by installments, as may be agreed on; to have all the powers incident to the business of general banking or the savings bank business, as now or hereafter carried on, and to have all other powers necessary to fully effectuate the purposes of this

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Act, not in conflict with the Constitution and by-laws aforesaid. Corporators. Corporate name and general powers. Safety deposits. Agent, trustee, receiver, etc. Loans and interest. Banking powers,etc. SEC. II. Be it further enacted, That the location of the main office of said corporation shall be in the city of Augusta, in the said State, That the capital stock of said corporation shall be $30,000, increasable at any time by a majority vote of all the stockholders thereof, up to $100,000; that the shares of said corporation shall be of the par value of $25 each; that upon the passage of this Act, said incorporators, or a majority of them, shall have power to open books of subscription, and that said corporation may organize and begin business when ten per cent. of said stock shall have been actually paid in; that any subscriber failing to pay installments on his subscription, as called by the Board of Directors of said corporation, for three successive months, shall by such default forfeit such shares to said corporation; that the Board of Directors of said corporation shall consist of fifteen members, who shall be chosen annually by the stockholders of said corporation and be stockholders thereof, and hold, as shall all other officers of said corporation, until their successors are elected; that the number of said directors may be at any time increased by a majority vote of all the stockholders of said corporation to not more than twenty-five, or decreased to not less than five; that said Board of Directors shall elect a president, vice-president and cashier, and such other officers for said corporation as said board may see fit; fix their duties, salaries and term of office, and have general control and direction, in their discretion of the property, affairs and business of said corporation subject to the by-laws thereof and the terms of this Act; that the aggregate indebtedness of any firm, person or corporation, to said bank, shall never at any time exceed one-tenth ([unk]) of the entire indebtedness of said bank. Location. Capital stock. Beginning business. Failure to pay for stock. Directors and officers. [Illegible Text]. SEC. III. 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 debts of said corporation to the extent of his or her unpaid shares of stock, and each 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 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

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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 stockholder shall not prevent depositors from having equal rank with all other creditors upon the capital, property and assets of said bank. Liability of corporators and stockholders for debts of corporation. SEC. IV. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby pealed. Approved September 19, 1891. INCORPORATING THE WASHINGTON GUARANTY AND LOAN COMPANY. No. 486. An Act to incorporate The Washington Guaranty and Loan 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 R. L. Warthen, J. A. Irwin, Thomas Warthen, Jr., E. T. May, H. M. Franklin and B. D. Evans, Jr., and such other persons as may hereafter become associated with them, their successors and assigns, be, and they are, hereby constituted a body politic and corporate with continuous succession for the period of thirty years, under the name and style of the Washington Guaranty and Loan Company, and by such corporate name may contract and be contracted with, sue and be sued in any court; may have, use and alter at will a corporate seal; make by-laws not inconsistent with this charter and the laws of the land; may purchase, own and control property of all kinds, both real and personal, and alien, transfer, convey, hypothecate, mortgage or otherwise deal with and dispose of same in any manner that a natural person might lawfully do, and shall have power to do all acts necessary and proper to carry out the purposes of this Act, and to exercise in general all powers incident to corporations and that are proper and needful to transact the business for which it is incorporated. Corporators. Corporate name and general powers. SEC. II. Be it further enacted, That the capital stock of this corporation shall be twenty thousand dollars, to be divided into shares of the par value of one hundred dollars each, but after said capital stock shall have been paid up, it shall have

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power to increase the capital stock, from time to time, to any sum not exceeding one hundred thousand dollars, whenever such increase shall be deemed expedient by the stockholders, two-thirds of the entire stock being voted for such increase before it shall be allowed. Said corporation may begin business as soon as twenty thousand dollars shall be paid in on its capital stock. Capital stock. Beginning business. SEC. III. Be it further enacted, That the persons named in the first section of this Act, or any three of them, are hereby appointed commissioners to open books of subscription to the capital stock at such times and places, and for such length of time, and on such notice as they think best, and when two hundred shares shall have been subscribed, one hundred dollars cash on each, it shall at once be paid to the commissioners; and if any subscription remains unpaid for thirty days after the commissioners or directors have called for same, they shall sell the stock, after advertising the same in a newspaper in the county for thirty days, and pay up the subscription, and the overplus, if any, shall be returned to the subscriber. When said number of shares shall be subscribed and paid up, the commissioners shall call a meeting or the subscribers or stockholders in such way and at such time and place as they may see fit; and on the assembling of a majority in value of the subscribers, in person or by written proxy, they shall proceed to the election of a Board of Directors, consisting of six members, and no one shall be eligible as a director who holds less than five shares of stock in this corporation in his own name and right. Said election shall be by ballot, under the supervision of said commissioners, and a plurality of votes shall elect, each stockholder having as many votes as he owns shares or has written proxy at the time of the election. Said commissioners shall declare the result of the first election and shall turn over to the Board of Directors so selected the subscription lists and the money received for stock, and thereupon the corporation shall be duly organized. Books of subscription. Unpaid subscriptions. Organization. SEC. IV. Be it further enacted, That the corporate powers of said corporation shall be vested in and exercised by the Board of Directors, who shall serve for one year and until their successors are elected and qualified. They shall choose out of their own number a president and vice-president, shall have power to file vacancies occurring in their own board, shall appoint such officers and employees as they deem necessary, fix the salaries and define the duties of such officers and employees, remove them when they may deem proper, and

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demand of them such bonds and securities as may be deemed best for the interest of the corporation. The directors shall have power to make by-laws for said corporation, and to do all things its best interest may demand not contrary to law or this Act, and subject to change or repudiation by a majority of the stockholders in value. The directors shall declare dividends out of the net earnings of the corporation, payable in money or by issuing new stock, after a surplus of ten per cent. of the capital stock has been accumulated, and after adding to the surplus fund annually two per cent. of such net earnings. If any director shall become ineligible, by the terms of this Act, to hold his place on the board, the directors shall declare a vacancy and proceed to file the same. The Board of Directors shall consist of six members, four of whom shall be a quorum. Certificates of stock shall be issued in the manner prescribed by the board, and all transfers of stock shall be recorded in the stock book, which shall be open to the inspection of any stockholder during business hours. The election for directors shall be annually on the first Thursday in January, and if not held then shall be held on some subsequent day to be fixed by the directors, notice of which shall be given once a week for four weeks, in the Sheriff's organ of Washington county; and if the directors fail to call such election in thirty days after the time of the regular election, stockholders, representing a majority in value of the stock, may call said election after giving the same notice. The directors may call a meeting of the stockholders at any time, whenever for any cause they may deem it proper to do so. The principal office of the corporation and the office of the Board of Directors shall be at Sandersville, Georgia. Directors and officers. By-laws. Dividends. Surplus. Vacancies. Quorum of directors. Certificates and transfers of stock. Elections of directors. Called meetings of stockholders. Location. SEC. V. Be it further enacted, That the Washington Guaranty and Loan Company shall have the right to do a general banking business, make loans and discounts, buy and sell exchanges, and to lend its own and depositor's funds; to obtain and procure loans of money for any person, company or corporation, and to do all things necessary, desirable or incidental towards mediating between borrower and lender, either with or without guaranty, indorsement or liability on the part of said corporation, and to charge for such services such commission as may be agreed upon between the borrower and said corporation; to lend and borrow money on its own account, and to take and execute securities by way of pledge, mortgage, deed or other conveyance or lien; to secure or collect any loan or the interest thereon negotiated or affected by it; to invest

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its money or the money of others, and to carry on the business of guaranty insurance; to guarantee or insure the title to any real estate or personal property (except fire and life insurance); to guarantee the payment of any bonds, notes, mortgages or other securities of evidences of indebtedness, whether the same be loans negotiated by said company or by others, and to guarantee any other character or evidences of indebtedness of any person, partnership or corporation. Banking powers, etc. [Illegible Text]. SEC. VI. Be it further enacted, That said corporation shall have the power to buy, sell, discount and collect bonds, stocks, securities, notes, liens and other choses in action; to lend money on real and personal property, or such other security as it may see fit, at any rate of interest agreed on, not in excess of the highest legal rate, and to aggregate the principal and interest for the whole period of the loan at the date of the loan, and collect the same by monthly or other installments, as may be agreed on with the borrower, without rebate or reduction, and in such cases the laws applicable to loans made by building and loan associations are hereby made applicable; to guarantee the official bonds of county officers, executors, administrators and trustees, in terms of the statutes in such cases applicable to receive and manage any property conveyed to it in trust by any person or corporation, so as to effectuate said trust; to act as assignee or receiver of any insolvent person, trader, partnership or corporation; to receive deposits, and do a general banking, exchange, savings bank, guaranty, loan and trust company business, and to do all acts by it considered advisable and best for carrying on the same. [Illegible Text] etc., of stocks, bonds etc. Loans and interest. Guaranty of official bonds etc. Trust. May [Illegible Text] assignee or receiver etc. Deposits etc. SEC. VII. Be it further enacted, That married women and minors may make deposits of money or other property with said corporation, and their checks and receipts shall be a full discharge to it, and any contract made by them with it concerning such deposit shall be valid and binding, and enforceable in law, and such deposits shall be free from the debts or control of the husbands of such married women, or the parents and guardians of such minors. Deposits by married women and minors. 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 liable, equally and ratably, and not for one another, as sureties to depositors of said corporation for all moneys deposited therein, in an amount equal to the face value

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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 and stockholders for debts of corporation. SEC. IX. Be it further enacted, That the total liabilities to said corporation of any person, partnership or corporation (including in the liabilities of the partnership the several members thereof) shall at no time, nor by any construction or device, exceed one-tenth part of the amount of the capital stock in said corporation paid in. Limitation upon power to lend money,etc. SEC. X. Be it further enacted, That all laws and parts of laws in conflict herewith be, and the same are, hereby repealed. Approved September 21, 1891. INCORPORATING THE COMMERCIAL TRAVELERS' SAVINGS BANK. No. 487. An Act to incorporate the Commerical Travelers' Savings Bank, and for other purposes. SECTION I. Be it enacted by the General Assembly of Georgia, That John M. Green, Joel Hurt, H. L. Atwater, W. A. Hansell, T. J. Hightower, J. G. Oglesby, J. D. Turner, John B. Daniel, Joseph Hirsch, L. Liebermann, Louis Wellhouse, A. J. McBride, D. O. Dougherty, W. A. Gregg, W. W. Draper, A. C. Hook, W. T. Ashford, George W. Brooke, C. I. Branan and C. D. Montgomery, their associates, successors and assigns, be, and they are, hereby constituted and declared a body corporate and politic, with perpetual succession, under the corporate name and style of Commercial Travelers' Savings Bank, and by said corporate name may contract and be contracted with, sue and be sued, plead and be impleaded, receive, purchase, own, hold and use property of all descriptions, and alien, convey, lease and mortgage, and otherwise dispose of the same in any manner that a natural person might lawfully dispose of similar property. Said corporation shall have power to make, use, renew and alter at pleasure a corporate seal,

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make by-laws, not inconsistent with the laws of this State or of the United States, and do any and all acts and things necessary or proper to carry into effect the objects and purposes of this Act, and to exercise in general, all the powers incident to corporations, particularly banking, loan and trust, fidelity and exchange companies, and necessary and proper for the transaction of business for which it is incorporated, including the rights, powers and privileges enumerated and set forth in sections 6, 7, 8 and 11 of an Act of the General Assembly of Georgia, entitled An Act to incorporate the Oglethorpe Savings and Trust Company, and for other purposes, connected therewith, approved December 18th, 1886, the language of which said sections is hereby adopted and made a part of this Act, as though fully set forth herein, except that the words the Oglethorpe Savings and Trust Company shall be changed to the words the Commercial Travelers' Savings Bank. Corporators. Corporate name and general powers. SEC. II. Be it further enacted, That the principal place of business of said corporation shall be in the city of Atlanta, but it may establish branches or agencies at other places in said State or elsewhere, and delegate to them such powers as may be necessary for properly transacting the business of such branches or agencies. Principal and branch offices. SEC. III. Be it further enacted, That the capital stock of said corporation shall be one million dollars, divided into shares of one hundred dollars each. Subscriptions to the capital stock shall be payable on the second Saturday of each month, in monthly installments of two dollars each, with no power to call for other or different payments, but with the privilege on the part of a subscriber to make larger payments or to pay all of his subscription in anticipatien of the monthly dues. Subscriptions heretofore made to this capital stock in anticipation of the granting of this charter, when accepted by the corporators, shall be held and treated as if they had been made to the corporation under and in accordance with this Act, and said subscriptions shall be binding on the subscribers, according to the terms thereof, in all respects as if made and delivered to the corporation by the subscribers in person. The good faith and solvency of said subscriptions so heretofore made shall be determined by John M. Green, J. G. Oglesby, J. D. Turner, Charles D. Montgomery and H. L. Atwater, as provided in the terms of the subscription. The corporators, or a majority of them, may open books of subscription, and whenever two hundred and fifty thousand dollars of said capital stock shall

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be taken by bona fide solvent subscription, then the corporators shall have the right to organize the corporation and transact business, and the subscriptions heretofore made, when accepted by the corporators, shall be estimated and considered in making up the two hundred and fifty thousand dollars. Capital stock. Payment of subscriptions, etc. Beginning business. SEC. IV. Be it further enacted, That the corporate powers of said corporation shall be exercised by a Board of Directors. The board shall consist of fourteen stockholders. A majority of the board shall constitute a quorum for the transaction of business. The first Board of Directors shall consist of J. G. Oglesby, J. D. Turner, John M. Green, W. A. Gregg, C. S. Kingsberry, C. I. Branan, George P. Allen, C. D. Montgomery, J. C. Kirkpatrick, A. L. Kontz, J. F. Gatins, D. O. Dougherty, H. L. Atwater, and John L. Hopkins; and this and all subsequent boards shall hold their offices for one year, and until their successors are elected and qualified. The Board of Directors shall choose out of their own number a president and vice-president, and shall have power to fill any vacancies which may occur in said board, and shall appoint such officers, agents and clerks as may, in their judgment, be necessary; fix their salaries and define their duties, and remove them whenever it seems to said board proper to do so, requiring of any officer or agent so appointed such bond and security as may be deemed proper by said board to secure the faithful discharge by him of his duties and of the trusts reposed in him. Said Board of Directors shall have power to make by-laws for the management of the affairs of said corporation, and do all things necessary for the protection of its interests, in conformity with the provisions of this Act. Said by-laws shall be subject to revision, modification or repeal by the stockholders at an annual meeting, according to such rules as may be prescribed in the by-laws. Directors and officers. By-laws. SEC. V. Be it further enacted, That said corporation shall have the first lien upon the stock or shares of each stockholder for any indebtedness the stockholder may owe or be liable for to the corporation, whether by overdraft, note, acceptance, indorsement, security or otherwise. Lien upon stock for indebtedness to corporation. SEC. VI. Be it further enacted, That said corporation shall have authority to establish an exchange department, with full power to do any and all acts usual, proper or beneficial in the conduct of real estate or other exchanges. It may make loans on real estate or personal property, or other security, at any rate of interest that may be contracted for in writing, not exceeding the highest rate allowed by law, and may charge interest for the whole time, and include the same in the note or

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notes, mortgage, deed or other security given therefor, and collect the same by monthly installments, or otherwise, without any rebate of interest thereon, the debtor so agreeing thereto by executing the note or notes, mortgage, deed or security aforesaid. Exchange department. Loans and interest. SEC. VII. 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 liable, equally and ratably, and not for one 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 and stockholders for debts of corporation. SEC. VIII. Be it further enacted, That this charter shall be of force and effect for the term of fifty years from the date of the organization of the corporation. Term of charter. SEC. IX. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved September 21, 1891. AMENDING CHARTER OF THE MILLEDGEVILLE BANKING COMPANY. No. 499. An Act to amend an Act to incorporate a bank in the city of Milledgeville, to be known as the Milledgeville Banking Company, and for other purposes, approved February 28, 1874. 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 7 of the above recited Act be,

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and the same is, hereby so amended, that the stockholders of said bank may elect seven directors to govern said bank, if they so choose to do, each stockholder being entitled to one vote for each share of stock owned. Directors. Votes of stockholders. SEC. II. Repeals conflicting laws. Approved September 26, 1891. AMENDING CHARTER OF THE JACKSON BANKING COMPANY. No. 501. An Act to amend an Act to incorporate the Jackson Banking Company at Jackson, Ga., approved December 15th, 1888, enlarging the powers of said bank and for other purposes. SECTION I. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That section 2 of an Act entitled an Act to incorporate the Jackson Banking Company at Jackson, Ga., approved December 15, 1888, be, and the same is, hereby amended by striking from the second line thereof the word fifty and substituting in lieu, thereof the word one hundred, so that said section, thus amended, shall read as follows: That the capital stock of said company shall be one hundred thousand dollars, said stock to be divided into shares of one hundred dollars each, and when there shall be twenty-five thousand dollars of said capital stock subscribed and fifty per cent. of the twenty-five thousand dollars actually paid in (in lawful money of the United States), the said company may organize and proceed to business under this Act. Capital stock. SEC. II. Be it further enacted, That said corporation shall be authorized to accept and execute the office and appointment of executor of the last will and testament of any person, and of guardian when appointed as such by will or otherwise; and the Ordinaries of this State are authorized to grant letters testamentary to said corporation when it is duly appointed executor of any will; and said corporation shall have power and authority to accept and execute the office of administrator whenever appointed thereto by the Ordinary of the county in which administration is being taken out upon any estate. Said corporation shall have power also to accept and execute the office of agent, assignee, receiver or trustee of

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every kind whatever, or by any, either of the United States or of this State. The capital stock, property and assets of this corporation shall be absolutely liable for the faithful management of the trust confided to its care as executor, guardian or trustee agent, assignee or receiver as aforesaid. That all laws of force in this State, concerning executors, administrators, guardians, trustees, assignees or receivers shall apply to this company when appointed to such office. May be executor or guardian. Or administrator. Or agent, trustee, receiver, etc. SEC. III. Be it further enacted, That said corporation shall be authorized to act as the depository for trust funds, or funds held by the courts, corporations or individuals, for distribution, and to discharge generally the business of a trust company in addition to its present banking business. Depository for trust funds, etc. SEC. IV. Be it further enacted, That married women and minors shall be competent to make deposits with said corporation, of money or otherwise, and their checks or receipts for the same shall be sufficient discharge to said corporation; and any contract made by them with said corporation, in the course, of business with said corporation as to said deposits, shall not be subject to the claims, contracts or debts of the husband, respectively, of such married women, or of the parents or guardians, respectively, of such minors. Deposits by married women and minors. SEC. V. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved September 26, 1891. AMENDING CHARTER OF THE ATHENS SAVINGS BANK. No. 506. An Act to amend an Act incorporating the Athens Savings Bank approved October 19, 1885, and an Act amendatory thereof, approved October 24, 1887. SECTION I. Be it enacted by the General Assembly of Georgia, That an Act incorporating the Athens Savings Bank, approved October 19, 1885, and an Act amendatory thereof, approved October 24, 1887, be, and the same are, hereby amended by adding the following sections to said Acts, which shall be known as sections 6 and 7 of said Acts, to-wit: Sec. 6. Be it further enacted, That it shall be lawful for the said corporation to pay to any depositor being a minor without a guardian such sums as may be due to said depositor, notwithstanding that no guardian shall have been appointed for such depositor, and the receipt or acquittance of such minor shall be valid as if

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the same were executed by a guardian duly appointed. Married women may deposit money in their own names and receive the interest or dividend thereon and receive or withdraw the same and such deposits shall not be subject to the control of their husbands, or liable for his debts: nor shall money deposited by a single woman be subject, in case of marriage, to the use or control, nor liable for the debts of her future husband. The corporation shall keep a book at its office in which each depositor, on signing their names, shall be at liberty to appoint some person or persons to whom, in the event of death, the money shall be paid without administration. Sec. 7. Be it further enacted, That the corporation shall not be required to receive on deposit a less sum than one dollar. Depositors [Illegible Text] minor. Married women. Depositor may appoint payee in case of death. Not required to receive deposits of less than one dollar. SEC. II. Be it further enacted, That the Act incorporating the Athens Savings Bank, approved October 19, 1885, be, and the same is, hereby further amended by changing the numbers of sections 6, 7 and 8 of said Act, so that they shall be known as sections 8, 9 and 10 of the amended Act. Number of sections in Act incorporating changed. 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. AMENDING CHARTER OF THE SOUTHERN EXCHANGE BANK. No. 511. An Act to amend an Act entitled an Act to incorporate the Southern Exchange Bank, to define its powers, and for other purposes, approved December 20, 1890. SECTION I. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That section (1) of the said Act is hereby amended, by adding to the first section of said Act the following, to-wit: Paid-up stock shall also consist of that upon which $100 per share is paid at the time of subscription, or as soon thereafter and in such installment as the Board of Directors may require: such stock shall entitle the holder thereof to one vote for each share so subscribed for. Scrip for $100 per share shall be issued when $100 per share shall be paid; and the holder thereof shall be entitled to receive such dividends as may be declared by the Board of Directors of said bank from time to time. Paid up stock. SEC. II. Be it further enacted, That the second section of said Act be, and the same is, hereby amended by striking out the word seventy-five after the word pay and before the word cents, and by adding in lieu thereof eighty-five, and by adding after the words cents and before the words per month the following, to-wit: or such other sum as the Board of Directors may require; and by adding after the word month and before the

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word until in said section the following, to-wit: ten cents per share of such monthly installments going to defray the expenses of said bank. Payments upon stock, etc. SEC. III. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved September 29, 1891. INCORPORATING THE NORTHEAST GEORGIA LOAN AND BANKING COMPANY. No. 523. An Act to incorporate the Northeast Georgia Loan and Banking Company, to confer certain powers and privileges on the same, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That John T. Anderson, Frank J. Sibley, Jess R. Lunisden and Henry S. West, of the State of Georgia, and Charles E. Hendrickson, of the State of Massachusetts, and such other persons or corporations as shall hereafter become associated with them, and their successors and assigns shall be, and they are, hereby constituted and made a body corporate, with perpetual succession, under the name of the Northeast Georgia Loan and Banking Company, and with power under this name to contract and be contracted with, sue and be sued, plead and be impleaded; to receive, purchase, own, hold and use property, both real and personal; to sell, convey, lease, mortgage and otherwise dispose of property to as full an extent as natural persons might lawfully dispose of property of like character; to have a common seal, which it may change at will, and to exercise in general and fully all powers incident to corporations and necessary and proper for the transaction of the business of this corporation. Corporators. Corporate name and general power. SEC. II. Be it further enacted, That the principal office of this corporation shall be located in the city of Athens, Georgia, but the Board of Directors are hereby authorized to establish such other offices and agencies in this State or elsewhere, and to make such rules and regulations for their management as they may deem to the best interest of the corporation. Principal and branch office. SEC. III. Be it further enacted, That the capital stock of said corporation shall be one hundred thousand dollars divided into shares of one hundred dollars each, with the right to increase its capital stock, at any time and by a majority vote of the Board of Directors, to any sum not exceeding one million dollars. All subscriptions to said capital stock shall be binding upon the subscribers, and shall be payable upon such terms and conditions, and at such times as the incorporators or Board of Directors may require. As soon as twenty-five thousand dollars of said capital stock shall

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be subscribed, and twelve thousand dollars thereof paid in, this corporation is authorized to organize and commence business under this charter. Capital stock. Beginning business. SEC. IV. Be it further enacted, That the corporate powers of this corporation shall be vested in a Board of Directors of not less than five nor more than nine persons, all of whom shall be stockholders, who shall serve one year and until the election of their successor, except the first board, which shall serve until their successors are elected and qualified; that the election of the Board of Directors (except the first board, which shall take place on the organization of this corporation) shall take place on the first Wednesday of July annually (unless postponed to some other date for want of a quorum of stockholders), and shall be by a majority vote of the stockholders present. Stock may be voted either in person or by written proxy, and a majority of the stock of said corporation shall be required to constitute a quorum at all stockholders' meetings. In case a vacancy on the Board of Directors should occur, the president of the Board of Directors is authorized to call a meeting of the stockholders to elect a member to fill the vacancy. The Board of Directors shall select from their own number a president and vice-president, and appoint such officers, agents and clerks as they may think necessary for the best interest of the corporation, fix their salaries and define their duties, and remove them whenever it seems to said board proper to do so, requiring, when necessary, of any officer or agent so appointed, such bond and security, as, in their judgment, is deemed proper to secure the faithful discharge by him of his duties and of the trust reposed in him, and do all things necessary for the promotion and protection of the corporation's interest. It shall also be the duty of the Board of Directors to make annual returns to the stockholders of the financial condition of the corporation, and to declare and order dividends out of the net earnings, and to create a proper surplus fund, and to provide how and in what manner certificates of stock shall be transferred. Directors and officers etc. Annual returns. Dividends and surplus. Transfers of stock. SEC. V. Be it further enacted, That said corporation shall have the right to do a general banking business; to receive deposits, make loans and discounts, buy and sell exchange, lend its own or depositors funds; to loan or borrow money, and to take and give such security as deemed best; to purchase, discount and collect notes, bills of exchange or other securities, and do all other acts in general banking business that may be deemed advisable for the safe keeping and profitable investment of its funds. It shall also have the right to obtain and procure loans of money for any person, company, partnership or corporation, and to do all things necessary, desirable or incidental towards mediating between borrower and lender, either with or without guaranty, indorsement or other liability on the part of said corporation, and make or negotiate loans to any such party or corporation for any length of time upon improved or unimproved real estate security in this or any other State, and have said loan secured by mortgage or trust deeds;

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and upon all such loans it shall have the right to guarantee, if it should so decide, the payment of both the principal and interest or either, and upon such loans so secured by mortgages or trust deeds or otherwise. Said corporation is hereby given the right to charge for expenses of investigating and abstracting titles, inspecting and reporting on property offered as security, and for making, negotiating or guaranteeing the payment of the said loans, such sum in addition to interest, not in excess of the legal rate, as may be agreed upon between the borrower and this corporation. Banking powers, etc. Loans and guaranties. Charges for investigating titles, etc. SEC. VI. Be it further enacted, That said corporation shall and is hereby given the right to carry on the business of guaranty insurance, and may insure or guaranty to any person, firm or corporation the payment of any dividends, bonds, notes, undertakings, mortgages or other securities or evidences of indebtedness, or the interest thereon, or may warrant or guaranty the title to any real estate or personal property within this or any other State or Territory to any person firm or corporation, and may guaranty the faithful discharge of duty and faithful accounting for funds by any public or private official or agent, and for such guaranty may sign as security any official or private bond or other obligation, and may charge and collect therefor any price that may be agreed on. Guaranty Insurance. SEC. VII. Be it further enacted, That said corporation shall have power to issue (debenture) coupon bonds singly or in series or classes of any denomination, properly secured upon the property placed with said corporation for such purposes, or on property held or owned by it, and to secure the payment of such bonds and the interest thereon may transfer to any person, natural or artificial, as trustee, all of its property, securities, effects or franchises or any part thereof, by way of mortgage, deed, pledge or otherwise and said corporation may sell, loan, pledge, hypothecate or otherwise dispose of said (debenture) coupon bonds or other evidences of debt by the use of agents or otherwise, at any price, for the purpose of obtaining money for use in its general business or in securing money for others; and said corporation, whenever it shall produce and surrender any of its debentures, shall have the right to call on the trustee of said particular debenture to re-deliver and surrender a pro rata share of the securities held by said trustee for the payment of that particular debenture, class or series, and the trustee shall surrender the same, whereupon said corporation shall cancel the debenture so surrendered; and said corporation shall further have the right, at any time, to withdraw from the custody and control of the trustee any securities previously placed with the trustee by substituting for those proposed to be withdrawn others of equal value; and said corporation shall further have the right to receive all interest upon securities held by said trustee so long as the interest on its debentures, for which the securities are pledged, is promptly paid. Should the trustee at any time have reason to believe that the securities held by said trustee is not good and sufficient for their par value, said trustee shall have the right to call upon said company to make good the deficit or substitute other securities for the objectionable ones. Debentures etc.

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SEC. VIII. Be it further enacted, That this corporation shall have the right to loan its money for any length of time, and charge any rates of interest (not exceeding the highest rate allowed by the laws of the State of Georgia), and may charge such interest for the full period of the loan and collect the same, together with the principal, without rebate or discount, by weekly, monthly or other installments, the borrower executing his note, bond or other written contract for such installments of principal and interest as aforesaid. Loans and interest. SEC. IX. Be it further enacted, 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 the debts of said corporation to the extent of his or her unpaid shares of stock, and each 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 and stockholders for debts of corporation. SEC. X. Be it further enacted, That this corporation be, and it is, hereby authorized to accept and execute all trusts of every description which may be committed to it by any person or persons whatsoever, or by any corporation or by any court of this or any other State or Territory of the United States; to act as fiscal agent for this State or any other State or Territory, or for any county, city, municipality or corporation whatsoever for negotiating, issuing, registering, selling and countersigning bonds, certificates of stock or other obligations, and generally for managing, doing or performing such legitimate business as may be agreed upon for such State or corporation. Trusts. Fiscal agent. 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 29, 1891. INCORPORATING THE MERCHANTS' AND FARMERS' SAVINGS BANK. No. 525. An Act to incorporate the Merchants' and Farmers' Savings Bank, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State Georgia, That H. W. Whaley, W. A. Whaley, Ben Miliken, D. M.

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Clarke, R. B. Happs, and such other persons as are now or may hereafter be associated with them, be, and they are, hereby constituted a body corporate and politic, under the name of the Merchants' and Farmers' Savings Bank, and by that name shall be capable of suing and being sued, pleading and being impleaded answering and being answered unto, defending and being defended in all courts and places whatsoever, and may have a common seal, with power to alter the same, from time to time, and by the name aforesaid shall be capable of purchasing, taking and holding and enjoying to them and their successors all property of every nature that may be necessary for the purpose of promoting the objects of said corporation, and of selling, leasing or otherwise disposing of the same or any part thereof; they may receive deposits of money, and purchase and sell bills of exchange; lend money and discount notes and bills of exchange drawn against shipments of produce or any other valuable property, at their will and pleasure; loan and borrow money; take and give therefor such security as may be deemed best; and said corporation is hereby granted all such powers as are necessary for the purpose of promoting the objects of said corporation and not inconsistent with the laws of said State and the United States. Corporators. Corporate name and general power. Banking powers, etc. SEC. II. Be it further enacted, That the principal office of said Merchants' and Farmers' Savings Bank shall be located in the town of Jesup, in the county of Wayne and State of Georgia. Location. SEC. III. Be it further enacted, That the capital stock of said bank shall be twenty-five thousand dollars, to be divided into five hundred shares at fifty dollars per share, to be paid in at such times and in such manner as shall be prescribed by the president and Board of Directors. Said capital stock may at any time be increased to one hundred thousand dollars by the stockholders, upon a vote of at least two-thirds of the paid up capital stock. Capital stock. SEC. IV. Be it further enacted, That as soon as two hundred shares of the capital stock of said corporation shall be subscribed, and the sum of five thousand dollars shall be paid in on said stock, said corporation shall be authorized to organize and commence business. The first meeting of said Merchants' and Farmers' Savings Bank shall be held at any time after said five thousand dollars shall be paid in, upon notice to the stockholders by any three of the incorporators, who shall also be stockholders. At said meeting, and annually thereafter, the stockholders shall elect of their number not less than five nor more than seven directors, a majority of whom shall constitute a quorum to transact business. The Board of Directors shall elect one of their number president, and shall also elect a cashier and such other officers as may be them be deemed necessary, who shall perform such duties and receive such compensation as the Board of Directors may prescribe and fix. The Board of Directors shall have power to make by-laws for the management of the affairs of said corporation, and to do all thing necessary for the protection of its interest in conformity with the provisions of this Act, subject to revision, modification or repeal by the stockholders in meeting or convention assembled. Organization. Directors and officers.

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SEC. V. Be it further enacted, That said corporation may invest money in any good stocks, bonds and mortgages or unincumbered real estate, which said real estate shall be worth at least double the amount of the sums invested, to be determined as the directors of the corporation may prescribe, or in the stock or bonds of incorporated companies, at the discretion of the directors. Investments. SEC. VI. Be it further enacted, That said corporation shall have power to issue certificates of deposit, said certificates to be issued either with or without interest, but if bearing interest at a rate not exceeding seven per cent. per annum, as may be agreed upon. No certificate of deposit shall be issued for a smaller denomination than one dollar. Certificates of deposit. SEC. VII. Be it further enacted, That the said corporation may receive on deposit all sums of money which may be offered for the purpose of being invested, in such sums and at such times and on such terms as the by-laws or the directors may prescribe, and which shall be repaid to such depositors at such times and with such interest, not exceeding the lawful rate, and under such regulations as the Board of Directors shall, from time to time, prescribe. Deposits for investment. SEC. VIII. 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 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 and stockholders for debts of corporation. SEC. IX. Be it further enacted, That this charter shall continue in force for a term of twenty years, with the privilege of renewal at the expiration of that time. Term of charter. SEC. X. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved September 30, 1891.

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INCORPORATING THE GLYNN TITLE AND LOAN COMPANY. No. 526. An Act to incorporate the Glynn Title and Loan Company, to define its powers, privileges and liabilities 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. Clark, James S. Wright, F. E. Cunningham, H. H. Harvey, W. S. Branham, W. G. Brantley and W. W. Beach, and such other persons as may hereafter be associated with them as stockholders in the corporation hereby created, their successors and assigns, be, and they are, hereby created a body corporate, by the name of the Glynn Title and Loan Company, and by that name shall have thirty (30) years, and shall be capable to sue and be sued, contract and be contracted with, plead and be impleaded, receive, purchase, own, hold and use property of all descriptions, and sell, alien, convey, lease and mortgage and otherwise dispose of the same in any manner that a natural person might lawfully hold or dispose of similar property. Said corporation shall have power to make, use, renew and alter at pleasure a corporate seal, make by-laws for the government of its members and affairs not inconsistent with the laws of force in the State of Georgia, and generally to do and execute all such matters and things incident to the powers of corporations and necessary to carry into effect the purposes of this Act. The said corporation shall have its principal office in the city of Brunswick, county of Glynn, in this State, and may establish branch offices at such place or places as the business of the corporation may require. Corporators. Corporate name, term and general power. Principal and branch office. SEC. II. Be it further enacted by the authority aforesaid, That the capital stock of the corporation hereby created shall be fifty thousand dollars, divided into five hundred shares of one hundred dollars each; but the said corporation shall have the power to increase its said capital stock, from time to time, to any sum not to exceed five hundred thousand dollars. Said capital stock shall be paid in by the stockholders in monthly, bi-monthly, quarterly, semi-annual or annual installments, and in such sums and at such times as may be determined by the Board of Directors, the sum not to be less than one dollar per month per share, and such payments shall continue until the amounts paid shall be one hundred dollars per share; provided , any stockholder, with the consent of a majority of the directors, shall have the right to pay the entire amount subscribed for or due by him at any time, and he may receive such interest on advance payments as the Board of Directors may see fit to allow. Capital stock. Payments for. SEC. III. Be it further enacted by the authority aforesaid, That the affairs of said corporation shall be managed by a Board of Directors, to consist of not less than three nor more than nine (a majority of the board elected being competent to transact any business of the corporation), who shall be elected by a majority in value of

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the stockholders as hereinafter provided, and annually thereafter on the first Monday in April, and shall hold office until their successors are elected. Said board shall have power to fill any vacancies occurring in their body, and shall choose from among themselves a president and a vice-president. They shall also elect, either from their own body or from the general body of stockholders, a secretary, a treasurer and such other officers, agents and clerks as may, in their judgment, be necessary, fix their salaries and define their duties, and remove any and all such officers, agents or clerks whenever it seems proper to said board to do so, requiring of any officer, agent or clerk so appointed such bond and security as may be deemed proper by said board to secure the faithful discharge by him of his duties and the trusts reposed in him. They shall have power to declare dividends when earned; to provide for the sale or forfeiture of any stock by reason of default in paying the installments as aforesaid; provided , that when any stock is sold or forfeited for default in paying installments, the excess remaining after payment of all expenses and cost of forfeiture due by the owner of such stock shall be paid to such defaulter; to make by-laws for the management of the affairs of said corporation, and to do all things necessary for the protection of its interests in conformity with the provisions of this Act, subject to revision, modification or repeal by the stockholders in annual or called meeting. Directors and officers. Dividends. Sale or forfeiture of stock. By-laws. SEC. IV. Be it further enacted by the authority aforesaid, That said corporation shall have the right to make or procure copies or abstracts from the public records and gather information therefrom and from all other available sources, relating in any manner to real estate and to the character and validity of titles thereto; to make, procure and furnish maps and plats; to obtain, deal in, buy, own, sell and assign copyrights and interests thereon, especially as relating to conveyancing and abstracting titles; to make, procure, buy and sell abstracts of titles and of records; to guarantee or insure owners or mortgagees of real estate against loss by reason of defective titles, liens or other incumbrances; to act as agent in the sale, management and leasing of houses and lands, and the collection of rents of houses and lands, and to guarantee the collection of rents; to do and transact a general banking business, to receive deposits with or without allowing interest thereon, as may be agreed upon; to make loans and discounts; to buy, sell, draw and issue bills of exchange, either foreign or domestic; to buy and discount notes, drafts, checks, certificates and other evidences of debt; to make collections and to charge and receive pay for the same; to loan its own or its depositors' funds; to obtain and procure loans for any person, company, partnership or corporation, and to do all things necessary, desirable or incidental towards mediating between borrower and lender, either with or without guaranty, indorsement or liability on the part of said corporation, and to charge for such service, such a commission as may be agreed upon; to invest its own money or the money of others; to lend and invest money in or upon the security of and by way of mortgage, pledge, deed or otherwise on or over any lands, hereditaments or real property or

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interest therein of any description: to lend money upon bills of lading or the contents thereof, bills, notes, bonds, choses in action, or any and all negotiable or commercial paper, or any crop or produce whatever, or any stock, bullion, merchandise or effects, and the same to sell or in anywise dispose of; to charge any rate of interest on all such loans that may be agreed on in writing, not exceeding the highest contract rate allowed by law; and it may also make such loans for any length of time agreed on, and charge interest for the whole time, and include the same in the note or notes, or other security given therefor, and collect the same by monthly, bi-monthly, quarterly, semi-annual or annual installments, or otherwise, without any rebate of interest thereon, if the debtor or borrower will so agree; to make advances on real or personal property or both; to invest its funds in such manner and upon such terms as it may deem best, and to transfer its property at pleasure; to receive valuables or other articles of personal property of any sort or kind, including certificates of stock, securities and other evidences of the same, or of titles thereto, on deposit for safe keeping, from any person or persons, as well as from any and all [Illegible Text] the said corporation charging and receiving therefor such sums of money as may be agreed upon. Abstracts of titles, etc. Banking powers, etc. Loans and interest. Advances and investments. Safety deposits. SEC. V. Be it further enacted by the authority aforesaid, That said corporation shall have the power and authority to act as fiscal agent for any State, person or corporation, public or private, upon such terms and for such compensation as may be mutually agreed upon, not inconsistent with any of the laws of this State; to receive from persons or corporations mortgages or deeds conveying property, real or personal, in trust to said corporation, securing negotiable notes or bonds with or without coupons, not bearing a greater interest than the highest contract rate fixed by law of this State, upon such terms and subject to such powers, conditions and limitations as may be agreed on or be required by the by-laws, or by the Board of Directors of said corporation, and not in conflict with the laws of this State, and which terms, powers, limitations and conditions shall be made and subscribed by the persons and corporations so executing and delivering such mortgages or deeds in trust; and to sell or negotiate such notes or bonds so secured, or allow them to be sold or negotiated by such persons or corporations so executing and delivering same on such terms as may be agreed upon; provided , that for such services of negotiating or selling and receiving and paying over proceeds of the sale of said note or notes, bond or bonds to the persons or corporations executing the same, said corporation shall, in no case, charge a larger conpensation than the commissions now allowed by law to trustees for receiving and paying over moneys; to execute and issue its own debentures, bonds or other evidences of debt, bearing interest not exceeding the highest contract rate allowed by laws of Georgia, singly or in series or classes of any denomination, properly secured upon property placed with said corporation for said purposes, or upon property owned or held by it; to guarantee, insure or indorse interest bearing loans, notes, bonds, debentures or other evidences of debt, when said corporation

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is fully secured, and to negotiate and issue or cause same to be issued for value; to execute and to issue, demand, receive and enforce all such receipts, certificate, contracts, bonds or other instruments of writing as may be necessary for the transaction of its business; to receive savings on deposits under such requirements and regulations as may be prescribed by the Board of Directors, not inconsistent with the laws of force in Georgia; and generally to do a banking business, saving banks, abstracting of titles, loan and trust company business, and to do all acts as may be considered by it advisable and best for carrying out the same. Fiscal agent. Trust deeds or mortgages, etc. Charges. Debenture, bonds, etc. Guaranty etc. Savings, etc. SEC. VI. Be it further enacted by the authority aforesaid, That said corporation is hereby vested with all the rights, powers, privileges, pains and penalties and liabilities enumerated and set forth in sections 7 and 11 of the Acts of the General Assembly of Georgia, approved December 18th, 1886, incorporating the Oglethorpe Savings and Trust Company, and entitled An Act to incorporate the Oglethorpe Savings and Trust Company, and for other purposes connected therewith, the language of which said section is hereby adopted and made a part of this Act as though fully set forth herein. Vested with powers, etc., given Oglethorpe Savings and Trust Company. SEC. VII. Be it further enacted by the authority aforesaid, That said corporation may receive on deposit or otherwise all sums of money which may be offered it for the purpose of being invested, in such sums and at such times, with such interest, not exceeding the lawful rate, and under such regulations as may be fixed by said corporation; and if money is deposited in the name of any minor or in the name of a trustee, where the name of the cestui que trust is not coupled with the name of the trustee, such money so deposited for investment purposes, or otherwise, shall be held for the exclusive right of the depositor, free from the control or lien of any other person whomsoever, except creditors, and the receipt of acquittance of such minor or trustee as such, by check or otherwise, shall be a valid and sufficient release and discharge for such deposits, with any accruing interest so paid. Deposits for investment. Deposits by minors or trustees. SEC. VIII. Be it further enacted by the authority aforesaid, That when said corporation shall make loans on real estate, that all laws applicable to building and loan association loans and to the sale of securities, real or personal, pledged or conveyed, of such associations, shall be made applicable to said corporation, and said corporation shall have the right to charge such sum in addition to interest, not in excess of the lawful rate, as may be agreed upon by the borrower and the corporation, for the expenses of investigating and abstracting titles, and inspecting and reporting on property offered as security. Loans on real estate. Charges for investigating titles, etc. SEC. IX. Be it further enacted by the authority aforesaid, That the stock held by any one shall be transferred only on the books of said corporation, either in person or by power of attorney, and no stockholder shall transfer his or her stock except by consent of the directors of said corporation, and that said corporation shall have the first lien upon the stock or shares of each stockholder for any indebtedness that the stockholder may owe or be liable for to the

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corporation, whether by overdraft, note, acceptance, indorsement, security, unpaid stock subscription or otherwise. Transfers of stock. Lien upon stock for indebtedness to corporation. SEC. X. Be it further enacted by the authority aforesaid, That the persons named in the first section of this Act, or any two or more of them, be, and they are, hereby appointed commissioners to receive subscriptions to the capital stock of said body corporate, and they may cause books to be opened, at such times and places as they shall direct, for the purpose of receiving subscriptions, and as soon as three-fifths of the capital stock shall have been subscribed for, the said commissioners may call a general meeting of the subscribers for the purpose of organizing and electing a Board of Directors. Books of subscription. Organization. SEC. XI. Be it further enacted by the authority aforesaid, That when said corporation shall have been organized, and the Board of Directors elected, and said Board of Directors shall have completed its organization by the election of a president, vice-president, secretary and treasurer and such other officers as the said board shall then determine upon, the said corporation may then proceed to do business by collecting the installments upon the capital stock and investing the same, and doing an abstract of title business, as herein authorized, and generally to exercise the powers conferred by this Act, except that said corporations shall have no power to receive daily deposits and engage in a general banking business; to insure titles and to exercise the powers conferred in sections 5 and 6 of this Act until at least twenty per cent. of the original capital stock has been actually paid into the treasury of said corporation. Collection of stock subscriptions [Illegible Text] business etc. SEC. XII. Be it further enacted by the authority aforesaid, That the stockholders of said corporation shall meet annually on the first Monday in April in Brunswick and at such other times as the Board of Directors may determine, and said board shall, upon the written request of one-fourth in interest of the stockholders, call a meeting at any time, and cause the necessary notice thereof to be given. A majority in interest shall constitute a quorum for the transaction of business, and be competent to elect a Board of Directors at the annual meeting, and generally to exercise the powers conferred by this Act. Stockholders' meetings. SEC. XIII. Be it further enacted by the authority aforesaid, That said corporation shall be responsible to its creditors to the extent of its property and assets, and the stockholders shall be individually liable, equally and ratably, and not one for another, as sureties, to the creditors of said corporation for all contracts and debts of said corporation to the extent of the amount of their stock therein (at the par value thereof) respectively, at the time the debt was created, in addition to the amount invested in such shares. Liability of corporation and stockholders for debts of corporation. SEC. XIV. Be it further enacted by the authority aforesaid, That this charter shall be of force and effect for the term of thirty (30) years from the date of the organization of said corporation. Term of charter. SEC. XV. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved October 1 1891.

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INCORPORATING THE SECURITY BANK. No. 528. An Act to incorporate the Security Bank, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That S. W. Coney, Z. A. Littlejohn, J. H. Pharr, J. E. D. Shipp, T. M. Adams, D. J. McRae, W. W. Shipp, J. W. Stapleton and G. M. McMillan, and such other persons as may be associated with them and their successors and assigns, are hereby constituted a body corporate, under the name of the Security Bank, to be located in the city of Cordele, Dooly county, Georgia. Corporators. Corporate name and location. SEC. II. Be it further enacted, That the capital stock of said bank shall be one hundred thousand dollars, with the privilege of increasing the same to any amount not exceeding one million dollars, said stock to be divided into shares of one hundred dollars each. Certificates of stock shall be issued to each stockholder, truly representing his or her interest in the company, and all sales and transfers of stock in said bank must, in order to be valid, be made on the books of the company by the owner of the stock, or by his or her lawfully appointed attorney-in-fact. Capital stock. Transfers of stock. SEC. III. Be it further enacted, That when fifty thousand dollars shall be subscribed and paid in on account of subscriptions to stock, then the subscribers shall be and become a body corporate and politic, for the term of thirty years, under the name of the Security Bank, and by that name shall exercise corporate powers and be competent to contract and be contracted with, sue and be sued, plead and be impleaded in any court having jurisdiction of the subject matter involved; and shall be capable of purchasing, holding and selling real and personal property in the safe prosecution of the business of said bank, and shall have power to make and use a corporate seal and do all acts and things, and to pass and enforce all such rules and regulations as may be necessary and proper to carry into effect the objects and purposes of this Act and the business of said corporation; provided , said rules and regulations are not inconsistent with the laws of this State and of the United States. General powers. SEC. IV. Be it further enacted, That the directors of said bank may, on the first Monday in January and July of each year, declare a dividend of so much of the net profits as they shall deem expedient, but before declaring such dividend they shall carry one-tenth of its net profits of the preceding half year to the surplus fund, until the surplus fund shall amount to twenty per centum of the capital stock, and thereafter the amount carried to the surplus fund shall be discretionary with the directors; and the capital stock and the surplus fund and all the assets of every kind shall be liable for any and all debts of the company, and in addition thereto, the the stockholders shall be individually liable for the debts of the company to the extent of one hundred dollars for each share of stock held by them. Dividends. Surplus. Liability of corporation and stockholders for debts of corporation.

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SEC. V. Be it further enacted, That the powers of this company shall be exercised by a Board of Directors of not less than five nor more than nine persons, to be chosen as hereinafter provided, who shall elect from their number a president. Said directors shall also elect a cashier, and appoint, from time to time, or at any such time such other officers or agents as, in their judgment, the business may require, fix their compensation, dismiss them, and take bonds from persons so elected or appointed, in such sum as they may deem proper for the faithful execution of their duties. The directors of the company shall be elected upon the first organization, upon a call of a majority of the incorporators of such organization. Each stockholder shall have written notice five days before the same, and annually thereafter on the first Wednesday in October of each year, and the directors shall continue in office until their successors are elected and qualified. A majority of said directors shall have power to act at all the meetings of the board, and to fill any vacancy that may occur in the board. Each stockholder shall be entitled, at all elections of directors of said company, to one vote for each share of stock held by him, whether in his own right or in any fiduciary capacity. He may vote either in person or by proxy under written power of attorney. If for any reason said election of directors is not held on the first Wednesday in October, then any member of the stockholders of said company representing one-third of the whole number of shares of said company may call a meeting by giving written notice to every stockholder five days in advance of the day of said meeting, or by giving five days' notice, in the nearest newspaper to said bank, of the day of said election. No election shall be valid unless a majority of the whole stock is represented at such stockholders' meeting. Directors and officers. Elections. Quorum of directors. Vacancies. Votes of stockholders. [Illegible Text] SEC. VI. Be it further enacted, That said corporation shall have power to receive money on deposit; to loan and borrow money; to take and give therefor such securities as may be considered best; to purchase and discount notes and bills of exchange; to act as agents for borrowers; to secure loans for them on real estate or other security and charge a commission for negotiating same, and to do all other acts it may deem advisable for the safe keeping and securing profitable investment of it funds. [Illegible Text] powers etc. SEC. VII. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved October 1, 1891.

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AMENDING CHARTER OF THE TITLE GUARANTEE AND LOAN COMPANY OF SAVANNAH. No. 529. An Act to amend an Act entitled an Act to incorporate the Title Guarantee and Loan Company of Savannah, and for other purposes, approved October 17, 1887, by adding to the fourth section of said Act as hereinafter provided, and incorporating a new section concerning deposits by married women and minors, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That the Act entitled an Act to incorporate the Title Guarantee and Loan Company of Savannah, and for other purposes, approved October 17, 1887, be, and the same is, hereby amended by adding to the fourth section of said Act the words: The said corporation shall have power to indorse and guarantee the payment of notes, bonds, drafts, commercial paper and obligations of any kind for persons or corporations, upon such terms and for such compensation as may be agreed upon between said corporation and the persons or corporations procuring such indorsements or guarantees, and may accept and receive as its security for such guarantees or indorsements mortgages upon real or personal property or absolute conveyances of the same, or other form of conveyance, which shall vest the title to such real or personal property in said corporation, and the said corporation may contract with such persons or corporations to guarantee and indorse as aforesaid for specific amounts, which may be divided into such sums as may be agreed upon and for specific periods of time, during which the notes, bonds, drafts or commercial paper may be renewed from time to time, the security given covering all such renewals made within the limit of time agreed upon or contracted for. Guaranty powers,etc. SEC. II. Be it further enacted, That married women and minors shall be competent to make deposits with said corporation of money or otherwise, and their checks and receipts for the same shall be a sufficient discharge to said corporations, and any contracts made by them with said corporation in course of business, as to said deposits, shall be valid and binding in law, and such deposits shall not be subject to the claims, control or debts of the husbands, respectively, of such married women, or the parents or guardians, respectively, of such minors. Deposits by married women and minors. SEC. III. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved October 1, 1891.

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INCORPORATING THE BANK OF LOUISVILLE, GEORGIA. No. 532. An Act to incorporate the Bank of Louisville, 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 F. A. Sinquefield, Samuel M. Clark, Louis R. Farmer, W. A. Willie, William Little, W. W. Abbot, George W. Warren and Robert C. Neely, and such other persons as may hereafter become associated with them, and their successors and assigns, shall be a body politic and corporate, with continuous succession, under the name and style of the Bank of Louisville, Georgia, and by said corporate name shall be competent in law to contract and be contracted with, sue and be sued, plead and be impleaded in any court having jurisdiction over the subject-matter involved; to receive, purchase, own, hold and use property of all descriptions, and alien, convey, lease and mortgage and otherwise dispose of the same in any manner that a natural person might lawfully dispose of similar property. Said corporation shall have power to make, use, renew and alter at pleasure a corporate seal, make by-laws not inconsistent with the laws of the land, and do all acts and things necessary or proper to carry into effect the object and purposes of this Act, and to exercise in general all the powers incident to corporations and necessary and proper for the transaction of business for which it is incorporated. The said corporation shall be located at Louisville, Georgia. Corporators. Corporate name and general powers. Location. SEC. II. Be it further enacted, That the capital stock of this corporation shall be twenty-five thousand dollars, to be divided into shares of one hundred dollars each, but it shall have power, after said stock shall have been paid up, to increase its said capital stock, from time to time, to any sum, not to exceed two hundred thousand dollars, whenever it may be deemed expedient by the stockholders in meeting assembled, two-thirds of the entire stock being voted in favor of such increase before the same can be effected. Said corporation is hereby authorized to commence business as soon as twelve thousand five hundred dollars shall be paid in upon said capital stock, and the Board of Directors shall be authorized to call in the balance of said capital stock in installments and at such times as may be deemed necessary by said board. Capital stock. Beginning business, etc.

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SEC. III. Be it further enacted, That the persons named in the first section of this Act, or any three of them, are hereby appointed commissioners with power to open books of subscription to said capital stock at such times and places, and for such length of time as they may deem best. And when twenty-five thousand dollars of stock shall have been subscribed for, ten dollars on each share shall at once be paid in cash to said commissioners. Thereupon said commissioners shall cause notice to be given the subscribers, requiring them to assemble at the time and place named in the notice to organize this corporation and elect a Board of Directors and other officers. On assembling of the subscribers or such of them as may choose to attend in person or by written proxy, they shall proceed to hold an election for the first Board of Directors (which shall consist of five) for this corporation, under the supervision of said commissioners, who shall declare the result of said election and turn over to said board so elected the money subscribed on account of said stock, the charter and subscription lists, and thereupon this corporation will be organized. All subscriptions to the capital stock shall be binding upon the subscribers and upon their heirs and assigns and legal representatives, and shall be payable in such installments as the directors may require; and, if any stockholder shall fail to pay any such installment in sixty days after the same is due, his stock shall be in default and the same shall be sold out to the highest bidder for cash on the first Tuesday in any month before the court-house door in Louisville, during the legal hours of sale or otherwise, upon such notice and advertisement as may be deemed necessary by the Board of Directors, and said stock may be bought in by and for said corporation, and be reissued to some other person upon his paying the value of the same, including unpaid installments, the delinquent stockholder receiving the surplus, if any, over and above the expenses incident upon said sale, including attorney's fees, if any; and any deficiency in the sum received at said sale necessary to make the amount due on said stock, and all of said expenses, shall be made good to said corporation by said delinquent stockholder. A new certificate of stock shall be issued to the purchaser, and he shall stand in the same relation to said corporation as the delinquent would have done had he not so made default. If installments on stock are paid during said sixty days, the stockholder so paying shall also pay interest from the time said amounts were due. Each stockholder shall be entitled to one vote for each

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share, and such vote may be given in person or by written proxy, and a plurality of votes shall elect. Books of subscription. Organization. Payments for stock. Failure to pay. Votes of stockholders. SEC. IV. Be it further enacted, That the corporate powers of said corporation shall be vested in and exercised by a Board of Directors, who shall serve one year and until successors are elected, except the first board which shall serve until successors are elected, and who shall choose out of their number a president and vice-president, and shall appoint such officers and agents as may, in their judgment, be necessary; fix their salaries and define their duties, requiring of any officer or agents so appointed such bond and security as may be deemed by said board proper to secure the faithful discharge of the duties of the trust reposed in them. Said Board of Directors shall have power to make by-laws for the management of the affairs of said corporation, and to do all things necessary for the protection of its interest in conformity with the provisions of this Act, subject to revision, modification or repeal by the stockholders in meeting or convention assembled. The directors shall have power to declare dividends out of the earnings of said corporation and to fill all vacancies in their board. No person shall be a director who does not own, in his name, at least five unpledged and unincumbered shares of stock, and whenever any director ceases to own that amount of stock, unpledged and unincumbered, the board shall declare such person to be no longer a director, and proceed to fill such vacancy. Certificates of stock shall be issued to the stockholders in such form and tranferred in such manner as the directors may prescribe, but no transfer or assignment of shares shall operate to release any stockholder from any obligation to the corporation without the consent of the board. The regular annual meeting of stockholders for the election of directors shall be held at the principal office of the corporation in Louisville, on the fifth day of January of each year; but if no election shall be held on that day it may be held on any other subsequent day selected by the Board of Directors, notice having been given in the newspaper wherein the legal advertisements of said county are published for ten days prior to the time of said election; and if the Board of Directors should, within thirty days after said fifth day of January, fail to make a call for the meeting for election as above, then the stockholders representing two-thirds of the shares may do so on the same notice as above. The Board of Directors shall have power to call a meeting or convention of the stockholders whenever said board may deem it proper to do so, upon giving

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the notice above provided. Any number of the stockholders of said corporation, owning or representing at the time two-fifths of the capital stock, may, by giving twenty days' notice thereof in the above named newspaper, call a meeting of all the stockholders of the corporation at such time and place, in the town of Louisville, as may be in such call designated; but no act of the stockholders in the meeting shall be valid or binding on the corporation unless a majority of the stockholders, in value, shall be represented, except the election of directors. Nothing herein provided for shall prevent the Board of Directors from calling a meeting of the stockholders whenever said board may deem it proper to do so. Directors and officers. By-laws etc. Dividends. Vacancies. Directors must hold at least five shares. Certificates and transfers of stock. Regular annual meeting of stockholders. Called meetings. SEC. V. Be it further enacted, That the Bank of Louisville shall have power and authority to receive money on deposit, and to issue certificates of deposit on any lawful terms agreed upon; to loan and borrow money, and take and give therefor such securities as may be considered best; to make advances on real or personal property, or both; to invest its funds in such manner and on such terms as it may deem best, and to transfer its property at pleasure; to receive valuables and other articles of personal property of any sort or kind, including certificates of stock, securities and other evidences of the same, or of titles thereto, on deposit for safe keeping, from any person or persons, as well as from executors, administrators, guardians, receivers, trustees, corporations, public and private officers, and all other fiduciaries, the said corporation charging and receiving therefor such sums of money as may be agreed upon; to deal in precious metals, foreign and domestic exchange; to buy, sell, discount or collect promissory notes, bills of exchange, bills of lading, contracts, claims, receipts, rents, choses in action of any kind whatever, mortgages, bonds, stocks, securities, and evidences of debt generally; to buy, sell, rent, improve, mortgage, lease, manage or otherwise to have, hold, operate or control any real or personal property in this or any other State or Territory of the United States; to receive deposits of money for investment purposes, on such lawful terms as may be agreed upon, and to issue receipts or certificates therefor; to negotiate, buy or sell for others, stocks, bonds, bills of exchange, promissory notes, rents, mortgages, choses in action, securities and personalties of all kinds, and real estate in this or any other State or Territory of the United States; to advance and loan money on the same, and to negotiate advances and loans upon the same, and to invest funds generally, upon such lawful terms and conditions as may be

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

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by will, but not otherwise; and the Ordinaries of this State are authorized to grant letters testamentary to said corporation when it is appointed executor of any will. Said corporation shall have power to accept and execute the office of agent, assignee, receiver or trustee of every kind whatever, whether such office or appointment shall be conferred by any person or persons, by any corporation, public or private, or by any court, either of the United States or of this State. The capital stock, assets and property of this corporation shall be absolutely liable for the faithful management of the trusts confided to its care as executor, guardian or trustee, agent, assignee or receiver as aforesaid, and said capital stock, property and assets shall be considered and accepted as the security intended in all cases when bonds and securities are required by law, and no other bond or security shall be required for the faithful performance of any duty imposed upon it when this corporation shall accept such trust; provided , that any person at interest may, upon motion in the proper court, as a matter of right, require the execution of a bond on the part of said corporation, conditioned for the faithful performance of the trust reposed, in such an amount as the court may determine. May be executor, guardian, agent, trustee, etc. Bond may be required. SEC. VII. Be it further enacted, That said corporation shall have power to act as fiscal agent for the State of Georgia or for any other State, or for any county, city, town, corporation or municipality whatsoever, for negotiating, issuing, registering, selling and countersigning bonds, certificates of stock or other obligations; and for paying bonds, coupons, certificates of stock or other obligations, or for guaranteeing the payment of such bonds, certificates, obligations or coupons, and generally for managing such business for compensation as may be agreed upon. When the management of any estate or fund is vested in said corporation under the provisions of this Act, said corporation may be sued in the county in which the appointment was made; and it shall be the duty of said corporation to have an agent in every such county upon whom service can be perfected, and in case it fails to have such agents, it may be served by publication as non-resident defendants in equity cases are now served. That when said corporation may have moneys in its hands (acting in any of the foregoing fiduciary capacities), it may invest the same in bonds of public debt of the United States or of this State, with like freedom from liability, as though ordered to do so by the will, deed or other instrument, or order or decree of court creating the trust; provided , such investment be not contrary to any of its directions. That

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said corporation shall not be obliged to convert into cash, or change any investment of stocks, bonds or other securities which may come into its hands when acting in any of the aforesaid official or fiduciary capacities, unless directed by deed or will, or otherwise required to do so for the payment of debts expenses or pecuniary legacies. That whenever any court shall appoint said corporation as trustee, assignee or receiver, or deposit with said corporation any moneys, such court may, at any time, appoint a suitable person to investigate the condition and management of said corporation, who shall report to said court his opinion of the safety and prudence of its investments, and of the integrity and ability with which its affairs are conducted, and the security offered, and the reasons and figures supporting said opinion. The Governor of this State may, if he sees proper, cause such examination to be made annually, or oftener, if in his opinion any emergency requires it. Fiscal agent. Suits against. Service of process. Investment of trust funds. Investigation of condition and management of corporation, etc. SEC. VIII. Be it further enacted, That married women and minors shall be competent to make deposits with said corporation of money or otherwise, and their checks or receipts for same shall be a sufficient discharge to said corporation; and any contract made by them with said corporation as to said deposits shall be valid and binding in law, and such doposits shall not be subject to the claims, control or debts of the husbands of such married women, or of the parents or guardians of such minors. Deposits by married women and minors. SEC. IX. Be it further enacted, That said corporation shall have its principal office in the town of Louisville, Georgia, but may do and transact business within its corporate scope anywhere in the United States of America, and may establish agencies for the transaction of its business at any place within the State of Georgia, or elsewhere, and may delegate to them such powers as may be necessary for the business of such agencies or branches. Principal office and agencies [Illegible Text] SEC. X. Be it further enacted, 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 stockholders 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,

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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 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. XI. Be it further enacted, That this charter shall be of force and effect for the term of thirty years from the date of the organization of said corporation. Term of charter. SEC. XII. Be it further enacted, That all laws and parts of laws, in conflict with this Act be, and the same are hereby repealed. Approved October 2, 1891. INCORPORATING THE BANK OF COMMERCE. No. 533. An Act to incorporate the Bank of Commerce of Summerville, Georgia, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That C. W. Smith, of Cedartown; J. S. Cleghorn, G. D. Hollis, E. N. Martin, H. H. Arrington, H. B. Kerby and J. W. Pitts, of Summerville, Georgia, and such other persons as may hereafter be associated with them and their successors and assigns, are hereby constituted a body corporate, under the name of The Bank of Commerce, to be located in the city of Summerville, Chattooga county, Georgia. Corporators. Corporate name and location. SEC. II. Be it further enacted, That the capital stock of said company shall be fifty thousand dollars, with the privilege of increasing it to one hundred thousand dollars, said stock to be divided into shares of one hundred dollars each, and when there shall be twenty-five thousand dollars of said capital stock subscribed, and fifteen thousand actually paid in, the said company may organize and commence business under this Act. Capital stock. Beginning business. SEC. III. Be it further enacted, That when the subscription authorized in the second section of this Act shall be twenty-five thousand or more, and when fifteen thousand or more, in lawful money of the United States, shall

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have been received by the commissioners provided for in this Act on account of subscriptions, shall be and become a body corporate and politic, with continual succession, under the name of The Bank of Commerce of Summerville, and under that name shall exercise corporate powers, and be competent to contract and be contracted with, to sue and be sued, plead and be impleaded, in any court having jurisdiction in the subject-matter involved, and shall have power to take, receive, purchase and hold, as security for or in payment of any loans or advances made upon real, personal or mixed property, so far as may be necessary, for the safe and convenient prosecution of the business of said bank as a bank of discount and deposit, and afterwards sell and convey such property, real, personal and mixed, and may execute and issue all such receipts, certificates, contracts, deeds and bills of sale, or other instruments, as may be necessary; and said bank shall have power to make and use, renew and alter, at pleasure, a corporate seal, and to do all acts and things necessary, or proper to carry into effect the objects and purposes of this Act, and the business of said corporation, not inconsistent with the laws of this State or of the United States. General powers. SEC. IV. Be it further enacted, That the business and corporate powers of said bank shall be exercised by a board of not less than three nor more than nine directors, to be chosen as hereinafter provided, who shall elect from their number a president; may declare by-laws for their government, not inconsistent herewith; fix the number of said directors, who shall be a quorum for the transaction of business, the day of meeting of said board and the salaries of said officers. Each of said directors shall be a citizen of this State and be owner in his own name of not less than five shares of said stock; said board shall have power to elect a vice-president and cashier and such other officers as the business of said bank may require. Directors and officers. SEC. V. Be it further enacted, That said corporation shall have power to receive money on deposit; to loan and borrow money; take and give therefor such securities as may be considered best; to purchase and discount notes and bills of exchange, stock and bonds; to make advances on cotton and other agricultural products, with loans thereon; to secure said advances by attaching bills of lading and otherwise; and to do all other acts it may be deemed advisable for the safe keeping and secure and profitable investment of its funds. Banking powers, etc. SEC. VI. Be it further enacted, That the total liabilities to said bank of any person or any company, corporation or firm

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(including in the liabilities of the company or firm the liabilities of the several members thereof) shall at no time, nor by any construction or device, exceed one-tenth part of the amount of the capital stock of said bank paid in; but the discount of bills of exchange drawn in good faith, and the discount of commercial paper actually owned by the party negotiating the same, and loans payable on demand and securities convertible in the open market shall not be considered as any portion of said liabilities; and no director, stockholder or officer of said bank shall, by virtue of such position, holding or office, be entitled to enjoy any advantage, preference or privilege in the use of the funds of said bank which might not otherwise be extended to them. Limitation upon power to lend money, etc. SEC. VII. Be it further enacted, That the directors of said bank may, semi-annually, declare a dividend of so much of the net profits as they may judge expedient, after defraying its expenses and paying its debts; but before declaring such dividend they shall carry one-tenth of its net profits of the preceding half-year to its surplus fund, until the same shall amount to twenty-five per centum of its capital stock, and in estimating the net profits of said bank no assets shall be accounted as solvent which are over six months past due and unsecured and not in process of collection; and all such insolvent debts shall be charged off before such surplus is set aside or any dividends declared. Dividends. Surplus. SEC. VIII. Be it further enacted, That the Board of Directors shall issue to each stockholder certificates of stock truly representing his or her interest, and such stock shall be bound to the company for any dues or other indebtedness by such stockholder to the company; and no stockholder, who may be indebted to said bank, either as principal, security or indorser, shall, while so indebted, sell or transfer the stock held by him or her without the consent of the president and directors of said bank, and all sales and transfers of stock in said bank must, in order to be valid, be made on the registry and transfer books of the company by the owner of the stock or his lawfully appointed attorney in fact, and the Board of Directors may close the transfer books, from time to time, as provided by their by-laws, as the convenience of the bank may require. Certificates and transfers of stock. SEC. IX. Be it further enacted, That the persons named in the first section of this Act, or any two of them, or their successors or assigns, shall be, and are, hereby appointed commissioners to open books of subscription to the capital stock of said bank, at such time and place, and keep them open for

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such length of time as they may deem proper, but for no less amount of subscription than twenty-five thousand dollars, as herebefore provided. The directors of said bank shall be elected by a majority in interest of stockholders therefor voting at said election, under the inspection of said commissioners, at such place as they may designate, within ten days from the closing of the subscription called for by them, and on the second Monday in January in every year thereafter. No election shall be valid when a majority of the whole stock paid in is not represented, and in any election for directors, and in all questions that may come before any convention of stockholders, each share of one hundred dollars shall entitle the owner to one vote. Vacancies occurring in the Board of Directors during the intervals of election may be filled by said board; and it shall be the duty of the president of said bank to prepare and lay before the stockholders thereof semi-annual statements of the business and condition of the bank, its assets and liabilities, and to make such returns to the Governor of this State as are now required by law to be made. Books of subscription. Organization. Votes of stockholders. Vacancies. Statements and returns. SEC. X. Be it further enacted, That should there be no election of directors at any annual meeting, as herein provided, the directors then in office shall continue until the next election, in which the majority of the stock shall be represented, in person or by legal proxy, and until their successors are duly elected and enter upon the discharge of their duties. The minutes of the Board of Directors shall be kept in a book provided for that purpose, and signed by the president and chairman, and these minutes shall at all times be subject to the inspection of any stockholder. Failure to elect directors at annual meeting. Minutes. SEC. XI. Be it further enacted, That after fifteen thousand dollars or more, by installments, have been paid in in lawful money of the United States, said company may organize and elect directors, and from its body elect a president; and when such organization shall have been perfected, such directors shall call in the balance of said subscription or stock, in such installments as they may deem best for the institution. Collection of stock subscriptions. SEC. XII. Be it further enacted, That in case any subscriber to the stock of the company shall fail or refuse to pay any of the assessments or calls for payment which may be made by the Board of Directors within the time required, as aforesaid, the Board of Directors may, at any time thereafter, proceed to enforce the payment of the entire indebtedness for such subscription of stock of such defaulting subscriber by bringing suit therefor in the courts of the State, city or county where said defaulting subscriber resides. Failure to pay for stock.

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SEC. XIII. Be it further enacted, That the cashier, who may be a director, shall be elected by the Board of Directors, and shall give such bond in such sum as they may require. It shall be the duty of the cashier to keep safely all moneys, notes, bonds, bills or other property committed to his care or shall come into his possession in regular course of business, and shall have power to bind the company by signing promissory notes, checks, receipts or certificates of deposit in conducting the business of the bank. Cashier. SEC. XIV. Be it further enacted, That the company shall have a printed copy of this charter placed in a frame in their office, so that all persons may see the same who wish to transact business therewith. Copy of charter to be exposed in office. SEC. XV. Be it further enacted, That in all elections stockholders may ballot by proxy as well as by themselves; that a director, when he cannot attend the meeting of directors, may empower another to vote for him on all questions that may or shall come before said Board of Directors for action in his absence. Proxies. SEC. XVI. Be it further enacted, That 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 moneys 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 upon such stockholders in such corporations 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. XVII. Be it further enacted, That this Act shall take effect immediately upon its passage, and shall continue in force for thirty years thereafter. Term of charter. SEC. XVIII. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved October 2, 1891.

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INCORPORATING THE REYNOLDS EXCHANGE BANK. No. 538. An Act to incorporate the Reynolds Exchange Bank, to confer certain powers and privileges upon the same, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That E. T. Frederick, P. B. Griffith, J. A. Adams, W. T. Powell, E. A. Goddard, F. F. Paris, and such other persons as may become associated with them, and their successors and assigns, are hereby constituted a body corporate, under the name of Reynolds Exchange Bank, and to be located at Reynolds, Taylor county, Georgia. Corporators. Corporate name and location. SEC. II. Be it further enacted, That the capital stock of said bank shall be ($25,000) twenty-five thousand dollars, said stock to be divided in shares of ($100) one hundred dollars each, with power after said twenty-five thousand dollars has been subscribed to increase the capital stock, from time to time, to any sum, not to exceed ($200,000) two hundred thousand dollars, the times and amounts of such increase to be determined by a two-thirds vote of the stockholders in convention assembled, and two-thirds' of the entire stock being voted in favor of such increase before the same can be effected. Said Reynolds Exchange Bank is hereby authorized to commence business as soon as (10 per cent.) ten per cent. of the capital stock shall have been paid in, in lawful money to the Board of Directors, who shall be authorized to call in the balance of said capital stock in such installments as may be agreed upon with the subscribers, within twenty-four months from the date of his or their said subscription. Capital stock. Beginning business, etc. SEC. III. Be it further enacted, That the persons named in the first section of this Act or any three of them are hereby appointed commissioners, with power to open books of subscriptions to said capital stock at such time and places and for such length of time as they deem best. When ($15,000) fifteen thousand dollars of stock shall have been subscribed for, and ten per cent. of the same shall have been paid in, in lawful money, said commissioners shall cause notice to be given the said subscribers requiring them to assemble at the time and place named in notice to organize said bank and elect a Board of Directors. On assembling of the subscribers they shall proceed to hold an election for a Board of Directors for said bank.

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Each stockholder shall be entitled to one vote for each share of stock owned or subscribed for by him (at this as well as at all other meetings of stockholders), and such vote must be cast in person or by written proxy, and a plurality of votes shall elect at all stockholders' meetings. The commissioners shall declare the result of said election and turn over to said board so elected all money paid on account of stock, together with the subscription books and this charter. Thereupon this bank will be organized. Books of subscription. Organization. SEC. IV. Be it further enacted, That as soon as ($15,000) fifteen thousand dollars has been subscribed and ten per cent. of the same paid in to the directors in lawful money of the United States, said company of subscribers shall become a body corporate and politic, with continued successions under the name of Reynolds Exchange Bank, and by that name shall exercise corporate power, and be competent to contract and be contracted with, sue and be sued, plead and be impleaded, in any court having jurisdiction of the subject-matter involved; and shall have power to receive, purchase and hold as security for or in payment of any loans or advances made, both real and personal, property of any description whatever, so far as may be necessary for the safe and convenient prosecution of the business of said Reynolds Exchange Bank as a bank of discount and deposit, and may execute and issue all such receipts, contracts, certificates, deeds or other instruments as may be necessary, and said Reynolds Exchange Bank shall have power to make and use, renew and alter at pleasure a corporate seal, and do all acts and things necessary or proper to carry into effect the objects and purposes of this Act, and the business of said Reynolds Exchange Bank, not inconsistent with the laws of this State or of the United States. General powers. SEC. V. Be it further enacted, That said Reynolds Exchange Bank shall have power to receive money on deposit and pay interest on the same as may be agreed upon with the depositors, not to exceed the legal rate; to lend and borrow money; to take and give therefor such securities as may be considered best; to purchase and discount notes, buy and sell bills of exchange, stocks, bonds, securities and other evidences of indebtedness; to lend money for others and charge commissions for the same, and do all acts it may deem advisable and profitable investments of funds of said bank in the exercise and enjoyment of its corporate powers. Banking powers, etc. SEC. VI. Be it further enacted, That said bank shall be authorized and empowered to make and negotiate loans to any

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party or corporation for any length of time upon improved real estate security in the State. Said loans to be secured by first mortgages or deeds, and upon all such loans it is hereby given the power to charge for expenses of investigating and abstracting titles, inspecting and reporting upon property offered as security, such lawful sum in addition to interest as may be agreed upon by the borrower and said bank corporation. Loans upon realty. Charges for investigating titles, etc. SEC. VII. Be it further enacted, That the corporate and business powers of said bank shall be vested in and exercised by a Board of Directors, who shall serve one year and until the election of their successors, except the first board shall serve until their successors shall be elected. Each board shall choose out of their own number a president, and shall have power to fill all vacancies that may occur in said board, and shall appoint such officers and clerks as they deem necessary, fix their salaries, define their duties and remove them from office whenever the interest of the bank seems to require it. They may require bond and security of any officer or clerk for the faithful performance of duty and the safety of the trusts committed to their care. Said Board of Directors shall have power to make by-laws for the management of the bank, and do all things necessary for the protection of the interest of said bank in conformity with the provisions of this Act, subject to revision or modification or repeal by the stockholders in convention assembled. Directors and officers. By-laws. SEC. VIII. Be it further enacted, That the directors shall have power to declare dividends out of the net earnings of said bank, but no dividends shall be declared until the earnings are sufficient to pay the same after deducting all expenses and losses, and after placing at least ten per cent. (10 per cent.) of the net earnings annually to a permanent surplus fund, until such surplus fund shall be equal to at least twenty per cent. (20 per cent.) of the capital stock paid in. No person shall become a director in said bank unless he shall own at least five shares of said Reynolds Exchange Bank stock, and whenever it shall become known to the Board of Directors that a director has ceased to own five shares of stock they shall declare such a person no longer a director, and shall fill such vacancy on the board. The Board of Directors shall consist of not less than five nor more than nine persons, a majority of whom shall be citizens of this State. Dividents. Surplus. Director must own at least five shares. Number of directors, etc. SEC. IX. Be it further enacted, That the annual meeting or convention of stockholders at such time and under such conditions and circumstances as may be fixed by the by-laws of the

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bank, but no act of any convention or meeting shall be valid unless a majority of the stock is represented at such meeting or convention. Annual meetings of stockholders. SEC. X. Be it further enacted, that the said Reynolds Exchange Bank shall have the right at its pleasure to open a savings department, paying such interest on deposits as may be agreed upon by said bank and the parties depositing and not in violation of the laws of this State. Savings department. SEC. XI. Be it further enacted, That married women and minors shall be competent to make deposits with said Reynolds Exchange Bank of money or otherwise. Any of their checks or receipts for same shall be sufficient discharge to said Reynolds Exchange Bank: provided , that nothing contained in this charter shall authorize a married woman to bind said deposits by any contract for suretyship for any person or by any assumption of the debts of her husband. Deposits by married women and minors. SEC. XII. Be it further enacted, That said Reynolds Exchange Bank shall have power to accept and execute any office of agent or assignee or receiver, whether the office or appointment shall be conferred by person or persons or by any court, either of the State of Georgia or the United States. The capital stock, property and assets of said bank shall be liable for the faithful management of the trusts confided to its care as agent, assignee or receiver, as aforesaid. All laws of force in this State and not contrary to the provisions of this Act concerning agents, assignees and receivers shall apply to this bank when appointed to such office. May be agent, assignee or receiver. SEC. XIII. Be it further enacted, That all subscriptions to the capital stock shall be binding upon the subscribers and upon their heirs, assigns and legal representatives, and shall be payable in such installments as the directors may require, and if any stockholder shall fail to pay any such installment, in thirty days after the same is due, his stock shall be in default, and the same shall be sold out to the highest bidder for cash on the first Tuesday in any month after falling due, before the bank office door in Reynolds, during the legal hours of sale or otherwise, upon such notice and advertisement as may be deemed best by the Board of Directors. Said stock may be bought in by and for said bank, and be reissued to some other person or party upon his or their paying the value of the same, including unpaid installments, the delinquent stockholder receiving the surplus, if any, over and above the expenses incident upon said sale, including attorney's fees, if any, and deficiency in the sum received at said sale necessary to make the

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amount due on said stock and all expenses shall be made good to said bank by said delinquent stockholder. Stock subscriptions. Failure to pay. SEC. XIV. Be it further enacted, That the stock held by any person or party shall be transferred only on the books of said bank, in person or by power of attorney, and no stockholder shall transfer his or their stock except by consent of the Board of Directors of said bank; and if he or they are indebted to the bank as principal, security or otherwise, not until such indebtedness is paid off and discharged, and for all such indebtedness said bank shall have a lien of the highest dignity upon the stock of said stockholder. Transfers of stock. Lien upon stock. SEC. XV. 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 moneys 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 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 such 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. XVI. Be it further enacted, That the president and directors of said bank shall place before the stockholders at their annual meetings a sworn statement of the business and condition of the affairs of said bank, its assets and liabilities, and to make such returns to the Governor of the State, under oath, as are now required by law for other State banks. Statements and returns. SEC. XVII. Be it further enacted, That this charter shall be of force and effect for the term of (30 years) thirty years from the date of the organization of the said Reynolds Exchange Bank. Term of charter. SEC. XVIII. Be it further enacted, That the books of said bank shall be open to inspection and investigation by any stockholder thereof at any and all times. Inspection and investigation of books by stockholders. SEC. XIX. Be it further enacted, That said bank may receive deposits in the savings department thereof from all journeymen, mechanics and day laborers, and their daily, weekly

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or monthly wages deposited shall not be subject to garnishment, except as now or hereafter may be permitted by the laws of this State. Deposits of wages. SEC. XX. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved October 5, 1891. INCORPORATING THE BANK OF STATESBORO. No. 562. An Act to incorporate the Bank of Statesboro, 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 B. T. Outland, W. H. Blitch, H. S. Blitch, D. R. Groover, R. Simmons, J. A. Brannin and J. C. Jones, and such other persons as are now or may hereafter be associated with them, be, and they are, hereby constituted a body corporate and politic, under the name of the Bank of Statesboro and under said name may sue and be sued, plead and be impleaded, in all courts and places whatsoever; may have and use a common seal with power to alter the same from time to time; and by that name shall be capable of purchasing, taking, holding and enjoying to them and their successors all property of every nature, whether real or personal, and of selling, leasing or otherwise disposing of the same, or any part thereof; and said corporation is hereby granted all such powers as are necessary for the purpose of promoting the objects of said corporation and not inconsistent with the laws of the State. Corporators. Corporate name and general powers. SEC. II. Be it further enacted, That the principal office of said Bank of Statesboro shall be located in the town of Statesboro, in the county of Bulloch in said State. Location. SEC. III. Be it further enacted, That the capital stock of said corporation shall be twenty-five thousand dollars, or five hundred shares of fifty dollars each, with the privilege of increasing the same to fifty thousand dollars, or one thousand shares of fifty dollars each; provided , that said capital stock shall only be increased after a vote by the stockholders at a meeting called by the Board of Directors for that purpose, in

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which vote at least three-fourths of the paid up capital stock (shall be represented and at least two-thirds of the said entire paid up capital stock) shall vote for such increase of capital stock. Said capital stock shall be paid in in monthly installments in such sums as may be prescribed by the Board of Directors, not to be less than two dollars, monthly, per share; and such payments shall continue until the entire stock subscribed shall be paid, any stockholder, however, being allowed to pay his entire subscribed stock at one payment. Capital stock. Payments for stock. SEC. IV. Be it further enacted, That as soon as two hundred shares shall be subscribed and the sum of $2,500 paid in on said stock, said corporation shall have the right to organize and transact business. The first meeting of said Bank of Statesboro shall be held after said $2,500 shall be ready to be paid in, after ten days' notice by publication in the newspaper published in the town of Statesboro, Georgia, given by any three of the incorporatiors, who shall also be stockholders. At said meeting and annually thereafter the stockholders shall elect of their number, seven directors, five of whom shall constitute a quorum to transact business. The Board of Directors shall elect one of their number president, and shall also elect a cashier, which officers must be stockholders in said bank, and shall perform such duties and receive such compensation as the Board of Directors may prescribe and fix. The Board of Directors shall make semi-annual reports to the stockholders, and the cashier quarterly reports to the Board of Directors. Organization. Directors and officers. Reports. SEC. V. Be it further enacted, That said Board of Directors shall have full power and authority to manage and control the business of said bank; to establish rules and by-laws for its government in all its departments; to provide for all cases of default made by any stockholder on the payment of any installment of subscribed stock; to provide for the forfeiture or transfer of stock, and generally to do and perform all things necessary to promote the objects of the corporation. Powers of directors. SEC. VI. Be it further enacted, That said Bank of Statesboro shall have the right to do a general banking business, to receive deposits, discount paper, buy and sell exchange; to acquire, hold and sell real and personal property, and in case of sale to make titles to the same in its corporate name and perform all acts usual in such cases. Said bank shall have the authority to loan money on real estate, mortgages or personal property, or such other security as the Board of Directors or its authority may approve or determine for any period that may be agreed upon by the borrower in writing, at any rate of

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interest not exceeding the highest contract rate allowed by law, and may charge such interest for the full period of the loan, and collect the same, together with the principal, without rebate or discount, by monthly installments, the borrower executing his rate draft or other written contract for such installments of principal and interest, as aforesaid; provided , that nothing contained in this section or Act shall be construed to authorize the collection of interest on any portion of the principal other than that which may actually be in the borrower's hands. Banking powers, etc. Loans and interest. SEC. VII. Be it further enacted, That said Board of Directors are hereby authorized to establish a savings department in connection with the general business of said bank, and to make all such by-laws and regulations for the government thereof as they see fit, and are not in conflict with the laws of this State. Savings department. SEC. VIII. Be it further enacted, 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 debts of said corporation to the extent of his or her unpaid shares of stock, and each stockholder shall be further and additionally individually liable, equally and ratably, and not one for 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 stockholder 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 this charter continue in force for a term of thirty years with the privilege of renewal at the expiration of said term. Term of charter. SEC. X. Be it further enacted, That the total liabilities to said bank of any person or of any company, corporation or firm (including in the liabilities of the company or firm the liabilities of the several members thereof) shall at no time nor by any construction or device exceed one-tenth part of the amount of the capital stock of said bank paid in. Limitation upon power to lend money, etc. SEC. XI. Be it further enacted, That all laws and parts of laws in conflict herewith be, and the same are, hereby repealed. Approved October 6, 1891.

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INCORPORATING THE EXCHANGE BANK OF FORSYTH. No. 566. An Act to incorporate the Exchange Bank of Forsyth. SECTION I. Be it enacted by the General Assembly of Georgia, That Richard P. Brooks, J. W. Newton, James M. Ponder, Ralph B. Stephens, D. J. Proctor, E. R. Roberts, T. B. Cabaniss and B. S. Willingham and their associates, successors and assigns, be, and they are, hereby incorporated and made a body corporate and politic under the name of the Exchange Bank of Forsyth, with power under this name to sue and be sued; to have and use a common seal; to make such by-laws and regulations as they may deem necessary for the government of its officers or conducting its business not contradictory, to this charter or the laws of Georgia; to acquire and hold any property, real or personal, or choses in action by purchase, donation or in satisfaction of any claim or debt that may be due said corporation, and to control the same or dispose of it as in the opinion of the Board of Directors may be best for the interest of the bank; to receive, acquire, use, own, hold property of any description as collatera or security any money loaned or advanced by it, or in satisfaction thereof; and to convey, sell, rent, lease or otherwise dispose of any property that it may acquire in any way in which a natural person might dispose of similar property; to appoint or remove any officer of said bank whenever a majority of the Board of Directors may think it to the interest of the bank to do so, and do all things necessary or convenient to properly carrying out this Act; and to exercise in general all the privileges necessary or incident to the transaction of a banking business. Said corporation shall be located at Forsyth, Monroe county, Georgia. Corporators. Corporate name and general powers. SEC. II. Be it further enacted, That the capital of said corporation shall be two hundred thousand dollars, divided into shares of one hundred dollars each, with the privilege of increasing to five hundred thousand dollars, but no increase of stock shall be made unless ratified in writing by at least a majority of the stock. Said corporation shall have authority to commence business as soon as $50,000 of the capital stock is subscribed and twenty thousand dollars actually paid in. The stockholders, or any one of them, may call a meeting of all the persons who have subscribed to the capital stock of said bank, to assemble at a time and place to be designated in a written

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or printed notice, a copy of which shall be sent to each stockholder, at which meeting an election shall be held for a Board of Directors under the supervision of said stockholders, at which meeting each stockholder shall be entitled to one vote for each share of the stock owned by him. The five persons receiving the highest number of votes shall be declared elected and shall constitute the Board of Directors, who shall hold their office until their successors are elected and notified. Capital stock. Beginning business. Organization. SEC. III. Be it further enacted, That the time and place of holding meetings of the shareholders shall be fixed by the laws of the corporation, but their actions shall not be binding unless a majority of the stock is represented, and that at said meeting the Board of Directors shall make or cause to be made a full and complete statement of the business of said bank at any time a majority of the stock may require. Stockholders' meetings. Statements of business. SEC. IV. Be it further enacted, That the business and corporate powers of said corporation, the Exchange Bank of Forsyth, shall be vested in a board of five directors, to be elected annually by the stockholders of said corporation, but no person shall be a director who is not a stockholder in said bank. Said Board of Directors shall elect from their number a president and a vice-president, and shall have power to appoint a cashier, book-keeper, teller, attorney and any other officers as in their discretion may seem best; to fix the salary of all officers or employees of the bank, or to remove them whenever a majority of the Board of Directors think it to the interest of the institution to do so. The directors shall keep a minute of all their proceedings, and same shall be open at all times to the inspection of the stockholders in said bank. All stockholders shall be allowed one vote for each share of stock he holds, and same may be voted in person or by proxy duly appointed in writing. Executors or administrators may vote the stock belonging to the estate they represent. The stock of minors shall be represented or controlled by their guardian. All votes shall be by ballot. A majority of the Board of Directors shall constitute a quorum for the transaction of all business, which board may have power to enact all by-laws and rules which they may deem necessary to the proper management of the bank; may repeal or annual any rule already adopted, fill vacancies in their number; may confer upon the president and other officers such powers as they may see fit, and to do any and everything they may think to the interest of the bank. Directors and officers. Minutes. Votes of stockholders. Quorum of directors. By-laws, etc. SEC. V. Be it enacted, That certificates of stock shall be issued to the stockholders of the manner and form prescribed

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by the Board of Directors. All transfers shall be made in writing and recorded in a book kept for that purpose. Certificates and transfers of stock. SEC. VI. Be it enacted, That said corporation, the Exchange Bank of Forsyth, shall have authority to receive money on deposit and to issue certificates of deposit therefor on lawful terms agreed upon; to lend and to borrow money and to make and give such securities as may be agreed on; to lend money on real or personal property or both; to invest its funds in such manner and property as may seem best, and to transfer its property at pleasure; to receive valuables and other articles of personal property, including certificates of stock, choses in action, securities and other evidences of the same or of titles thereto, on deposit or for safe keeping, from any person or persons, as well as from executors, administrators, guardians, receivers, corporations, public or private officers and all fiduciaries, charging and receiving therefor as commission such sums as may be agreed on; to receive deposits of money for investment purposes and charge therefor; to buy, sell and negotiate for themselves or others stocks, bonds, bills of exchange, promissory notes, rents, mortgages, deeds, choses in action, securities in real or personal property; to make or negotiate loans for others for any length of time upon real or personal property, and to secure the same by deed or mortgage to said real or personal property, or otherwise; and for all such loans said corporation, the Exchange Bank of Forsyth, shall have authority and power to charge and collect therefor, for expenses incurred or services rendered or procured to be rendered in examining the property advanced upon, and in making in vestigations and abstracts of titles thereto, and for inspection or reporting upon the property offered as security. Banking powers, etc. Safety deposits. Deposits for investment. Purchase sale, etc of stocks, bonds, etc. Negotiation of loans. SEC. VII. 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 stockholders 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 stockholder 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 ,

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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. VIII. Be it further enacted, That this charter shall be in force for a term of thirty years. Term of charter. SEC. IX. Be it enacted, That all laws and parts of laws in conflict herewith are hereby repealed. Approved October 6, 1891. INCORPORATING THE ECONOMICAL BANKING COMPANY. No. 596. An Act to incorporate the Economical Banking Company, and for other purposes. SECTION I. The General Assembly of Georgia hereby enacts, That Hooper Alexander, W. W. Lambdin and Fitzhugh Knox of said State, their associates, successors and assigns, are hereby constituted and declared to be a body corporate for a term of thirty (30) years, with the privilege of renewal, under the name of The Economical Banking Company, with power under this name to contract and be contracted with and to exercise all the rights and privileges belonging to such corporations under the law, and particularly those set forth in section 1679 of the Code (1882) of this State, and the place of business of said company shall be in Atlanta, Georgia. Corporators. Corporate name and general powers. SEC. II. Be it further enacted, That the capital stock of said corporation shall be one hundred thousand dollars, divided into one thousand shares of one hundred dollars each, with the privilege of increasing the same at any time to any amount, not exceeding five hundred thousand dollars, the incorporators being hereby authorized to open books of subscription for said stock. The stockholders shall pay for the stock subscribed for by monthly installments (in such terms as shall be determined by the Board of Directors) of not less than one dollar nor more than two and one-half dollars per share, such payment to continue until the amount paid in shall be one hundred dollars pershare; provided , any stockholder shall have the right to pay the entire amount subscribed at any time upon such terms as to discount as may be allowed in the discretion of the directors. Capital stock. Payments for stock.

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SEC. III. Be it further enacted, That as soon as five hundred shares are subscribed for, and the sum of twelve hundred and fifty dollars paid in on said stock, the corporation shall have the right to organize and transact business. At the first meeting of the stockholders, to be called by said incorporators, a board of seven directors shall be elected from the stockholders, to hold the office till their successors are elected and qualified, a majority of whom, shall constitute a quorum. Said Board of Directors shall have authority to manage the business of the corporation, to declare dividends when earned, to elect all officers of the corporation, to provide for the sale or forfeiture of any stock by reason of default in paying the installments aforesaid thereon; provided , that when any stock is sold or forfeited for default in paying installments, the excess remaining after payment of all expenses and costs of forfeiture, due by the owner of such stock, shall be paid back to such defaulter; and to do such other things as shall be delegated to them by the by-laws of said corporation. Organization. Directors and officers. Forfeiture of stock, etc. SEC. IV. Be it further enacted, That said corporation shall have power to lend money at any rate of interest that may be agreed upon in writing, not in excess of the highest contract rate fixed by the law, and to take as security therefor real estate, personal property, stocks, bonds or any other security or thing of value. It may make loans for any time agreed on and charge interest for the whole time and include the same in the note or notes or other security given therefor, and collect the same by monthly installments, or otherwise, without any rebate of interest thereon if the debtor shall so agree. Loan and interest. SEC. V. Be it further enacted, That said corporation shall have power and authority to do a general banking business; to borrow and lend money on such terms as to security as may be agreed on; to discount commercial paper; to buy and sell exchange; to make collections; to borrow money and secure the same by deed or mortgage, or pledging its securieties or assets in any legitimate way; to acquire and hold real and personal property and to mortgate, sell and convey the same in its discretion, with covenants of general or special warranty, and to perform all acts usual in such cases; to invest its funds in real estate and collect the rents and profits thereof; to receive deposits with or without liability for interest, and if money is deposited by any minor or trustee, the check or receipt therefor by such minor or trustee shall be a full and sufficient discharge to said corporation for such deposit as against all persons whomsoever. Banking powers, etc. Deposits by minors or trustees.

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SEC. VI. 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, 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 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 corporations 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 debtsof corporation. SEC. VII. Be it further enacted, That said corporation may for any consideration agreed upon negotiate and effect loans between any parties and upon any security, real or personal; it may receive and invest the money of any parties, or it may sell, negotiate or place in behalf of any company, person, or corporation, any stocks, notes, mortgages or other security, and it may as principal, agent or trustee take the title to or any interest in any property, real or personal, for the purpose of raising or negotiating loans thereon; and it shall have power to guarantee the title to any real or personal property, and the payment of any bonds, notes, mortgages or other securities or evidence of indebtedness, whether the same be loans negotiated by said company, or of any other nature. Negotiation of loans, etc. Guaranty. SEC. VIII. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved October 9, 1891.

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INCORPORATING THE MERCANTILE BANK. No. 610. An Act to incorporate the Mercantile Bank. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That Jas. T. Orme, Daniel Grant, Peter G. Grant of said State, their associates and successors, are hereby constituted and directed to be a body politic under the name of the Mercantile Bank, with power under this name to sue and be sued, and with all other powers enumerated in section 1679 of the Code of Georgia, published in the year 1882. The principal office of said corporation shall be located in Atlanta, Georgia, and said bank is hereby incorporated for a period of thirty years from its organization. Corporators. Corporate name and general powers. Location. Terms of [Illegible Text] SEC. II. Be it further enacted, That the capital stock of said corporation shall be fifty thousand dollars divided into five hundred shares of one hundred dollars each, with the privilege of increasing the same at any time to an amount net exceeding two hundred and fifty thousand dollars; and the incorporators, or a majority of them, are hereby authorized and empowered to open books of subscription to said unpaid stock, and to organize and commence business when five hundred shares shall have been subscribed, and the sum of five thousand dollars paid in on said stock; provided further , that said corporation shall not have the right to receive deposits as a bank till the sum of five thousand dollars of the capital stock shall have been paid in; and provided further , that unless five thousand dollars of its capital stock shall have been paid in before the expiration of three years from the passage of this bill, this charter shall be void and of no effect. Capital stock. Books of subscription. Beginning business, etc. SEC. III. Be it further enacted, That at the first meeting of the stockholders called by a majority of the corporators, a Board of Directors, not less than five nor more than thirteen, as may be agreed on by the stockholders, shall be elected from among the stockholders, to hold office for the period of one year, and until their successors are elected and qualified. A majority of the number of directors agreed on shall constitute a quorum for the transaction of business. Said Board of Directors shall have power generally to manage the business of the corporation, elect and appoint all such officers as they may deem necessary; fix their compensation, fill vacancies occurring

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

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for the purpose of being invested, in such sums and at such times, and on such terms as the Board of Directors may agree upon, and which shall be repaid to such depositors at such times, with such interest, not exceeding the lawful rate, and under such regulations as may be fixed by such board; and if money is deposited by any minor, either as an investment or otherwise, such money may be withdrawn by such minor without the consent of the parent or guardian of such minor, and his or her check or receipt therefor shall be as binding upon such minor as though he or she were of full age. Deposits for investment. Deposits by minors. SEC. VII. Be it further enacted, That said company shall have the right to act as agent, factor or trustee for any State, county, town, municipality, corporation, company or individual, on such terms as to agency or commission as may be agreed on in registering, selling and countersigning, collecting, acquiring, holding, dealing and disposing of on account of such State, county, town, municipality, corporation, company or person, bonds, certificates of stock or any description of property, real or personal, or for guaranteeing the payment of such bonds, certificates of stock, and so forth, and generally for managing such business, and may charge such premiums, commissions or rate of compensation as may be agreed on in and for any of the matters and things authorized by this charter. [Illegible Text] [Illegible Text] trustee, etc. SEC. VIII. Be it further enacted, That said corporation shall have power to receive money in trust, and shall have power to accept and execute any trust that may be committed to it by any court, corporation, company, person or persons, and it shall have power to accept any grant, assignment, transfer, devise or bequest, and to hold any real or personal estate, or trust created in accordance with the laws of this State, and to execute the same on such terms as may be agreed upon by its Board of Directors; provided, however , said bank shall, before assuming the duties of such trustee, give bond and security, as is now and may be hereafter required by law of all other trustees; and said corporation is fully authorized and empowered to act as trustees or assignees, and to receive on deposit all funds in litigation in the various courts in this State, and pay therefor such interest as may be agreed upon, not exceeding the lawful rate. It shall have power and authority to receive for safe keeping or deposit all money, bonds, stocks, diamonds and silver plate and other valuables, and charge and collect a reasonable compensation for the same, which said charge shall be a lien on the deposit until paid; and generally to do and carry on a business of a safety deposit and trust company. Trusts. Safety deposits.

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SEC. IX. Be it further enacted, That said corporation, after five thousand dollars shall have been paid in on its capital stock, shall have authority to accept the office and appointment of executor of the last will and testament of any person, and of guardian when appointed as such by will, but not otherwise, and the Ordinaries of this State are authorized to grant letters testamentary to said corporation when it is appointed executor of any will. Said corporation shall have power to accept and execute the office of agent, assignee, receiver or trustee of any kind whatsoever, whether said office or appointment shall be conferred by any person or persons, or by any court, either of the United States or of this State. The capital stock, assets and property of the corporation shall be absolutely liable for the faithful management of the trusts as confided to its care as executor, guardian, trustee, agent, assignee or receiver as aforesaid; provided , said corporation shall have power to act as administrator of any deceased person's estate on the same terms and conditions of natural persons, but nothing in this Act shall be so construed as to give said corporation the right or power to act as trustee, executor, administrator or guardian or assignee without first executing a bond for the faithful performance of said trust as and in the same manner as is now or may be hereafter required by law of natural persons. May be executor, guardian, assignee, receiver, etc. Bonds. SEC. X. Be it further enacted, That said company shall have and are hereby given the right to carry on the business of guarantee, insurance, and to insure and guarantee the payment of any dividends, bonds, notes, undertakings, mortgages or other securities or evidences of indebtedness, or the interest thereon, of any person, partnership or corporation, for any price and on any consideration agreed on. Guaranty insurance. SEC. XI. Be it further enacted, That the officers of said corporation shall consist of a president and as many vice-presidents as shall be agreed on; a cashier and as many assistant cashiers as shall be agreed on, and a general counsellor, who shall be elected at such times and shall hold their respective offices for such terms or times as may be fixed by the by-laws, and until their successors are elected and qualified. The stockholders may, in their discretion, vest in the Board of Directors the power to make, alter and amend said by-laws. The by-laws shall fix the duties of the various officers, including the vice-presidents and assistant cashiers. Officers. By-laws. SEC. XII. Be it further enacted, That the stock held by any one shall be transferred only on the books of the corporation,

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either in person or by power of attorney, and no stockholder shall transfer his stock except by the consent of the directors of the corporation, if he is indebted to the corporation as principal, security or otherwise, until such indebtedness is paid off and discharged, and for all such indebtedness said corporation shall have a lien superior to all other liens on the stock of the stockholder. Transfers of stock. SEC. XIII. 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 debts of said corporation to the extent of his or her unpaid shares of stock, and each 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 stockholder 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. XIV. 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 10, 1891. INCORPORATING THE BANK OF TIFTON. No. 620. An Act to incorporate the Bank of Tifton, to confer certain powers thereon, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by said authority, That H. H. Tift, W. O. Tift, W. H. Love, E. P. Bowen and W. W. Timmons, of the county of Berrien and State of Georgia, and such other persons as may hereafter be associated with them, and their successors and assigns, are

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hereby constituted a body corporate under the name of The Bank of Tifton, to be located in the city of Tifton, in the county of Berrien, State of Georgia, and by such corporate name shall be competent in law to contract and be contracted with; to sue and be sued; implead and be impleaded in any court having jurisdiction over the subject-matter involved, and to receive, purchase and hold property of all descriptions, and alien, convey, mortgage and otherwise dispose of the same in any manner that a natural person might lawfully dispose of similar property; that said corporation shall have power to make, use, alter and renew at its own discretion a corporate seal, and make rules, regulations and by-laws, not inconsistent with the laws of this State or of the United States, and to do all the acts and things necessary to carry out the objects and purposes of this Act, and to exercise in general all the powers incident and proper to such corporations, for the transaction of the business for which it is incorporated. The place of business and principal office of said bank shall be in the city of Tifton, county of Berrien, State of Georgia, with privilege of establishing agencies or branch banks for the transaction of business anywhere within this State. Corporators. Corporate name, location and general powers. Principal and branch offices. SEC. II. Be it, and it is, hereby enacted, That the capital stock of said bank shall be the sum of $50,000.00, to be divided into shares of $100.00 each, and it shall have the power, after said stock shall have all been paid in, to increase its capitel stock, from time to time, to any sum not exceeding $150,000.00 whenever it may be deemed necessary by the stockholders in meeting assembled, two-thirds of the entire stock being voted in favor of such increase before the same shall be effected. Said corporation is authorized to commence business so soon as forty (40) per centum of its capital stock, or $20,000.00 (twenty thousand), shall have been paid in, and the Board of Directors shall have power to call for the balance of said capital stock at such times and in such amounts and installments as in the judgment of said directors it shall be necessary. Capital stock. Beginning business. SEC. III. Be it, and it is, hereby further enacted, That the business and corporate powers of said bank shall be carried on and exercised by a board of not less than (5) five nor more than (7) seven directors, to be chosen as hereinafter provided, who shall elect from their number a president and vice-president and such other officers as may be necessary to the carrying on of the business of said corporation; they may make by-laws for their government, not inconsistent herewith; fix the number of directors who shall be a quorum for the transaction of business and the dates of the meetings

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of said board and the salaries of its officers. A majority of said directors shall be citizens of said State, and each director shall be the owner in his own name of not less than ten shares of said capital stock, and no director shall hypothecate or pledge said minimum of ten shares of stock for any loan or debt so long as he shall continue a director; and said board shall have power to elect a cashier and all other officers as the interest and business of said bank may require, as aforesaid. Said directors, from the date of their election, shall serve for the term of one year and until their successors shall be elected. Directors and officers. SEC. IV. Be it, and it is, hereby further enacted, That the persons named in the first section of this Act, or any three of them who shall be elected by said persons or a majority of them, shall cause a notice to be given to the subscribers of the stock of said bank, personally or by mail, requiring said subscribers and stockholders to assemble at a time and place to be designated by them to organize this corporation and elect a Board of Directors. Upon the assembling of the aforesaid subscribers, who are hereby authorized to appear by written proxy, they shall proceed to hold an election for the first Board of Directors which shall consist of such members as said subscribers may determine, not less than five nor more than seven, under the supervision of said persons named in the first section of this Act, or a majority of them, who shall declare the result of said election and turn over to the Board of Directors so elected the moneys subscribed on account of said stock, the charter and subscription list, and thereupon this corporation shall be organized. All subscriptions to the capital stock shall be binding on the subscribers and upon their heirs, assigns and legal representatives, and shall be payable at such times and in such installments as the directors may require, said directors giving at least one notice personally or by mail ten days prior to the date of the payment of said installment. If any stockholder shall fail to pay any installment so called for thirty days after the time so designated, his stock shall be in default, and the Board of Directors may cause his stock to be sold out to the highest and best bidder, for cash, on the day and in the manner now provided for by law for legal sales in this State, and said stock may be bought in by and for said corporation and be reissued to some other subscriber upon his paying for the value of the same, including the amount of the call, the said delinquent stockholder receiving the surplus, if any, which said defaulted stock shall bring at said sale over and above the expenses incident upon said sale, the advertising charges, the attorney fees, if

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any, and all of said expense shall be made good to said corporation by such delinquent stockholder. A new certificate of stock shall be issued to the purchaser and he shall stand in the same relation to said corporation as the original subscriber would have been had he not so made default. Each stockholder shall be entitled to one vote for each share of stock standing in his or her name. In all elections for directors, including the organization meeting, or at any meeting of the stockholders, such vote may be given in person or by proxy duly appointed in writing. All votes shall be by ballot, and at any election, including the organization meeting, a plurality of votes shall elect. In addition to fixing the salaries the Board of Directors shall have power to define the duties of all officers and clerks and remove them when it seems to said board proper to do so, requiring each of said officers, clerks and agents to give such bond and security for the faithful discharge of their trusts and duties as may be deemed necessary by said board. Said Board of Directors shall have power to declare dividends out of the earnings of said bank; provided , that no dividend shall be declared until the earnings are sufficient to pay the same after deducting all expenses and losses and after placing at least ten per cent. of said net earnings annually in a permanent surplus fund until such surplus shall be equal to twenty per cent. of the capital paid in. Certificates of stock shall be issued to the stockholders in such form and transferred in such manner as the directors may prescribe, but no transfer or assignment of shares shall operate to release any stockholder from any obligations to the corporation without the consent of the board. The regular annual meeting of the stockholders for the election of directors shall be held at the office of said bank in the city of Tifton on the second Tuesday in January of each year, but if no election be held on that day it may be held at any subsequent time selected by the Board of Directors, notice for one week, in all cases of elections held after regular meeting day, having been given in a newspaper published in Tifton or by written notice to each stockholder; and if said Board of Directors shall fail to call a meeting within thirty days from said second Tuesday in January for the said election, as above stated, then the stockholders representing two-thirds of the shares of stock of the said corporation may do so on the some notice as above provided for. Organization. Subscriptions to stock. Failure to pay for stock. Votes of stockholders. Directors to define duties of officers, etc. Dividends. Surplus. Certificates and transfers of stock. Election of directors. SEC. V. Be it, and it is, hereby enacted, That any stockholders of said corporation who shall own or represent at the time one-fourth of the capital stock, may, by giving fifteen days' notice in a newspaper published in the city

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of Tifton, or by written notice, and by notifying each non-resident stockholder by mail, call a meeting of all the stockholders of said corporation at such time and place in said city as may be designated, but no act of the stockholders in such meeting, except the election of directors shall be valid or binding on the corporation unless a majority in value of the stockholders shall be represented; but nothing herein shall prevent the Board of Directors from calling a meeting of the stockholders whenever said board may deem it proper or necessary. Called meetings of stockholders. SEC. VI. Be it, and it is, hereby further enacted, That said bank shall have power and authority to receive money on deposit, and to issue certificates of deposit on any terms agreed on; to lend and borrow money; to take and give therefor such securities as may be considered best; to make advances on real and personal property, or both; to invest its funds in such manner and upon such terms as it may be deemed best; and to transfer its property at pleasure; to receive valuables or other articles of personal property, including certificates of stock and securities, or other evidences of the same or titles thereto, on deposit for safe keeping, from any person or persons, as well as from executors, administrators, guardians, receivers, trustees, public and private officers, and all other fiduciaries, said corporation charging and receiving therefor such sums of money as may be agreed upon; to deal in precious metals, foreign and domestic exchange; buy, sell, discount or collect promissory notes, bills of exchange, bills of lading, contracts, claims, receipts, rents, choses in action of any kind whatever, mortgages, bonds, stocks, securities, and evidences of debt generally; to buy, sell, rent, improve, mortgage, lease, manage, or otherwise have, hold, operate in or control any real or personal property in this or any other State or territory of the United States; to receive deposits of money for investment purposes on terms agreed on, and to issue receipts or certificates therefor; to negotiate, buy or sell for others, stocks, bonds, bills of exchange, promissory notes, rents, mortgages, choses in action, and securities and personality of all kinds, and real estate in this or any other State or territory in the United States; to advance and loan money on the same, and to negotiate advances and loans on the same, and invest funds for others generally upon such terms and conditions as may be agreed upon by and between said corporation and those with whom it may deal to receive from persons or corporations mortgages or deed conveying property, real or personal, in trust to said corporation; securing negotiable notes or bonds, with or without

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coupons, not bearing a greater rate of interest than the highest contract rate fixed by the law of this State, upon such terms, and subject to such powers, conditions and limitations as may be agreed on, or be required by the by-laws or the Board of Directors of said corporation, and not in conflict with the laws of this State, and which terms, powers, limitations and conditions shall be made and subscribed by the persons or corporations so executing and delivering such mortgages or deeds in trust, and to sell or negotiate such notes or bonds so secured, or allow them to be sold or negotiated by such persons or corporations so executing and delivering same, on such terms as may be agreed upon; to execute and issue its own debenture bonds or other evidences of debt, bearing interest not exceeding the highest contract rate allowed by the laws of Georgia, singularly or in series or classes of any denomination, properly secured, upon property placed with said corporation for said purposes, or upon property owned or held by it; to execute and to issue demands, receive and enforce all such receipts, certificates, contracts, bonds or other instruments or writings as may be for the transaction of its business; to receive savings necessary on deposit, under such requirements and regulations as may be prescribed by the Board of Directors, not inconsistent with the laws of this State, or of the United States, paying therefor such interest as may be agreed upon; to do a general banking, exchange, savings bank, loan and trust company business, and to do a general banking business, and all acts that may be considered by it advisable and best for carrying on the same. Banking powers, etc. SEC. VII. Be it, and it is, hereby further enacted, That the total liabilities to said bank of any person or of any company, corporation or firm (including the liabilities of the several members thereof) shall at no time nor by any contrivance or device, exceed one-tenth part of the amount of the capital stock of said bank paid in; but the discount of bills of exchange drawn in good faith, and the discount of commercial paper actually owned by the party negotiating the same, securities convertible in the open market, shall not be considered as any portion of said liabilities, and no directors, stockholder or owner of said bank, shall, by virtue of such position, holding of office, be entitled to or enjoy any advantage preference or privilege in the use of the funds of said bank which might not otherwise be extended to them. Limitation upon power to lend money. SEC. VIII. Be it, and it is, hereby further enacted, That said corporation shall have the first lien upon the stock or shares of each stockholder, for any indebtedness that the

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stockholder may owe or be liable for to the corporation, whether by overdraft, note, acceptance, indorsement, security or otherwise, but it shall make no loan or discount on the security of its own capital stock, and it shall have the first lien on any property, valuables and papers of every sort left or deposited with it by any depositor for any sum that such depositor may in any way, be liable to it for, either in the first or second instance, which liens hereby created shall be superior to all other liens except taxes. Lien upon stock for indebtedness to corporation. Lien upon safety deposits. SEC. IX. Be it further enacted, That said corporation shall have the power to act as fiscal agent for the State of Georgia or for any other State, or for any country, city, town, corporation or municipality whatsoever, for negotiating, issuing registering, selling and countersigning bonds, certificates of stock or other obligations, and for paying bonds, coupons, certificates of stock or other obligations, and generally for managing such business for such corporation as may be agreed upon. Fiscal agent. SEC. X. Be it further enacted, That married women and minors shall be competent to make deposits with said corporation, of money or other things of value, and their checks or receipts for the same shall be a sufficient discharge to said corporation; and any contract made by them with said corporation in the course of business with said corporation, as to said deposits, shall be valid and binding in law, and such deposits shall not be subject to the claim, control or debts of the husbands, respectively, of such married women, the parents or guardians, respectively, of such minors. Deposits by married women and minors. SEC. XI. Be it further enacted, 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 debts of said corporation to the extent of his or her unpaid shares of stock, and each 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 stockholder shall not prevent depositors from having equal rank with all other creditors upon the capital, property and assets of said bank; that the powers, franchises and privileges granted this corporation

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in this Act shall not be repealed or changed so as to affect its powers faithfully to execute and carry out any trust held by or contracts entered into by said corporation, or so as to injure any interest committed to its care and management, without the consent of all the stockholders, creditors and persons interested. Liability of corporation and stockholders for debts of corporation. Powers, etc., not to be changed so as to injure interests committed to corporation, etc. SEC. XII. Be it further enacted by the authority aforesaid, That said corporation shall have a printed copy of this charter placed in a frame in their office, so that all persons may see the same who wish to transact business therewith. Copy of charter to be exposed in office. SEC. XIII. Be it further enacted, That this charter shall be of force and effect for and during the term of (30) thirty years from the date of the organization of said corporation. Term of charter. SEC. XIV. 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. INCORPORATING THE EMPIRE STATE BANK. No. 621. An Act to incorporate the Empire State Bank. SECTION I. Be it enacted by the General Assembly of Georgia, That J. R. Tolleson, M. A. Cason, P. A. Cason, of said State, and E. S. Tinsley, of South Carolina, their associates and successors be, and they are, hereby declared to be a body corporate, under the name of Empire State Bank, and by such name said corporation shall be incorporated for the term of thirty years, and is empowered to sue and be sued, plead and be impleaded, contract and be contracted with, to have and use a common seal, and at pleasure to alter the same; to make, alter, establish and amend such by-laws, rules of government and regulations as may be necessary or desirable for carrying out the purpose, intent and design of such organization; provided , such rules are not in conflict with the laws of this State or of the United States, and to do and perform each and every act requisite, necessary or expedient to carry on the business of said company as completely as the same could be done by an individual citizen of this State. Corporators. Corporate name and general powers. SEC. II. Be it further enacted, That the principal place of business of said corporation shall be in the city of

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Atlanta, but it may establish branches or agencies at any other place in said State, or elsewhere, as the Board of Directors may deem fit and proper. Principal and branch offices. SEC. III. Be it further enacted, That said corporation shall have the right to do a general banking business, make loans and discounts, buy and sell exchange, and to lend its own or its depositors, funds, to obtain and procure loans of money for any person, company or partnership, or corporation, and to do all things necessary, desirable or incidental towards mediating between borrower and lender, either with or without guarantee, indorsement or liability on the part of said corporation, and to charge for such service such a commission as may be agreed upon between the borrower and said corporation; to lend and borrow money upon its own account, and to take and execute securities by way of pledge, mortgage, or other conveyance or lien; to secure or collect any loan or the interest thereof negotiated or effected by it; to invest its money or the money of others, and to carry on the business of guaranty insurance; to guaranty or insure the title to any real estate or personal property (except fire and life insurance); to guarantee the payment of any bonds, notes, mortgages, undertakings or other securities or evidences of indebtedness, whether the same be loans negotiated by said company or by others, and to guarantee any other character or evidences of indebtedness of any person, partnership, company or corporation, municipal or private. Banking powers,etc. SEC. IV. Be it further enacted, That said corporation may receive on deposit all sums of money which may be offered, and may lend and invest the same for its benefit at such times and on such terms as it shall see proper, which said sums shall be repaid to such depositors at such time and with such interest, not exceeding the lawful rate, and under such regulations as the Board of Dirctors shall, from time to time, prescribe, or in such other manner as may be agreed upon; and, if money is deposited by a minor, such money may be withdrawn by the minor without the consent of his or her parents or guardian, and his or her check or receipt therefor shall be as binding, as though such minor were of full age. That such corporation shall have the power to buy, sell, discount and collect bonds, stocks, securities, notes, bills and other choses in action; to lend money on real and personal property, or such other security as it may see fit, at any rate of interest agreed on, not in excess of the highest contract rate allowed by law, and for any time agreed on, and may charge interest for the full time and include the same in a note or notes or other evidences of debt given therefor, and collect the same by

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monthly or other installments, if the debtor shall so agree, without any rebate of interest thereon, and in such cases the laws applicable to loans made by building and loan associations are hereby made applicable; and to secure any and all such loans, advances or other debts due or owing to it, said corporation is authorized to take such mortgage, deed of trust, conveyances, pledge or other security as it may see proper. Deposits on interest. Deposits by minors. Purchase, sale, etc., of stock, bonds etc. Loans and interest. SEC. V. Be it further enacted, That said corporation may lend its own or the money of others upon any real estate or personal security by way of mortgage, deed, pledge, execution or other lien of conveyance, and sell and transfer all such securities to any person, company, partnership or corporation, with or without guaranty or collateral liability; may subscribe to, purchase, acquire or lend money in or upon any stock, shares, bonds, notes, debentures or other securities of any government, State, municipality, corporation, company, partnership or individual, and may hold, deal in or sell the same, or distribute such securities among the shareholders of the corporation; to negotiate or place in behalf of companies, partnerships, corporations or individuals all or any part of such shares, bonds, stocks or debentures, notes, mortgages or other securities for an agreed compensation, with or without guaranty or collateral obligations by this corporation; to sell or subscribe any of the property, real or personal, or any interest therein acquired by it, to any other corporation, company or individual for money, bonds, securities, obligations or capital stock as may be agreed upon, without liability on any stock or security so purchased or subscribed beyond the agreed terms of said purchase or subscription. Loans upon property by way of mortgage, pledge, etc. Sale and transfer of securities. Purchase, acquisition etc., of stock, bonds, etc. Negotiation of bonds, stocks, etc. SEC. VI. Be it further enacted, That said corporation shall have the right to make, issue and sell its own general or special debentures, bonds or other obligations upon such terms and in such amount as may be deemed advisable, based on the security of property owned or held by said company, and secured by such trust-deeds, mortgages or other conveyances, general or special, as may be necessary; to invest or lend the proceeds of such bonds in or upon real estate or personal property; to apply the same to the redemption of prior bonds; to buy, sell, own, rent, lease or deal in any real or personal property; to improve any real estate owned by it by erecting buildings, machinery or other appliances for increasing the value thereof, and do all things necessary and lawful to render the property of said corporation remunerative and profitable. Said bonds may bear any rate of interest not prohibited by the laws of the State in

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which the property on which they are based is situated; and said corporation may limit its liability upon its own or the bonds or obligation of any other corporation, partnership, company or individual, indorsed or guaranteed by it by express stipulation on the face or in the indorsement or guaranty thereof. Debentures etc. SEC. VII. Be it further enacted, That said corporation shall have the power to receive money in trust, and to accept and execute any and all trusts that may be committed to it by any court, corporation, company or individual, and to accept any grant, consignment, transfer, devise or bequest, and to hold in trust any real or personal property or trust created in accordance with the laws of this State, or any other State, and to execute the same upon such terms as may be established and agreed upon by its Board of Directors. Said corporation is hereby fully authorized to act as agent, receiver, assignee and trustee of every kind whatsoever, whether said office or appointment shall be conferred by any person or persons, or by any corporation, public or private, or by any courts of any State, or of the United States; to receive on deposit all funds in litigation in the various courts of this State, and to pay therefor such interest as may be agreed upon, not exceeding the lawful rate; to receive for safe keeping or on deposit money, bonds, stocks, diamonds, gold, silver, plate, or any other valuables, and charge and collect a reasonable compensation for same, which charge shall be a lien upon such deposit until paid; and generally to do and carry on the business and safe deposit of a trust company. Said company shall have power to accept and execute the office and appointment of administrator of any estate, or executor of the last will and testament of any person, and of guardian of any minor or person under disability, and the Ordinaries of this State are authorized to grant letters testamentary or of administration and guardianship to said company when so appointed; provided , bond and security shall first be given in terms of the law. Trusts. May be agents, receiver, trustee, etc. Safety deposits. Administrator, executor or guardian. SEC. VIII. Be it further enacted, That said corporation shall have the power to act as fiscal agent for any State, or for any county, city and town, corporation or municipality whatsoever, for negotiating, issuing, registering and counter-signing bonds, certificates of stock or other obligations, or for guaranteeing the payment of such bonds, certificates, obligations or the interest thereon; to lend its credit to any person, corporation, company or partnership, and, generally, to manage all such business for such compensation as may be agreed upon. Fiscal agent. SEC. IX. Be it further enacted, That the capital stock of said corporation shall be $25,000.00, divided into two hundred

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and fifty shares of the par value of $100.00 per share; but said capital stock may be increased, from time to time, by a majority of the Board of Directors to any amount not exceeding $5,000,000. Stockholders of said corporation shall be liable to the amount of the unpaid subscription, and shall be liable for all installments or assessments called for by the Board of Directors as provided for in the by-laws, until said subscription shall be fully paid up; and if any installment or assessment on the stock of said corporation called for is not paid when due, such stock shall be subject to forfeiture, sale or transfer, and the by-laws of said corporation shall provide for the manner of the same; said stock shall be transferable only on the books of the corporation in person, or by attorney duly authorized in writing, but no transfer or assignment of any stock shall be valid or operate to release it from the liens which is hereby given said corporation thereon for any and all indebtedness to it by the holder thereof till all such indebtedness is paid; such lien may be enforced as may be provided by the by-law. Said corporation may begin business whenever stock to the amount of $25,000.00 shall have been subscribed and ten per cent. thereof paid in; provided , that no deposit shall be received until $10,000.00 shall have been paid in, and that whenever said corporation shall begin a general banking business, 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 each stockholder shall be further and additionally individually liable, equally and ratably, and not one for another, as sureties, to the depositors of said corporation for all moneys deposited therein, in an amount equal to the face value of their respective shares of stock; it being the true intent and purpose of this section of 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 stockholder shall not prevent depositors from having equal rank with all other creditors upon the capital, property and assets of said bank. Capital stock. Payments for stock. Tranfers of stock. Beginning business. Liability of corporation and stockholders for debts of corporation. SEC. X. Be it further enacted, That the business and affairs of said corporation shall be managed by a Board of Directors, and the officers elected by them; said board shall consist of not less than three nor more than nine directors, and a majority shall constitute a quorum for the transaction of

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business; they shall hold their respective offices for such term as may be fixed by the by-laws, and until their successors are elected and qualified, and shall have power to elect all officers and fill all vacancies occurring in their own body or among said officers; the officers of the said corporation shall consist of a president, secretary, cashier and such other officers as the Board of Directors may deem necessary, but the same person may hold two or more offices, and the Board of Directors may dispense with any office they may deem unnecessary; they shall hold their respective offices until their successors are elected and qualified. The Board of Directors may require any and all of said officers to give bond in such amount as they may fix for the faithful performance of their duties, and may alter, amend or repeal any of the by-laws of said corporation by a majority vote of the Board of Directors. Directors and officers. SEC. XI. Be it further enacted, That the total liabilities to the said corporation of any person, corporation or firm (including in the liabilities of said firm the liabilities of the individual members thereof), for money borrowed, shall, in no event, exceed twenty-five per cent. of the capital stock of said corporation; but advances made upon bills of lading, warehouse and elevator receipts, commercial paper and notes secured by collaterals and securities convertible in the open market, shall not be considered borrowed money under the provisions of this section. Limitation upon power to lend money. 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 10, 1891. INCORPORATING THE HOME BANK OF ATLANTA, GEORGIA. No. 626. An Act to incorporate Home Bank of Atlanta, Georgia. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That Jas. R. Collins, A. S. Seals, Oscar Davis and Morris Brandon, of said State, their associates and successors, are hereby constituted and declared to be a body politic, under the name of Home Bank of Atlanta, Georgia, for thirty years, and with power under this name to sue and be sued, and with all other powers enumerated in section 1679 of the Code of Georgia, published in the year 1882. Corporators. Corporate name, term and general powers.

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SEC. II. 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 at any time to any sum, not exceeding five hundred thousand dollars, and the incorporators, or a majority of them, are hereby authorized and empowered to open books of subscription to said stock, and to organize and to commence business when as much as five thousand dollars shall have been paid in on said stock. The stock shall be paid for in monthly installments at two and one half dollars for each share subscribed for, or in such other way as the directors may decide; provided , that any stockholder shall have the right to pay the entire amount subscribed, or any part thereof, in excess of his monthly installments, at two and one-half dollars per share at any time and on such basis as shall be agreed on by the directors; and provided further , that unless said corporation shall have been organized before the expiration of three years from the passage of this bill, this charter shall be void and of no effect. Capital stock. Books of subscription. Beginning business. Payments for stock. Unless organized within three years charter void. SEC. III. Be it further enacted, That at the first meeting of the stockholders, called by a majority of the corporators, a Board of Directors, not less than three nor more than thirteen, as may be agreed on by said stockholders, shall be elected from among the stockholders, to hold office for the period of one year, and until their successors are elected and qualified; the stockholders, by a majority, may fix upon a quorum, consisting of more or less than a majority of the directors. Said Board of Directors shall have power generally to manage the business of the corporation, elect and appoint all such officers as they may deem necessary, fix their compensation, fill vacancies occurring in their body and do and perform such other things as shall be delegated to them by the by-laws of said corporation. Organization. Powers of directors. SEC. IV. Be it further enacted, That said company shall have the right to do a general banking business; to receive deposits; to make loans and discounts; to loan its own or its depositors' funds; to obtain and procure loans for any person, company, partnership or corporation; to invest its own money or the money of others; to lend and invest money in or upon the security of and by way of mortgage, pledge, deed or otherwise, on or over any lands, hereditaments, or real property or interest thereon of any description, situate anywhere; to lend money upon, or purchase, or otherwise acquire bills of lading or the contents thereof, bills, notes, choses-in-action, or any and all negotiable or commercial paper, or any crop or produce whatever, or any stock, bullion,

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merchandise, or effects, and the same to sell or in anywise to dispose of, and to charge any rate of interest on all such loans that may be agreed on in writing, not exceeding the rate allowed by law, and it may also make such loans for any length of time agreed on, and charge interest for the whole time, and include the same in the note or notes or other security given therefor, and collect the same by monthly, bi-monthly, semi-annual or annual installments or otherwise, without any rebate of interest thereon, if the debtor or borrower will so agree. Banking powers, etc. Loans and interest. SEC. V. Be it further enacted, That said company may subscribe to, purchase, acquire or lend money upon any stock, shares, notes, bonds, debenture or other securities of any government, State, municipality, corporation, company, partnership or person, and to hold, deal in or to sell the same, or to distribute the same among the stockholders, to negotiate or place in behalf of the corporation, companies, partnerships or persons, all or any of them, shares stocks, debentures, notes, mortgages or other securities will or without guaranty or collateral obligation by this company, and to sell or subscribe any of the property, real in personal, or any interests acquired therein by it to any other corporation for any portion of its bonds, securities, obligations or capital stock as may be agreed upon without liability on such stock so purchased or subscribed for, beyond the agreed terms of said purchase or subscription. May purchase, etc., stock, bonds, etc. SEC. VI. Be it further enacted, That said corporation may receive or deposit all sums of money which may be offered it, for the purpose of being invested in such sums and at such times, and on such terms as the Board of Directors may agree upon, and which shall be repaid to such depositors at such times, with such interest, not exceeding the lawful rate, and under such regulations as may be fixed by such board; and if money is deposited by any minor, either as an investment or otherwise, such money may be withdrawn by the minor without the consent of the parent or guardian of such minor, and his or her check or receipt therefor shall be as binding upon such minor as though he or she were of full age. Deposits for investment. Deposits by minors. SEC. VII. Be it further enacted, That said company, at any time agreed on by the Board of Directors, may issue (debenture) coupon bonds, in denominations of not less than ten, nor more than five thousand dollars, payable at any time fixed upon, and drawing any rate of interest agreed on, not exceeding the lawful rate, and to secure the payment of the same, may transfer to any person, natural or artificial, as trustee, all of its securities, property, effects or

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franchises, or any part thereof, by way of mortgage, deed, pledge or otherwise. And said company may sell, loan, pledge, hypothecate or otherwise dispose of said debenture bonds by the use of agents or otherwise, at any price, and pay its agents any commission its Board of Directors may agree on, for the purpose of obtaining money for use in its general business. May issue bond. SEC. VIII. Be it further enacted, That said company shall have the right to act as agent, factor or trustee for any State, county, town, municipality, corporation, company or individual on such terms as to agency and commission as may be agreed on, in registering, selling and countersigning, collecting, acquiring, holding, dealing and disposing of, on account of said State, county, town, municipality, corporation, company, or person, bonds, certificates of stock, or any description of property, real or personal, or for guaranteeing the payment of such bonds, certificates of stock, etc., and generally for managing such business, and may charge such premiums, commissions or rate of compensation as may be agreed on, in and for any of the matters and things authorized by this charter. May be agent, factor or trustee. SEC. IX. Be it further enacted, That said corporation shall have power to receive money in trust, and shall have power to accept and execute any trust that may be committed to it by any court, corporation, company, person or persons, and it shall have power to accept any grant, assignment, transfer, devise or bequest, and hold any real or personal estate or trust created in accordance with the law of this State, and then to execute the same on such terms as may be established and agreed upon by its Board of Directors; and said corporation is hereby fully authorized and empowered to act as trustees or assignees, and to receive on deposit all funds in litigation in the various courts of this State, and pay therefor such interest as may be agreed upon, not exceeding the lawful rate. It shall have power and authority to receive for safe keeping or deposit all money, bonds, stocks, diamonds and silver plate and other valuables, and charge and collect a reasonable compensation for the same, which said charge shall be a lien upon such deposit until paid, and generally to do and carry on the business of a safety deposit and trust company. Trusts. May be trustee or assignee, etc. Safety deposits. SEC. X. Be it further enacted, That said corporation, after fifty thousand dollars shall have been paid in on its capital stock, shall have power to accept and execute the office and appointment of executor of the last will and testament of any person, and of guardian when appointed as such by will but not otherwise; and the Ordinaries of this State are authorized

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to grant letters testamentary to said corporation when it is appointed executor of any will. Said corporation shall have power to accept and execute the office of agent, assignee, receiver or trustee of every kind whatsoever, whether said office or appointment shall be conferred by any person or persons, or by any court, either of the United States or of the State. The capital stock, assets and property of the corporation shall be absolutely liable for the faithful management of the trusts as confided to its care as executor, guardian or trustee, agent, assignee or receiver as aforesaid; provided , said corporation shall have power to act as administrator of any deceased person's estate on the same terms and conditions as natural persons. May be executor, guardian, receiver, etc. Administration. SEC. XI. Be it further enacted, That said company shall be, and is, hereby given the right to carry on the business of guarantee insurance, and to insure or guarantee the payment of any dividends, bonds, notes, undertakings, mortgages or other securities or evidences of indebtedness, or the interest thereon, of any person, partnership or corporation, for any price and on any consideration agreed on. Guaranty insurance. SEC. XII. Be it further enacted, That the officers of said company shall consist of a president and as many vice-presidents as shall be agreed on, a cashier and as many assistant cashiers as shall be agreed on, and a general counsellor, who shall be elected at such time and shall hold their respective offices for such terms as may be fixed by the by-laws and until their successors are elected and qualified. The stockholders may, in their discretion, vest in the Board of Directors the power to make, alter and amend said by-laws. The by-laws shall fix the duties of the various officers, including the vice-presidents and assistant cashiers. Officers. By-laws. SEC. XIII. Be it further enacted, That the stock held by any one shall be transferred only on the books of said corporation, either in person or by power of attorney, and no stockholder shall transfer his stock except by consent of the directors of said corporation, if he is indebted to the corporation as principal, security or otherwise, until such indebtedness is paid off and discharged, and for all such indebtedness said corporation shall have a lien superior to all other liens upon the stock of said stockholder. Transfers of stock. SEC. XIV. 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 debts of said corporation to the extent of his or her unpaid shares of stock, and each stockholder shall be further and additionally individually liable, equally and ratably, and not one for another, as sureties,

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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 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 and officers for debts of corporation. SEC. XV. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved October 10, 1891. INCORPORATING THE GEORGIA SAVINGS BANK. No. 635. An Act to incorporate the Georgia Savings Bank, with power to do a banking business, act as agent, assignee, receiver, executor, administrator and trustee, with its principal office in the city of Atlanta, and for other purposes. SECTION I. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by authority of the same, That James R. Wylie, G. V. Gress, R. D. Spalding, E. P. Howell, George Winship, C. W. Hunnicutt, J. G. Oglesby, R. J. Griffin, R. J. Lowry, T. D. Meador, Zac. H. Smith, J. J. Falvey, Joe Hirsch, R. C. Clark, G. H. Tanner, Fulton Colville, and their associates, successors and assigns, be, and they are, hereby created a body corporate and politic under the name of Georgia Savings Bank, with principal office in the city of Atlanta, and by such name shall have the power to sue and be sued, plead and be impleaded, complain and defend in any court of law or equity; to make, use and at pleasure alter a common seal; to make and establish such by-laws, rules and regulations, not inconsistent with the laws of this State nor of the United States, for the government of the incorporation and its incorporators, as it may deem proper; to contract and be contracted with; to receive, purchase, own, hold and use property of all descriptions, real, personal and mixed, and the same to alien, convey, lease, mortgage

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and otherwise dispose of, and to receive the rents, incomes and profits thereof, and generally to do each and every act requisite, necessary, expedient or convenient to accomplish the purpose of such corporation. Corporators. Corporate name, location and general powers. SEC. II. And it is hereby further enacted by the authority of the same, That said corporation shall have power to do and transact a general banking business; to receive deposits of money, without liability for interest; to buy and discount notes, drafts, bills of exchange, checks, certificates and other evidences of debt; to purchase, own, sell and hypothecate stocks; to lend money, and take as security, real estate, bonds, stocks, promissory notes, or any other security or thing of value; to borrow money and secure the payment of the same by deed or mortgage, or any written evidence of debt, and by any other security; to invest its funds in real estate, or in such other property, real, personal or mixed, as its Board of Directors, under its by-laws, may direct or determine; to buy and sell foreign and domestic exchange, and to make collections, and to charge and receive pay for the same. Banking powers, etc. SEC. III. And it is hereby enacted by the authority of the same, That said body corporate shall have power to receive deposits of money, and to contract and pay thereon such rate of interest as may be agreed on, not exceeding the rate fixed by law and in the by-laws for the government of the corporation; may regulate, from time to time, the maximum and minimum amount of the deposits it will receive, the rate of interest to be paid generally and in particular cases, the manner and times of payment of interest, and the manner and times at which deposits may be withdrawn; and shall have power, in its discretion, to cause the interest on any deposits to cease, first giving not less than thirty days' notice to the depositor, personally or by publication, of the date on which its liabilities for interest shall cease. If made by publication, may be made to apply either to one or more depositors, or to a particular class of depositors, or to depositors of amounts above or below a sum named, or to all of the depositors; but any depositor shall have the right to withdraw his deposit at the time so fixed for the cessation of interest. Deposits on interest. SEC. IV. Be it further enacted, That said company may lend its own, or the money of others, upon any real estate or personal security by way of mortgage, deed, pledge, execution or other lien or conveyance, partnership or corporation, with or without guaranty or other collateral liability; may subscribe to, purchase, acquire or lend money in or upon any stocks, shares, bonds, notes, debentures or other securities

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of any government, State, municipality, corporation, company, partnership or individual, and may hold, deal in or sell the same, or distribute such securities among the shareholders of the company; to negotiate or place in behalf of companies, partnerships, corporations or individuals all or any part of such shares, bonds, stocks or debentures, notes, mortgages or other securities for an agreed compensation, with or without guaranty or collateral obligation by this company; to sell or to subscribe any of the property, real or personal, or any interest therein acquired by it to any other corporation, company or individual for money, bonds, securities, obligations or capital stock as may be agreed upon without liability, or any stock or security so purchased or subscribed beyond the agreed terms of said purchase or subscription. Loans, etc. SEC. V. Be it further enacted, That married women and minors shall be competent to make deposits with this corporation of money or other valuables, and their checks or receipts for the same shall be a sufficient discharge to this corporation, and any contract made by them with the corporation as to said deposits shall not be subject to the claims, control or debts of the husbands of such married women, or of the parents or guardians of such minors. Deposits by married women and minors. SEC. VI. And it is hereby further enacted by the authority of the same, That in case of deposits on interest the sum deposited, with accrued interest, shall be paid to the depositors respectively, or to their legal representatives, after demand, in such manner and at such times and after such previous notice and under such regulations as may be prescribed by the Board of Directors, which regulations shall be printed in pass-books and shall be evidence between the bank and the person holding the same of the terms on which the deposits are made, and the bank may refuse to receive a deposit, and may also, at any time, return all or any part of any deposit. Payments of deposits on interest, etc. SEC. VII. And it is hereby further enacted by the authority of the same, That said bank shall have the right to procure and establish safety boxes and vaults and may let the same for hire and collect such hire; said bank may also deposit its funds, as other depositors, with any national bank or with any other bank or banker, and may authorize any such bank or banker to receive for it any deposit and pay out for it any such money as it may direct. It shall also have the power, by contract, to occupy a part of the premises of any other bank and use for its business the vaults, safes, furniture and fixtures of such other bank as may be agreed on. Safety deposits. Deposits with other banks, etc. SEC. VIII. Be it further enacted by the authority aforesaid,

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That said hereby created corporation shall have the power and authority to act as fiscal agent for any State, person or corporation, public or private, upon such terms and for such compensation as may be mutually agreed upon, not inconsistent with any of the laws of this State; and the Ordinaries of this State are authorized to grant letters testamentary of administration and guardianship to said company when so appointed; provided , bonds and security shall first be given in terms of law. Fiscal agent. May be [Illegible Text], administrator or guardian. SEC. IX. Be it further enacted, That the capital stock of said company shall be $100,000.00, divided into one thousand shares of the par value of $100.00 per share; but said capital stock may be increased at any time by a majority vote of the Board of Directors to an amount not exceeding one million dollars. The stockholders in said company shall be liable to the amount of their unpaid subscriptions, and shall be liable for all installments or assessments called for by the Board of Directors, as provided in the by-laws, until said subscription shall be fully paid up; and if any installment or assessment so called for is not paid when due, such stock shall be sold at public sale after sixty days' notice to the subscriber, and after paying the due assessments and expense of sale, the balance shall be paid over to the subscriber. Said company may begin business whenever stock to the amount of $50,000.00 shall have been subscribed, and ($10,000.00) ten thousand cash thereof paid in; provided , 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 moneys 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 to 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. Capital stock. Stock subscriptions. Failure to pay. Liability of corporation and stockholders for debts of corporation. SEC. X. Be it further enacted, That the business and affairs of said company shall be managed by a Board of Directors and the officers elected by them. Said board shall consist of not less than five nor more than thirteen directors,

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and a majority shall constitute a quorum for the transaction of business. They shall hold office until their successors are elected and qualified, and shall have power to elect all officers. The officers of said company shall consist of a president, vice-president, secretary, treasurer, general counsellor and such other officers as the Board of Directors may deem necessary; but the same person may hold two or more of said offices, and the Board of Directors may dispense with any office that they may deem necessary. They shall hold their respective offices until their successors are elected and qualified. The Board of Directors may require any or all of said officers to give bond in such amounts as they may fix for the faithful performance of their duties, and may alter, amend or repeal any of the by-laws of said company by a majority vote of the board. Directors and officers. SEC. XI. Be it further enacted, That the total liabilities to said bank of any person or of any company, corporation or firm (including in the liabilities of the company or firm the liabilities of the several members thereof), shall at no time, nor by any construction or device, exceed one-tenth part of the amount of the capital stock of said bank paid in. Limitation upon power to lend money, etc. SEC. XII. Be it further enacted, That this charter shall expire after the period of thirty years from the passage of this Act. Term of office. SEC. XIII. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved October 10, 1891. INCORPORATING THE MUTUAL BUILDING, LOAN AND LAND ASSOCIATION. No. 636. An Act to incorporate the Mutual Building, Loan and Land Association of Georgia, to grant banking privileges to the same, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That Isaac Hardeman, J. W. Cabaniss, Robert E. Park, J. J. Cobb, C. P. Steed, Olin J. Wimberley, Robert A. Nisbet, C. M. Wiley, Dupont Guerry, C. T. King and W. C. Davis, and such other persons as may hereafter be associated with them, their successors and assigns, are hereby constituted and declared a body corporate under the

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name and style of the Mutual Building, Loan and Land Association of Georgia, with perpetual succession, and with power to sue and be sued, plead and be impleaded, contract and be contracted with; to acquire, hold, purchase or sell, lease or rent, property of every description, real, personal and mixed; to have a common seal, which it may change at will; to make such by-laws, rules and regulations for the government of said association, its officers and members, not inconsistent with the Constitution and laws of the United States nor of this State, and to do all other acts necessary and proper to carry into effect the objects of this Act, and to transact the lawful business of said association in as full and ample a manner as any natural or artificial person could do. Corporators. Corporate name and general powers. SEC. II. Be it further enacted, That the capital stock of said association shall be fifty thousand dollars, with the privilege of increasing the same to five million dollars. The stock shall be divided into shares of one hundred dollars each, and the incorporators, or any of them, are authorized to open books and receive subscriptions at such times and places as they may deem expedient. The authority herein vested shall continue in said incorporators until said association is duly organized; then said association may adopt such plans and methods to increase its subscription to the capital stock as it may deem proper. The stockholders are required to pay a monthly installment of three dollars per share, or such other monthly, quarterly or annual installments per share as the association may adopt, until the amounts paid in, with legal interest, shall be one hundred dollars per share. Capital stock. Books of subscription. Payments for stock. SEC. III. Be it further enacted, That at any time after the passage of this Act said incorporators, or a majority of them, are authorized to assemble and organize said association by the election of a president, vice-president, secretary and treasurer, and a board of nine directors, all of whom must be stockholders in said association. The president and vice-president must be elected from the Board of Directors; the treasurer must give bond and good security in such an amount as the Board of Directors may agree upon, which bond and security must be approved by the Board of Directors before the treasurer enters upon the duties of his office. Said incorporators are also authorized to elect a general agent and business manager, and any other officer, or officers, that may be necessary or expedient to promote the interests of said association. Five of the Board of Directors shall constitute a quorum to transact business. After the first election of officers and directors, said officers and directors

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shall be elected annually by the stockholders, and shall hold their offices until their successors are elected and qualified. The annual meeting of the stockholders shall be in the city of Macon, Georgia, on the second Wednesday in May, or at such other time as said association may adopt. Every stockholder shall be allowed one vote for each share of stock he owns, which vote may be cast in person or by proxy. The person, or persons, receiving a majority of votes cast shall be declared elected. All vacancies in office, or on the Board of Directors, shall be filled by the Board of Directors. Organization. Directors and officers. Annual meetings of stockholders. Votes of stockholders. Vacancies. SEC. IV. Be it further enacted, That the principal office of said association shall be located in the city of Macon, Georgia, but it is hereby authorized to establish branch offices and agencies at other places in said State or elsewhere, and delegate to them such powers as may be necessary and proper to transact the business of such branch offices and agencies. Principal and branch offices. SEC. V. Be it further enacted, That said association is hereby authorized and empowered immediately upon organization to commence and continue a general real estate business, with power to buy, sell, lease, rent, exchange, mortgage and convey, either on its own account or the account of others, real estate of every description, whether located in this State or elsewhere, with the right and privilege of receiving the rents, incomes and profits arising therefrom. Authorized to conduct general real estate business, etc. SEC. VI. Be it further enacted, That said association is hereby authorized to loan money on real estate, stocks and bonds, or on such other security as the Board of Directors may deem proper, at any rate of interest that may be agreed on in writing, not to exceed the highest rate fixed by law; may make loans for any time agreed on and charge interest for full time and include the same in the note or notes or other security given therefor, and may collect the same by monthly or other installments if the debtor will so agree, without any rebate of interest thereon. To secure such loans or advances, or other debts due or owing said association, it is hereby authorized to take such mortgages, deeds, deeds of trust, pledge or other security, and to make or ratify any agreement, contract, lease or sale, as may be necessary or expedient to protect the rights, privileges or interests of said association. Loans and interest. SEC. VII. Be it further enacted, That said association shall have the right to do a general banking business; to receive deposits, with or without liability for interest; to buy, sell or discount notes, drafts, bills of exchange, checks or other

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commercial paper or evidences of debt; to own, hold, purchase or sell, on its own account or the account of others, foreign and domestic exchange, stocks, bonds or other securities; to make collections and charge and receive pay for same, and to do any and every act necessary, requisite, convenient or expedient to transact the business of said association. Banking powers, etc. SEC. VIII. Be it further enacted, That married women and minors shall be competent to make deposits with said association of money or other valuables, and their checks or receipts for same shall be a sufficient discharge of said association, and any contracts made by them with said association as to deposits shall be valid and binding in law; such deposits shall not be subject to the claims, control or debts of the husbands of such married women, or of the parents or guardians of such minors. Deposits by married women and minors. SEC. IX. Be it further enacted, That said association shall be liable to its creditors to the extent of its assets of every description, and the stockholders of said association shall be liable individually to the creditors of said association in proportion only to the stock held by each stockholder; provided , that in no event shall the liability of any stockholder be greater than the amount of his unpaid stock. Liability of corporation and stockholders for debts of corporation. SEC. X. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved October 10, 1891. INCORPORATING THE BANK OF COMMERCE. No. 641. An Act to incorporate the Bank of Commerce, and to define its powers and privileges. 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. W. Sheffield, Frank Sheffield, E. A. Speer, W. A. Dodson, C. A. Huntington, G. W. Council, their associates and successors, be, and are, hereby incorporated and declared to be a body politic, under the name of the Bank of Commerce, for a period of thirty years, and by said corporate name shall have the power to have and use a common seal, sue and be sued, plead and be impleaded; to contract and be contracted with, discount bills, notes and other evidences

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of debt, sell and buy exchange, domestic and foreign, loan and borrow money; to receive and hold the same on deposit and issue certificates of deposit for same, with or without interest, as agreed upon, buy and sell real and personal property when necessary in its business, and hold and convey the same; to make, alter and repeal such by-laws as may be deemed necessary and proper for the conduct of its business, and to do all acts and things requisite, necessary or expedient to carry on a general banking business, not inconsistent with the laws of the State of Georgia or of the United States. Corporators. Corporate name, term and general powers. SEC. II. Be it further enacted by the authority of the same, That the capital stock of said company shall be fifty thousand dollars, with the privilege of increasing the same to two hundred thousand dollars, from time to time, as may be deemed best by the Board of Directors at any regular or special meeting of said board; but no increase of stock shall be valid unless by the vote of two-thirds of all the paid up stock. Certificates of stock shall be issued to each stockholder truly representing his or her interest in the company, and all sales and transfers in stock, in order to be valid, must be made on the books of the company by the owner of the stock, or by his or her lawful appointed attorney-in-fact. Capital stock. Certificates and transfers of stock. SEC. III. Be it further enacted by the authority of the same, That the stock of said company shall be divided into shares of one hundred dollars each, and when there shall have been paid in the sum of twenty-five thousand dollars this said company shall have power and authority to commence business; the principal office and place of business of said company to be in the city of Americus, Sumter county, Georgia. Par value of stock. Beginning business. Location. SEC. IV. Be it further enacted by the authority of the same, That the business of said corporation shall be exercised by a Board of Directors, consisting of not less than five nor more than eleven, each of whom shall be a stockholder, and the officers shall consist of a president, vice-president, cashier and teller, and such other officers or agents as the business of the corporation may require or deem necessary for the transaction of their said business. Directors and officers. SEC. V. 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 debts of said corporation to the extent of his or her unpaid shares of stock, and each 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

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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 stockholder 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. VI. 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 October 13, 1891. INCORPORATING THE PLANTERS' BANK OF AMERICUS. No. 642. An Act to incorporate the Planters' Bank of Americus, to define its powers and privileges, and for other purposes. SECTION I. The General Assembly of the State of Georgia do enact, That G. W. Council, L. G. Council, C. M. Council, A. S. Ansley, R. J. Perry, T. B. Hooks and J. A. Ansley, of the county of Sumter, in said State, and their a sociates and successors, are hereby constituted a body politic and corporate, under the name of the Planters' Bank of Americus, with power, by this name, to sue and be sued; to have and use a common seal, should they so desire; to make and alter by-laws, as they may deem necessary for the business; to hold such real estate and personal property as may be convenient to said bank in payment or satisfaction of any debt which may be due them, or for otherwise transacting the business of said bank; to take and receive mortgages and pledges to said bank to secure any debt which may be owing to them; to buy and sell real estate and personal property in the transacting of the business of said bank; to receive deposits of money and other valuables, and issue certificates therefor; to loan and borrow money; to discount and sell stocks, bonds and securities generally, bills of exchange and promissory notes; to do a general banking and exchange business, and for said purposes to receive and execute such receipts, contracts or other instruments of writing as may be necessary. Corporate. Corporate name and general powers. SEC. II. Be it further enacted, That the capital stock of said corporation shall be fifty thousand dollars ($50,000), divided into shares of one hundred dollars ($100.00) each, with power to said bank to increase the same to any amount not to exceed one hundred and fifty thousand dollars ($150,000), upon public notice of such increase

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being first given for thirty (30) days in a public gazette published in the city of Americus, in which notice shall be specified the amount of the increase to the capital stock of said company. Capital stock. SEC. III. Be it further enacted, That so soon as there has been fifty thousand dollars ($50,000) of the capital stock subscribed, and one-half thereof actually paid in lawful money of the United States, the said stockholders may organize and proceed to business under this Act. The corporate powers of said bank shall be exercised by a Board of Directors of not more than nine (9) nor less than seven (7), to be chosen as hereinafter provided, who shall elect from their number a president, and a cashier not of their number. Said directors shall be elected by the stockholders on the first Wednesday in each year, or within twenty (20) days thereafter, by giving twenty days' notice in a public gazette of the city of Americus, and said directors shall continue in office until their successors are elected and qualified. A majority of said directors shall have power to act at all meetings, and shall fill any vacancy that may occur in the board. Each stockholder shall vote in person, or by proxy under written power of attorney, and be entitled to one vote for every share he may hold; but no stock shall be voted which may be in arrears for installments, fines or other dues, until such arrears are paid up in full. Organization. Directors and officers. Votes of stockholders. SEC. IV. Be it further enacted, That the minutes of the proceedings of the Board of Directors shall be kept in a book provided for that purpose, shall be signed by the president and secretary, and the same shall, at all times, be subject to the inspection of any stockholder. Minutes. SEC. V. Be it further enacted, That each stockholder shall pay in fifty per cent. of his stock at the time of subscription to the same, and subsequently he shall pay into the bank, in lawful money, the balance of his subscription, as he may be called upon by the Board of Directors on ten (10) days' notice. Each stockholder shall be entitled to a certificate of stock when fully paid up, and all transfers of the stock of said bank shall be made by the stockholders by signing such transfer, by himself or his attorney in fact, in a book to be kept for that purpose at the principal office of said bank in Americus. Payments for stock. Certificates and transfers of stock. SEC. VI. Be it further enacted, That the by-laws of the bank shall be binding upon all the stockholders, and the payment of all installments to the bank by its stockholders may be enforced by such fines and other penalties as may be provided by the by-laws. The Board of Directors shall have power to employ all officers and agents that may be necessary to transact the business of the bank, and to fix their compensation, to dismiss, and to take bond from persons so appointed for the faithful execution of their duties. By-laws, etc. SEC. VII. Be it further enacted, That on the first day in June of each year the Board of Directors shall make and publish a full statement of all assets and liabilities whatever of said bank, which statement shall be verified by the oath of the cashier, made before any officer authorized to administer an oath, and such statement shall be recorded and kept in a book for that purpose for future reference.

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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 debts of said corporation to the extent of his or her unpaid shares of stock; and each 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 to the face value of said shares of stock; provided , that said liability of the stockholder shall not prevent depositors from having equal rank with all other creditors upon the capital, property and assets of said bank. Annual statement. Liability of corporation and stockholders for debts of corporation. SEC. VIII. Be it further enacted, That said corporators, or any three of them, are hereby authorized to open books of subscription for the capital stock of said bank at the warehouse of L. G. Council, in the city of Americus, or such other suitable place as they may designate in said city. This Act shall continue in force for thirty years. Books of subscription. 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 13, 1891. INCORPORATING THE SHIPP BANKING COMPANY. No. 646. An Act to incorporate the Shipp Banking Company, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That J. E. D. Shipp, W. W. Shipp, C. J. Shipp, J. B. Shipp, G. W. Shipp and R. E. L. Shipp, and such other persons as may be associated with them, and their successors and assigns, are hereby constituted a body corporate under the name of the Shipp Banking Company, to be located in the city of Cordele, Dooly county, Georgia. Corporators. Corporate name and location. SEC. II. Be it further enacted, That the capital stock of said banking company shall be one hundred thousand dollars, with the privilege of increasing the same to any amount not exceeding one million dollars, said stock to be divided into shares of one hundred dollars each. Certificates of stock shall be issued to each stockholder, truly representing his or her interest in the company, and all sales and transfers of stock in said bank must, in order to be valid, be made on the books of the company by the owner of the stock or by his or her lawfully appointed attorney in fact. Capital stock. Certificates and transfers of stock.

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SEC. III. Be it further enacted, That when fifty thousand dollars shall be subscribed and paid in on account of subscriptions to stock, then the subscribers shall be and become a body corporate and politic, with continued succession, under the name of the Shipp Banking Company, for a period of thirty years, and by that name shall exercise corporate powers and be competent to contract and be contracted with, sue and be sued, plead and be impleaded, in any court having jurisdiction of the subject-matter involved; and shall be capable of purchasing, holding and selling real and personal property, in the safe prosecution of the business of said bank, and shall have power to make and use a corporate seal, and do all acts and things, and to pass and enforce all such rules and regulations as may be necessary and proper to carry into effect the objects and purposes of this Act and the business of said corporation; provided , said rules and regulations are not inconsistent with laws of this State or of the United States. General powers. SEC. IV. Be it further enacted, That the directors of said bank, on the first Monday in January and July of each year, declare a dividend of so much of the net profits as they shall deem expedient; but before declaring such dividends they shall carry one-tenth of its net profits of the preceding half-year to the surplus fund, until the surplus fund shall amount to twenty per centum of the capital stock, and thereafter the amount carried to the surplus fund shall be discretionary with the directors. 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 debts of said corporation to the extent of his or her unpaid shares of stock, and each 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 stockholder shall not prevent depositors from having equal rank with all other creditors upon the capital, property and assets of said bank. Dividends. Surplus. Liability of corporation and stockholders for debts of corporation. SEC. V. Be it further enacted, That the powers of this company shall be exercised by a Board of Directors of not less than five nor more than nine persons, to be chosen as hereinafter provided, who shall elect from their number a president. Said directors shall also elect a cashier and appoint from, time to time, or at any time, such other officers or agents as in their judgment the business may require; fix their compensation, dismiss them, and take bonds from persons so elected or appointed in such sums as they may deem proper for the faithful execution of their duties. The directors of the company shall be elected upon the first organization. Upon a call of a majority of the incorporators of such organization, each stockholder shall have written notice five days before the same, and

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annually thereafter on the first Wednesday in October of each year, and the directors shall continue in office until their successors are elected and qualified. A majority of said directors shall have power to act at all the meetings of the board and to fill all vacancies that may occur in the board. Each stockholder shall be entitled at all elections of directors of said company to one vote for each share of stock held by him, whether in his own right or in any fiduciary capacity; he may vote either in person or by proxy, under written power of attorney. If, for any reason, said election of directors is not held on the first Wednesday in October, then any member of the stockholders of said company, representing one-third of the whole number of shares of said company, may call a meeting by giving written notice to every stockholder five days in advance of the day of said meeting, or by giving five days' notice in the nearest newspaper to said bank of the day of said election. No election shall be valid unless a majority of the whole is represented at such stockholders' meeting. Directors and officers. Votes of stockholders. Failure to elect directors at regular meeting. SEC. VI. Be it further enacted, That said corporation shall have power to receive money on deposit; to loan and borrow money; to take and give therefor such securities as may be considered best; to purchase and discount notes and bills of exchange; to act as agents for borrowers; to secure loans for them on real estate or other security and charge a commission for negotiating same, and to do all other acts it may deem advisable for the safe keeping and secure profitable investments of its funds. Banking powers, etc. SEC. VII. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved October 13, 1891. INCORPORATING THE CLEGG BANKING AND SAVINGS COMPANY. No. 648. An Act to incorporate the Clegg Banking and Savings Company, with powers to do a general banking and savings bank business, and to give certain powers and privileges to the same, and for other purposes therewith connector. 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 P. C. Clegg, S. W. Coney, C. R. Whitley, Lee Allen and W. A. Dodson, and their associates and successors, be, and they are, hereby made a body corporate and politic under the name of the Clegg Banking and Savings Company, and by such name shall have the power to sue and be sued, plead and be impleaded, complain and defend in any court of law or equity; to make, use and at pleasure alter a common seal; to make and establish such by-laws and regulations, not inconsistent with the laws of this State

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nor of the United States, for the government of the incorporation and its incorporators as it may deem proper; to contract and be contracted with; to receive, purchase, own and hold and use property of all descriptions, real, personal, and mixed, and the same to alien, convey, lease, mortgage, hypothecate and otherwise dispose of and to receive the rents, incomes and profits thereof, and generally to do each and every act requisite, necessary, expedient or convenient to accomplish the purposes of such corporation. Corporators. Corporate name and general powers. SEC. II. And it is hereby enacted by the authority of the same, That said corporation shall have power to do and transact a general banking business; to receive deposits of money, with or without liability for interest thereon, as may be agreed upon, and issue certificates of deposit therefor, and sell exchange, foreign and domestic; to buy and discount notes, drafts, bills of exchange, checks, certificates and other evidences of debt; to loan and borrow money, and to take and give therefor real or personal security or otherwise, as may be considered best, and sell and assign such securities; to loan money and take as security real estate, bonds, stocks, promissory notes or any other security or thing of value; to make advances on real or personal property or both, including growing or harvested agricultural, horticultural or other crops; to purchase, sell, own and hypothecate stocks and bonds; to receive valuables or other articles of personal property of any sort or kind, including stocks, bonds, securities and other evidences of the same or of titles thereto, on deposit for safe keeping from executors, administrators, guardians, trustees, corporations, public and private officers, receiving therefor such sums of money as may be agreed upon; to act as agent for the investment of money in real and personal property of all kinds for any person or corporation, upon terms that may be agreed upon; to execute and to issue, demand, and receive and enforce all receipts, certificates, contracts or other instruments of writing as may be necessary for the transaction of its business; to invest its funds in real estate or such other property, real, personal or mixed, as its Board of Directors, under its by-laws, may determine or direct; provided , said corporation shall not purchase lands except for its own needs and purposes and in settlement of claims due it; to do all acts that may be considered by it advisable and best for carrying on a general banking, exchange, savings bank, loan and trust business. Banking powers, etc. SEC. III. And it is hereby further enacted by the authority of the same, That said corporation shall have power to receive deposits of money, and my contract to pay thereon such rate of interest, as may be agreed upon, not exceeding the rate fixed by law and in the by-laws for the government of the corporation; may regulate, from time to time, the maximum and minimum amount of the deposits it will receive, the rate of interest to be paid generally and in particular cases, the manner and times of payment of interest, and the manner and times at which deposits may be withdrawn, and shall have the power, in its discretion, to cause the interest on any deposit to cease, first giving not less than thirty days' notice to the depositor personally or by publication of the

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date on which its liability shall cease, and such notice, if by publication, shall apply either to one or more depositors or to a particular class of depositors, but any depositor shall have the right to withdraw his deposit at the time fixed for the cessation of interest; that evidence of deposit made shall be given by the bank by means of pass books, certificates or in such manner as it shall prefer. Deposits on interest. SEC. IV. And it is hereby enacted by the authority of the same, That married women and minors may make deposits of money or other property with said corporation, and their checks and receipts shall be a full discharge to it, and any contract made by them concerning such deposits shall be valid and binding, and enforceable in law, and such deposits shall be free from the debts or control of the husband of such married women, or the parents and guardians of such minors. Deposits by married women and minors. SEC. V. And it is further enacted by the authority of the same, That the minimum capital stock of said corporation shall be fifty thousand dollars, with the privilege of increasing the same, from time to time, to two hundred thousand dollars by a two-third vote of the stockholders in amount. The capital stock shall be divided into shares of one hundred dollars each, and shall be transferable in such manner as may be prescribed by the by-laws. Said corporation may begin business as soon as fifty thousand dollars shall be paid in on its capital stock. Capital stock. Beginning business. SEC. VI. And it is hereby enacted by the authority of the same, That the affairs of the corporation shall be managed by a Board of Directors of not less than five nor more than eleven, to be selected by the stockholders, at such time and in such manner, and to serve for such time as may be prescribed in the by-laws, which shall also provide what number shall be a quorum for business. The officers shall be a president and vice-president, who shall be members of the Board of Directors, a cashier and such other officers and agents as may be determined upon and collected by the Board of Directors. Directors and officers. SEC. VII. And it is hereby enacted by the authority of the same, That the place of business of said corporation and its principal office shall be in the city of Americus, Georgia, with the right to establish branch offices at other points in the State; provided , that the privileges and franchises conferred by this Act shall continue and be of force for the term of thirty years from the date of its passage with the privilege of renewal at the expiration thereof. Principal and branch offices. Term of charter. SEC. VIII. 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 debts of said corporation to the extent of his or her unpaid shares of stock, and each 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

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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 and stockholders for debts of corporation. SEC. IX. And it 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 14, 1891. AMENDING CHARTER OF THE MERCHANTS' AND FARMERS' BANK. No. 664. An Act to amend section 5 of an Act entitled an Act to incorporate the Merchants' and Farmers' Bank, and to further define the powers and privileges of said corporation. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That section 5 of an Act entitled An Act to incorporate the Merchants' and Farmers' Bank, approved December 8, 1888, be amended by adding to said section the following: Said corporation shall have power to act as agent or broker of and for resident or non-resident corporations and natural persons, in and about negotiating, obtaining and placing loans on real estate mortgages or other security bearing interest at lawful rate, and to act therein for either the borrower or lender, or as a middle-man between the two; and to charge and receive from either the borrower or lender such compensation or commission as may be agreed upon by the said bank and the party to whom the service is rendered, so that said section, when amended, shall read as follows: That said corporation shall have authority to receive money and other valuables on deposit; to loan and to borrow money; to take and to give therefor such security as they may deem best; to purchase and discount, and collect notes and bills of exchange, and to do all other acts in general banking business. Said corporation shall have power to act as agent or broker of and for resident or non-resident corporations and natural persons, in and about negotiating, obtaining and placing loans on real estate mortgages, or other security bearing interest at lawful rate, and to act therein for either the borrower or lender, or as a middle-man between the two; and to charge and receive from either the borrower or lender such compensation or commission as may be agreed upon by the said bank and the party to whom the service is rendered. Empowered to act as agent or broker, 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 14, 1891.

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AMENDING CHARTER OF THE SOUTH GEORGIA BANK OF WAYCROSS. No. 667. An Act to amend sections 5 and 8 of an Act to incorporate the South Georgia Bank of Waycross, relating to transfer of stock by shareholders indebted to the bank without the consent of the Board of Directors, and providing also that the limit on liability of any person company, corporation or firm shall not include the discount of bills of exchange drawn in good faith, and the discount of commercial paper actually owned by the party negotiating the same, and loans payable on demand on securities convertible in the open market. SECTION I. The General Assembly of the State of Georgia do enact, That sections 5 and 8 of an Act to incorporate the South Georgia Bank of Waycross, approved August 16, 1889, be, and the same are, hereby amended, so that no stockholder who may be indebted to said bank, either as principal, security or indorser, shall, while so indebted, have the right to sell or transfer the stock held by him or her without the consent of the Board of Directors of said bank, and so that the limit on the liability of any person, company, corporation or firm to said bank, of one-tenth part of the amount of the capital stock of said bank, shall not include the discount of bills of exchange drawn in good faith, and the discount of commercial paper actually owned by the party negotiating the same, and loans convertible in the open market. Transfers of stock by person indebted to corporation. Limitation on power to lend money, etc. 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 14, 1891. AMENDING CHARTER OF THE STATE SAVINGS ASSOCIATION. No. 670. An Act to change the name of the State Savings Association, to reduce the capital stock thereof and provide for its increase, and to give it the powers and privileges of a savings bank. SECTION I. Be it enacted by the General Assembly of the State Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act said corporation, which was chartered by the General Assembly of Georgia December 24, 1888, shall be called and known as the State Savings Bank. Name changed to State Savings Bank SEC. II. Be it further enacted, That the directors of said corporation may, by resolution, reduce the capital stock thereof to any

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amount not less than fifty thousand dollars ($50,000), and may, from time to time, by resolution, increase the capital stock thereof to any sum not exceeding five hundred thousand dollars ($500,000). Capital stock may be changed. SEC. III. Be it further enacted, That said corporation shall have the right to do a savings bank business whenever as much as twenty-five thousand dollars ($25,000) shall have been paid in on the capital stock of said corporation, and shall have all the rights, powers and privileges incident to savings banks. Savings business. 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 14, 1891. INCORPORATING THE AMERICUS SAVINGS BANK. No. 671. An Act to incorporate the Americus Savings Bank, to confer certain powers and privileges on the same, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That G. W. Glover, L. Cooper, Frank Lanier and W. E. Murphey, and their associates be, and they are, hereby made a body corporate and politic under the name of the Americus Savings Bank, and in such name shall have the power to sue and be sued, complain and defend in any court of law or equity; to make, use and alter a common seal; to make by-laws and rules for the government of the corporation not inconsistent with the laws of this State, nor of the United States; to contract and be contracted with; and in general, to exercise any corporate powers necessary to the execution of the powers herein conferred. Corporators. Corporate name and general powers. SEC. II. Be it further enacted by the authority aforesaid, That said corporation shall have power to do and transact a general banking business; to receive deposits of money without liability for interest; to discount notes, drafts, bills of exchange, checks, certificates and other evidences of debt; to purchase stocks, bonds and other securities of any kind, except its own stock; to lend money and take as security real estate, bonds, stocks, promissory notes or any other security or thing of value; to borrow money and secure the same by deed or mortgage and any writen evidence of debt, and any other security; to purchase, hold, sell, convey and mortgage real estate, and to invest the funds therein, and to receive the rents and profits thereof; to buy, sell, lease, hold and rent real estate; to buy and discount notes secured and unsecured, given for the purchase of real or personal property; to discount commercial paper; to buy and sell exchange and make collections. Banking powers, etc. SEC. III. Be it further enacted by the authority aforesaid, That said body corporate shall have the power to receive deposits of money and to contract to pay thereon such a rate of interest as may

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be agreed on, not exceeding seven per cent. per annum; and in the by-laws for the government of the company may regulate the maximum and minimum amount of the depositors they will receive, the rate of interest to be paid, the manner of payment; and they shall have power, at their discretion, to cause the interest on any deposit to cease, first giving not less than thirty days' notice to the depositor, personally or by publication, of the date on which their liability shall cease, and such notice, if made by publication, may be made to apply to either one or more depositors or to a particular class of depositors, or to depositors of amounts above or below a sum named, or to all of the depositors. Deposits on interest. SEC. IV. Be it further enacted by the authority aforesaid, That evidences of the deposit made shall be given by the bank, by means of pass-books, certificates, or in such other manner as they may prefer. Any deposits made in the name of a minor, or of a female, or in the name of a trustee, where the name of the cestui que trust is not coupled with the name of the trustee, shall be held for the exclusive right of the depositor, free from the control or lien of all persons whatsoever, except creditors, and the receipt or acquittance of such minor or female (or trustee as such) shall be valid and sufficient release and discharge for such deposit, with any accruing interest so paid. Pass books, certificates etc. Deposits by minors, females or trustees. SEC. V. Be it further enacted by the authority aforesaid, That said bank shall have the right to procure and establish safety boxes and vaults, and may let the same for hire. Such bank may also deposit its funds as other depositors, in any national bank or any bank incorporated under the laws of this State, and may authorize any officer therein to receive for them any deposit and pay out for them such moneys as they may direct. Such bank shall also have the power, by contract, to occupy a part of the premises of any other bank and use for its business the vaults, safes, furniture and fixtures of such other banks as may be agreed on. They shall have the right and power to act as agents, and may negotiate loans of money and charge a reasonable commission for their services. Safety deposits. Deposits of funds with other banks, etc. May [Illegible Text] of loans. SEC. VI. Be it further enacted by the authority aforesaid, That in case of deposits on interest the sum deposited, with accrued interest, shall be paid to the depositors respectively, or to their legal representatives, after demand, in such manner and at such times and after such previous notice, and under such regulations as may be prescribed by the Board of Directors, which regulations shall be printed in the pass books and shall be evidence between the banks and the persons holding the same of the terms of which the deposits are made, and the bank may refuse to receive a deposit and may also, at any time, return all or any part of any deposit. Payment of deposits on interest, etc. SEC. VII. Be it further enacted by the authority aforesaid, That the place of business of said bank and its principal office shall be in the city of Americus, Georgia. Location. SEC. VIII. Be it further enacted by the authority aforesaid, That the capital stock of the corporation shall be twenty-five thousand dollars, with the privilege of increasing the same to two hundred

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thousand dollars, by a two-thirds' vote of the stockholders, in amount. The capital stock shall be divided into shares of fifty dollars each, and shall be transferable in such manner as may be prescribed in the by-laws. Before the bank shall commence business the full amount of twenty-five thousand dollars shall be subscribed and paid in. Capital stock. Beginning business. SEC. IX. Be it further enacted, That the affairs of the corporation shall be managed by a Board of Directors of not less than three, to be selected by the stockholders, to serve for such terms and elected at such time and manner as shall be prescribed by the by-laws The officers shall be a president and treasurer and such other officers and agents as may be deemed by the directors necessary for the transaction of its business. Directors and officers. SEC. X. Be it further enacted, That in addition to the powers heretofore conferred, the corporation herein created shall, in law, be capable of being appointed a trustee, with the powers of holding and managing property for persons under a disability; and capable also of being made assignee of property for the use of others. May be trustee or assignee. SEC. XI. Be it further enacted, That the term of this charter shall be for a period of thirty years. Term of charter. SEC. XII. 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 debts of said corporation to the extent of his or her unpaid shares of stock; and each 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 to the face value of said shares of stock; provided , that said liability of the stockholder 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. XIII. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved October 14, 1891.

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INCORPORATING THE BANK OF ROCKDALE. No. 674. An Act to incorporate the Bank of Rockdale, in the city of Conyers, and for other purposes connected therewith. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That Henry Y. McCord, Augustus C. McCalla, Eugene M. Hudson, Moody C. Summers and Geo. W. Cain, and such other persons as may hereafter be associated with them and their successors and assigns, are hereby constituted a body corporate, under the name of the Bank of Rockdale, to be located in the city of Conyers, in the county of Rockdale. Corporators. Corporate name and location. SEC. II. Be it further enacted by the authority of the same, That the capital stock of said company shall be fifty thousand dollars with the privilege of increasing it to one hundred thousand dollars said stock to be divided into shares of one hundred, dollars each and when there shall be twenty-five thousand dollars of said capital stock subscribed, and the same amount actually paid in, the said company may organize and commence business under this Act. Capital stock. Beginning business. SEC. III. Be it further enacted by authority of the same, That when the subscription authorized in the second section of this Act, shall be twenty-five thousand dollars or more, and when the same amount or more, in lawful money of the United States shall have been received by the commissioners provided for in this Act on account of subscriptions, then the said subscribers shall be and become a body corporate and politic, with continued succession, under the name of the Bank of Rockdale, and by that name shall exercise corporate powers, and be competent to contract and be contracted with, to sue and be sued, plead and be impleaded in any court having jurisdiction in the subject-matter involved, and shall have the power to take, receive, purchase and hold as security for or in payment of any loans or advances made, real, personal or mixed property, so far as may be necessary, for the safe and convenient prosecution of the business of said bank as a bank of discount and deposit, and afterwards sell and convey such property, real personal and mixed, and may execute and issue all such receipts, certificates, contracts, deeds and bills of sale or other instruments as may be necessary; and said bank shall have power to make and use, renew and alter at pleasure a corporate seal, and to do all acts and things necessary or proper to carry into effect the objects and purposes of this Act, and the business of said corporation not inconsistent with the laws of this State or of the United States. General powers. SEC. IV. Be it further enacted by the authority of the same, That said corporation shall have power to receive money on deposit; to lend and borrow money; take and give therefor such securities as may be considered best; to purchase and discount notes and bills of exchange, stocks and bonds; to make advances on cotton and other agricultural products, with liens thereon; to secure said advances

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by attaching bills of lading and otherwise, and to do all other acts it may deem advisable for the safe keeping and secure and profitable investment of its funds. Banking powers, etc. SEC. V. Be it further enacted by the authority of the same, That the business and corporate powers of said bank shall be exercised by a board of not less than three nor more than seven directors, to be chosen as hereinafter provided, who shall elect from their number a president: may declare by-laws for their government not inconsistent herewith; fix the number of said directors who shall be a quorum for the transaction of business, the days of meeting of said board and the salary of its officers. Each of said directors shall be a citizen of this State, and be owner, in his own name, of not less than five shares of stock, and said board shall have power to elect a vicepresident and cashier and such other officers as the interest and business of said bank may require. Directors and officers. SEC. VI. Be it further enacted by authority of the same, That the total liabilities to said bank of any person, or of any company, corporation or firm, including in the liabilities of the company or firm the liabilities of the several members thereof, shall at no time, nor by any construction or device, exceed one-tenth part of the amount of the capital stock of said bank paid in; but the discount of bills of exchange drawn in good faith, and the discount of commercial paper actually owned by the parties negotiating the same, and loans payable on demand, and securities convertible in the open market, shall not be considered as any portion of said liabilities, and no director, stockholder or officer of said bank shall, by virtue of said position, holding an office, be entitled to enjoy any advantage, preference or privilege in the use of the funds of said bank which might not otherwise be extended to them. Limitation upon power to lend money, etc. SEC. VII. Be it further enacted by authority of the same, That the directors of said bank may annually or semi-annually declare a dividend of so much of the net profits as they may judge expedient after defraying its expenses and paying its debts, but before declaring such dividends they shall carry one-tenth of its net profits of the preceding year or half year to its surplus fund, until the same shall amount to twenty-five per centum of its capital stock (but it shall not be lawful for them to create or accumulate a surplus of its profits exceeding one hundred per centum of their paid up capital), and in estimating the net profits of said bank no assets shall be accounted as solvent which are over six months past due and unsecured and not in process of collection, and all such insolvent debts shall be charged off before such surplus is set aside or any dividend declared. Dividends. Surplus. SEC. VIII. Be it further enacted by authority of the same, That the Board of Directors shall issue to each stockholder certificate of stock truly representing his or her interest, and such stock shall be bound to the company for any dues or other indebtedness by such stockholders of the company, and no stockholder who may be indebted to said bank, either as principal, security or indorser, shall, while so indebted, sell or transfer the stock held by him or her without the consent of the president and directors of said bank, and

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all sales and transfer of stock in said bank must, in order to be valid, be made on the registry and transfer books of the company by the owner of the stock or his lawfully appointed attorney in fact; and the Board of Directors may close the transfer books, from time to time, as provided by their by-laws, as the convenience of the bank may require. Certificates of stock. Transfers of stock. SEC. IX. Be it further enacted by the authority of the same, That the persons named in the first section of this Act, or any two of them, or their successors or assigns, shall be, and they are, hereby appointed commissioners to open books of subscription to the capital stock of said bank, at such time and place, and to keep them open for such length of time as they may deem proper, but for no less amount of subscription than twenty-five thousand dollars, as hereinbefore provided. The directors of said bank shall be elected by a majority in interest of the stockholders thereof voting at such election, under the inspection of said commissioners, at such place as they may designate, within ten days from the closing of the subscriptions called for by them, and on the second Monday in every year thereafter. No election shall be valid when a majority of the whole stock paid in is not represented, and in any election for directors, and in all questions that may come before any convention of stockholders, each share of one hundred dollars shall entitle the owner to one vote. Vacancies occurring in the Board of Directors during the intervals of election may be filled by said board; and it shall be the duty of the president of said bank to prepare and lay before the stockholders thereof semi-annual statements of the business and the condition of the bank, its assets and liabilities, and to make such returns to the State as are now, or may hereafter be, required by law to be made. Books of subscription. Organization. Votes of stockholders. Vacancies. Statements and returns. SEC. X. Be it further enacted by the authority of the same, That should there be no election of directors at its annual meeting as herein provided, the directors then in office shall continue until the next election, in which the majority of the stock shall be represented in person or by legal proxy and until their successors are duly elected and enter upon the discharge of their duty. The minutes of the Board of Directors shall be kept in a book provided for that purpose and signed by the president, chairman or secretary, and these minutes shall, at all times, be subject to the inspection of any stockholder. Failure to elect directors at regular meetings. Minutes. SEC. XI. Be it further enacted by the authority of the same, That after twenty-five thousand dollars or more, by installments, have been paid in in lawful money of the United States, said company may organize and elect directors, and from its body elect a president, and when such organization shall have been perfected such directors shall call in the balance of such subscription in such amounts and at such times as they may deem best for the bank. Payments for stock. SEC. XII. Be it further enacted by the authority of the same, That in case any subscriber to the stock of the company shall fail or refuse to pay any of the assessments or calls for payment which may be made by the commissioners or Board of Directors within

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the time required as aforesaid, the Board of Directors may, at any time thereafter, proceed to enforce the payment of the entire indebtedness for such subscriptions to stock of such defaulting subscriber by bringing suit therefor in the courts of the State, city or county where said defaulting subscriber resides. Failure to payment stock. SEC. XIII. Be it further enacted by authority of the same, That in all elections stockholder may ballot by proxy as well as by themselves: that a director, when he cannot attend a meeting of the directors, may empower another to vote for him on all questions that may or shall come before said Board of Directors for action in his absence. Proxies. SEC. XIV. 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 debts of said corporation to the extent of his or her unpaid shares of stock, and each 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 stockholder 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 stockholder 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. XV. Be it further enacted by the authority of the same, That this Act shall take effect immediately upon its passage, and shall continue in force for thirty years thereafter; and said company shall have a printed copy of this charter placed in a frame in their office, so that all persons may see the same who wish to transact business with said bank. Term of charter. Printed copy to be exposed in office. SEC. XVI. Be it further enacted by authority of the same, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved October 15, 1891.

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INCORPORATING THE FARMERS' AND MERCHANTS' BANK OF HARTWELL, GEORGIA. No. 706. An Act to incorporate the Farmers' and Merchants' Bank of Hartwell, Georgia, and for other purposes. SECTION I. Be it enacted by the General Assembly of Georgia, That A. J. McMullan, E. N. Mason, Harrison Agnew, T. L. McMullan, R. T. Buffington, John Snow, T. W. Teasley, Robert J. Myers, W. H. Teasley, James W. Smith, [Illegible Text]. H. McMulland, and such other persons as may be hereafter associated with them and their successors, be, and they are, hereby created a body corporate and politic under the name of the Farmers' and Merchants' Bank of Hartwell, Georgia, and under said name may sue and be sued, plead and be impleaded, acquire and hold real estate and personal property, and sell the same when they may so desire, and do everything necessary to carry out the purposes of this Act. Corporators. Corporate name and general powers. SEC. II. Be it further enacted, That the capital stock of said corporation shall be twenty-five thousand dollars, or two hundred and fifty (250) shares of one hundred ($100) dollars each, with the privilege of increasing the same to any amount not exceeding one hundred thousand ($100,000) dollars or one thousand (1000) shares of one hundred ($100) dollars each, in the discretion of the Board of Directors, hereinafter provided, and after the same shall have been authorized by a vote of the stockholders, at a meeting called for that purpose, the stockholders shall pay in one-half of their stock, whenever the Board of Directors may call for the same, and the other half of said capital stock not earlier than twelve months from the first call. Capital stock. Payments for stock. SEC. III. Be it further enacted, That so soon as two hundred and fifty shares shall be subscribed, after five days' notice given by any three of the incorporators in the Hartwell Sun, said corporation shall have the right to organize and elect a board of seven directors, and as soon as five thousand dollars of the capital stock is actually paid in, said bank shall have the right to commence business. Each share shall represent one vote, and a majority of the entire capital stock of the bank shall, at any meeting, constitute a quorum. Stockholders may vote by written proxy, the same being voted by a stockholder. The principal office of said Farmers' and Merchants' Bank shall be in the town of Hartwell, Georgia, but may be moved by a two-third vote of the stockholders. The stockholders shall, by ballot, elect the directors, four of whom shall constitute a quorum to transact business. Said board shall elect from their body a president and a vice-president and all officers of said corporation must be stockholders in the same. The Board of Directors shall have the authority to elect such officers as they may deem necessary for carrying on the business of said bank, prescribe their duties and fix their compensation. Organization. Votes of stockholders, etc. [Illegible Text] Directors and officers.

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SEC. IV. Be it further enacted, That the Board of Directors first elected shall hold until the first day of September thereafter. After the first election the annual meeting of the stockholders shall be on the first Tuesday in June of each year, at which time the Board of Directors as aforesaid shall be chosen. The term of the Board of Directors chosen after the first election shall commence on the first business day in September after their election, and terminate on the first business day of September following; provided , that each Board of Directors shall act until their successors are elected and qualified. In case of a vacancy in the Board of Directors, the same may be filled by said Board of Directors, and in case of a failure to hold the regular annual election, said board may order an election after giving five days' notice, as prescribed in section 3 of this Act. Annual meetings of stockholders. Election and term of directors. Vacancies. Failure to hold regular elections. SEC. V. Be it further enacted, That said Board of Directors shall have full power and authority to manage and control the business of said bank; to establish all rules and by-laws for its government; to provide for all cases of defaults made by any stockholder in the payment of installments aforesaid, for the sale or forfeiture or transfer of stock, and to do everything necessary or proper to carry out the purposes of this Act. By-laws, etc. SEC. VI. Be it further enacted, That said Farmers' and Merchants' Bank shall have the right to do a general banking business; to receive deposits, discount paper, buy and sell exchange; to acquire and hold real and personal property and sell the same when they may so desire, and to perform all acts usual in such cases; said bank shall have authority to loan money on real estate, or such security as said Board of Directors may see fit, at any rate of interest that may be agreed on in writing, not in excess of the highest contract rate allowed by law; but said bank may make loans for any time agreed on and charge interest for the full time and include the same in the note or other security given therefor, and may collect the interest when the loan is made without any rebate of interest thereon. Banking powers etc. Loans and interest. SEC. VII. Be it further enacted, That the directors of said bank may annually declare a dividend of so much of the net profits as they shall deem expedient, but before declaring such dividend they shall carry over at least one-tenth of its net profits of the preceding year, as a surplus fund. Dividends. Surplus. SEC. VIII. Be it further enacted That the said corporation shall be responsible to its creditors to the extent of its capital and its assets, and that 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 stockholders 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

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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 stock and assets of said bank. Liability of corporation and stockholders for debts of corporation. SEC. IX. Be it further enacted, That said bank shall have a lien by operation of law, superior to all other liens, except for taxes, on the stock of each stockholder in said bank for any debt due said bank by said stockholder. Lien stock for [Illegible Text] to corporations. SEC. X. Be it further enacted, That said bank shall receive no deposits until five thousand dollars of its subscriptions have been been paid in. This charter shall continue of force for thirty years, with the privilege of renewal. When deposits may be received. 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 October 17, 1891. INCORPORATING THE MERCHANTS' AND FARMERS' BANK OF AMERICUS. No. 724. An Act to incorporate the Merchants' and Farmers' Bank of Americus, Georgia, 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 G. W. Glover, Liston Cooper, P. A. Jackson and W. S. Murphey, and such other persons as may hereafter be associated with them, and their successors and assigns, are hereby constituted a body corporate under the name and style of the Merchants' and Farmers' Bank of Americus, State of Georgia, and by that name shall have continuous succession, and may sue and be sued, plead and be impleaded in any court whatever, with such powers and privileges as are hereinafter provided. Corporators. Corporate name and general power. SEC. II. Be it further enacted, That the capital stock of said company shall be fifty thousand dollars, with the privilege of increasing the same to three hundred thousand dollars, from time to time, as may be deemed best by the Board of Directors at any regular or special meeting of said board, but no increase of stock shall be valid unless by the consent in writing of the owners of two-thirds of all the paid up stock, or by a vote of two-thirds of all the paid up stock at any of directors' meeting called for that purpose, said vote to be by ballot, naming the number of shares voted upon and stating for or against the increase. Capital stock.

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SEC. III. Be it further enacted, That the stock of the said Merchants' and Farmers' Bank shall be divided into shares of one hundred dollars each, and when there shall be fifty thousand dollars of said capital stock subscribed, and fifty per cent. thereof actually paid in in lawful money of the United States, the said company may organize and begin business in the city of Americus, in this State, under this Act. Par value of stock. Beginning business. Location. SEC. IV. Be it further enacted, That the said company may receive deposits, buy and sell exchange, discount notes, drafts and other evidences of indebtedness, loan and borrow money, take and give therefor such securities as may be deemed best; invest its funds upon such terms as they may consider best. The said corporation shall have power to take mortgages on real estate to secure its loans, and such other valuable collaterals or indorsements as they may deem best for the security of any indebtedness to the bank, and to perform all such legal acts as may be necessary to enforce the payment or fulfillment of any contract made by or with them, and may charge and collect such storage as may be agreed upon between said bank and the party or parties so buying or selling any bonds, bills of exchange or promissory notes, securities or credits, and shall exercise and enjoy the general banking privileges, not inconsistent with the laws of the State and of the United States; to buy and sell real estate. Banking powers, etc. SEC. V. Be it further enacted, That the business and corporate power of the company shall be vested in a board of not less than three nor more than eleven directors, who shall have power to elect from their number a president and vice-president, also to appoint a cashier, assistant cashier of the bank and fix their salaries. All elections for directors shall be held annually on the second Tuesday in October, or as soon thereafter as practicable. They also shall have power to make such by-laws for the government of their body and its business as they may deem expedient; provided , such by-laws be not in conflict with the laws of the State and the United States. Directors and officers. SEC. VI. Be it further enacted, That the corporators named in the first section of this Act, or a majority of them, may open books of subscription to the capital stock of said company in some convenient place in the city of Americus at such time as they may deem proper; and when fifty thousand dollars is subscribed, the said corporators or any one of them shall call a meeting of all persons who have subscribed to the capital stock of said bank to assemble at a time and place to be designated in a written or printed notice, which shall be sent to each person who has subscribed

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to the capital stock. At the time and place designated in said notice an election shall be held under the supervision of the said corporators for a Board of Directors. Each share of the capital stock shall be entitled to one vote. The parties receiving the largest number of votes shall be declared duly elected, and the Board of Directors elected at the first meeting shall hold their offices until their successors are elected at the regular annual meeting and qualified. After said Board of Directors are duly elected they may organize and commence business, as provided in sections 3 and 5 of this Act. The balance of the fifty thousand dollars, or fifty per cent. of the capital stock remaining unpaid at the time of the organization, shall be paid by the subscribers as they shall be called upon by the cashier of said bank. The amount to be called for and time of payment are to be fixed by the Board of Directors by resolution at any regular or special meeting of said board. Books of subscription. Organization. Payments for stock. SEC. VII. Be it further enacted, That when each subscriber to the capital stock has fully paid the amount that they have subscribed, certificates of stock shall be issued to them for the number of shares owned by them, which shall be transferable only on the books of the bank, under such rules and regulations as may be fixed by the by-laws of the bank. Certificates and transfers of stock. SEC. VIII. Be it further enacted, That said corporation shall be responsible to its creditors to the extent of its capital stock 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 and stockholders for debts of corporation. SEC. IX. Be it further enacted, That this Act shall go into effect immediately upon its passage and shall continue in force twenty years. Term of charter. SEC. X. 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 October 19, 1891. INCORPORATING THE ATLANTA TRUST AND GUARANTEE COMPANY. No. 735. An Act to incorporate the Atlanta Trust and Guarantee Company, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That R. F. Maddox, S. M. Inman, J. Carroll Payne, W. L. Peel and H. S. Jackson, and such other persons as may hereafter be associated with them and their successors and assigns, are constituted a body politic and corporate by the name and style of Atlanta Trust and Guarantee Company, for the purpose of organizing a bank and maintaining and operating the same for a term of thirty years. Corporators. Corporate name and term. SEC. II. Be it further enacted by the authority aforesaid, That said corporation hereby organized as a bank be invested with the authority, if the corporation so chooses, to couple with the ordinary business of banking a safe deposit trust company. Its principal office and place of business shall be Atlanta, Georgia. Its capital stock shall be one hundred thousand dollars, with the privilege of increasing the amount not exceeding five hundred thousand dollars. May do business as bank and also as safe deposit trust company. Location. Capital stock. SEC. III. Be it further enacted, That the general powers of the corporation hereby created are to sue and be sued by the corporate name; to have and use a common seal, which it may alter at pleasure, and if no common seal, then the signature of the name of the corporation by any duly authorized officer shall be legal and binding; to purchase and hold real estate, necessary for the transaction of corporate business, and also to purchase and accept any real estate in payment; to establish by-laws, and make all rules and regulations, not inconsistent with the laws and constitution, deemed expedient for the management of corporate affairs; and to appoint such subordinate officers and agents, in addition to president, vice-president, cashier and teller, as the business of the corporation may require, designate the name of the office and fix the compensation of the officers. General powers. SEC. IV. Be it further enacted, That the following provisions and restrictions are coupled with said grant of

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powers: A failure to elect officers at the proper time shall not dissolve the corporation but those in office shall hold until the election or appointment and qualification of their successors. The term of all officers may be fixed by the by laws of the corporation, not, however, to exceed two years. Failure to elect officers at proper time. Terms of office. SEC. V. Be it further enacted, That the corporation may make by-laws, and make regulations concerning the subscription and transfer of stock; fix upon the amount of capital to be invested, increase the same at any time, if deemed advisable, divide the same into shares, fix time required for payment thereof, by the subscriber for stock, the amount to be called for at any one time, and in case of the failure of any stockholder to pay the amount thus subscribed by him at the time, and in the amounts thus called, a right of action shall exist in the corporation to sue said defaulting stockholder for the same, and there shall also be a lien on any installments of stock which have been paid for any balance unpaid on the amount of subscription of stock. By-laws, etc. Failure to pay for stock. SEC. VI. Be it further enacted, That the Board of Directors may consist of five or more directors, at the option of the corporation, to be elected either in person or by proxy, by a majority of the votes cast, each share representing one vote. A full and true record of all proceedings of directors shall be kept, and an annual statement of the condition of its affairs shall be transcribed on the minutes, subject at all times to the inspection of any stockholder. Directors. Minutes. SEC. VII. Be it further enacted, That the books of the corporation shall show the original and subsequent stockholders their respective interests, the amount which has been paid on the shares subscribed, the transfer of stock, by and to whom made, and also all other transactions in which it is presumed a stockholder or creditor may have an interest. Books must show what. SEC. VIII. Be it further enacted, That the amount of any unpaid stock due from a subscriber to the corporation shall be a fund for the payment of any debts due from the corporation, nor shall any transfer of stock by any subscriber relieve him from payment, unless his transferee has paid up all or any balance due on said original subscription. Amount of unpaid stock a fund for payment of debts. Transfers of stock. SEC. IX. Be it further enacted, That the right to repeal annul or modify this charter is reserved. If it is repealed or if the amendment or amendments proposed, being not merely auxiliary but fundamental, is or are rejected by a vote of the stockholders, at a meeting called for that purpose, representing more than one-half of the stock, the corporation shall continue to exist for the purpose of winding up its affairs, but not to enter upon any new business. If the amendments or modifications, being fundamental, are

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accepted by a majority as aforesaid, and minors, married women or other person under disability, or any stockholder, not agreeing to the acceptance of said modifications, shall cease to be a stockholder, and the corporation shall be liable to pay said withdrawing stockholder the value of his stock, whatever that may be; provided , that the claims of all creditors are to be paid in preference to any withdrawing stockholder. Repeals, amendments, etc., of charter. SEC. X. Be it further enacted, That a majority of the Board of Directors shall constitute a quorum to transact business, and elect or appoint all officers. The first Board of Directors shall consist of five or more corporators, but after the issuance of the charter, the number of directors may, by them at any time, be increased or diminished. Quorum of directors. Number of directors. SEC. XI. Be it further enacted, That the said corporation shall be invested with the right and power to receive money on deposit, allowing therefor to the depositor (if the corporation chooses to contract) interest at a rate not to exceed three per cent. per annum; to discount promissory notes, bills of exchange or other evidence of debt, buy and sell the same, deal in gold, silver, bullion, bonds, stocks or other securities generally, advance money upon a pledge or mortgage upon real or personal estate, and sell the same, and have or possess all other rights which appertain and belong to a banking institution, except the power to issue notes for the purpose of currency, which power is hereby withheld; provided , that nothing herein contained shall be construed to authorize the carrying on the business of pawnbroker coupled with said privileges as a bank. Banking powers,etc. SEC. XII. Be it further enacted, That the corporation shall have the power to take and receive on deposit, specially as bailee, any jewelry, plate, money, specie, securities, valuable papers, or other valuables of any kind; and upon a consideration to be agreed upon by the parties, to guarantee the safety, preservation and redelivery of same; and also said corporation to have the power to guarantee the payment of bonds and mortgages owned by other persons, or to guarantee titles to real estate for a consideration to be agreed upon by the parties. Safety deposits. Guaranty powers. SEC. XIII. Be it further enacted, That said corporation shall have the right and power to accept and execute all trusts of every kind, which may, with its consent, be imposed upon it by any person or corporation, whether the trust be that of guardian, executor, trustee, the committee of an estate of a non compos mentis , or any other trust; the said corporation being hereby invested with the power to act in such fiduciary capacity as fully as if the corporation were a person in being. Trusts. Guardian, executor, trustee,etc.

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SEC. XIV. Be it further enacted, That the said corporation shall have the right to construct a vault on it real estate, or to rent any other vault already constructed, which, in the judgment of the directors, will provide reasonable means of safety against loss by theft, fire or other cause, in which vault may be fixed or placed safes, boxes or receptacles for the keeping of jewelry, diamonds, gold, bank notes, bonds, notes and other valuables, which boxes, safes or receptacles may be rented by the corporation to other persons or corporations, on such terms as may be agreed upon by the parties; but it is understood that in no event shall the corporation be liable for the loss of said jewelry, diamonds, gold, bank notes, bonds, notes or other valuables thus loss by theft, robbery, fire or other cause, the said corporation not being the insurer of the safety of said property, nor in any manner liable therefor. The corporation is not required to take any note of property thus deposited, as the person who rents the safe, box or receptacle is for the term of his lease the owner thereof. Vault. Corporation not liable for loss of valuables deposited. SEC. XV. Be it further enacted, 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 stockholder, 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 and stockholders for debts of corporation. SEC. XVI. Be it further enacted, That every six months the president and cashier shall publish in a newspaper printed in the county where the office is situated, a statement of the affairs and condition of the company. Statement of condition of corporation to [Illegible Text] published. SEC XVII. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and they are, hereby repealed. Approved October 20, 1891.

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INCORPORATING THE WOODBURY BANKING COMPANY No. 736. An Act to incorporate the Woodbury Banking Company, 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 A. P. Dixon, R. T. Powell, Dr. I. T. Dixon, W. M. McLendon, W. A. Wales, J. F. Sutton, J. A. Gill, Herman Hirsch, F. J. Williams, J. D. Sutton and such other persons as may hereafter become associated with them, and their successors and assigns, shall hereafter be a body politic and corporate, with continuous succession, under the name and style of The Woodbury Banking Company, and by said corporate name shall be competent in law to contract and be contracted with, sue and be sued, plead and be impleaded, in any court having jurisdiction over the subject-matter involved; to receive, purchase, own, hold and use property of all descriptions, and alien, convey, lease and mortgage and otherwise dispose of the same in any manner that a natural person might lawfully dispose of similar property. Said corporation shall have power to make, use, renew and alter, at pleasure, a corporate seal, make by-laws not inconsistent with the laws of the land, and do all acts and things necessary or proper to carry into effect the objects and purposes of this Act, and to exercise in general all the powers incident to corporations and necessary and proper for the transaction of the business for which it is incorporated. The said corporation shall be located in Woodbury, Meriwether county, Georgia. Corporators. Corporate name and general powers. Location. SEC. II. Be it further enacted, That the capital stock of this corporation shall be twenty-five thousand dollars, to be divided into shares of one hundred dollars each; but it shall have power, after said stock shall have been paid up, to increase its said capital stock, from time to time, to any sum not to exceed one hundred thousand dollars whenever it may be deemed expedient by the stockholders in meeting assembled, two-thirds of the entire stock being voted in favor of such increase before the same can be effected. Said corporation is hereby authorized to commence business as soon as twelve thousand five hundred dollars shall be paid in upon said capital stock, and the Board of Directors shall be authorized to call in the balance of said capital stock in such installments and at such times as may be deemed necessary by said board. Capital stock. Beginning business, etc.

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SEC. III. Be it further enacted, That the persons named in the first section of this Act, or any three of them, are hereby appointed commissioners, with power to open books of subscription to said capital stock at such times and places, and for such length of time as they may deem best and when twenty-five thousand dollars of stock shall have been subscribed for, ten dollars on each share shall be at once paid in cash to said commissioners; thereupon said commissioners shall cause notice to be given the subscribers requiring them to assemble at the time and place named in the notice to organize this incorporation, and elect a Board of Directors and other officers. On assembling of the subscribers, or such of them as may choose to attend, in person or by written proxy, they shall proceed to hold an election for the first Board of Directors (which shall consist of seven) for this corporation, under the supervision of said commissioners, who shall declare the result of said election and turn over to said board so elected the money subscribed on account of said stock, the charter and subscription lists, and thereupon this corporation will be organized. All subscriptions to the capital stock shall be binding upon the subscribers and upon their heirs and assigns and legal representatives, and shall be payable in such installments as the directors may require; and if any stockholder shall fail to pay any such installment in sixty days after the same is due, his stock shall be in default, and the same shall be sold out to the highest bidder for cash, on the first Tuesday in any month, before the court-house door in said county, during the legal hours of sale, or otherwise, upon such notice and advertisement as may be deemed necessary by the Board of Directors, and said stock may be bought in by and for said corporation and be reissued to some other person, upon his paying the value of the same, including unpaid installments, the delinquent stockholder receiving the surplus, if any, over and above the expenses incident upon said sale, including attorneys' fees, if any, and any deficiency in the sum received at said sale necessary to make the amount due on said stock and all of said expenses shall be made good to said corporation by said delinquent stockholder. A new certificate of stock shall be issued to the purchaser, and he shall stand in the same relation to said corporation as the delinquent would have done had he not so made default. If installments on the stock are paid during said sixty days, the stockholder so paying shall also pay interest from the time said amounts were due. Each stockholder shall be entitled to one vote for each share, and such vote may be given in person or by written proxy, and a plurality of voters shall elect. Books of subscription. Organization. Payments for stock. Failure to pay.

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SEC. IV. Be it further enacted, That the corporate powers of said corporation shall be vested in and exercised by the Board of Directors who shall serve one year and until successors are elected, except the first board which shall serve until successors are elected, and who shall choose out of their own number a president and vice-president and shall appoint such officers and agents as may, in their judgment, be necessary, fix their salaries and define their duties, requiring of any officer or agent so appointed such bond and security as may be deemed by said board proper to secure the faithful discharge of the duties of the trust reposed in them. Said Board of Directors shall have power to make by-laws for the management of the affairs of said corporation and to do all things necessary for the protection of its interests in conformity with the provisions of this Act, subject to revision, modification or repeal by the stockholders in meeting or convention assembled. The directors shall have power to declare dividends out of the earnings of said corporation, and to fill all vacancies in their board. No person shall be a director who does not own in his own name at least five unpledged and unincumbered shares of stock, and whenever any director ceases to own that amount of stock, unpledged and unincumbered, the board shall declare such person to be no longer a director and proceed to fill such vacancy. Certificates of stock shall be issued to the stockholders in such form and transferred in such manner as the directors may prescribe, but no transfer or assignment of shares shall operate to release any stockholder from any obligation to the corporation without the consent of the board. The regular annual meeting of the stockholders for the election of directors shall be held at the principal office of the corporation in Woodbury on the second Tuesday in January of each year, but if no election shall be held on that day it may be held on any other subsequent days elected by the Board of Directors, notice having been given in the newspapers wherein the legal advertisements of said county are published for ten days prior to the time of said election; and if the Board of Directors should, within thirty days after said second Tuesday, fail to make a call for the meeting for election as above, then the stockholders representing two-thirds of the shares may do so, on the same notice as above. The Board of Directors shall have power to call a meeting or convention of the stockholders whenever said board may deem it proper to do so upon giving the notice above provided. Any member of the stockholders of said corporation who owns or represents, at the time, two-fifths of the capital stock may, by giving twenty days' notice thereof in the

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above named newspaper, call a meeting of all the stockholders of the corporation at such time and place in the town of Woodbury as may be in such case designated, but no act of the stockholders in the meeting shall be valid or binding on the corporation unless a majority of the stockholders in value shall be represented, except the election of directors. Nothing herein provided for shall prevent the Board of Directors from calling a meeting of the stockholders whenever said board may deem it proper to do so. Directors and officers. Certificates and transfers of stock. Annual meetings of stockholders, etc. Called meetings. SEC. V. Be it further enacted, That the Woodbury Banking Company shall have power and authority to receive money on deposit and to issue certificates of deposit on any lawful terms agreed upon; to loan and borrow money and to take and give therefor such securities as may be considered best; to make advances on real and personal property, or both; to invest its funds in such manner and upon such terms as it may deem best, and to transfer its property at pleasure; to receive valuables and other articles of personal property of any sort or kind, including certificates of stock, securities and other evidences of the same, or of titles thereto on deposit for safe keeping, from any person or persons, as well as from executors, administratars, guardians, receivers, trustees, corporations, public and private officers, and all other fiduciaries, the said corporation charging and receiving therefor such sums of money as may be agreed upon; to deal in precious metals, foreign and domestic exchange; to buy, sell and discount or collect promissory notes, bills of exchange, bills of lading, contracts, claims, receipts, rents choses-in-action of any kind whatever, mortgages, bonds, stocks, securities and evidences of debt generally; to buy, sell, rent, improve, mortgage, lease, manage or otherwise to have, hold, operate or control any real or personal property in this or any other State or Territory of the United States; to receive deposits of money for investment purposes on such lawful terms as may be agreed upon, and to issue receipts or certificates therefor; to negotiate, buy or sell for others, stocks, bonds, bills of exchange, promissory notes, rents, mortgages, choses-in-action, securities and personalty of all kinds, and real estate in this or any other State or Territory of the United States; to advance and loan money on the same and to negotiate advances and loans upon the same, and to invest funds for others generally, upon such lawful terms and conditions as may be agreed upon by and between said corporation and those with whom it may deal; to receive from persons or corporations, mortgages or deeds, conveying property, real or personal, in trust to said corporation, securing negotiable notes or bonds,

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with or without coupons, not bearing a greater interest than the highest contract rate fixed by law of this State, upon such terms and subject to such powers, conditions and limitations as may be agreed upon and not in conflict with the laws of this State, and which terms, powers, limitations and conditions shall be made and subscribed by the persons or corporations so executing and delivering such mortgages or deeds in trust, and to sell or negotiate such notes or bonds so secured or allow to be sold or negotiated by such persons or corporations so executing and delivering same on such terms as may be agreed upon; provided , that for such services of negotiating or selling or receiving and paying over proceeds of the sale of said note or notes, bond or bonds, to the persons or corporations executing the same, said corporation shall in no case charge a larger compensation than the commission now allowed by law to trustees for receiving and paying over moneys; to execute and issue its own debentures, bonds or other evidences of debt, bearing interest not exceeding the highest contract rate allowed by the laws of Georgia, single or in series, or in classes of any denomination, properly secured upon property placed with said corporation for said purposes, or upon property owned or held by it; to guarantee, insure or indorse interest bearing loans, notes, bonds, debentures or other evidences of debt, when said corporation is fully secured, and to negotiate and issue or cause the same to be issued for value; to guarantee or insure titles to real estate for valuable consideration; to execute and to issue, demand, receive and enforce all such receipts, certificates, contracts, bonds or other instruments of writing as may be necessary for the transaction of its business; to receive savings on deposit under such requirements and regulations as may be prescribed by the Board of Directors and to do a general banking, exchange, savings bank, loan and trust company business, and to do all acts as may be considered by it advisable and best for carrying on the same. Banking powers, etc. SEC. VI. Be it further enacted, That said corporation, after twenty-five thousand dollars shall have been paid in on its capital stock, shall have power to accept and execute the office and appointment of the executor of the last will and testament of any person, and of guardian when appointed as such by will but not otherwise, and the Ordinaries of this State are authorized to grant letters testamentary to said corporation when it is appointed executor of any will. Said corporation shall have the power to accept and execute the office of agent, assignee, receiver or trustee of every kind whatever, whether such office or appointment shall be conferred

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by any person or persons, or by any corporation, public or private, or by any court either of the United States or of this State. The capital stock, assets and property of this corporation shall be absolutely liable for the faithful management of the trusts confided to its care as executor, guardian or trustee, agent, assignee or receiver as aforesaid; provided , that nothing in this Act shall be construed to exempt the said corporation from giving the bond required by law in the matter of administratorship and guardianship. May be executor, guardian, receiver, trustee, etc. SEC. VII. Be it further enacted, That said corporation shall have power to act as fiscal agent for the State of Georgia or for any other State or for any county, city, town, corporation or municipality whatsoever for negotiating, issuing, registering, selling and countersigning bonds, certificates of stock or other obligations, and for paying bonds, coupons, certificates of stock or other obligations, or for guaranteeing the payment of such bonds, certificates, obligations or coupons, and generally for managing such business for compensation as may be agreed upon. When the management of any estate or fund is vested in said corporation under the provisions of this Act, said corporation may be sued in the county in which the appointment was made, and it shall be the duty of said corporation to have an agent in every such county upon whom service can be perfected, and in case it fails to have such agents, it may be served by publication as non-resident defendants in equity cases are now served. That when said corporation may have moneys in its hands (acting in any of the foregoing fiduciary capacities), it may invest the same in bonds of public debt of the United States or of this State, with like freedom from liability as though ordered to do so by the will, deed or other investment or order or decree of court creating the trust; provided , such investment be not contrary to any of its directions. That said corporation shall not be obliged to convert into cash or change any investment of stocks, bonds or other securities which may not come into its hands when acting in any of the aforesaid official or fiduciary capacities, unless directed by deed or will, or otherwise required to do so for the payment of debts, expenses or pecuniary legacies. That whenever any court shall appoint said corporation as trustee, assignee or receiver, or deposit with said corporation any moneys, such court may, at any time, appoint a suitable person to investigate the condition and management of said corporation, who shall report to said court his opinion of the safety and prudence of its investments and of the integrity and ability with which its affairs are conducted, and the security offered, and the reasons and figures supporting said

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opinion. The Governor of this State may, if he sees fit, cause such examination to be made annually, or oftener, if, in his opinion, any emergency should require it. Fiscal agent. [Illegible Text] [Illegible Text]. Service of [Illegible Text]. Investment of trust funds. Investigation of condition and management of corporation. SEC. VIII. Be it further enacted, That married women and minors shall be competent to make deposits with said corporation of money or otherwise, and their checks, receipts for same shall be a sufficient discharge to said corporation, and any contract made by them with said corporation as to said deposits shall be valid and binding in law, and such deposits shall not be subject to the claims, control or debts of the husband of such married women, or of the parents or guardians of such minors. Deposits by married women and minors. SEC. IX. Be it further enacted, That said corporation shall have its principal office in the town of Woodbury, Georgia, but may do and transact business within its corporate scope anywhere in the United States of America, and may establish agencies for transacting of its business at any place within the State of Georgia, or elsewhere, and may delegate to them such powers as may be necessary for the business of such agencies or branches. Principal office and agencies. SEC. X. Be it further enacted, 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 stockholders 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 and stockholders for debts of corporation. SEC. XI. Be it further enacted, That this charter shall be of force and effect for the term of thirty years from the date of the organization of said corporation. Term of charter. SEC. XII. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved October 20, 1891.

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INCORPORATING THE TALBOT BANKING, LOAN AND INVESTMENT COMPANY. No. 777. An Act to incorporate the Talbot Banking, Loan and Investment Company of Talbotton, Georgia, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That W. J. Weeks, O. D. Gorman, H. B. Kimbrough, L. A. Baldwin, J. M. Heath, R. Leonard, J. S. Persons, S. P. DeLoache and J. J. Bull, their associates, successors and assigns, be, and they are, hereby constituted and declared a body corporate and politic for thirty years, under the corporate name and title of the Talbot Banking, Loan and Investment Company of Talbotton, Georgia, and by said corporate name may contract and be contracted with, sue and be sued, plead and be impleaded in any court having jurisdiction over the subject-matter involved; to receive, purchase, sell, own, hold and use property of all descriptions necessary and proper for its use, for the prupose for which it is incorporated, and alien, convey, lease, mortgage and otherwise dispose of the same in any manner that a natural person might lawfully use similar property. Said corporation shall have power to make, use, renew and alter at pleasure a corporate seal, make by-laws not inconsistent with the laws of Georgia, and do all acts and things necessary or proper to effect the objects and purposes of this Act, and to exercise in general all the powers incident to corporations, and necessary and proper for the transaction of the business for which it is incorporated. Corporators. Corporate name and general powers. SEC. II. Be it further enacted, That the principal office, place of business and residence of said corporation shall be in the town of Talbotton, Georgia, and a majority of the Board of Directors shall at all times reside in said town; but petitioners desire the privilege of transacting business anywhere within the State of Georgia, or in any other State, whenever it may be to the interest of said company or association; to establish branch offices whenever it may be deemed expedient; to create general and local boards of directors for the management of said business; to appoint such attorneys, agents and representatives as may be necessary to carry on the business of said association, and to confer authority upon them for that purpose. The object of said association shall be principally profit

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for its stockholders, the accumulation of a fund, which shall be paid in monthly installments, by the stockholders, lending the same on real estate, personal or other acceptable security, to the members of said association, or to persons not members thereof, taking deeds, mortgages, executions or other liens or personal security therefor; to sell or dispose of all such securities or any part thereof if deemed advisable; to make, issue and sell bonds or other obligations based on the security of the property held by the association; to buy, sell, own and deal in any real or personal property; to improve any such real estate by erecting buildings, machinery or other appliances for increasing the value thereof; to sell the same for cash, or on installments, and to do all other things necessary and lawful in the prosecution of said business and the proper management thereof. Principal and branch offices. Objects of association. SEC. III. Be it further enacted, That the capital stock of said association shall be ten thousand shares of the par value, when paid up, of one hundred dollars per share, with the privilege of beginning business whenever one hundred shares of said stock shall have been subscribed, and of increasing the said stock, from time to time, to an amount not exceeding twenty-five thousand shares, which stock shall be paid by successive monthly installments on each share after the manner of building and loan associations. Capital stock. Beginning business, etc. SEC. IV. Be it further enacted, That the said corporation shall have full power and authority to make loans upon any security, either real or personal, it may deem proper to make or negotiate to any party or parties, or corporation, for any length of time upon improved real estate security in this or any other State, said loans to be secured by first mortgage or trust deeds; and upon all such loans, it shall have the right to guarantee, if it may so desire, the payments of the principal and interest or either; and upon such loans, so received by mortgage or trust deeds, said company shall have and is hereby given the right to charge for expenses of investigating and abstracting titles, inspecting and reporting on property offered as security, and for making or negotiating or guaranteeing the payment of said loans with such sums in addition to the interest, not in excess of the legal rate, as may be agreed upon by the former and said corporation. The said corporation shall have power to invest money in real estate, personal property or other security, either for its own account, customers or clients, and to hold the same either in its own name or as agent or trustee for its customers and clients; to purchase or sell such real estate or personal property as shall

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be deemed best for its own use or profit, or necessary for the collection or security of any debt or claim to or in which the company may have an interest, either as principal, agent or trustee. That said company or corporation may make loans on real state or personal property or other security at any rate of interest, not exceeding the highest rate allowed by law, and may charge interest for the whole time and include the same in the note or notes, mortgages, deeds or other security given therefor, and collect the same by monthly installments or otherwise without any rebate of interest thereon, the debtor so agreeing thereto by executing the note or mortgage, deed or other security aforesaid. Loans. Guaranty. Charges for investigating titles, etc. Investments, etc. Interest charges. SEC. V. Be it further enacted, That no person may become a shareholder in said corporation by transfer unless the same is done on the books of the company in accordance with its rules, and that said corporation shall have the first lien upon the stock or shares of each stockholder for any indebtedness that the stockholder may owe or be liable for to the corporation in any way or manner whatever. Transfers of stock. SEC. VI. Be it further enacted, That said corporation shall, as soon as ten thousand dollars are paid into the capital stock, have power to do a general banking business; to buy and sell exchange, discount notes or other commercial papers, receive deposits and do any and all things incident to banking business. That said corporation shall have power and authority to act as principal agent for any person or corporation, either to negotiate loans, to sell or buy securities or to make investments, and to charge and collect for such service such commission or compensation as may be agreed upon. Banking powers, etc. SEC. VII. Be it further enacted, 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 each 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

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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. 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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Part VI.Local Laws. TITLE I.MUNICIPAL CORPORATIONS. TITLE II.COUNTY OFFICERS. TITLE III.COUNTY AND CITY COURTS. TITLE IV.GAME, ETC. TITLE V.REGISTRATION. TITLE VI.ROADS AND BRIDGES. TITLE VII.EDUCATION. TITLE VIII.LIQUORS. TITLE IX.MISCELLANEOUS.

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TITLE I . MUNICIPAL CORPORATIONS. ACTS. Incorporating the Town of Acree. Amending Charter of Town of Acree. Amending Charter of Albany. Authorizing Straigntening of Jackson Street in Albany. Amending Charter of Athens as to Sewers. As to Establishing a Dispensary of Liquors in Athens. Amending Charter of Athens as to Improvement of Streets, etc. Amending Charter of Atlanta as to Tax-Receivers and Assessors, etc. Amending Charter of Atlanta as to Opening Streets, etc. Amending Charter of Atlanta as to Transfer of Bills and Executions for Paving, etc. Amending Charter of Atlanta as to Fees of Marshal and Clerk, Amending Charter of Atlanta. For Advancement of Causes to which City of Atlanta is a Party. Amending Charter of Atlanta as to Paving by Street Railroad Companies, etc. Amending Charter of Atlanta as to Opening Alabama Street, etc. To Prevent Person Holding Other Office Being Mayor or Councilman of Augusta. Mayor and Councilmen of Augusta Ineligible to Re-election for Period of One Term. Amending Act as to Sinking Fund for Augusta. Authorizing Tearing Down of Lower Market House in Augusta, etc. As to Fees of City Sheriff of Augusta for Collection, etc., of Tax Fi. Fas. Amending Act as to Board of Police Commissioners of Augusta. Registration of Voters in Augusta. Act as to Sinking Fund of Augusta Repealed. As to Clerk of Recorder's Court of Augusta. Amending Acts as to Board of Police Commissioners of Augusta. Extending Corporate Limits of Bainbridge. Prescribing Additional Penalties for Violating Ordinances of Bainbridge. System of Sewerage and Drainage for Bainbridge. Amending Charter of Bainbridge as to Opening Streets, etc. Amending Charter of Bainbridge as to Removal of Nuisances, etc. Authorizing Additional Ad Valorem Tax for Carrollton. Extending Corporate Limits of Carrollton. As to Providing Water Works for Carrollton. New Charter for Carrollton. New Charter for Clarkesville. Amending Charter of Clarkesville. New Charter for Columbus.

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Authorizing Commissioners of Commons of Columbus to Donate Certain Land to the Columbus Library Association, etc. Authorizing the Commissioners of Commons of Columbus to Donate Certain Land to the Columbus Board of Trade, etc. Changing Term of Mayor and Councilmen of Dalton. Board of Water Commissioners of Dalton. School Bonds of Dalton. Amending Charter of Dawson. For Protecting Water Supply of Dawson. Tax for Street Purposes for Elberton. Providing for System of Water-Works and Electric Lights for Elberton. New Charter for Flovilla. Amending Charter of Flovilla. Authorizing Condemnation of Private Property in LaGrange for Street Purposes. Water-Works and Electric Lights for LaGrange. Tax for Support of City Government of LaGrange. As to Term of Office, etc., of Mayor and Aldermen of Macon. Repealing Act of September 28, 1889, as to Bonds for Parking, Paving and Sewering Streets, etc. Repealing Act of September 28, 1889, as to Improvement of Streets of Macon. Register of Births, Deaths and Marriages for Macon. As to Payment of Sewerage and Drainage Bonds of Macon, etc. Authorizing Issue of Bonds for Sewerage of Macon, etc. Extending Limits of Macon. Authorizing Issue of Bonds for Water-Works for Macon. Incorporating the Town of Moultrie. Amending Charter of Moultrie. Amending Charter of Richland. Water-Works for Richland. Settlement of Bonded Debt of Rome. Creating Office of Recorder for Rome. Changing Corporate Limits of Rome. Amending Charter of Rome as to City Recorder. Creating Levee Commission for Rome, etc. Vesting Veto Power in Mayor of Savannah. Street Working in Savannah. Changing and Defining Western Limits of Savannah. Re-incorporating Town of White Plains. Incorporating Town of Cecil. Amending Charter of Tennille. Amending Charter of East Rome. Amending Charter of Harmony Grove. New Charter for Lithonia. New Charter for Zebulon. Amending the Charter of Stone Mountain. Amending the Charter of the Town of Blue Ridge. Incorporating Town of Unadilla. Amending Charter of Waycross. Incorporating Town of Roberta. Amending Charter of Quitman. Incorporating Town of Bishop. Amending Charter of Metcalfe. Amending Charter of Harlem. Incorporating Town of Ashburn. Incorporating Town of Turm. Incorporating Town of Seville. Incorporating the Town of New England City. Incorporating the City of Helena. Extending Corporate Limits of Americans. System of Water-Works and Sewers for Fort Valley.

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Incorporating the Town of Pearson. Incorporating the Town of Sasser. Re-incorporating the Town of Royston. Amending the Charter of Harrisonville. Incorporating the Town of Keysville. Incorporating the Town of Lake Park. Amending the Charter of Cornella. Incorporating City of Tifton. Incorporating the Town of Pendergrass. Empowering Mayor and Council of Griffin to Exchange Certain Property for Street Purposes. Incorporating the Town of Dexter. Incorporating the Town of Hazleburst. New Charter for Conyers. New Charter for Douglasville. Re-incorporating Town of Hampton. Re-incorporating Town of Watknisville. Incorporating the Town of Rhine. Amending Charter of Swainsboro. Incorporating the Town of Martin. New Charter for East Point. Incorporating the City of Chickamauga. Incorporating the Town of Nelson. Incorporating the Town of Stellaville. Incorporating the Town of Kite. Amending the Charter of Camilla. Incorporating the Town of Arabi. Incorporating the Town of Leary. New Charter for Stone Mountain. Amending Charter of Blakely. Amending Charter of Austell. Incorporating City of Hapeville. Amending Charter of Bowersville. Amending Charter of Mount Airy. Incorporating the Town of Hoschton. Incorporating the Town of Lovejoy. Amending Charter of Adel. Re-incorporating Town of Cusseta. Incorporating Town of Lyerly. Amending Act of November 13, 1889, as to Issue of Bonds by Forsyth. Incorporating the Town of Sycamore. Incorporating the Town of Hahira. Incorporating the Town of Culverton. Changing North Line of Waresboro. Incorporating the Town of Omaha. Amending Charter of Willacoochee. Amending Charter of Trion. Incorporating City of Manchester. New Charter for Madison. Incorporating Town of Elko. Amending Charter of Alapaha. Amending Charter of Trenton. Authorizing Town of Dublin to Grant Use of Marion Street to the Wrightsville and Tennille Railroad Company, and Macon, Dublin and Savannah Railroad Company, etc. Authorizing Ad Valorem Tax for Rockmart, etc. Amending Charter of Morganton. Incorporating City of Demorest. Incorporating the Town of Hiram. Incorporating the Town of Mount Vernon.

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Amending Charter of Geneva. Amending Charter of Dallas. Amending Charter of Jesup. Amending Charter of Wadley. Amending Charter of Blue Ridge. Amending Charter of Forestville, Changing its Name to North Rome, etc. Incorporating the Town of Rocky Mount. Extending the Corporate Limits of McRae. System of Water-Works for Buena Vista. Incorporating the Town of Dennard. Incorporating the Town of Cement. New Charter for Arlington. Amending Charter of Buford. Bonds for Water-Works for Town of Perry. Amending Charter of Tybee. Amending Charter of West End. Incorporating Town of Piedmont. Incorporating Town of Whitehall. Amending Charter of Milledgeville. Amending Charter of Sharpsburg. Incorporating Town of Spring Vale, Amending Charter of Hawkinsville. Incorporating Town of Milan. Providing for Public Library in Marietta. Amending Charter of Ellijay. Amending Charter of Eatonton. INCORPORATING THE TOWN OF ACREE. No. 66. An Act to incorporate the town of Acree, on the line of Dougherty and Worth counties, to define the limits of said town, to grant certain powers and privileges to the same, and for other purposes. SECTION I. Be it enacted by the General Assembly of Georgia, and it is hereby enacted, That B. W. Hill, C. E. Wilder, Lee Dees, W. C. Wilder, and J. T. Mayo be, and they are, hereby appointed and made a body corporate under the name and style of the Town Council of Acree, and they and their successors as such shall have perpetual succession capable in law to purchase, hold, and receive, lease, sell and grant any property for the use of said town, and shall in law be capable to sue and be sued, plead and be impleaded answer and be answered unto. Corporate name and general powers. SEC. II. Be it further enacted, That the corporate limit of said town of Acree shall embrace and include all that tract or parcel of land in Worth and Dougherty counties within the following boundaries to-wit: Beginning at a point

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on the Brunswick and Western Railway line where said railway line crosses the dividing line of Worth and Dougherty counties, and running four hundred and ten (410) yards east, thence north five hundred and seventy-seven (577) yards, thence west nine hundred and forty (940) yards, thence south eight hundred and twenty-seven (827) yards, thence east six hundred and twenty-two (622) yards, thence north two hundred and fifty (250) yards, to a point ninety-two (92) yards distant, in an eastern direction from the starting point. Corporate limits. SEC. III. Be it further enacted, That within thirty days from the passage of this Act, the council herein named shall organize by electing one of its members chairman, who shall be styled the mayor of the council, and who shall preside at each meeting of the same, and who shall be ex officio a Justice of the Peace so far as issuing warrants against any offender against the penal laws of this State within the corporate limits of said town, and bind them over to the Superior or County Courts, and in default of bond to commit them to the common jail of that county in which such offence was committed. Organization of municipal government. Mayor. SEC. IV. Be it further enacted, That the council herein named shall hold office until the first Saturday in October, 1891, when an election shall be held in said town, supervised as in elections for Justice of the Peace, for five members of the council, and all persons who are residents of said town who are entitled to vote for members of the General Assembly, shall be entitled to vote at said election, and the council shall be so elected annually in like manner. Term of first council. Elections. SEC. V. Be it further enacted, That the members of the council shall, before entering upon the discharge of their duties, take and subscribe to an oath, before some officer untitled to administer oaths, to fathfully enforce the laws and ordinances of the town of Acree during their continuance in office. Oath of councilmen. SEC. VI. Be it further enacted, That the council shall appoint at its first meeting a clerk and treasurer, a marshal, and, if necessary, a deputy marshal, and shall define their duties, fix their salaries and fees and prescribe their bonds and oaths. Clark and treasurer, and other officers. SEC. VII. Be it further enacted, That the council shall have full power and authority to enact all ordinances, by-laws rules and regulations, and enforce the same, necessary for the good government of said town, the peace, quiet and health of the citizens thereof, and for the protection and preservation of public and private property therein, to regulate or prohibit the sale of intoxicating liquors, wines or within the limits of said town. Ordinances by-laws etc.

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SEC. VIII. Be it further enacted, That said council shall have power to levy and collect a tax, not exceeding the rate of tax of the State, for the maintenance of the government of said town, upon all property, both real and personal, within said town and on all trades and professions; to tax all shows or exhibitions, peddlers, auctioneers, billiard tables, ten pin alleys and on all other games kept or played within the limits of said town. Taxation. SEC. IX. Be it further enacted, That the council shall have power to require all persons within the limits of said town, subject to road duty, to work on the streets of said town in such a way and for such time as they may deem necessary, or to levy and collect such street tax, in lieu of such work as they may deem just. Street work. SEC. X. Be it further enacted, That all executions for assessments, fines or penalties recoverable by this Act may be enforced by execution, which shall be issued by the clerk and be addressed to the marshal and to be levied by him, and property sold according to the ordinances of said town, unless the property so levied upon shall be real estate; then the marshal shall turn over to the sheriff of the proper county the execution, with the levy entered thereon, who shall proceed to advertise and sell as in other cases of levy and sale, and shall turn over to the clerk or treasurer the money arising from such sales. Executions. SEC. XI. Be it further enacted, That it shall be the duty of every citizen within said town to make annual returns to clerk of council under oath of all taxable property held in his or her name or in the name of any other person in said town; and in case of a failure to do so, the clerk may assess the value thereof, and fix a double tax therefor, as provided by the laws regulating tax returns in this State. Tax returns. SEC. XII. Be it further enacted, That a majority of the members of the council shall constitute a quorum for the transaction of any business and should, from any cause, a vacancy occur the remaining members may order an election to fill such vacancy by giving five days' notice thereof. Quorum of council. Vacancies. SEC. XIII. Be it further enacted, That the mayor of said town, or in his absence any two (2) members of the council, shall constitute a court for the trial of offenders against the laws and ordinances of the town, and shall have authority to call said court as often as may be necessary to clear the guard house and dockets of the court. Municipal court. SEC. XIV. Be it further enacted, That all laws and parts of laws conflicting with this Act are hereby repealed. Approved December 18, 1890.

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AMENDING CHARTER OF TOWN OF ACREE. No. 425. An Act to amend an Act incorporating the town of Acree, on the line of Dougherty and Worth counties, and for other purposes therein named, approved December 18, 1889, by enlarging and extending the corporate limits of said town, so as to include therein certain adjacent territory in Worth county. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted, That the corporate limits of the town of Acree, on the line of Dougherty and Worth counties, as defined in section 2 of the above recited Act, be and the same is hereby enlarged and extended, so as to embrace and include the following described territory, situate, lying and being in the county of Worth, to-wit: Beginning at the northeast corner of the present corporate limits and running due east four hundred and forty-five (445) yards; thence due south to Piney Woods creek; thence along said Piney Woods creek in a southwestern direction to the dividing line of Dougherty and Worth counties; thence north along said county line to the present southern boundary line of said town. Corporate limits extended. SEC. II. Be it further enacted, That all the powers, jurisdiction, rights and authority vested in the officers of said town of Acree, under and by virtue of the above named original Act of which this is amendatory, are hereby extended over the above described territory. Powers, etc. vested in town officers by Act incorporating town extended over new teritory. SEC. III. Be it further enacted, That all laws and parts of laws in conflict herewith are hereby repealed. Approved September 12, 1891. AMENDING CHARTER OF ALBANY. No. 31. An Act to amend the charter of the city of Albany, to create a Board of Police Commissioners, and for other purposes. SECTION I. Be it enacted by the Senate and House of Representatives in General Assembly met, That there shall be a Board of Police Commissioners connected with the municipal government of the city of Albany, which said board shall consist of five persons, citizens and freeholders of said city, and neither of whom shall be a member of the city council, either in the capacity of mayor or councilman. They shall be elected by the mayor and council. The first election shall be held at the last regular meeting of the retiring mayor and council in January, 1891. The terms for which they

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shall be elected are as follows; one for the term of one year, one for the term of two years, one for the term of three years, one for the term of four years, and one for the term of five years. At the last regular meeting of each retiring mayor and council in January in each succeeding year, an election shall be held to elect, for the term of five years, a commissioner to succeed the commissioner whose term may then expire. Should any vacancy occur in the board during the year, for any cause than the expiration of the regular term, an election to fill said vacancy shall be immediately held by the mayor and council, and such incumbent as elected, shall hold until the unexpired term shall expire and until his successor is elected and qualified. Each regular term shall begin at the date of election and close as hereinafter declared, and until a successor is elected and qualified. No person shall be eligible for election and membership on said board for two consecutive terms; provided, however , that any person filling an unexpired term may be eligible for election to the succeeding term. Police Commissioners. Number, [Illegible Text] etc. Election. Term of office. Vacancies. No person eligible for two consecutive terms. SEC. II. Be it further enacted by the authority aforesaid, That each member of said Board of Police Commissioners, before entering on the duties of his office, shall take and subscribe this oath of office before some officer authorized to administer it: I swear that I will faithfully and impartially demean myself as a Commissioner of Police during my continuance in office. I have not, in order to influence my election to this office of commissioner, directly or indirectly, expressly or impliedly promised my vote or support to any person for any office in the city of Albany, nor for any other office. I will not knowingly permit my vote in the election or appointment of any person to position on the police force to be influenced by fear, favor or affection, reward or the hope thereof; but in all things pertaining to my said office, I will be governed by my conviction of the public good. This oath shall be entered on the minutes of the proceedings of the board, and the original shall be filed in the office of the clerk of the city council. Oath of office. SEC. III. Be it further enacted by the authority aforesaid, That the Board of Police Commissioners thus elected and qualified shall have exclusive power, and it shall be their duty to appoint a marshal or chief of police, and such other police officers and policemen as it, or may be prescribed by city ordinance. This power extends to unexpired as well as to regular terms. They shall keep a record of their proceedings, and the clerk of the city council shall act as the clerk thereof; they shall hold a stated meeting each month, and such other meetings as the public interest may, from time to time, require; three shall constitute a quorum, with power to transact business; said Board of Police Commissioners shall serve without compensation or emolument; they shall exercise full direction and control of the officers and members of the police force, in conformity to existing ordinances and such as may be made applicable to the subject. Powers of board. Records and Clerks. Meetings. Quorum. Compensation. Control of police forces. SEC. IV. Be it further enacted by the authority aforesaid, That the police force of the city shall consist of a marshal or chief of police and such other officers and men as the city council shall prescribe;

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they shall take an oath faithfully and impartially to discharge the duties imposed on them by laws and the city ordinances, and shall give such bonds as may be required of them by city ordinance. Their several terms of office shall commence on Tuesday after the first Monday in January, and continue for one year. Composition of police force. Oath. Terms of office. SEC. V. Be it further enacted by the authority aforesaid, That their compensation shall be prescribed by ordinance, and shall not be increased or diminished during their respective terms. No extra pay or allowance or cash shall be made to them or either of them. It shall be their duty to make arrests in the manner prescribed by law, of persons violating the penal law of this State. They shall perform such other duties as may be imposed by law of the State, or ordinances of the city council. It shall be the duty of the marshal or chief of police to prosecute offenders before the Superior Court of Dougherty county and the county court of said county. For a failure to perform any duty required by law or the city ordinances, they may be suspended or removed from office by the Board of Police Commissioners. The mode of preferring accusations against them, and their trial, shall be prescribed by city ordinance. The city council shall also prescribe the manner of suspending until trial the marshal or chief of police, or any other police officer or policeman, when accusation is brought; and in all such cases the Board of Commissioners of Police may make appointments to the office or place of the suspended person; such appointee to hold during the suspension. Compensation. Duties. Failure to perform duties. Suspension. SEC. VI. Be it further enacted, That the Mayor and Council shall cause the entire police force of the city to be armed and so uniformed as to be readily recognized by the public as police officers, the arms only to be furnished at the expense of, and to remain the property of the city. Arms and uniforms. SEC. VII. Be it further enacted, That all laws and parts of laws in conflict with this Act are hereby repealed. Approved December 9, 1890. AUTHORIZING STRAIGHTENING OF JACKSON STREET IN ALBANY. No. 424. An act to authorize the Mayor and Council of the city of Albany, Georgia, to straighten that portion of Jackson lying between Broad street and the alley running east and west between Jackson and Washington streets and parellel with Broad and Commerce streets, by selling and deeding to R. N. Westbrook, for a specified sum, a certain portion of Jackson street dedicated to the city of Albany by Rust, Cheeve and others; to validate, legalize and confirm certain sales of a portion of Jackson street between said alley and Commerce street, heretofore made by the Mayor and Council of the city of Albany, Georgia, to John Moche and Jno. A. Davis, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State

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of Georgia, and it is hereby enacted by the authority of the same, That the mayor and aldermen of the city of Albany, Georgia, in order to straighten that portion of Jackson street lying between Broad street and the alley, and running east and west between Jackson and Washington streets and parallel with Broad and Commerce streets, are hereby authorized and empowered to sell and convey by deed to R. N. Westbrook, for the sum of two hundred and fifty dollars, that portion of said Jackson street described as follows, to-wit: Beginning at the present Westbrook property, on the southeast corner of Broad and Jackson streets, and running due west along the prolongation of the line from said corner fifteen feet; thence due south down said Jackson street two hundred and ten feet to a point in said street directly opposite, and fifteen feet from the corner of said Jackson street and the alley running east and west between Jackson and Washington streets, and parallel with Broad and Commerce streets; thence due east fifteen feet to the said corner of said alley and Jackson street; thence due north alongside of said Westbrook property two hundred and ten feet to the starting point, making the dimensions of said portion of said Jackson street as thus described fifteen feet wide and two hundred and ten feet long; said tract or parcel of land having been dedicated to the city of Albany by W. N. Cheeve and Y. G. Rust and others as an addition to said Jackson street and for use as a public thoroughfare. Authority given to straighten certain portion of Jackson street. By sale of certain portion. SEC. II. Be it further enacted by the authority aforesaid, That the sales and conveyances heretofore made by the mayor and council of the city of Albany to John Moche and John A. Davis of a similar and corresponding portion of the east side of said Jackson street, between Commerce street and the alley described in section 1 of this Act, said portion of said street having been likewise dedicated to the city of Albany by W. W. Cheeve, Y. G. Rust and others as an addition to said Jackson street and for use as a public thoroughfare, are hereby legalized, validated and confirmed. Certain sales and conveyances heretofore made legalized and confirmed. SEC. III. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved September 12, 1891.

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AMENDING CHARTER OF ATHENS AS TO SEWERS. No. 323. An Act to amend an Act entitled an Act to amend the charter of the town of Athens, and the various Acts amendatory thereof, approved August 24, 1872, so as to authorize the Mayor and Council of the city of Athens to construct drains and sewers, to authorize the taking of private property for such purpose, to provide for the manner of assessing damages when private property is so taken, and also to confer additional powers upon said Mayor and Council and the various officers thereof, and for other purposes. Be it enacted by the General Assembly of the State of Georgia, That an Act entitled an Act to amend the charter of the town of Athens, and the various Acts amendatory thereof, approved August 24, 1872, be, and the same is, hereby amended as follows, to-wit: SECTION I. That the mayor and council of the city of Athens shall have full power and authority to establish, maintain and construct one or more systems of sewerage and drainage in said city of Athens for the preservation of the health, cleanliness and comforts of the inhabitants. Act of Aug. 24, 1872, amended. Power given to establish,etc. systems of sewerage and drainage. SEC. II. In case any sewer or sewers or parts of the same shall be located upon or through private property and the owner of such property refuses to grant a right-of-way for that purpose, and such owner and the authorities of said city cannot agree upon the damages to be paid for such casement, then assessors shall be appointed to assess damages to such property by reason or on account of the construction and maintenance of any such sewer through or upon the same, said assessors to be appointed, notice given and their award made as in case of property taken for opening, widening or straightening streets under the charter and laws of said city. Upon the payment or tender of the amount of the award of the assessors, the work shall proceed, notwithstanding the entering of an appeal. Disputed right of way. SEC. III. That for the preservation of all sewers in said city for the public use, the said mayor and council shall have authority to direct and control the time and manner in which connections shall be made with such sewers, and by whom the work shall be done, and upon what terms and conditions, and at what points, and generally all matters relating to the uses and control and repairs of sewer and sewer connections, and

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the replacing of paving and other adjacent structures in good condition shall be at all times under the regulation and control of said mayor and council in its fair and legal discretion. Connections with [Illegible Text] etc. SEC. IV. Said mayor and council shall have power to compel connections to be made with said sewers in all cases where, in their judgment, the health and cleanliness of the city demands it; to prescribe the fees to be paid for connections and use of the sewer; to provide for the collection of such fees by execution or otherwise; to provide and impose penalties for a failure to make connections when ordered, and to make any and all regulations that may be necessary and proper for the management and control of said sewers and the preservation of the health of the said city. Executions issued under this section shall be a lien upon the property on which the sewer connection is made, from the date of the order for connection, and shall be issued, collected and governed by the laws of force in said city relating to executions for city taxes. Compulsory connections. Fees. Penalties for failure to make connections, etc. Lien of executors. SEC. V. The powers conferred in this Act, except as to the taking of private property for the construction of a sewer may be exercised by said mayor and council, directly or through a commission of three citizens appointed by them, or partly by said mayor and council and partly by such commission, as said mayor and council shall deem best. By whom powers conferred may be exercised. SEC. VI. All laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 22, 1891. AS TO ESTABLISHING A DISPENSARY OF LIQUORS IN ATHENS. No. 345. An Act to authorize and empower the Mayor and Council of the city of Athens to establish a dispensary for the sale of spirituous, vinous and malt liquors, to provide for regulations for such dispensary, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That as soon as practicable after the passage of this Act, the mayor and council of the city of Athens shall elect three citizens of said city who shall be known as dispensary commissioners, one to hold office for one year, one for two years and one for three years, or until their successors are elected, as hereinafter provided. The successors to the

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commissioners first chosen shall hold office for three years and shall be selected in the following manner: upon the expiration of the term of office of each commissioner, the two commissioners whose terms have not expired shall nominate the successor of the commissioner whose term has expired, which nomination shall be approved or rejected by the mayor and council of the city of Athens. If the mayor and council reject any nomination so made said commissioners shall continue to nominate until a nomination is approved by said mayor and council. Vacancies occurring for any cause shall be filled by the remaining commissioner or commissioners, as the case may be, for the unexpired terms, without approval of the mayor and council. If at any time there should be vacancies in the offices of all the commissioners at the same time, so that the vacancy cannot be filled for the unexpired terms as above provided, then the said mayor and council shall appoint commissioners for the unexpired terms of the three commissioners whose places are vacant. Dispensary commissioners. Terms of office, etc. Vacancies. SEC. II. Be it further enacted, That the dispensary commissioners provided for in this Act shall establish and maintain at some central point in the city of Athens, within the fire limits of said city, a dispensary for the sale of spirituous, vinous and malt liquors. They shall, from time to time, elect a citizen of said city, to be known as the manager of the dispensary, who shall have charge and control of such dispensary, under their supervision. Such manager shall be chosen for such term as the commissioners shall deem best, and shall be removable by them at any time for what they deem sufficient cause. He shall be required to give bond in a sum to be fixed by the commissioners, not less than two thousand dollars, conditioned to faithfully account for all moneys that may come into his hands, as such manager, and for the faithful performance of the duties required of him by this Act and by the commissioners in their regulations. He shall receive a salary to be fixed by the commissioners, and his compensation shall not be dependent upon the amount of sales. Commissioners shall establish and maintain a dispensary for the sale of liquors. Manager. Term. Removal. Bond. Salary. SEC. III. Be it further enacted, That the manager of the dispensary shall purchase and at all times keep, under the supervision of the commissioners, a stock of spirituous, vinous and malt liquors in such quantities as the commissioners shall direct. All bills incurred for the establishment and maintenance of the dispensary and purchase of stock, from time to time, shall be paid by the treasurer of the city of Athens upon presentation of such bills approved in writing by a majority of

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the commissioners. Said manager shall sell only for cash, and shall turn over all moneys received by him to the treasurer of the city of Athens each day, who shall keep a separate account of the same. Manager to purchase and keep stock of liquors. Bills for expenses. Sales only for cash. Separate account of money received. SEC. IV. Be it further enacted, That said commissioners shall make, from time to time, rules and regulations for the operation of said dispensary. The quantity to be sold to any purchaser shall be determined by them, but in no event shall wine or liquor be furnished in less quantities than one-half pint, and none shall be drunk in the building or on the premises where the dispensary is established. The dispensary shall not be open before sunrise and shall be closed each day before sunset, and it shall be closed on Sundays, public holidays, election days and such other days as the commissioners shall direct. The manager shall be bound by all laws of this State regulating the sale of liquor, and all regulations of the commissioners, not in conflict with the laws of the State. Rules and regulations. Quantity to be sold. No drinking on the premises. When dispensary shall open and close. Manager bound by laws of the State and regulations of the commissioners. SEC. V. Be it further enacted, That said manager shall not furnish or sell to any student of the University of Georgia, whether minor or adult, either directly or indirectly, any spirituous, vinous or malt liquors, except upon the written order of the Chancellor of the University, which order shall be kept on file subject to the inspection of the commissioners and the mayor and council. No sales etc., to University students. Except upon written order of chancellor. SEC. VI. Be it further enacted, That the prices at which spirituous, vinous or malt liquors shall be sold shall be fixed by the commissioners; provided , the same shall not be sold for a profit exceeding fifty per cent. above the actual cost thereof, it being the purpose of this Act that the dispensary shall be managed in such a way as to pay its expenses, and any revenue derived shall be simply an incident to and not the object of the dispensary. Prices for liquors. SEC. VII. Be it further enacted, That the manager of said dispensary shall sell to no person or persons any spirituous, vinous or malt liquors except in sealed packages; and he shall not keep any broken packages in said dispensary, and whenever any original package is broken it shall be at once bottled and sealed. Said manager shall make a monthly report to the commissioners showing amount of sales for the preceding month and stock on hand on the last day of said month. No sales except in sealed packages. No broken package to be kept. Monthly report of manager. SEC. VIII. Be it further enacted, That said commissioners shall cause an inspection and analysis to be made of the stock on hand from time to time by a competent chemist in the city

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of Athens; and no spirituous liquors shall be sold in said dispensary until the same shall have been so inspected and analyzed and pronounced pure by such chemist. No wines or malt liquors shall be sold in said dispensary that are not well known in the market as pure and unadulterated; and the commissioners are required to have samples of wines and malt liquors analyzed, from time to time, to determine whether they are pure as represented. If any spirituous, vinous or malt liquors are condemned by the chemist making the analysis as impure and unwholesome, such liquors shall not be sold by the manager, and payment for the same shall be refused to the persons from whom such liquors were purchased; and if paid for, reclamation shall be made, and, if necessary, suit brought to recover the amounts so paid, in the name of the mayor and council of the city of Athens. If for any reason the services of a competent chemist cannot be had in the city of Athens, then the analysis herein provided for shall be made by any competent chemist in the State of Georgia designated by the commissioners. All analyses so made shall be exhibited by the manager to any purchaser when requested. If the manager shall sell any spirituous liquors that have not been inspected and analyzed as herein provided, or shall sell any spirituous, vinous or malt liquors that have been condemned as unwholesome, he shall be removed by the commissioners and shall be punished as shall be prescribed by the said mayor and council. Any dispensary commissioner who shall knowingly permit or allow the manager to sell any such unanalyzed or condemned liquors, shall, on conviction, be punished as prescribed in section 4310 of the Code of 1882, and the court shall declare the office vacant, and the vacancy shall be filled as herein provided. Inspection and analysis of stock etc. Liquors condemned by chemist not to be sold. And payment therefor refused. Reclamation if paid for. If competent chemist cannot be had in Athens. Exhibition of analysis to purchaser. If manager sell liquors not inspected and analyzed, or condemned, he shall be removed. And punished. Punishment of commissioner allowing such [Illegible Text]. SEC. IX. Be it further enacted, That no spirituous, vinous or malt liquors shall be sold in said dispensary to persons purchasing for the purpose of selling again, either lawfully or unlawfully; and said commissioners are required to make such rules and to require the manager to make such investigation as will prevent persons from so purchasing; and if said commissioners become satisfied that any person or persons has purchased or is purchasing for the purpose of reselling, they shall direct the manager as to the quantity to be sold to such person or persons, which shall be such an amount as will prevent a resale; and in cases where said commissioners are satisfied that any person or persons is indirectly or directly purchasing repeatedly for the purpose of reselling, the com-

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AMENDING CHARTER OF ATLANTA AS TO TAX-RECEIVERS AND ASSESSORS, ETC. No. 41. An Act to amend an Act establishing a new charter for the city of Atlanta, approved February 28th, 1874, and the several Acts amendatory thereof, so as to provide as follows: To abolish all distinction of rank and title as to Tax-Receivers and Assessors of said city; to provide that the chairman of the committee on sanitary affairs shall be ex officio a member of the Board of Health of said city in addition to the five members as now provided by law. SECTION I. Be it enacted by the General Assembly of Georgia, That from and after the passage of this Act, all distinction of rank and title as between the tax-receivers and assessors of said city is hereby abolished, and each of said assessors shall have equal rank and authority, and the mayor and general council of said city are hereby empowered at any time after the passage of this Act, and prior to July 1, 1891, to make the salaries to be paid said tax-receivers and assessors equal in amount; provided , that this Act shall in nowise interfere with the authority which the mayor and general council of said city now have under an Act approved September 18, 1883, with reference to the fixing of certain salaries in said Act referred to. Distinction of rank and title between tax-receivers and assessors abolished. Their salaries may be made equal Proviso. SEC. II. Be it further enacted, That from and after the passage of this Act the chairman of the committee on sanitary affairs of the general council of said city shall be ex officio a member of the Board of Health of said city, in addition to the five members of said board as now provided by law. Chairman of committee on sanitary affairs ex officio member of Board of Health. SEC. III. All laws and parts of laws in conflict with this Act are hereby repealed. Approved December 11, 1890. AMENDING CHARTER OF ATLANTA AS TO OPENING STREETS, ETC. No. 202. An Act to amend an Act establishing a new charter for the city of Atlanta, approved February 28, 1874, and the several Acts amendatory thereto, so as to provide for a more perfect method of condemning private property for opening or widening streets, lanes and alleys in said city, and for other purposes. SECTION I. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That an

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Act entitled an Act establishing a new charter for the city of Atlanta, approved February 28, 1874, and the several Acts amendatory thereto are hereby amended so as to hereby provide for the selection of a fifth assessor in all cases, when the city government of said city shall desire or may be taking steps to open, lay out, widen, straighten or to otherwise change streets, alleys and squares in said city. Said assessors so appointed as now provided by the charter of said city shall, within three days after notice to them of their appointment, meet at the office of the clerk of the mayor and general council of Atlanta at twelve o'clock M., on a day to be designated by said clerk, and if there is not a full attendance of such assessors, those present shall adjourn until twelve o'clock [Illegible Text] the next day, and it shall be the duty of the clerk to at once give notice to such absent assessors of said adjournment and appointment for another meeting. At such first day so appointed, or the day thereafter, as the case may be, those present shall take an oath before the mayor, or any officer authorized to administer oaths, faithfully and impartially to perform the duties for which they were appointed. Immediately after taking and subscribing to the oath aforesaid, they shall, before proceeding to the consideration of the question submitted, select a fifth assessor who shall act as umpire, and take and subscribe the oath prescribed for assessors as above stated, and should such fifth assessor or umpire fail or refuse to serve, then another shall in like manner be selected, and so on until an umpire shall be chosen. In the event that the assessors appointed on the part of the city and those appointed on the part of the property owners cannot agree, or fail or refuse to agree on a fifth assessor or umpire, within two days after they organize, or take the oath as herein prescribed, the clerk aforesaid shall, at the next meeting of said mayor and general council, give notice of such failure or refusal, and said mayor and general council shall appoint or elect such fifth assessor, and he, with any two or more of the other assessors, shall, within five days thereafter, proceed to make and award and report the same as provided. Fifth assessor in cases of opening, etc., streets, etc. Meeting of assessors. Oath. Umpire. Award. SEC. II. Be it further enacted, That this Act shall not be construed to repeal or change the right of appeal from any award to the Superior Court which now exists, nor to repeal or change the law which now provides the mode of procedure and assessment in such cases where the property owner or owners fail, on notice, to appoint assessors to act with the assessors appointed by said city; nor shall this Act be construed to effect the right of the city to adopt or reject any award, as is now provided by the charter thereof. Right of appeal not affected. Nor mode of procedure, etc., where property owner fails to appoint assessors. Nor right of city to adopt or reject award. 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 December 27, 1890.

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AMENDING CHARTER OF ATLANTA AS TO TRANSFER OF BILLS AND EXECUTIONS FOR PAVING, ETC. No. 305. An Act to amend an Act establishing a new charter for the city of Atlanta, approved February 28, 1874, and the several Acts amendatory thereof, so as to provide as follows: To authorize the transfer of bills and executions for the cost of curbing, sidewalks, granite block and other street pavements, and of bills and executions for sewer assessments and to declare the effect of such transfers; to preserve in favor of the transferee all liens on property to secure the payment of such bills, executions and assessments; to provide the time when such bills and assessments shall become due and payable, and how collection shall be enforced, and for other purposes; to authorize said city to condemn lands for parks and other public purposes, and to provide for taking possession of land when the same has been assessed or condemned for street, park, sewer or other public purposes, or the coming in of the award of assessors on paying the award, or on providing for and securing the payment of the award, or eventual condemnation money in cases in which appeal is taken from such award, and for other purposes; to authorize the issue by said city of five hundred thousand dollars of bonds of said city for the construction and equipment of new waterworks; to prohibit the opening or use of any new cemetery within less than four miles of the center of said city; to provide that the arms and uniforms of the police force shall be furnished at the expense and to remain the property of said city. SECTION I. Be it enacted by the General Assembly of Georgia, That the city of Atlanta is hereby authorized and empowered to transfer, in payment of debts against said city, bills and executions in favor of said city for the cost of curbing, sidewalks, granite block, and other street pavements, and of bills and executions for sewer assessments, whether such bills and executions be held by said city against abutting land-owners, or against street railroad companies, for furnishing and laying curbing, sidewalks, granite block and other street pavements, and sewer assessments. The lien in favor of said city against abutting land and the owners thereof, and against street railroad companies, now provided by law, shall not be impaired or in any manner affected by this Act, but the same shall exist and may be enforced in the name of the city, for the benefit of the transferee, until the assessment shall be paid. Such bills and executions against street railroad companies, when so transferred, shall be paid and collections shall be enforced, as is now required and prescribed by law. Such bills against abutting land owners and against street railroad companies, when so transferred, shall become due and payable as follows:

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Payment shall be made within thirty days after the completion of the work and presentation of the bill therefor to the person liable for the same, or his agent. If the person so liable should not prefer to pay all the assessment within thirty days, he may pay twenty-five per cent. thereof in cash within the thirty days, and twenty-five per cent. per annum each year for three years thereafter, with interest at the rate of seven per cent. per annum on all such deferred payments; provided, however , that this privilege of paying part cash and postponing the payment of the balance shall not exist unless the person liable for the assessment shall, within the thirty days aforesaid pay the twenty-five per cent., and shall, in writing delivered to the transferee, declare his election to have the payment of the balance postponed, as is herein above mentioned. If default shall be made in making a deferred payment, then all the unpaid assessments shall thereby become due and payable, and collection thereof shall be enforced as if no postponement had been made. All proceedings to collect the transferred assessments herein above mentioned, whether the transfers have been made of bills or of executions, shall be conducted as if no transfer had been made, and shall be had in the name of the city of Atlanta. But said city of Atlanta shall not be liable to the contractor for all or any part of an assessment after the same shall have been accepted by the contractor as a payment on the debt due him for the work. The transfer of executions as aforesaid shall be recorded as in case of transfer of State and county tax fi. fas. Authority given to transfer bills and executions for sewer assessments, curbing and paving. Lien may be enforced by city for transferee, etc. Bills so transferred how due and payable. Collection of transferred bills or executions to be in name of city. But city not liable if transfer accepted by contractor. Record of transfer of executions. SEC. II. Be it further enacted, That the city of Atlanta is hereby authorized and empowered to condemn lands for sites for the erection of public buildings for said city for parks and for other public purposes, in the manner already provided by law for the condemnation of land in said city for opening, widening or changing streets and alleys. Be it further enacted, That said city is hereby authorized and empowered, in any and all cases when land has been assessed or condemned for street, park, public buildings, sewer or other public purposes of said city; on the coming in of the award of the assessors, on paying said award, or in the case of appeal from the award by either party, on providing and securing the payment of said award or eventual condemnation money in the manner hereinafter provided, in any case or cases in which appeal is taken by either party from such award, to enter upon and take possession of said land for the purpose or use for which the same has been condemned, and such entry or possession may be had by said city immediately after paying or securing the payment of any such award, or the eventual condemnation money, and before the trial on the appeal case. In the case of any such award made and appealed therefrom by either party, should said city desire immediately to enter upon and take possession of any land assessed or condemned for any purpose aforesaid, it may execute a bond, with good security subject to the approval of the Judge of the Superior Court of Fulton county, Georgia, or in his absence from the State, of the Ordinary of said county, for the payment of the eventual condemnation money which may be found on the trial of said case. Said bond

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when approved by the Judge or Ordinary as above provided, shall be filed in the office of the Clerk of the Superior Court, and on the trial of the assessment or award appealed from, in the event of a recovery therein by the appellant against said city, such appellant shall have authority to enter up judgment on said bond for the amount of such recovery, as judgment may now be entered in appeal cases under the laws of this State. Power given to condemn lands for sites for public buildings, parks, etc. City may enter and take possession when. SEC. III. Said city is hereby authorized to issue bonds of said city to the amount of five hundred thousand dollars ($500,000), said bonds, or the proceeds thereof, to be used only for the construction or equipment of new water-works, to supply said city and people with water for fire, sanitary, domestic and other purposes. Said bonds shall be of such denomination, and become due at such time, as the mayor and general council of said city may determine, and shall bear interest at a rate not to exceed four and one-half per cent. per annum. The mayor and general council of said city may, in their discretion, make the principal and interest of said bonds, or of either, payable in gold or the equivalent thereof. And said mayor and general council may, also, in their discretion, make the principal and interest of the bonds heretofore authorized to be issued by said city likewise payable in gold or its equivalent as to principal or interest, or both. Issue of bonds for water-works authorized. Denomination, maturity and rate of interest. May be made payable in gold or its equivalent. SEC. IV. That the grants of authority to said city of Atlanta, to construct new water-works, to acquire property for that purpose by purchase or condemnation, to issue bonds to be sold to pay the expenses of the construction of such works, and all the authority heretofore granted said city in reference to the proposed system of water-works, is continued in full force and effect, especially all the provisions of the Acts approved September 5, 1885, October 1, 1887, and December 4, 1889, except section 7 of the Act of 1885 aforesaid, providing for the use of the sinking fund of said city, and all authority heretofore granted any system of water-works, or hereafter to be granted to any such system, is hereby conferred upon the city of Atlanta with reference to the system of water-works herein authorized to be constructed. Authority heretofore granted as to water-works continued except as to use of sinking fund. Authority heretofore granted any system of water-works, or hereafter to be granted, conferred upon city of Atlanta. SEC. V. In addition to the authority to issue two hundred and fifty thousand dollars ($250,000) of thirty years four per cent. bonds of said city, authorized by the Act of December 4, 1889, and already assented to by vote of the people, as required by law, and the issue of which and the means of payment thereof have been provided for by an ordinance of said city, approved December 19, 1890, and of the further issue of five hundred thousand dollar ($500,000) bonds authorized by this Act; provided , such latter issue be first assented to by vote of the people as required by law, and be provided for by ordinance of the mayor and general council of said city. Said mayor and general council are further authorized, as follows: The expenses of the construction and putting into operation of the system of water-works aforesaid may be provided for and paid as follows, to-wit: If the two series of bonds so provided for be sold, the proceeds of the sale thereof, so far as necessary, may be expended by the Board of Water Commissioners, subject

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to the approval and direction of the said mayor and general council of said city, in paying the expenses of the construction of the new system of water-works, and putting them into operation; and if the bonds aforesaid, or any of them, be not sold for want of a fair price, then said Mayor and General Council may deposit said bonds, or such portion of them as may be necessary, in the treasury of the city of Atlanta, and may use them in connection with all real estate, machinery and pipes and other property of whatever description belonging to the proposed system of water-works as a basis of credit for such temporary loans as may be found necessary to the speedy construction of such water-works. All such loans and credits to be paid in full upon the sale of the bonds aforesaid by the city; and said mayor and general council is further authorized, in its discretion, to contract for the whole or any part of the expense of constructing and putting into operation the proposed system of water-works, if not paid for in cash, a debt to bear interest at five per cent. per annum; provided , that the whole debtor debts thus contracted, with such temporary loans as may be made as hereinabove provided for, and the amount of bonds sold for the purposes of said water-works shall not exceed in the aggregate the sum of seven hundred and fifty thousand ($750,000) dollars; said amount of seven hundred and fifty thousand dollars, when added to the present debt of said city, leaving the whole debt thereof below the constitutional limit of seven (7) per cent. of the value of the taxable property in the city. In addition to issue of bonds under Act of Dec. 4, 1889, and of the issue of $500,000.00 of bonds under this Act, further authority given. If the two series be sold by whom proceeds expended. And for what. If not sold, may be deposited and used in connection with any property belonging to proposed system. As basis of credit for loans. A debt may be contracted for whole or part of expense of the system. Provided whole indebtedness incurred does not exceed $750,000.00. SEC. VI. The mayor and general council of said city are further authorized to pledge the good faith of said city of Atlanta and its taxing power for the prompt and full payment of the bonds of said city, issued and sold for the purpose of providing funds for said system of water-works. Good faith and taxing power of city may be pledged for payment of bonds. SEC. VII. Any debt contracted under authority heretofore granted or under authority of this Act, and not to be paid within the year within which it is contracted, must first be assented to by vote of the people, as required by the Constitution and laws of this State; provided, however , that a vote of the people authorizing the creating of such debt, by the issue and sale of bonds of the city, shall be held to equally assent to the creation of such debt in the form of loans as aforesaid; provided , the mayor and general council may make temporary loans or appropriations for building and construction said new system of water-works, but such temporary loans or appropriations shall not permanently take any of the annual incomes from the other departments of the city, but all such temporary loans or appropriations shall be made and used on condition that they are to be repaid into the treasury of the city from the proceeds of the sale of the bonds aforesaid for the current general uses of the said city; provided , that nothing in this Act or in the foregoing proviso shall be so construed as to prevent the appropriation of so much of the annual income as may be necessary to pay the interest accruing on the bonds aforesaid, or providing for their redemption. Assent of people necessary. Temporary loans or appropriations may be made. But not to permanently take from income of other departments. Condition of use. Payment of interest on the bonds, etc., not prevented. SEC. VIII. The proceeds of the sale of bonds aforesaid, or of temporary loans effected, are sacredly dedicated to the purpose of constructing

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and putting into operation such system of water-works, and shall not be used for any other purpose. Use of proceeds of the bonds or temporary loans. SEC. IX. Be it further enacted by the authority aforesaid, That no cemetery shall be opened or used which is within four (4) miles of the center of said city, and any person or persons, company or corporation, or agent of any such company or corporation, who shall open or use, or attempt to open or use, any such new cemetery within four (4) miles of the center of said city, shall be guilty of a misdemeanor, and on conviction thereof shall, for each offence, be fined not exceeding one thousand ($1,000) dollars or imprisonment not exceeding twelve (12) months, one or both, in the discretion of the court, and any attempt to open or use any such new cemetery within four (4) miles of said city shall also be subject to be enjoined by the Superior Court under penalty. New cemeteries a of to be opened and used within four miles of center of city. Penalty. SEC. X. Be it further enacted by the authority aforesaid, That from and after the first day of January, 1892, the arms and uniforms of the police force of said city of Atlanta shall be furnished by, and remain the property of, said city. Arms and uniforms of police force to be furnished by city. SEC. XI. Be it further enacted by the authority aforesaid, That from and after the passage of this Act the salaries of all the officers of the city of Atlanta shall be fixed by the mayor and general council in office the year preceding the election or appointment of such officers, and shall not be changed for or during the term for which any such officer was elected, whether such office be a charter office or not. Salaries of all officers how to be fixed, etc. SEC. XII. Be it further enacted, That said mayor and general council be, and they are, hereby authorized to provide for the erection of a bridge over the several railroad tracks on Forsyth street in said city of Atlanta, and to provide for paying the cost of the construction of said bridge, partly from the income of said city for the year 1891 and the balance out of the income of said city for the years 1892 and 1893. Forsyth street bridge. SEC. XIII. 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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AMENDING CHARTER OF ATLANTA AS TO FEES OF MARSHAL AND CLERK, ETC. No. 311. An Act to amend an Act establishing a new charter for the city of Atlanta, approved February 28th, 1874, and the several Acts amendatory thereof, so as to provide for covering into the city treasury fees paid to the marshal and clerk of said city, and to authorize the payment of salaries only to said clerk and marshal, and for other purposes. SECTION I. Be it enacted by the General Assembly of Georgia, That the above recited Acts be, and the same are, hereby amended so as to hereby provide that from and after the passage of this Act, the mayor and general council of the city of Atlanta, Georgia, shall have the power and authority, in their discretion, to fix a salary for the marshal and clerk of council of said city (for either or both) instead of perquisites, and to cover into the city treasury of said city any and all fees and perquisites which may by law or ordinance be required to be paid into the offices of clerk of council and marshal of said city, or either of said offices, for issuing licenses, permits, executions, making levies or for any other purpose whatever. Authority given to fix salary for marshal and clerk. And cover fees, etc., into city treasury. SEC. II. Be it further enacted, That said mayor and general council are also hereby authorized to provide that the compensation of said marshal and clerk of council, or either of them, may be fixed in part by salary and in part by such a pro rata of the fees and perquisites received in such offices, or either of them, as may be provided by said mayor and general council, and may also provide that the remainder of such fees and perquisites shall be covered into the treasury of said city; provided , that nothing in this Act contained shall prevent the mayor and general council of said city from fixing the compensation of the marshal and clerk of council of said city, or either of them, in accordance with the Acts of which this is amendatory, should they, in their discretion, deem it to the best interest of said city so to fix the same. Or to compensate them partly by salary and partly by fees. And cover remainder of fees into treasury. Proviso. SEC. III. Be it further enacted, That such compensation shall be fixed by the mayor and general council of said city for the year preceding the election of such officers. Compensation to be fixed by whom. SEC. IV. Be it further enacted, That all laws in conflict with this Act are hereby repealed. Approved August 22, 1891.

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AMENDING CHARTER OF ATLANTA. No. 490. An Act to amend an Act establishing a new charter for the City of Atlanta, approved February 28th, 1874, and the several Acts amendatory thereof. SECTION I. Be it enacted by the General Assembly of Georgia, That an Act establishing a new charter for the city of Atlanta, approved February 28th, 1874, and the several Acts amendatory thereof be, and the same are, hereby amended so as to hereby provide that from and after the passage of this Act the mayor and general council of said city of Atlanta shall have power and authority to borrow money by making temporary loans of not exceeding one hundred and fifty thousand dollars ($150,000.00) in each or any one year, the sum or sums so borrowed to be repaid out of the income of the city for the year in which the loan or loans were made, and before the expiration of the year in which the same was borrowed. Authority to borrow money for temporary loans. Repayment. SEC. II. Be it further enacted, That hereafter the city of Atlanta shall furnish the uniforms of the members of the fire department of said city, all such uniforms so furnished to be and remain the property of said city. Uniforms of firemen to be furnished by city. SEC. III. Be it further enacted, That the convicts from the Recorder's or Mayor's court of said city subject to and compellable to work on the public works of said city shall, in the discretion of the city authorities, be subject and compellable to work on the grading and other work of building or constructing new water-works for said city, whether such works be in said city or in the county of Fulton outside of said city, under the same rules or regulations as such convicts have heretofore or are now worked, or may hereafter be worked on the public works of said city inside of said city. Said city is also hereby authorized to receive for hire or for maintenance, or for hire and maintenance, convicts from any county or authorities authorized by law to farm out convicts, and to work such convicts so received on the work of grading, or other work in the establishment of new water-works for said city. Convicts may be put to work on new water-works. Hire, etc., of convicts from counties, etc. SEC. IV. Be it further enacted, That any one member of the general council of said city is hereby authorized and empowered to preside in and hold the Recorder's or Mayor's court of said city, whenever from any cause the recorder, mayor or mayor

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pro tempore of said city cannot be in attendance to hold the same; and the mayor and general council of said city are hereby authorized to provide and regulate by ordinance how the designation of or call upon any member of the general council to preside as aforesaid shall be made. Councilman authorized to hold Recorder's or Mayor's court. SEC. V. Be it further enacted, That hereafter the salaries, compensation or emoluments of all the officers of said city whether charter officers or otherwise, shall be fixed by the mayor and general council in office the year preceding the election or appointment of said officers, and such salary, compensation or emoluments shall not be changed for or during the term for which any such officer was elected or appointed. By whom all salaries, etc. shall be fixed. Salaries, etc., not to be changed during term. SEC. VI. Be it further enacted, That the mayor and general council of said city are hereby authorized to provide for the erection of a bridge over the several railroad tracks on Forsyth street in said city, and to provide for paying the cost of the construction of said bridge, partly from the income of said city for the year 1891, and the balance out of the income of said city for the years 1892 and 1893. Forsyth street bridge. SEC. VII. Be it further enacted, That the first section of an Act approved August 21st, 1891, entitled an Act to amend the charter of the city of Atlanta, etc., which prescribes among other things the mode of transferring and collecting bills and executions for the costs of curbing, sidewalks, granite blocks, and other street improvements, be amended so as to strike the words and against street railroad companies where they occur as follows: Such bills against abutting land owners and against street railroad companies, when so transferred, shall become due and payable as follows, so that the same, when amended, shall read as follows, Such bills against abutting land owners, when so transferred, shall become due and payable as follows. Act of Aug. 21, 1891, amended by striking and against any street railroad company. SEC. VIII. Be it further enacted, That hereafter the salaries, compensations or emoluments, of all the officers of said city, whether charter officers or otherwise, shall be fixed by the mayor and general council in office the year preceding the election or appointment of such officers, and such salary, compensation or emoluments shall not be changed for or during the term for which any such officer was elected or appointed. By whom salaries, etc., shall be fixed. Not to be changed during term. SEC. IX. Be it further enacted, That the mayor and general council of said city are hereby authorized to provide for a bridge over the several railroad tracks on Forsyth street in said city, and to provide for paying the costs of the construction of said bridge, partly from the income of said city for the year 1891,

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and the balance out of the income of said city for the years 1892 and 1893. Forsyth street bridge. SEC. X. Be it further enacted, That all laws in conflict with this Act are hereby repealed. Approved September 24, 1891. FOR ADVANCEMENT OF CAUSES TO WHICH THE CITY OF ATLANTA IS A PARTY. No. 537. An Act to provide for the advancement and trial of cases in Fulton Superior Court, to which the city of Atlanta is a party or materially interested, and in which the collection of the revenue of money due said city is involved, or in which there is an appeal from the award or finding of assessors for damages to or for land taken for public purposes of said city authorized by law. SECTION I. Be it enacted by the General Assembly of Georgia, That the Superior Court of Fulton county, Georgia, is hereby authorized and required to give precedence to and advance to trial any cases now pending or which may hereafter be brought in said court to which the city of Atlanta is a party or materially interested in, in which the collection of the revenue or money due said city is involved, or in which there is an appeal from the award or finding of the assessors for damages sustained or for lands taken for parks, street-sewer or other public purposes of said city authorized by law. When any case of the character aforesaid is ripe for trial, the same shall be subject to advancement and to precedence on the attention of the court being called to the same, subject only to the right of advancement of cases to which the State of Georgia or the county of Fulton is a party. Precedence to be given cases to which city is party, etc. In which collection of revenue or money due city is involved. Or in which there is an appeal from an award for damages, etc. Subject to right of advancement of State 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 5, 1891.

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AMENDING CHARTER OF ATLANTA AS TO PAVING BY STREET RAILROAD COMPANIES, ETC. No. 630. An Act to amend the charter of the city of Atlanta with regard to the duty and liability of street railroad companies in the matter of street paving, and for other purposes. SECTION I. Be it enacted by the General Assembly of Georgia, That the charter of the city of Atlanta and Acts amendatory thereof be hereby amended so as to provide that from and after the passage of this Act whenever any street railroad company lays a double track or line on any street in said city, and such street shall at the same time or thereafter be macadamized or otherwise paved, such street railroad company shall only be required to macadamized or otherwise pave between the rails of each line of track and for four inches outside thereof, this being equivalent to paving, as now and hereafter required by law and charter of said city. Requirement as to paving of street railroad companies having double track. SEC. II. Be it further enacted, That when the consent of said city is given to the laying of street railroad tracks in or on a street which is unpaved and without pavement improvement, said city may prescribe and require that the tracks shall be so laid and such paving done between the tracks and for such space on each side thereof as will preserve the use, comfort and safety of such street for the public. City may prescribe how paving shall be done. SEC. III. Be it further enacted, When street railroad tracks are laid in said city on a street which has already been paved or permanently improved, and upon which said company has no track, said city may require such contribution or payment to said city for said city and the owners of abutting property, at the time of laying such tracks, on account of the paving or pavement improvement of any such street, as the mayor and general council of said city may deem proper (but such amount shall not be greater than in cases provided for under section 1 of this Act). Said city may regulate and enforce the payment or collection of such amount of contribution, and may require payment of same before consent granted to lay such tracks, and may grant consent conditional on such payment thereafter. Such street railroad company shall be liable for its pro rata of the costs to repave when the same is done according to law. Where street, already paved contribution may be required. SEC. IV. Be it further enacted, That all laws on the subject of street paving in cases of single tracks as heretofore of force, and all laws relating to the duty and liability of street railroad companies in the matter of street paving in said city, not in conflict with this Act and also all remedies for requiring macadamizing or otherwise paving or for paying for the same by street railroad companies, and for lien and enforcing payment and otherwise, heretofore enacted, are by this Act preserved to and continued in favor of

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said city, and all of said remedies, lien and enforcement are hereby made applicable to paving under this Act also. Laws of force not in conflict with this Act, and existing remedies, preserved. 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 10, 1891. AMENDING CHARTER OF ATLANTA AS TO OPENING ALABAMA STREET, ETC. No. 673. An Act to authorize the city of Atlanta to open and extend Alabama street from the central portion of the said city westerly through property of the State, subject to the rights of the lessees of the Western and Atlantic Railroad. SECTION I. Be it enacted by the General Assembly of Georgia, That authority is hereby conferred upon the city of Atlanta, Georgia, to open and extend Alabama street, in said city, from the central portion of said city westerly through land belonging to the State. The portion of the State's land through which authority is hereby granted to said city to open and extend said Alabama street is described as follows, to-wit: A strip of land sixty feet wide and five hundred feet long on the north side, and three hundred feet long on the south side, of said proposed street, having an area of twenty-four thousand (24,000) square feet, and running through the southwest corner of the State's Western and Atlantic Railroad vacant property (a plat of which, for reference, is filed herewith); provided , that this grant of authority is expressly made subject to the rights of the present lessees of the Western and Atlantic Railroad, under the Act providing for such lease, and also subject to the rights of the lessees of said Western and Atlantic Railroad under the Act providing for the lease of the same, approved November 12, 1889, the lessees of said Western and Atlantic Railroad having, in writing assented thereto. Authority given to open and extend Alabama street. Through land be longing to the State. Subject to rights of lessees of Western Atlantic Railroad. SEC. II. Be it further enacted, That the intentions and purposes of this Act are to confer the grant aforesaid only as to the right and interest of the State, without the impairment of any rights of lessees as aforesaid under Acts providing such leases; provided , that before the rights conferred by this Act on the city of Atlanta shall have any force or effect, said city shall first pay into the treasury of this State the sum of twenty-five hundred dollars ($2,500.00), and this payment may be made at any time within six months from the approval of this Act, and on making such payment, all the rights and provisions of this Act shall, by virtue of the same, have full force and effect. Rights of lessees not to be impaired. And $2,500.00 to be paid the 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 15, 1891.

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TO PREVENT PERSON HOLDING OTHER OFFICE BEING MAYOR OR COUNCILMAN OF AUGUSTA. No. 22. An Act to prevent any person holding any office or appointment, Federal, State or county, from being mayor or a member of council of the city of Augusta. SECTION I. Be it enacted by the General Assembly or the State of Georgia, and it is hereby enacted by authority of the same That from and after the passage of this Act no person holding any office or appointment, Federal, State or county, shall be mayor or a member of council of the city of Augusta. No person holding any other office can be mayor or member of council. SEC. II. Be it further enacted, That all laws and parts of laws amilitating against this Act be, and the same are hereby repealed. Approved December 4, 1890. MAYOR AND COUNCILMEN OF AUGUSTA INELIGIBLE TO RE-ELECTION FOR PERIOD OF ONE TERM. No. 23. An Act to make the mayor and members of the City Council of Augusta, of the city of Augusta, ineligible to re-election for the period of one term of said offices, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same That the mayor and members of the city council of Augusta, of the city of Augusta, shall not be eligible to re-election to the same office for the period of one term of their respective offices; provided , this shall not apply to any person holding either of said offices for an unexpired term. Mayor and councilmen not eligible to re-election [Illegible Text] [Illegible Text] term. SEC. II. Be it further enacted, That this Act shall not go into effect on and after January first, eighteen hundred and ninety-two, and from that date shall operate against incumbents then in office. This Act to go into effect Jan. 1, 1892. SEC. III. Be it further enacted, That the Act approved September sixteenth, eighteen hundred and eighty-one, striking from the second section of the Act approved February twenty-third, eighteen hundred and seventy-six, the words in said section making the mayor of said city ineligible to re-election, and all laws and parts of laws that shall be in conflict with this Act be, and the same are, hereby repealed. Conflicting laws repealed. Approved December 4, 1890.

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AMENDING ACT AS TO SINKING FUND FOR AUGUSTA. No. 125. An Act to amend an Act to confirm an Ordinance of the City Council of Augusta, entitled an Ordinance to erect a sinking fund, passed 10th day of March, 1877, as amended by the ordinance passed 6th day of August, 1877, and for other purposes, approved August 27th, 1879, so as to provide that the city council of Augusta may, by ordinance, repeal that part of section 4 of the ordinance of March 10th, 1877, which reads as follows: Together with the proceeds of the sale of said lots on the south commons, after deducting the amount due to the Trustees of the Academy of Richmond county, and that part of section one (1) of the ordinance passed August 6th, 1877, amending the ordinance passed March 10th, 1877, which reads as follows: Together with the proceeds of the sale of the lots on the south commons, after deducting the amount due to the Trustees of the Academy of Richmond 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 Act entitled an Act to confirm an ordinance of the city council of Augusta, entitled an ordinance to create a sinking fund, passed March 10th, 1877, as amended by the ordinance passed the 6th day of August, 1877, and for other purposes, approved August 27th, 1879, be, and the same is, hereby amended as follows, viz.: The city council of Augusta is hereby authorized by ordinance to repeal so much of section four (4) of the ordinance passed March 10th, 1877, and of section first (1) of the ordinance amending the same, passed August 6th, 1877, as are expressed in the following words, viz.: Together with the proceeds of the sale of all lots on the south commons, after deducting the amount due to the Trustees of the Academy of Richmond county. City council authorized to repeal so much of certain ordinances as relate to proceeds of lots on the south commons. 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. NOTE BY COMPILERThis Act was repealed by Act of September 11, 1891.

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AUTHORIZING TEARING DOWN OF LOWER MARKET HOUSE IN AUGUSTA, ETC. No. 126. An Act to authorize the City Council of Augusta to tear down and remove the Lower Market House and to build a market at any place in the city of Augusta, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That the city council of Augusta is hereby authorized to tear down and remove the Lower Market House in said city, situated in the middle of Broad street, at Centre street, at such time as said council may, by ordinance, determine, and to do all acts and perform all duties deemed necessary to be performed or done in connection with the removal and tearing down of said Lower Market. Tearing down of lower market house authorized. SEC. II. Be it further enacted, That said city council of Augusta is hereby authorized and empowered, at any time it may so determine, to build a market at any place in said city of Augusta, it may select. Authority given to build market. 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. AS TO FEES OF CITY SHERIFF OF AUGUSTA FOR COLLECTION. ETC., OF TAX FI. FAS. No. 169. An Act to amend an Act entitled an Act to establish a Mayor's Court in the city of Augusta, and to add an additional member to the City Council thereof, passed December 17, 1818, so as to authorize the City Council of Augusta to prescribe, by ordinance, the fees which the City Sheriff of Augusta shall receive for the collection, enforcement and settlement of tax fi. fas. issued by the City Council of Augusta, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act, an Act entitled an Act to establish a Mayor's Court in the city of Augusta, and to add an additional member to the city council thereof, passed December 17, 1818, be amended by adding to the second section of said Act, the following: provided , that the city council of Augusta is hereby authorized to prescribe, by ordinance, the fees which the City Sheriff of Augusta shall receive for the collection, enforcement and settlement of tax fi. fas. issued by the city council of Augusta. Act of Dec. 17, 1818, amended. Fees of city sheriff for collection, etc., of tax fi. fas. may be fixed by city council.

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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 27, 1890. AMENDING ACT AS TO BOARD OF POLICE COMMISSIONERS OF AUGUSTA. No. 272. An Act to amend an Act creating a Board of Police Commissioners for the city of Augusta, in this State, approved August 26th, 1879, as amended respectively by Acts approved September 14th, 1881, and September 26th, 1883, by striking from said original Act (1879) all of section 7 of said Act, and for other purposes. SECTION I. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That all of section 7 of the original Act, creating a Board of Police Commissioners for the city of Augusta, in this State, approved August 26th, 1879, to-wit, the words, That no member of said board shall be eligible to election to any office of honor or profit under State, county or municipal government, until one year after he ceases to be a member of said board, be, and the same is, hereby stricken out. The remaining sections of said original Act shall be numbered to conform to the change made by this amending Act. Provision that no member shall be eligible to other offices until certain time stricken. 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 6, 1891. REGISTRATION OF VOTERS IN AUGUSTA. No. 369. An Act to authorize the City Council of Augusta to provide by ordinance for a registration of voters in each ward of the city; for a Registry Clerk in each ward; to limit the time for registering and closing of said registry; to regulate the same, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act, the city council of Augusta shall be authorized to provide, by ordinance, for a registration of voters in each ward in the city; for a registry clerk in each ward: to limit the time for registering and closing of said registrar and to regulate the same. Authority given to provide for registration of voters.

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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 September 2, 1891. ACTS AS TO SINKING FUND OF AUGUSTA REPEALED. No. 406. An Act to repeal an Act to confirm an ordinance of the city of Augusta entitled an ordinance to create a sinking fund,' passed the 10th day of March A. D. 1877, as amended by the ordinance passed the 6th day of August A. D. 1877, and for other purposes, approved August 27, 1879, as amended by an Act of the Legisleture, approved December 15, 1888, and an Act of the Legislature approved December 26, 1890, so as to permit the city council of Augusta to repeal an ordinance to create a sinking fund, passed March 10, 1877, as amended by the ordinance passed the 6th day of August, 1877, and for other purposes. Whereas, The Sinking Fund Commission of the city of Augusta did, on the 19th day of March, 1891, pass a resolution reciting that said fund had fulfilled and answered the purpose of its creation, and that the amount which could be realized from it, if it was continued until the expiration of its term, would be too small to affect the security of the public debt, and also that the necessity for taking some action looking to the protection of the city of Augusta against floods may involve the imposition of taxes therefor and asking the repeal of said sinking fund Act; and Preamble. Whereas, The city council of Augusta did, by resolution, concur in the foregoing expression of opinion and desire; now therefor. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act, the Act entitled An Act to confirm an ordinance of the city council of Augusta, entitled an `ordinance to create a sinking fund,' passed the 10th day of March A. D. 1877, as amended by the ordinance passed the 6th day of August A. D. 1877, and for other purposes, approved August 27, 1879, as amended by an Act of the Legislature approved December 15, 1888, and an Act of the Legislature approved December 26, 1890, be, and the same is, hereby repealed. Act as to sinking fund repealed. SEC. II. Be it further enacted by the authority aforesaid, That the city council of Augusta is hereby permitted to repeal said ordinance to create a sinking fund, passed March 10, 1877, as amended by the ordinance passed the 6th day of August, 1877. City council authorized to repeal the ordinance of March 10, 1877, as amended by that of Aug. 6, 1877 SEC. III. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved September 11, 1891.

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AS TO CLERK OF RECORDER'S COURT OF AUGUSTA. No. 408. An Act to authorize the City Council of Augusta to appoint the Orderly Sergeant of Police, or such other person which council may see fit to select clerk of the Recorder's Court of the City Council of Augusta, and to repeal so much of section 19 of the Act approved February 15th, 1856, as requires that the clerk of council shall be the clerk of said Recorder's Court; said Act being entitled an Act to organize the Court of Common Pleas of the city of Augusta, and to change the name thereof, and give it criminal jurisdiction in certain cases (also to confer certain jurisdiction upon a Recorder's Court in said city); to authorize the City Council to subscribe for stock in certain railroad companies, and provide for the payment of the amount subscribed; to authorize the connection of railroads in Augusta; to authorize the Savannah Valley Railroad Company to cross the Savannah river and be continued to Augusta with certain privileges; to provide for the registry of the names of all persons entitled to vote in the elections in said city; to prevent persons whose names are not registered from voting, to prescribe an oath for voters and to punish violators of this Act in regard to said election and voting. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That the city council of Augusta is hereby authorized to appoint the orderly sergeant of police of said city or such other person as council may see fit to elect, clerk of the Recorder's Court of the city council of Augusta. He shall be appointed for such term and shall receive such compensation as the city council of Augusta may, by ordinance, from time to time, determine. City council may appoint clerk of the Recorder's court. Term and compensation. SEC. II. Be it further enacted, That said clerk shall keep a regular docket and book of minutes, in the latter of which, each days' proceedings shall be signed by the recorder or other person presiding in his absence, and said clerk shall sign and issue all processes, summons, attachments and executions which shall bear test in the name of said recorder. Docket and minutes. Processes, etc. SEC. III. Be it further enacted, That section 19 of the Act approved February 15, 1856, the same being entitled an Act to organize the Court of Common Pleas for the city of Augusta, and to change the name thereof, and give it criminal jurisdiction in certain cases, also to confer certain jurisdiction upon a Recorder's Court in said city; to authorize the city council to subscribe for stock in certain railroad companies and provide for the payment of the amount subscribed; to authorize the connection of railroads in Augusta; to authorize the Savannah Valley Railroad Company to cross the Savannah river and be continued to Augusta with certain privileges; to provide for the registry of the names of all

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persons entitled to vote in elections in said city; to prevent persons whose names are not registered from voting; to prescribe an [Illegible Text] for voters and to punish violations of this Act in regard to [Illegible Text] election and voting, be amended by striking therefrom the [Illegible Text] The clerk of council shall be the clerk of said Recorder's Court. Sec. 19 of Act of Feb. 15, 1856, amended. By striking the clerk of council shall be the clerk of said recorder's court. 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 11, 1891. AMENDING ACTS AS TO BOARD OF POLICE COMMISSIONERS OF AUGUSTA. No. 605. An Act to amend an Act to create a Board of Police Commissioners for the city of Augusta, in this State, to define its powers and duties, and for other purposes, approved August 26, 1879, as amended by an Act approved September 14, 1889, by extending the term for which the officers and privates of said police force shall be elected, [Illegible Text] to fix the time when the police commissioners shall determine the number of officers and privates who shall serve during said term, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act the Act to create a Board of Police Commissioners for the city of Augusta, in this State, to define its powers and duties, and for other purposes, approved August 26, 1879, be amended in the fourth section thereof by striking therefrom the following words, viz.: That on or before the first Monday in January of each and every year, the city council of Augusta shall, by resolution or ordinance, fix the compensation and the number of officers and men of the police force of the city of Augusta for the ensuing twelve months, and shall transmit a certified account of their actions to the Board of Police Commissioners. Upon reception of the same the board shall proceed to elect viva voce the officers and privates provided for by the city council, said officers and privates to be citizens of Augusta, to take the same oath now taken by the police of said city and to hold their offices for twelve months from the date of their qualification, unless sooner removed by said board, and inserting in place thereof the following words, viz.: That on or before the first Monday in January of every third year, the

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city council of Augusta shall, by resolution or ordinance, fix the compensation and the number of officers and men of the police force of the city of Augusta for the ensuing three years, and shall transmit a certified account of their actions to the Board of Police Commissioners. Upon reception of the same the board shall proceed to elect viva voce the officers and privates provided for by the city council, said officers and privates to be citizens of Augusta, to take the same oath now taken by the police of said city and to hold their offices for three years from the date of their qualification, unless sooner removed by said board. Said officers and privates shall be paid monthly by check or order upon the mayor of said city (said check or order to be signed by the president and secretary of the board), in accordance with the rate of compensation fixed by the city council and subject to such deductions for fines or lost time as may have been ordered by said board. Act of Aug. 26, 1879, amended. By striking provisions as to time, etc. By fixing number, [Illegible Text] of police force. And inserting others. When and how compensation and number shall be fixed. Term. Report to board of commissioners. Election by the board. Oath, term, etc., of members of police force. Payment. SEC. II. Be it further enacted by the authority aforesaid, That the Act amending said Act, approved August 26, 1879, and which amending Act was approved September 14, 1881, be amended by striking from the third section thereof the words: On or before the first Monday in each year, and the word year, and inserting in place thereof the words: On or before the first Monday in every third year, and the words three years, after the word ensuing, so that said section, when thus amended, will read as follows: That it shall be the duty of said board, on or before the first Monday in every third year, to determine the number of officers and privates that shall serve on the police force for the city of Augusta during the [Illegible Text] three years, and also to employ, from time to time, and as often as, in their judgment, the public interest may require, one or two [Illegible Text], whose compensation shall be fixed and paid in the manner now provided by law for the payment of the members of said police force. Act of Sept. 14, 1881, amended. Board to determine number of force every third year for [Illegible Text] three years, etc. Detectives. SEC. III. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved October 9, 1891.

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EXTENDING CORPORATE LIMITS OF BAINBRIDGE. No. 517. An Act to extend the corporate limits of the city of Bainbridge as far as one mile from the court-house in said city, in every direction, except that portion of the city bounded by the Flint river, the limits of said city in that direction to be extended to high water mark on the west side of said river, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act, the corporate limits of the city of Bainbridge shall be extended to a distance of one mile from the court-house in said city, in every direction except that portion of the city bounded by the Flint river the limits of said city in that direction to be extended to high water mark on the west side of said river. Corporate limits extended to one mile. Except portion bounded by river there to high water mark. 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 29, 1891. PRESCRIBING ADDITIONAL PENALTIES FOR VIOLATING ORDINANCES OF BAINBRIDGE. No. 518. An Act to amend an Act entitled an Act to consolidate and amend the several Acts incorporating the city of Bainbridge in the county of Decatur, and to grant certain privileges to the same, so as to prescribe additional penalties for violation of ordinances, 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 [Illegible Text] of the above recited Act, which reads as follows, to-wit: That the mayor of said corporation, or in his absence the mayor pro tem. , may hold a police court for the punishment of all [Illegible Text] of the city ordinances, by-laws, rules and regulations, the punishment inflicted by said court not to exceed one hundred dollars fine or thirty days imprisonment, and in addition thereto the cost of proceeding, which shall be the same as

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before a court of inquiry, be amended by inserting between the words imprisonment and or, in the fifth line of said section 12, the words or by sentencing the offenders to work on the streets or other public works of the town, so that said section, when amended, shall read as follows. Section 12. That the mayor of said corporation, or in his absence the mayor pro tem. , may hold a police court for the trial and punishment of all violators of the city ordinances, by-laws, rules and regulations, the punishment inflicted by said court not to exceed one hundred dollars fine or thirty days imprisonment, or by sentencing the offenders to work on the streets or other public works of the city, or both in the discretion of the court, and in addition thereto the cost of proceeding, which shall be the same as before a court of inquiry. Section 12 of charter amended. Power given to sentence offenders to work on streets or public works. 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 29, 1891. SYSTEM OF SEWERAGE AND DRAINAGE FOR BAINBRIDGE. No. 519. An Act to amend the charter of the city of Bainbridge, granted March 12, 1866, so as to empower the mayor and council of the said city to maintain a system of sewerage and drainage in said city, and to lay out, build and construct such sewers within the corporate limits, and to provide compensation for property taken therefor or affected thereby, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same That from and after the passage of this Act, that an Act entitled an Act to consolidate and amend the several Acts incorporating the city of Bainbridge, and to grant certain privileges within the same, approved March 12, 1866, be, and the same is, hereby amended by adding thereto the following as an additional section: That the said mayor and council of the city of Bainbridge shall have full power and authority to establish a system of sewerage and drainage in and around said city for the health, cleanliness and comfort of its inhabitants, and that in all cases where it becomes necessary to take

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or use private property, or injure private rights and the owner or owners and the mayor and council cannot agree as to the amount of damage to be paid the injured party, the damages shall be assessed in the following manner, to-wit: That said mayor and council shall appoint one freeholder of the city of Bainbridge, and for the owner or owners to appoint another such freeholder, which two shall appoint a third, and in the event of the failure or refusal of the owner or owners to appoint one, after ten days' notice, said mayor and council shall appoint three such freeholders to make and return to said mayor and council a just and impartial valuation of the damages done, or to be done, to said property, and the award shall be in writing, and signed by a majority of the appraisers, and shall have the force and effect of a judgment of a court, which shall be final and binding upon both parties; provided , that if either of the parties be dissatified with such award, he, she or they may enter appeal from such award within ten days after such award is made, to the Superior Court of Decatur county. Act of March 12, 1866, amended. Power given to establish system of sewerage and drainage. Taking or use of private property, etc. Assessment of damages. Award. Appeals. 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 29, 1891. AMENDING CHARTER OF BAINBRIDGE AS TO OPENING STREETS, ETC. No. 632. An Act to amend the charter of the city of Bainbridge, granted on the 12th day of March, 1866, so as to empower the mayor and council thereof to open, lay out and control a system of streets, and to provide compensation therefor, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act the mayor and council of the city of Bainbridge shall have full power and authority to open, lay out and improve new streets, and to widen and straighten any street or alley already laid out or in use in said city, and that said mayor and council shall make proper compensation to the owner or owners for property taken for said public use, and upon any disagreement between

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the mayor and council and owner or owners as to the amount of compensation to be paid therefor, it shall be lawful for the mayor and council to appoint one disinterested freeholder of the city of Bainbridge, and for the owner or owners to appoint another such freeholder, which two shall appoint a third, and in the event of the failure or refusal of the owner or owners to appoint one after due notice has been given to said owner or owners for ten days, said mayor and council shall appoint three such freeholders, to make and return to said mayor and council a just and impartial valuation of the damages done or to be done to said property, and the award shall be in writing, and signed by a majority of the appraisers, and shall have the force and effect of a judgment of a court, which shall be final and binding upon both parties; provided , that if either of the parties be dissatisfied with such award, he, she or they may enter appeal from such award within ten days after such award is made, to the Superior Court of Decatur county. Power given to open, etc., streets, etc. Compensation for property taken. Failure to agree upon amount. Award. Appeal. 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. AMENDING CHARTER OF BAINBRIDGE AS TO REMOVAL OF NUISANCES, ETC. No. 633. An Act to amend the charter of the city of Bainbridge, Decatur county, so as to authorize the said city to remove nuisances or other things detrimental to the health and interests of said city, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the same, That the said charter of the city of Bainbridge be, and the same is, hereby amended so as to give to the mayor and council of the said city of Bainbridge power and authority to remove or cause to be removed any building, porch, steps, fence or other obstructions or nuisances in public streets, lanes, alleys, sidewalks or public squares of said city, now in use, or which may hereafter be made, and to condemn and remove all decayed or dangerous buildings, fences or other like nuisances when they may deem it to the advantage of the health of the citizens of Bainbridge. Power given to remove obstructions or nuisances. And to remove decayed or dangerous buildings, etc.

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SEC. II. Be it further enacted by the authority aforesaid, That upon any disagreement between said corporation of the city of Bainbridge and the owner or owners of any property so taken for public use or destroyed as nuisance as to the amount of compensation to be paid therefor, it shall be lawful for the mayor and council to appoint one disinterested freeholder of the city and for the owner or owners to appoint another such freeholder of the city of Bainbridge, and should owner refuse to make such selection the city council shall make a selection for him or her, due notice being first given to said owner, which two shall appoint a third, and to these three shall be submitted all questions of values and damages, and the award of the same shall be made to the mayor and council and shall have the force and effect of a judgment, and shall be final and binding upon both parties; provided , that if either of the parties be dissatisfied with such award he or she or they may enter appeal from such award within ten days after such award is made to the Superior Court of Decatur county. Disagreement as to value of property. Award. Appeal. 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 10, 1891. AUTHORIZING ADDITIONAL AD VALOREM TAX FOR CARROLLTON. No. 237. An Act empowering the Mayor and Council of Carrollton, Georgia, to levy and collect an additional 25 per cent. of ad valorem tax, or so much thereof as may be necessary, for five years, from 1891 to 1895, inclusive, to provide for the better protection of said town against fire, to erect water reservoirs, purchase fire extinguishing apparatus, and for the better lighting the streets of said town SECTION I. Be it enacted by the General Assembly of Georgia, That the mayor and council of Carrollton, Georgia, be, and they are, hereby empowered to levy and collect an additional 25 per centum of ad valorem tax, or so much thereof as may be necessary, for five years, 1891 to 1895, inclusive, for the purpose of providing for the better protection of said town against fire by purchasing fire apparatus, erecting water reservoirs, for purchasing pipes, engines, land,

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rights and privileges for erecting fire extinguishing apparatus, for protecting the same, and for providing more and larger street lights for said town. Twenty five per cent additional tax authorized. For five years. Purpose of. SEC. II. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 29, 1890. EXTENDING CORPORATE LIMITS OF CARROLLTON. No. 247. An Act to extend the corporate limits of the town of Carrollton over Oak Lawn Stock Farm, for public purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That the corporate limits of the town of Carrollton be, and the same are, hereby extended so as to embrace, for public purposes, that tract or parcel of land known as Oak Lawn Stock Farm, situate, lying and being about one mile north of the court-house, and the mayor and aldermen of said town are hereby empowered to pass such ordinance for the preservation of peace and good order, and for the protection of property within said limits, as may seem to them proper. Corporate limits extended for police purposes over Oak Lawn Stock Farm. Authority given to pass ordinances, etc., to preserve peace and protect property within limits. SEC. II. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 29, 1890. AS TO PROVIDING WATER-WORKS FOR CARROLLTON. No. 545. An Act to authorize the mayor and council of Carrollton, Georgia, to hold an election on the question of issuing and selling bonds not exceeding $25,000 in the aggregate, for the purpose of providing or building a system of water-works for said town, and to authorize said mayor and council to levy and collect a tax on all the taxable property within said town to redeem said bonds and to pay the interest that may accrue thereon. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this

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Act that the mayor and council of Carrollton, Georgia, be, and they are, hereby empowered to issue bonds not to exceed in the aggregate $25,000, of such denomination as the said mayor and council may determine, to be due and payable at any time within thirty years after issue, as the said mayor and council may determine, and said bonds to bear interest not exceeding six per cent. Authority given to issue bonds. Amount, denomination, maturity and rate of interest. SEC. II. Be it further enacted, That it shall be the duty of said mayor and council, and they are hereby empowered to assess and collect a tax upon the taxable property within the corporate limits of said town sufficient to pay off said bonds, principal and interest, within said thirty years as they become due, as provided in section 1 of this Act. Said bonds, or so much of them as may be necessary for the purposes for which they may be issued, shall be signed by the mayor and clerk of council of said town of Carrollton, and shall be sold in such manner as said mayor and council may determine for the best interest of said town. Tax to pay bonds. Signing and sale of bonds. SEC. III. Be it further enacted, That the money arising from the sale of said bonds, or so much thereof as may be necessary, shall be used for providing or building a system of water-works for said town. Use of proceeds of bonds. SEC. IV. Be it further enacted, That after the passage of this Act the mayor and council of said town shall submit the question of issuing said bonds to an election to be voted upon by the qualified voters of said town on a day to be fixed by said mayor and council, and notice of same given by advertising the same thirty days before the election in the Carroll County Times and the Carroll Free Press, papers published in said town; said election to be held in the same manner and under the same rules prescribed by law for holding elections for members of the General Assembly of Georgia. Should the assent of two-thirds ([frac23]) of such qualified voters, voting at said election, be secured thereto, the provisions of this Act shall obtain and be of full force and effect, and said bonds shall be issued in pursuance thereof. Question of issuing bonds to be submitted to popular vote. SEC. V. Be it further enacted, That those who favor the issue and sale of said bonds, as set forth in this Act, shall have written or printed upon their ballots, for issuing bonds, and those who are opposed to the issue and sale of said bonds, as set forth in this Act, shall have written or printed upon their ballots, against issuing bonds. Ballots. SEC. VI. Be it further enacted, That all laws and parts of laws conflicting with this Act be, and the same are, hereby repealed. Approved October 5, 1891.

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NEW CHARTER FOR CARROLLTON. No. 426. An Act to amend, revise and consolidate the several Acts granting corporate authority to the city of Carrollton; to confer additional power upon the mayor and city council of Carrollton; to extend the corporate limits of said city, and for other purposes. SECTION I. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That the corporate limits of the city of Carrollton, in the county of Carroll, shall extend 1000 yards in every direction from the court-house. Corporate limits. SEC. II. Be it further enacted, That the municipal government of the city of Carrollton shall consist of a mayor and four councilmen, who are hereby constituted a body corporate under the name and style of the mayor and city council of Carrollton, and by that name and style shall have perpetual succession; shall have a common seal and be capable in law and equity to purchase, have, hold, receive, enjoy, possess and retain to them, and their successors, for use of the city of Carrollton, any estate or estates, real or personal, of whatsoever kind or nature, within and without the jurisdictional limits of said city, for corporate purposes; and shall by the said name be capable of suing and being sued in any court of law or equity in this State, and shall succeed to all the rights and liabilities of the corporation of the city of Carrollton. Municipal government. General corporate powers. SEC. III. Be it further enacted, That the mayor and councilmen shall be bona fide residents of said town, whose first election under this Act shall be held in the court-house in said town, on the first Saturday in October, 1891, and annually thereafter, and they shall hold office one year, until their successors are elected and qualified. Mayor and Councilmen must be residents. Election and term of office. SEC. IV. Be it further enacted, That in case of vacancy in any of the offices mentioned in the preceding section, by death, resignation, failure to elect, removal from office, removal from the city, or otherwise, a special election shall be ordered by the mayor and city council of Carrollton within thirty days, giving ten days' notice by publication to fill such vacancy; provided , if such vacancy shall occur within three months of the expiration of the term of office of such officer, said mayor and city council of Carrollton may, in their discretion, decline to order such election. Vacancies.

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SEC. V. Be it further enacted, That all elections held under the provisions of this charter shall be superintended and managed by a justice of the peace, or some other judicial officer, and two freeholders, or three freeholders, all of whom shall be citizens of said city, and each of said managers, before entering on his duties, shall take an oath before some justice of the peace, or other officer duly qualified to administer an oath, that he will faithfully and impartially conduct said election, and prevent all illegal voting, to the best of his skill and power; and said managers shall cause to be kept two lists of voters and two tally sheets of such election. Management of elections. SEC. VI. Be it further enacted, That the mayor and city council of Carrollton shall by ordinance prescribe one or more voting places or election precincts within said city, one of which shall be at the court-house of Carroll county, and the polls at every such election shall be opened at 9 o'clock A. M. and closed at 4 o'clock P. M. The person or persons receiving the highest number of votes cast at such election for mayor and councilmen respectively, shall be declared elected. Election precincts. Election hours, etc. SEC. VII. Be it further enacted, That after the votes at an election shall have been counted by the managers, they shall certify two lists of voters and two tally-sheets, and shall place one of said tally-sheets with the ballots in the ballot-box, and shall seal said ballot-box and deposit the same with the city marshal. The other list of voters and tally-sheet shall be filed by the managers with the treasurer, and said city marshal, after the expiration of sixty days, shall destroy the contents of said ballot-box without examining said ballots or allowing same to be done; provided , no notice of contest shall be filed or pending. Lists of voters, tally-sheets and ballots. SEC. VIII. Be it further enacted, That on the succeeding Monday after the election, or as soon thereafter as practicable, the persons elected shall appear at the council chamber and take and subscribe the following oath before any judicial officer of this State, and shall forthwith enter upon the duties of his office, to-wit: I, A. B., do solemnly swear that I will well and truly perform the duties of mayor, or councilman (as the case may be), of the city of Carrollton, to the best of my skill and ability, without favor or affection, so help me God. Installation and oath of persons elected. SEC. IX. Be it further enacted, That all persons qualified to vote for members of the Legislature, and who shall have paid all taxes legally imposed and demanded by the authority of the city, and shall have resided six months within the city prior to the opening of the registration list and registers as hereinafter provided for, shall be qualified to vote at said election for mayor and councilmen. Qualifications of voters.

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SEC. X. Be it further enacted, That immediately after the passage of this Act it shall be the duty of the present Board of Commissioners of said town to open a book of registration and keep it open up to and including the day of said first election, in which all persons entitled under this Act to vote for mayor and councilmen of said town shall be permitted to register their names, and any person failing to register their names shall not be permitted to vote for mayor and councilmen in the said town of Carrollton. At the first election after this Act, and annually thereafter, it shall be the duty of the clerk of the council to open.....days be fore the annual election for mayor and council a book of registration, and keep it open up to and including the day of said election, in which all persons entitled under this Act to vote at said election can register their names as voters, and those so entitled and so registered, and no others, shall be permitted to vote at said election. Registration of voters. SEC. XI. Be it further enacted, That no person shall be eligible to the office of mayor of the city of Carrollton unless he be of the age of twenty-five years, a citizen of the United States of America, and shall have resided in the city one year immediately preceding his election, and no person shall be eligible to the office of councilman unless he shall have attained the age of twenty-one years, and shall have resided in the city one year immediately preceding his election, and shall have the other qualifications prescribed in the case of the mayor, and shall have paid all taxes due and demanded by said city. Qualifications of mayor and councilmen. SEC. XII. Be it further enacted, That the mayor and clerk and treasurer and councilmen shall have an adequate salary, to be fixed by annual ordinance; provided , that the salary of the councilmen shall not exceed one hundred dollars per annum, to be fixed by ordinance. Salaries. SEC. XIII. Be it further enacted, That the mayor shall be the chief executive of the city of Carrollton; he shall see that all laws, ordinances, resolutions and rules of the city are faithfully executed and enforced, and that all officers of the city shall faithfully discharge the duties required of them; he shall have a general jurisdiction of the affairs of the city; he shall preside at all meetings of the mayor and city council of Carrollton; he shall have the right to vote in elections for officers, except as is hereinafter provided, and upon all other questions before said body, except upon questions where he is disqualified by reason of interest, relationship or otherwise. Duties,etc., of mayor. SEC. XIV. Be it further enacted, That there shall be a mayor's court for the trial of all offenders against the law

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and ordinances of the city, to be held by the mayor, and in his absence or disqualification, by some councilman. Said court shall have the power to preserve order and compel the attendance of witnesses; to punish for contempt by imprisonment not exceeding two days or a fine not exceeding ten dollars, one or both. Mayor's court. Punishment for contempt. SEC. XV. Be it further enacted, That the mayor, or in his absence or disqualification some councilman, shall, as often as may be necessary, hold a police court, to be known as a mayor's court, for the trial of all offenders against the law and ordinances of the city of Carrollton. Said mayor's court shall have full power and authority, upon conviction, to sentence such offender to labor upon the streets or other public works for a period not to exceed sixty days, or to impose a fine not to exceed one hundred dollars. Either or all of said penalties may be imposed, in the discretion of the court. Mayor's court. Punishment for violation of ordinances etc. SEC. XVI. Be it further enacted, That the mayor and each of the councilmen shall be bound to keep the peace, and shall be ex officio justices of the peace, so as to enable them to issue warrants for violations of the criminal law of the State committed within the city of Carrollton, and shall have full power, on examination, to commit the offenders to jail, or to bail them, if the offence be bailable, to appear before the court having jurisdiction. Mayor and councilmen ex officio justices of the peace. SEC. XVII. Be it further enacted, That the clerk and treasurer of said city shall discharge all the duties imposed by this charter and the laws and ordinances of the city, and as may be required of them by the mayor and city council of Carrollton; and shall give bond, with good security, in such sum as may be fixed by the said mayor and city council of Carrollton, conditional for the faithful performance of their duties as clerk and treasurer of said city. Clerk and treasurer. Bonds. SEC. XVIII. Be it further enacted, That the mayor and city council of Carrollton shall have full power to appoint or elect such officers as may be deemed necessary or proper, except as hereinafter provided, and shall have power to regulate the time, mode and manner of electing or appointing such officers and agents; to fix their fees and salaries; to take their bonds; to prescribe their duties and oaths, and may, at discretion, suspend, remove or discharge them at any time, with or without cause. Election or appointment of officers, etc. SEC. XIX. Be it further enacted, That for the purpose of raising revenue for the support and maintaining of the city government, the mayor and city council of Carrollton shall have full power and authority, and shall prescribe by ordinance for the assessment, levy and collection of an ad valorem tax on all real and personal property within the incorporate limits of said city, to defray the ordinary

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annual expenses of the city government, said tax not to exceed three-fourths of one per centum. Ad valorem tax. SEC. XX. Be it further enacted, That the mayor and city council of Carrollton shall have the power and authority to license, regulate and control all taverns, hotels, cafs, restaurants, boarding houses, livery stables, hacks, drays and other vehicles, auctioneers vendue-masters, itinerant traders, theatrical performances, shows, circuses and exhibitions of all kinds, itinerant lightning-rod dealers, emigrant agents, clock and stove peddlers, peddlers of all kinds, itinerant dealers in jewelry and all other traveling or itinerant vendors of articles, goods, wares and merchandise of every nature whatsoever; every keeper of a billiard, pool or bagatelle table kept for public use; every keeper of a shooting gallery, ten pin alley; upon the keeper of any other table, stand or place for the performance of any game or play, whether played with sticks, balls, rings, or other contrivance; upon the keeper of flying horses, bicycle, velocipede or skating rinks, insurance agents, life and fire insurance companies, brokers, dealers in futures, loan agents and agents for any other business or calling whatever; keepers of slaughter houses, beef markets, green groceries, dealers in fish, oysters, vegetables, fruits, breads and other articles of food; upon every junk shop, pawnbroker, and upon all other establishments, business callings or avocations not heretofore mentioned, and which, under the laws and Constitution of the State of Georgia, are subject to license. License,etc of hotels, restaurants, etc. SEC. XXI. Be it further enacted, That the mayor and council of said town shall have power to enact all ordinances necessary to compel persons liable to road duty under the laws of this State, and residing in said town, to work an equal number of days upon the streets of said town, as they are now required to work upon the public roads, or in lieu thereof to pay such commutation in money as may be prescribed by said council, and such persons shall not be liable to road duty outside said incorporation. Street work or commutation tax. SEC. XXII. Be it further enacted, That the mayor and council, at their first meeting after the passage of this Act and annually thereafter, when the marshal and clerk of said town are elected, shall elect three tax-assessors of said town, who shall be freeholders in said town, residents herein and twenty-one years of age. They shall serve until their successors are elected and qualified, and the said mayor and council shall have authority at any time to fill vacancies caused by death, resignation or otherwise. Tax assessors. Terms. Vacancies. SEC. XXIII. Be it further enacted, That it shall be the duty of said tax-assessors, at such time as they may be directed by the mayor and council, to inspect and assess a valuation upon all real estate in said town liable to taxation, assessing such property at such value as in their judgment represents its true market value at the time the assessment is made. Before entering upon the discharge of their duties, they shall be sworn before the mayor or some member of the council, who are hereby authorized to administer

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such oath, to faithfully and honestly perform their duties as such assessors. Duty of tax assessors. Oath. SEC. XXIV. Be it further enacted, That the said tax-assessors shall, in a book to be provided for that purpose by the mayor and council, make out a list of taxable real property of said town with their valuations thereon, which they shall return to the clerk of the council, who shall assess the tax thereon as now or may hereafter be provided in the ordinance of said town; provided , that should any owner of real property in said town be dissatisfied with the valuation put upon his property by the said tax-assessors, he may complain to the said clerk, whereupon the question shall be submitted to arbitration, as follows: The property owner shall select one arbitrator, and the clerk, representing the mayor and council, one, and they two a third, all of whom shall be residents of said town and freeholders therein, and they shall proceed to pass upon the question, inspecting the property, and having such evidence as they may desire, and their judgment, assessing the value upon the property in question, shall be final. List and valuation of taxable property. Assessment of tax. Complaint by person dissatisfied with valuation. Arbitration and award. SEC. XXV. Be it further enacted, That the tax-assessors herein provided for shall be paid out of the town funds for their services such sum as the mayor and council shall prescribe, not exceeding five dollars per day each. Payment of assessors. SEC. XXVI. Be it further enacted, That the mayor and city council of Carrollton shall have free and complete control of the streets, alleys, sidewalks and squares of said city, and shall have the power and authority to open, lay out, widen, straighten or otherwise change all the streets, sidewalks, alleys and squares in said city of Carrollton. Whenever the said mayor and city council of Carrollton shall exercise the power herein delegated, and shall fail to agree with the owner or owners of the property taken or damaged, as to the amount of damages, the said mayor and city council of Carrollton shall choose one appraiser, and the owner of the land to be taken or damaged shall choose another appraiser, and the two thus chosen, if they fail to agree, shall select a third appraiser, and the three appraisers thus chosen, after being sworn to do justice between the parties, shall fix the damage to the owners of the property, caused by the opening or changing of such street, alley or square, and if the property owner, after five days' notice, shall fail to name an appraiser, the treasurer shall appoint one for him, and in every case where the two appraisers chosen shall, for the space of five days, fail to agree upon the third appraiser, the said treasurer shall appoint such appraiser; provided , the said appraisers, whether chosen by the parties or appointed by the treasurer, shall be citizens of said city. The award of the appraisers shall be in writing, and shall be filed within five days in the clerk's office of the Superior Court of Carroll county, and shall thereupon operate as a judgment, and execution may issue thereon. Either party may, within ten days after the filing of the award, enter an appeal to the Superior Court of Carroll county. All costs, including the fees of the appraisers, shall be paid by the city, and at any stage of the proceedings to condemn before or after the final

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award, the mayor and city council of Carrollton may, by paying to the property owner all expenses actually incurred by him, withdraw the proceedings and decline to take the property or to make the change in such street, alley, sidewalk or square. Streets, alleys, etc. Failure to agree as to amount of damages. Awards. Appeal,etc. City may withdraw proceeding etc. SEC. XXVII. Be it further enacted, That the mayor and city council of Carrollton shall have full power and authority to establish and fix such a system of grading and draining of the streets of said city as may be deemed proper, and shall have power to compel owners and lessees of property to construct and keep in good order the sidewalks in their front. If any owner or lessee shall fail to comply with the requirements of the mayor and city council of Carrollton in this regard, the work shall be done under the direction of the city, and execution shall issue for the cost and expense thereof, against such owner or lessee, to be collected as other executions issued by the clerk. Grading and draining streets. Sidewalks. Failure to comply with requirements. SEC. XXVIII. Be it further enacted, That the mayor and city council of Carrollton shall have full power and authority to establish and maintain a system of water-works and sanitary sewerage for said city, and to compel lot owners to connect with said sewers, and may condemn or purchase any property within or without the city that may be necessary for either of said public works. In case it shall become necessary to condemn any property under this section, or for any other public works, the proceedings shall be the same as in section 26 of this charter. Water-works and sewerage. Condemnation of property. SEC. XXIX. Be it further enacted, That the said mayor and city council of Carrollton shall have power to fix and establish fire limits, and from time to time to enlarge, restrict or change the same; to provide a fire department and a system of fire alarms, within which fire limits as established it shall not be lawful for any person to build or cause to be built other than fire-proof buildings, except by special permission of said mayor and city council of Carrollton, which must be by majority; and in case of offence against ordinances passed in pursuance of this Act, the said mayor and city council of Carrollton, after five days' notice given, shall cause the said not fire-proof buildings to be removed at the expense of the owners or builders thereof, to be collected by execution as other execution issued by the city. And the said mayor and city council of Carrollton shall have the right to determine what are and what are not fire-proof buildings. Fire limits. Fire department, etc. Buildings. SEC. XXX. Be it further enacted, That the said mayor and city council of Carrollton, shall have power to remove any forge or smith shop when, in its opinion, it shall be necessary to insure safety against fire; they shall have the power to cause any stove or stove pipe, or other thing which shall endanger the city as to fire, to be removed or remedied at the expense of the owner as its prudence shall dictate. Removal of forges, smith shops, etc. SEC. XXXI. Be it further enacted, That the mayor and city council of Carrollton shall have power and authority to enforce by execution the collection of any amount due or to become due to it for taxes, water rents, license fees, and assessments of every kind; for fines and forfeitures for paving streets and sidewalks, lanes and

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alleys, for laying sewers and drains for cleaning and repairing privies, and for any other debt on demand due to the city, such execution to be issued by the clerk against the person, corporation or firm, by whom any such debt may be due or may become due; which execution may be levied by the marshal on the property of the owner against whom such execution shall issue and the same sold as provided by Code of 1882, sections 3656(a), 3656(b), 3656(c) and 3656(d) for municipal sales for taxes. Executions for taxes, water rents licenses,etc. Levy of. Sales under. SEC. XXXII. Be it further enacted, That when any fi. fa. shall issue as provided in the preceding section, and shall be levied, and the property levied on shall be claimed by a third person, such claimant may interpose his claim thereto, as now provided by law, for claims under tax fi. fa. for State and county tax, such claim to be returned to and heard in Carroll county Superior Court. Claims. SEC. XXXIII. Be it further enacted, That should the mayor or any councilman while in office be guilty of any wilful neglect, malpractice or abuse of power, he shall be subject to be indicted before the Superior Court of Carroll county, and on conviction shall be fined in a sum not exceeding five hundred dollars, and shall moreover, be removed from office. Indictment and punishment of mayor or councilman. SEC. XXXIV. Be it further enacted, That it shall be the duty of the marshal of said city to prosecute all offenders against the law of this State for crimes committed within the limits of the city of Carrollton. It shall, moreover, be his duty to arrest, or cause to be arrested, all disorderly persons, all persons committing or attempting to commit any crime, and to commit them to the guard house or other place of confinement to await trial. It shall further be his duty to execute all processes and orders of the city, and to discharge any other duties imposed on him by the laws, ordinances or rules and regulations of said city. Marshal. His duties. SEC. XXXV. Be it further enacted, That it shall be the duty of the marshal to levy all executions in favor of the city, and after advertising for thirty days, he shall sell the property levied on, before the court-house door, in Carrollton, on a regular sheriff's sale day and between the legal hours of sheriff's sales. If the property is divisible, he shall offer it in parcels, and shall sell, at public outery, to the highest bidder, and execute titles to the purchaser, and shall have the same power to place the purchaser in possession as sheriffs of this State have. Also his duty to levy executions, advertise and sell property. Regulations as to marshal's sales, etc. SEC. XXXVI. Be it further enacted, That the treasurer shall be the custodian of the funds of the city, and shall be the keeper of the records thereof. It shall be the duty of the clerk to be clerk of the mayor's court; shall issue all processes and shall discharge all duties that shall be required of him by the laws, ordinances, rules, regulations and resolutions of the mayor and city council of Carrollton. For any willful neglect of duty, or any abuse of the powers conferred on him, not amounting to a felony, the clerk or treasurer shall be subject to be indicted before the Superior Court of Carroll county, and, on conviction, shall be fined in any sum not exceeding five hundred dollars, and may also be removed from office, in the discretion of the court. Pending any criminal charge against him,

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the clerk or treasurer may, in the discretion of the mayor and city council of Carrollton, be suspended from office, and in case of his suspension, the mayor and city council of Carrollton shall have power to appoint some person to discharge the duties of his office. Treasurer. Clerk. Indictment and punishment of clerk or treasurer. Suspension from office. SEC. XXXVII. Be it further enacted, That the said mayor and city council of Carrollton shall, before the month of April in each year, appoint three fit and proper persons, who shall constitute the Board of Health of said city. It shall be the duty of said Board of Health, two of whom shall constitute a quorum, to meet monthly, or as often as may be necessary; to visit every part of the city, and to report to the mayor and city council of Carrollton all nuisances which are likely to endanger the health of the city, and the said mayor and city council of Carrollton shall have power, upon the report of said Board of Health, to cause any such nuisances to be abated and their recommendation carried out in a summary manner at the expense of the party whose act or negligence caused such nuisance, or of the owner of the premises, or both, as the mayor and city council of Carrollton may elect; and for the amount so expended the clerk shall forthwith issue an execution against the owner of the property on which the nuisance is located, or against the party whose act or negligence caused such nuisance, or against both, as said mayor and city council of Carrollton may elect, and such execution may be collected by levy and sale, as other execution issued by the clerk. All vacancies that may occur in said Board of Health may be filled by said mayor and city council of Carrollton, as soon thereafter as practicable. Board of Health. Abatement of nuisances, etc. Vacancies in board. SEC. XXXVIII. Be it further enacted, That the mayor and city council of Carrollton shall have power and authority to establish such quarantine regulations against persons who have been exposed to smallpox or yellow fever as it may deem proper, and establish a smallpox hospital or pest house, and, in case of smallpox or yellow fever within said city, to cause to be removed to said hospital or pest house all persons afflicted with such disease, except such persons as shall, at their own expense, provide suitable and sufficient guards to successfully quarantine the premises where said case or cases of smallpox or yellow fever may be located. Quarantine regulations. SEC. XXXIX. Be it further enacted, That the mayor and city council of Carrollton shall have power either to lay off, vacate, close, open, alter, curb, pave and keep in good order, and repair roads, streets, alleys, sidewalks, cross-walks, drains and gutters for the use of the public or any of the citizens thereof, and to improve and light the same, and have them kept free from obstruction, on or above them; to regulate the width of sidewalks on the streets, and to order the sidewalks, foot-ways, cross-walks, drains and gutters to be curbed and paved and put in good order, free and clean, by the owner and occupants thereof, or of the real property next adjacent thereto; to establish and regulate market; to prescribe the time of holding the same; to prevent injury and annoyance to the public or individuals from anything dangerous, offensive or unwholesome; to prevent hogs, cattle, horses, sheep, dogs and other animals and fowls of all kinds from going at large in said city; to protect places

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of divine worship in and about the premises where held; to abate, or cause to be abated, anything which, in the opinion of the majority of the whole council of said city, shall be a nuisance; to regulate the keeping of gunpowder and other combustibles; to provide, in or near said city, places for the burial of the dead and to regulate the interment therein; to provide for the drainage of lots by proper drains and ditches; to make regulations for guarding against danger or damage by fire; to protect the property and persons of the citizens of said city, and to preserve peace and good order therein, and for this purpose to appoint, when necessary, a police force to assist the marshal in the discharge of his duties; to prescribe the powers and define the duties of the officers appointed by the mayor and city council of Carrollton; to fix their term of service and compensation; to require and take from them bonds when deemed necessary, payable to the mayor and city council of Carrollton, with such securities and in such penalty as said mayor and city council of Carrollton may see fit, conditioned for the faithful discharge of their duties; to erect or authorize or prohibit the erection of gas works or electric light works in said city; to prevent injury to or pollution of the same, or to the water or healthfulness of said city; to regulate and provide for the weighing of hay and coal and other articles sold or for sale in said city, and to provide a revenue for said city and to appropriate the same to its expenses; to organize a chaingang or workgang to work upon the streets of said city and for sanitary purposes; shall have power to drain and keep clear of all obstructions Tallapoosa river and its tributaries within the city, and for the distance of one mile from the corporate limits in any direction, and, to this end, may pass necessary rules, regulations and ordinances, and to adopt rules and regulations for the government of its own body. Laying off, opening, curbing, paving,etc. streets, alleys, etc. Markets. Animals going at large. Places of worship. Nuisances. Keeping of powder, etc. Cemeteries. Drainage. Protection against fire etc. Police force. Gas or electric light works. Water, etc. Revenue, etc. Drainage, etc., of Tallapoosa river. SEC. XL. Be it further enacted, That the mayor and city council of Carrollton shall have power and authority to establish police rules and regulations; to pass all laws and ordinances, not in conflict with the Constitution and laws of the State of Georgia, which tend to promote the safety, health, good order, morality and general welfare of the inhabitants of said city. General powers as to passage of laws, ordinances, etc. SEC. XLI. Be it further enacted, That before this new Act of incorporation shall go into effect it shall be submitted to the qualified voters of the town of Carrollton, to vote upon, for or against ratification of same, it being the duty of the ordinary of Carroll county, to call election for such purpose, to be held at the court-house in Carrollton, to be presided over by three freeholders, selected from the citizens of Carrollton, to be appointed and sworn by said ordinary. At this election all voters qualified to vote for members of the General Assembly, resident within said town six months, shall be qualified voters. Such election shall, by the ordinary, be provided to take place not earlier than forty days and not later than one hundred days after the approval of this Act. Notice of said election shall be published in the Carrollton papers twice before said election. In said election those who favor said new Act of incorporation shall have written on ballots for new charter, and those opposed to

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said new Act of incorporation shall have written upon their ballots against new charter. The polls for said election shall be opened from 10 A. M. to 6 P. M. If the majority of lawful votes cast at said election shall be against new charter, then the said new charter shall be of no effect. But if the majority of lawful votes be for new charter, then the ordinary of Carroll county, Georgia, shall make proclamation of the result. Thereupon the said new charter shall go into effect. The managers of said election shall count the ballots cast thereat, and they or a majority of them shall forthwith certify the result to the ordinary, and shall deliver to him the ballots and a list of the voters, and the ballots shall be numbered and a list of the voters and tally sheets shall be kept as in other elections. This Act to be submitted to popular vote. SEC. XLII. Be it further enacted, That all laws and parts of laws in conflict with this Act are hereby repealed, except an Act approved , 189, relating to an additional 25 per cent. of ad valorem tax for said Carrollton, Georgia, approved. Approved September 9, 1891. NEW CHARTER FOR CLARKESVILLE. No. 309. An Act to incorporate the town of Clarkesville, in the county of Habersham, to define the corporate limits thereof, to confer upon the mayor and council thereof certain powers, privileges and duties, to repeal all existing charters or Acts conferring corporate powers upon said town, and for other purposes. SECTION I. The General Assembly of the State of Georgia do enact, That Clarkesville, in the county of Habersham, be, and the same is, hereby incorporated under the name and style of the town of Clarkesville, and in said name may sue and be sued, plead and be impleaded in any of the courts of said State; shall have and use a common seal; shall buy, sell, own and possess all property, real and personal, that may be necessary for the purposes of corporate duties and existence: and shall succeed to all the rights and liabilities of the present corporation of the town of Clarkesville; and the corporate limits of the town shall extend one mile on either side of a line running in the centre of the road or street as it now runs, beginning at the end of the bridge nearest the town, across Sugar river, thence along the centre of the old street to and through the centre of the court-house, thence the centre of the street to and through the centre of the depot building, on the Blue Ridge and Atlantic Railroad, to the line of right-of-way of said railroad most distant from said court-house. Corporate name and general powers. Corporate limits. SEC. II. Be it further enacted, That the government of said town shall be vested in a mayor and five councilmen, who shall be elected at the time and in the manner and for the term hereinafter provided

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and until the first election provided for. W. T. Crane shall be the mayor, and T. G. Spencer, J. P. Wilson, Lindsey Milbanks, J. W. Bigham and J. J. Bowden shall be councilmen of said town. Government. Mayor and councilmen until first election. SEC. III. Be it enacted, That the annual election for mayor and councilmen shall be held on the second Tuesday in December of each and every year, and the officers then elected shall enter on the discharge of their duties at the first regular meeting in January following, and shall hold their office for one year or until their successors are qualified. The regular place of holding said election shall be at the court-house in said town. The mayor and council shall appoint three freeholders, who shall be electors under this Act as managers of said election, whose duty it shall be to receive and count the votes polled and declare the result of the election. Said managers shall be sworn to a faithful, honest and impartial discharge of their duties. Annual elections. Terms of office. Place of elections. Managers. SEC. IV. Be it enacted, That all persons qualified to vote for members of the General Assembly in the county of Habersham, and who reside in the town of Clarkesville, and who shall have paid all legal taxes imposed and demanded by the authorities of said town, and who have done all work on the streets of said town required by said authorities, and who shall have resided in said town for at least thirty days next preceding said election, shall be entitled to vote for mayor and councilmen of said town. Qualifications of voters. SEC. V. Be it enacted, That any elector shall have the right to challenge any voter offering to vote; whereupon the managers shall administer to such voter an oath touching his qualification to vote under this charter, and any person voting illegally at such election shall be subject to the same penalties as are prescribed by the laws of this State for illegal voting in the State and county, and shall be prosecuted for the same before Habersham Superior Court. Challenge of voters. Penalty for illegal voting. SEC. VI. Be it enacted, That the mayor of said town shall post at the court-house door, and publish in the town newspaper, the time for holding said election and the names of the managers thereof at least ten days before the day of said election. Notice of time for election and names of managers. SEC. VII. Be it enacted, That in case a vacancy occurs amongst the members of council for any cause, the mayor shall advertise an election to fill said vacancy, and in case of a vacancy in the office of mayor from any cause, the town council shall order an election to fill the vacancy, giving at least ten days' notice thereof, both by posting at the court-house door and through the town newspaper. Vacancies. SEC. VIII. Be it enacted, That immediately after any election for mayor and council, or to fill vacancies, the managers, after counting the votes, shall hand over to the mayor for the time being a copy of the tally sheet and shall retain a copy themselves. Thereupon the mayor shall notify the persons elected, and on or at the first meeting in January after their election, the elect shall take and subscribe before the outgoing mayor, or any justice of the peace for the county, the following oath of office, to-wit: I, A. B., do swear that I will well and truly perform the duties of mayor (or member of council as the case may be) of the town of Clarkesville by adopting such measures as in my judgment be best calculated

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to promote the welfare of the inhabitants of said town, so help me God, and shall at once enter on the discharge of their respective duties. Election tally sheet to be turned over to mayor. Persons elected to be notified and sworn in. Oath. SEC. IX. Be it enacted, That the mayor and council shall elect a mayor pro tem. , who shall be clothed with all the powers of mayor in cases of the absence or disqualification of the mayor. Mayor pro tem. SEC. X. Be it enacted, That the mayor shall be bound to keep the peace, and shall be ex officio justice of the peace, so far as to enable him to issue warrants for offences, committed within said town, and shall have power to bind over or commit, after examination, all offenders against the laws of the State, for such offences. Mayor ex officio justice of the peace. SEC. XI. Be it enacted, That the mayor or any member of council shall be liable to prosecution before the Superior Court for malpractice in office as now provided by law in cases of justices of the peace. Mayor and councilmen may be prosecuted for malpractice. SEC. XII. Be it enacted, That the mayor of said town shall have a general supervision of said town and its affairs and officers. He shall be required to make out and publish annually a full statement of the financial condition of the town. Neither the mayor nor any member of council shall be accepted as security on any bond or recognizance required to be given by the charter or laws of said town, nor shall any one of them be interested directly or indirectly in any contract, office or appointment in said town. The mayor and council shall hold regular meetings at such times as they may designate. Mayor. Financial statement. Neither mayor nor councilmen can be surety on bonds, etc. Nor interested in any contract, etc., in the town Meetings. SEC. XIII. Be it enacted, That the mayor and council shall appoint or elect a marshal, a clerk, a treasurer and such other officers as they deem necessary, requiring such bonds and prescribing official oaths for faithful discharge of duty as they see fit, and shall fix their compensation, and shall have power of removal for good cause, and complete control of all subordinate officers. They shall also have power to appoint such additional police force as may be necessary, and shall prescribe the duties to be performed by each and every officer elected or appointed by them. Marshal, clerk,treasurer, etc. Police force. SEC. XIV. Be it enacted, That the mayor and council shall have full authority and power to lay out and open new streets in any part of said town; to alter or abolish any existing street or alley; to control, protect, work and repair the public square and all streets and alleys in said town, and to exercise full control of the same; provided , they in no way interfere with the use, enjoyment or necessary control of the county buildings in said county. Said mayor and council shall have full control of the streets, lanes or alleys in said town; shall have power to require all persons in said town liable to road duty to work the roads, streets, sidewalks, alleys, squares or lanes in said town, said work not to exceed fifteen days by any hand in one year, or they may levy and collect a commutation tax for street work not exceeding

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five dollars per capita per annum from each person liable to road duty in said town. Opening, abolishing, etc., streets etc. Street work or commutation tax. SEC. XV. Be it enacted, That the mayor and council shall have power and authority to make and pass all such constitutional and lawful ordinances, by-laws, rules and regulations as they shall deem necessary for the good order, peace, health, prosperity and welfare of said town, shall provide appropriate penalties for a violation thereof, and shall at all times preserve good order, peace and quiet in said town; provided , that the mayor or mayor and council shall have power to impose a fine for violation of any ordinance of said town, not exceeding fifty dollars, or imprisonment in the guard house or calaboose not exceeding thirty days, or work on the streets or sidewalks or other public works of the town, not exceeding thirty days; and provided, also , that the power to punish for contempt shall not exceed twenty dollars fine or twenty days' imprisonment. Ordinances by-laws,etc. Penalty for violation of town ordinances. Penalty for contempt. SEC. XVI. Be it enacted, That the mayor and council shall have the power to grant licenses, upon payment of a sum prescribed, to auctioneers, to vehicles, and to limit the rates of freight and passage on the same in the town, on all hotels, boarding houses, restaurants, barber-shops, billiard saloons or tables, ten pin alleys, and all other establishments not herein mentioned. Licenses. SEC. XVII. Be it enacted, That the mayor and council shall have power to license the sale of all fresh meats or other articles usually sold in markets; provided , they may free all such articles from taxation in their discretion. Sale of fresh meats. SEC. XVIII. Be it enacted, That the mayor and council shall have power to regulate all lanes, alleys, sidewalks, public squares, parks, privies, butcher-pens, slaughter-houses and all other places and houses in the town, and they may remove anything or have it removed, if it shall become a nuisance or injurious to the health of the town. They shall have full power over all pumps, cellars, cisterns, fire companies and engines within the town. Sidewalks, parks, butcher pens, etc. Nuisances. Pumps, cellars, cisterns, etc. SEC. XIX. Be it enacted, That the mayor and council shall have authority to provide against the ravages of fire, and shall control all chimneys, flues, stoves, forges, shops and everything else that endangers the property of the town. Provision against fire. SEC. XX. Be it enacted, That the mayor and council shall have authority to direct all work on the streets, squares or alleys, all bridges, crossways or other construction. They shall prevent and have removed all obstructions on the streets, lanes or squares of the town, and shall be authorized to punish for injury or damage done to the property of the town or its streets, alleys or squares, as well as that belonging to the county of Habersham, located within said town. Public works. Obstructions on streets,etc. Punishment for damage to public property.

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SEC. XXI. Be it enacted, That the marshal of said town, his deputy, or any policeman acting by authority of said marshal, or of the mayor and council, shall be authorized to arrest any violator of the ordinances of said town, or any person guilty of a breach of the peace, or of riot or boisterous and disorderly conduct in said town, with or without process; provided , said arresting officer or policeman shall carry such offender, with the least possible delay, before the mayor or other officer authorized to hear and determine such charge. Arrests, etc. SEC. XXII. Be it enacted, That the mayor or mayor protem. , or in the absence or disqualification of both of said officers, any member of council, shall have authority to try all persons charged with violations of the ordinances of said town, and upon conviction, to impose lawful punishments; said mayor's court to be held in the council chamber at such times, and for such length of time, as may be provided by ordinance or by-law, or as the public exigencies may require. Mayor's court. SEC. XXIII. Be it enacted, That said mayor and council shall be empowered to levy and collect a general tax upon all the taxable property, real, personal and choses in action located in said town, not to exceed one per cent. in order to-raise funds to carry out the purposes and intentions of said corporation, and to advance the general interest and the public welfare of the citizens of said town. Ad valorem tax. SEC. XXIV. Be it enacted, That the mayor shall receive as his salary the sum of one hundred dollars per annum as his compensation or salary. Salary of mayor. SEC. XXV. Be it enacted, That the mayor and council may, in their discretion, provide for an annual registration of all the voters in said town, agreeably to the provisions of this charter as to the qualification of voters. Registration of voters. SEC. XXVI. Be it enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 22, 1891.

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AMENDING CHARTER OF CLARKESVILLE. No. 535. An Act to amend section 2 of an Act to incorporate the town of Clarkesville, in the county of Habersham; to define the corporate limits thereof; to confer on the mayor and council thereof certain powers, privileges and duties; to repeal all existing charters or Acts conferring corporate powers upon said town, and for other purposes, approved August 22, 1891. Whereas, Said section provides that W. T. Crane shall be mayor, T. G. Spencer, J. P. Wilson, Lindsey Wilbanks, J. W. Bigham and J. J. Bowden shall be councilmen of said town until the first election provided for in said Act; and Preamble. Whereas, Said named parties had been succeeded lawfully by others; therefore, SECTION I. Be it enacted, That said section be, and the same is, amended so as to provide that until the first election is provided for under this Act, that M. T. Perkins shall be mayor, and J. K. Burns, W. W. Lambert, A. P. Houston, E. Fuller and J. A. Kitron shall be councilmen. Mayor and councilmen until first election under Act of Aug. 22, 1891. SEC. II. Be it enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved October 3, 1891. NEW CHARTER FOR COLUMBUS. No. 13. An Act to create a new charter for the city of Columbus, and to consolidate and declare the rights and powers of said corporation, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That the city of Columbus (heretofore made a body politic and corporate by Acts of the General Assembly of Georgia, under the name of the mayor and council of the city of Columbus) shall, from and after the passage of this Act, have and be known by the corporate name of The City of Columbus; that by such corporate name it may sue and be

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sued; have and use a corporate seal; make and enact through the mayor and Board of Aldermen ordinances, resolutions, rules and regulations for the transaction of its business and the proper government of the city, which shall be consistent with the laws of Georgia and of the United States. The said corporation, through its mayor and Board of Aldermen, shall have special powers in its corporate capacity to make all contracts which they may deem necessary for the welfare of the city or its citizens: to assess values of property, levy and collect taxes thereon; to remove nuisances. They shall have such full control and power over the streets, lanes and alleys of the city, and to remove obstructions therefrom, as is generally exercised by and granted to municipal corporations, and shall, in general, have all the powers incident to corporations under the laws of this State, and, in addition thereto, all other powers which are necessary and proper to make, regulate, maintain and preserve a proper and legal government for said city; but the mayor and council shall have no right or authority to alter the plan of said city, nor to shut up streets, nor to permit any building to be erected in said streets, nor any obstruction to be placed therein, except as provided by laws of the State; nor shall the said city become a stockholder in any company, corporation or association, or appropriate money for or loan its credit to any corporation, company, association, institution or individual except for purely charitable purposes and for public schools. Corporate name and general powers. Restrictions on power. SEC. II. Be it further enacted by the authority aforesaid, That the corporate limits of the city of Columbus shall embrace all the territory set forth and described in the following Acts, and as so set forth and for the purposes therein named: Corporate limits. An Act entitled an Act to lay out a trading town and to dispose of all the lands reserved for the use of the State near the Coweta Falls, on the Chattahoochee river, and to name the same. Assented to December 24, 1827, and marked on the general plan of the town made by commissioners of the State of Georgia, in pursuance of said Act. An Act entitled an Act amendatory of an Act entitled an Act to incorporate the town of Columbus, in the county of Muscogee, and to provide for the election of intendant and commissioners of the same, and for other purposes therein contained. Assented to December 24, 1836. An Act entitled an Act to provide for the extension of the corporate limits of the city of Columbus, in the county of Muscogee. Approved September 2, 1887. An Act entitled an

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Act to extend the corporate limits of the city of Columbus, in the county of Muscogee, and for other purposes. Approved November 14, 1888. An Act entitled an Act to define the boundaries of that part of the city of Columbus commonly known as Rose Hill annex, so that said boundaries shall be fixed and established as follows: The present north line of said annex, which is the north line of the city of Columbus, shall extend due east until it intersects a line which shall be a prolongation of what is now known as the east side of Twelfth avenue, which said east side of Twelfth avenue shall be the east line of said annex of said city of Columbus; and the south line of said annex shall be the original north line of said city of Columbus, and what is known as Cemetery street, to a point where said Cemetery street intersects said Twelfth avenue. Approved July 26, 1889. An Act entitled an Act to extend the corporate limits of the city of Columbus in the county of Muscogee, so as to embrace and include all that tract or parcel of land recently purchased by the mayor and council of the city of Columbus from Andrew H. and Albert W. Shepherd, containing one hundred and fifty acres more or less, and for other purposes. Approved November 13, 1889. When at any time it is desired that territory now lying outside of the present corporate limits of the city of Columbus be incorporated within and become a part of the city of Columbus, then on a petition of twenty-five persons residing within the territory desired to be annexed, addressed to the mayor and aldermen, and clearly defining and marking the limits and boundaries of the territory proposed to be added, and stating the desire that said territory should become a part of the city, the same shall be considered by said mayor and Board of Alderman, and if in the judgment of said mayor and alderman it is not expedient to add such territory, then they must decline the same; but if in the judgment of the mayor and Board of Alderman, or a majority of them, the addition is one which is expedient to be made, then the mayor and Board of Aldermen shall order an election to be held at some convenient place within the territory so desired to be annexed, at which all persons residing within the limits of the territory so desired to be annexed, who are qualified to vote for members of the General Assembly, may vote, either for annexation or against annexation, and said mayor and Board of Alderman shall, at the same time, also order an election

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to be held in said city on the question of the annexation of said territory, at which all the qualified voters of said city shall be entitled to vote either for annexation or against annexation; and if a majority, both in the city and proposed territory, vote for annexation, then the territory described in said petition shall be and become a part of the city of Columbus, and under the jurisdiction of all laws and ordinances governing the city of Columbus. Manner in which limits may be extended. This section shall be held as cumulative only of the manner of extending the corporate limits of the city. SEC. III. Be it further enacted by the authority aforesaid, That in addition to the territory embraced in the corporate lines, as set forth in the several Acts mentioned in the preceding section, all the land and territory outside of said corporate lines, which lies within the State of Georgia and within one mile and one-half in a straight line from any point of the corporate limits, shall be known as the police district of the city of Columbus, over which the municipal government of the city of Columbus shall have and exercise a limited power and authority only as follows: Police district of the city of Columbus. First. The mayor and alderman of the city of Columbus shall have the sole and exclusive right to regulate the sale of spirituous and malt liquors within said police district, and to grant or refuse a license therefor; and they may put such terms, restrictions and conditions on the sales of such liquor as they may deem proper, but in no case shall a license be granted within said district for a less term than one year, and if any license is granted within said district, the fees thereof shall never be less than the amount of the license fee, within the corporate limits proper of the city of Columbus. All such fees shall be collected in the same manner as similar fees are collected in the city of Columbus and paid into the city treasury. Regulations as to sale of liquors within. Second. All laws and ordinances in force in the city of Columbus in reference to crimes or misdemeanors against the persons of citizens or individuals, against the habitations of persons, relative to property, against the public peace and tranquillity, against public morality and health, and offences committed by cheats and swindlers, and offences against public trade, against fraudulent or malicious mischief, shall be in force within the territory comprising the said police district, in the same manner and to the same extent as they are in force within the corporate limits of said city, and for the purpose of preventing the commission of any and all of said offences, and suppressing the same and in order to apprehend

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violators of said laws, police jurisdiction is hereby expressly given to the mayor and alderman of the city of Columbus, over the said entire territory embraced in said police district, and to this end they shall have the power to enforce said laws and ordinances by the marshal and police department of the city of Columbus, just as they may deem proper and necessary to the full protection of the city. It is, however, expressly provided, that no obligation shall rest on the principal authorities to establish any police system within said district; they are hereby given the power and right so to do, which right they may exercise in full, partially or not at all, as in their judgment the best interest of the city of Columbus may require. For the purposes set out in this section only shall such police district be deemed or held to be a part of the city of Columbus. City laws and ordinances as to crimes or misdemeanors in force within the police district. No obligation to establish police system within the district. District a part of city only for purposes set out in this section. SEC. IV. Be it further enacted by the authority aforesaid, That the city of Columbus shall be laid off and divided into wards as follows: Division into wards. The first ward shall embrace all that part of said city of Columbus (including the north commons) lying north of 14th street and south of 17th street. First. The second ward shall include all that part of said city and commons lying south of 14th street and north of 12th street. Second. The third ward shall include all that part of said city and commons lying south of 12th street and north of 11th street. Third. The fourth ward shall include all that part of said city and commons lying south of 11th street and north of 9th street. Fourth. The fifth ward shall include all that part of said city of Columbus, and the commons thereof, lying south of 9th street and north of 7th street. Fifth. The sixth ward shall include all that portion of said city of Columbus lying south of 7th street. Sixth. All of the land and territory annexed to and now constituting a part of the city of Columbus, lying north of 17th street, extending from the center of what is known as the Hamilton and Columbus public road, to the west boundary of said annexed territory, shall be known and defined as the seventh (7th) ward of the city Columbus, and all of said territory extending from the center of said road to the east boundary of said annexed territory, which is a line, which is a prolongation of what is now known as the east side of 12th avenue, and which lies north of the old city cemetery and Lynnwood drive, formerly known as Cemetery street, shall be known and defined

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as the eighth (8th) ward of the city of Columbus, but the mayor and aldermen of the city of Columbus shall have the right and power by ordinance to make new divisions of the territory of the city into wards, and change those established by this Act, and increase number of same, and when any new territory shall be added to said city, the same shall as early as practicable be constituted a new ward or wards, or may be added to and become parts of old wards. Seventh. Eighth. Changes of the wards, etc. SEC. V. Be it further enacted by the authority aforesaid, That the municipal government of said city of Columbus shall be vested in a mayor and a Board of Aldermen consisting of two members from each ward in said city, and the term of office of each, the said mayor and aldermen, shall be two years, and until his (or their) successors shall have been chosen and qualified, and the term of office of the aldermen shall be so arranged that one alderman from each ward shall be chosen annually. Any person shall be eligible to the office of mayor who shall have resided in the city of Columbus for two years immediately preceding his election, and shall be qualified to vote for members of the General Assembly under the laws of this State and for aldermen of the city of Columbus as prescribed in this Act. Any person shall be eligible to the office of aldermen, who shall have resided in the city of Columbus for one year immediately preceding his election, shall be a bonafide resident of the ward from which he is chosen, and shall be qualified to vote for members of the General Assembly under the laws of this State and for aldermen in said city. The mayor shall have an adequate salary per annum to be fixed by the Board of Aldermen, which shall not be increased nor diminished during his term of office. The aldermen of said city shall serve without compensation. Municipal government. Terms of office. Who may be mayor. Who aldermen. Salary of mayor. Aldermen to serve without compensation. SEC. VI. Be it further enacted by the authority aforesaid, That the election of said mayor and Board of Aldermen shall be by a general ticket system in which every qualified voter residing in any ward shall be entitled to vote for the mayor and aldermen for each and every ward, and all persons shall be qualified to vote at elections for mayor and aldermen of the city of Columbus, and for aldermen and on any question to be determined by the citizens of said city, and for any other officers to be elected for said city, who are, 1st, male citizens of the United States; and, 2d, who have resided in the State of Georgia twelve months, and in the county of Muscogee six months, and in the city of Columbus thirty days immediately preceding the day of the election, and who are of the age of

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twenty-one or more years; and, 3d, who have paid all city taxes required of him, including city taxes since the adoption of the present Constitution of this State, and which he has had an opportunity of paying agreeably to law except for the year of the election; and 4th, who shall have been registered according to the provisions of this Act. No person shall be a legal voter at any election for mayor, aldermen or any other officer of said city nor at any election to be hereafter held for any city matter or purpose unless he shall be qualified as prescribed by this section. Regulations as to elections. SEC. VII. Be it further enacted by the authority aforesaid, That the regular election for mayor and alderman shall be held on the second Saturday in December; that the first election under this Act shall be on that day in the year 1890, to fill full terms of two years of the aldermen, one from each ward, whose terms expire at that time under the laws now existing for said city. The next election shall be on the second Saturday of December, 1891, for a mayor and aldermen, one from each ward, for full terms of two years in the place of the present mayor and aldermen whose terms will expire on that day; and so an election shall be held on said day in each year to elect successors to the mayor and one alderman from each ward, when a mayor is to be elected, and if no mayor is then to be elected, then one alderman from each ward as their respective terms of office shall expire, the mayor being chosen once in every two years. In every such election, the name of the person voted for as alderman must appear, and also the number of the ward which it is desired that he represent, and in which he shall reside, and the person duly qualified who receives the highest number of votes at such election for mayor shall be elected, and the person duly qualified to serve who receives the highest number of votes as alderman for a particular ward shall be elected alderman of that ward and be so declared. All elections for mayor and aldermen and elections on any question submitted to the voters of the city shall be held at the court-house, and at such places as are now or may be hereafter established by law or the ordinances or resolutions of such city. The mayor and aldermen shall have full power and authority to establish as many polling places as they may deem necessary. Time of holding elections for mayor and aldermen. Ballots, etc. Places for holding elections. SEC. VIII. Be it further enacted by the authority aforesaid, That within three days after his election, unless providentially hindered, the mayor shall, before the retiring mayor, or before some officer of the State or county who is authorized to administer

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an oath, take and subscribe to the following oath, or he may affirm thereto: I (name) do solemnly swear (or affirm) that I am duly qualified, under the laws of this State, to serve as mayor of the city of Columbus; that I verily believe myself to have been elected to said office; that to the best of my ability I will promote and protect the interest of said city, observe and execute the laws of the State and the ordinances of the city of Columbus, so help me God. And such alderman, before entering on the discharge of his duties, shall also take and subscribe the following oath: I (name) do solemnly swear that as alderman of the city of Columbus I will impartially and to the best of my ability promote the interest and prosperity of said city and all the inhabitants thereof without fear, favor or affection, so help me God; which oath shall be taken before and in the presence of the mayor, and in case of his absence and inability before any officer authorized to administer an oath. Oath of mayor. Of aldermen. SEC. IX. Be it further enacted by the authority aforesaid, That additional officers of the government of said city shall be a clerk of council, city attorney, city treasurer, clerk of the market and marshal (who shall be chief of police), city sexton, sanitary inspector, superintendent of public works, city engineer and such other officers, agents and employees as may be provided in this Act, or as said mayor and Board of Aldermen may deem necessary; and the said mayor and aldermen shall prescribe the duties and fix the salaries of all such officers, but none of such officers shall have or receive any fees, perquisites or costs; the compensation of each shall be by fixed salaries. All of said officers named shall be elected by the mayor and aldermen of said city, each of said aldermen having one vote, and a majority of the whole board shall be required to elect, the mayor having a vote only in case of a tie. The terms of all and each of said officers shall be one year, and they shall take such an oath and give such bonds for the faithful performance of their respective duties as may be prescribed by the said mayor and Board of Aldermen. The first election for all such officers shall be held at the first regular meeting of the mayor and aldermen, after the general election for aldermen, in the year 1890; and after such first election, all subsequent elections for the officers named or referred to in this section shall be held at the regular meeting in July in each year, and they shall each enter upon the discharge of their respective duties immediately upon the adjournment of the first meeting of the mayor and Board of Aldermen, held

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after the second Saturday in December in each year, or at such other time or times as may be hereafter prescribed by ordinances of the mayor and Board of Aldermen; but the salary of no officer of the city government shall be increased or diminished after the election of such officer and during the term for which he shall have been elected, and all such officers shall hold their said offices respectively until their successors are duly elected and qualified, unless sooner removed by the mayor and Board of Aldermen; and in case of a vacancy in any of said offices the same shall be filled by the mayor and Board of Aldermen at any regular or called meeting. And said mayor and aldermen shall have power at any time to consolidate any two or more of said offices into one. Additional officers. Compensation. Election. Terms. Oath and bond. Time of elections, etc. Vacancies. Consolidation of Offices. SEC. X. Be it further enacted by the authority aforesaid, That the clerk of council, or any one appointed in his place by the mayor and aldermen for that purpose, shall open a list for the registration of voters three months prior to the annual election for mayor and aldermen, or aldermen, as the case may be, which list shall be kept open at the clerk's office until twenty days before said election in each year, when the same shall be closed finally and absolutely; provided, however , that if any person within said twenty days, who is otherwise entitled to vote, shall make an affidavit before the clerk that he was absent from said city upon lawful business during the time within which he is required by this Act to register his name, he shall be entitled to register his name and vote at said election. That it shall be the duty of such clerk or other person or officer, upon the application in person (and not by proxy) of any person entitled to vote as aforesaid, within the time prescribed for the list to be kept open to register the name of such person, expressing in said registry his name, age, occupation and color, and the ward in which he resides in said city, which shall be entered by the clerk or officer on said list opposite the name of each applicant, with such other description as may hereafter be prescribed by the mayor and Board of Aldermen by resolution or ordinance, but no person shall be entitled to registry who has not continued to reside within the State twelve months, and in the county of Muscogee six months, and within the corporate limits of the city of Columbus thirty days immediately preceding the election. The clerk or other officer may in any case administer an oath to the applicant touching his right to be registered. That it shall be the duty of the clerk or other officer, immediately after closing the list of registered voters, to arrange an alphabetical list of said registered

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voters, designating the ward in which they reside at the time of their registry, and shall within five days after said list is closed, published in the newspaper in which the proceedings of the council are published for the current year or in hand-bill form, as may be ordered by the mayor and aldermen, a full and complete list of the registered names, designating the number of the ward in which each person who has registered resides, which shall be distributed in said city as may be directed by the mayor and aldermen. Registration of voters. SEC. XI. Be it further enacted by the authority aforesaid, That it shall be the duty of the clerk of council to furnish to the manager presiding at the election of mayor and aldermen, or aldermen, and at every election ordered by the mayor and aldermen in the city of Columbus, at or before the opening of the polls or places of voting in said city, to be referred to by them in ascertaining the eligibility of voters, a complete list of all the names, arranged in alphabetical order, which shall have been registered according to the provisions of this Act, together with the age, occupation or business, color and such other descriptions as shall have been required, and the number of the ward of their residence in said city at the time of registration, of every person whose name is so registered (being a copy of the last registry), certified under the hand of said clerk and the corporate seal of the city of Columbus, which list shall be kept before said managers in the several places of voting during such election, and when said election is over it shall be deposited in the office of said clerk of council to be safely kept by him. That the presiding managers of said election in the several places of voting in said city shall be authorized to administer an oath, as follows, to any person attempting to vote: You do solemnly swear that you are a citizen of the United States; that you have resided in the State of Georgia for twelve months immediately preceding this election, and six months in the county of Muscogee, and within the corporate limits of the city of Columbus for thirty days immediately preceding the election, and that you do, in good faith, hold and claim your residence and home in said State and county and city for the time aforesaid; that you are twenty-one years of age; that you have paid all taxes due by you to the city of Columbus since the adoption of the present Constitution of this State, and which you have had an opportunity of paying, agreeably to the law, except for the year of this election; that you have been duly registered within the time prescribed by law and are entitled to vote at this election, and that you have not voted

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at this election, so help you God. The temporary absence from home of the voter during either of the terms specified shall not be construed in a way to exclude such vote. Any person who shall claim the right to vote at a special election whose name is not registered, and who may have become entitled to vote since said registry was made, shall be required to swear to the oath hereinbefore prescribed as to his qualifications to vote, omitting that part of said oath in reference to said registry. Any person who shall take either of the oaths aforesaid before any manager at any said elections for the purpose of voting at said election, and who is not entitled to vote according to law and the terms of said oath, shall be subject to be indicted in the Superior Court of Muscogee county for false swearing, and, if found guilty, shall be subject to the punishment prescribed in the Code of Georgia for said offence. Any person or persons who shall or may vote for mayor and aldermen, or aldermen, or on any question submitted to the voters of said city at any of the polling places in said city, without being entitled to vote for the same, or who shall vote for any of said officers or on such questions more than once at the same election, or cast any vote which is contrary to the provisions of this Act at any general or special elections held in said city, shall be subject to all the pains and penalties of the laws of this State against illegal voting, and shall and may be prosecuted for said offences, or either of them, before the Superior Court of said Muscogee county. Lists to be furnished election managers. Oath to be administered to voters. Temporary absence of voters not to exclude vote. Voters not registered. False swearing. Illegal voting. SEC. XII. Be it further enacted by the authority aforesaid, That in all city elections, as provided for in this Act, a separate poll or polls for white or colored voters shall be opened at such place of election, and shall be held under the superintendence of managers to be appointed by the mayor and aldermen, at any regular or called meeting, who shall be either citizens, who are regular voters, or justices of the peace, and not candidates in the election held. If the managers appointed, or any of them, decline to serve, the mayor shall appoint others to fill the vacancies. The polls shall be open for such a length of time at each polling place as may be directed by the mayor and aldermen; and after the polls shall be closed the said managers of the elections shall meet at the court house, in the city of Columbus, and consolidate the votes and make returns thereof to the mayor and aldermen, and the persons receiving the highest number of votes shall be declared duly elected. The mayor shall be the chief executive officer of the city, and besides the powers and duties imposed by

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mayor and aldermen, he shall exercise general supervision over the affairs of the city. He shall preside over all meetings of the mayor and Board of Aldermen, and in case the office of mayor of said city shall become vacant from any cause, the Board of Aldermen of said city, at either a regular or called meeting, shall order an election for mayor to fill such vacancy, which said election shall be advertised in a public gazette of said city of Columbus not less than five days; and the person elected shall hold his office until the next regular election for mayor, and until his successor has been elected and qualified; and in case any vacancy should happen by death, resignation, removal or otherwise of any alderman for any or either of said wards, the mayor and Board of Aldermen of said city may order an election to fill such vacancy by advertising the same at least five days previous to holding said election; and the person so elected shall hold his office during the term his predecessor was elected to fill and until his successor is elected and qualified. The mayor and Board of Aldermen shall have and exercise jurisdiction in all cases of contested elections for mayor and aldermen, under such rules as they may prescribe, and finally determine all contests which may be made. Separate polls for white and colored voters. Managers. Opening and closing of polls. Consolidation and return of vote, etc. Duties of mayor. Vacancy in office of mayor. In office of alderman. Contested elections. SEC. XIII. Be it further enacted by the authority aforesaid, That said mayor and Board of Aldermen may require of the marshal, treasurer, clerk of council, sexton, and other officers elected by them, a bond, in such amount as they may prescribe with good and sufficient security to be approved by the mayor and aldermen for the faithful performance of the duties of their respective offices, and the officers selected by them shall, after their election and qualification, be under the exclusive control of the mayor and Board of Aldermen, subject to be removed in their discretion at any time, by a vote of a majority of all members elected at any regular meeting, and no officer so dismissed shall be eligible to any office during the time for which he was elected and his salary shall cease with such removal. Bonds of officers. Control of officers. SEC. XIV. Be it further enacted by the authority aforesaid, That the mayor and Board of Aldermen, or a majority of them, shall have the right at any regular meeting to elect one of their body as mayor pro tem. who shall, in case of any vacancy in the office of mayor, and during the absence from the city or disability of the mayor, exercise all the powers and discharge all the duties of mayor, until such vacancy has been regularly filled or until the return of the mayor or the removal of his disability; and at any regular or called meeting when

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neither the mayor nor the mayor pro tem. are present, or when both of said officers are absent from the city at the same time, the Board of Aldermen shall designate one of their number to preside over their meetings and discharge the duties of mayor until the return to the city of one of said officers. Mayor pro tem., etc. SEC. XV. Be it further enacted by the authority aforesaid, That the said mayor and Board of Aldermen shall have the right and power, in order to raise the necessary revenue to properly carry on the government of said city, to build sewers, procure water supply; to make, open, grade, repair and keep in order the streets and bridges of said city; to light the same; to properly police and protect the same; to pay the salaries, cost and expenses of the city officers and employees; to establish and maintain a proper fire department; to erect and maintain suitable buildings and offices; and to furnish and maintain all things needful and appertaining to the protection of life, liberty and property, the suppression of crime, the maintenance of law and order, the payment of the debts of the city, for educational purposes, for cemetery purposes, for hospitals and charitable institutions, for the care of the poor, for establishing necessary squares and parks, for quarantine purposes, for caring for prisoners and providing means and places for their punishment, and for all such other purposes as will tend, in their discretion, to add to the comfort, safety, convenience, benefit, health and advantage of said city and of the citizens thereof, and for the material improvement of said city as may be demanded in their discretion, and for all other purposes in order to properly carry on a city government, as herein indicated and not forbidden by law; to levy and collect a street or capitation tax on all male residents of the city, and also a tax on all the property within the corporate limits of said city, which is subject to State tax under the Constitution and laws of this State, and upon all trades, business, callings, professions, sales, labor, pursuits, which are legal subjects of taxation, as they may deem expedient, and may enforce payment of the same by license or direct tax in such manner as they may determine to be best and most advantageous. They may also impose, assess, levy and collect taxes on capital invested in said city, on stocks of corporations, choses in action and on such incomes and commissions, derived from the pursuits of any profession, faculty, trade or calling, banks, insurance, express and other corporations, associations and agencies, and all other property and sources of profit as are not expressly prohibited or exempt by the laws of this State

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or of the United States; but all taxation on property shall be uniform on the same class of subjects, and ad valorem on all property subject to be taxed in said city. Each and every itinerant trader, irregular or occasional dealer, his or their agents or consignees (save and except licensed auctioneers and commission merchants), who shall neglect or refuse to render in the amount of goods, wares and merchandise sold by him or them, which is subject to be taxed by the ordinances of the city, immediately after the sale of the same, and to pay the tax thereon, shall forfeit and pay a sum at the discretion of said mayor and aldermen, not exceeding one hundred dollars; for which execution may issue directed to and authorizing and commanding the marshal of said city to levy upon the property and effects of said itinerant trader, irregular or occasional dealer, his or their agents or consignees, so in default, which shall be levied, and by sale of said property by said marshal, in the manner in which sales for city taxes are made, the tax due, with all cost, shall be satisfied. All other persons subject to taxation who shall neglect or refuse to render in his, her or their property, or pay the tax on the same when required by the ordinances of said mayor and aldermen, may be proceeded against by execution in the same manner, and according to such rules and ordinances as may be adopted by said mayor or aldermen to enforce the collection of taxes aforesaid. Objects for which revenue may be raised. Street or capitation tax. Property tax. Tax upon trades etc. Tax on invested capital, etc. Property tax to be uniform and ad valorem. Itinerant traders, etc. Failure to make return or pay tax. SEC. XVI. Be it further enacted by the authority aforesaid, That the mayor and aldermen are hereby vested with exclusive jurisdiction to charge such rates of wharfage upon goods delivered at the city wharf, or upon the river bank within the corporate limits of said city, and port dues upon steamboats, barges and boxes for carrying freight, arriving and leaving said city, as said corporate authorities may deem expedient for the safety, benefit, convenience and advantage of said city, and may enforce the payment of such assessments, duties and tolls in such manner as said mayor and aldermen may prescribe. The said mayor and aldermen shall have the control and regulation of all shops, taverns, stores, barrooms and pawnbrokers, and also of all omnibuses, hacks, drays, express wagons and other vehicles within the corporate limits of said city, and may pass such ordinances and enforce the same by such penalties as they may prescribe; and also the power to regulate the conduct of peddlers and itinerant traders within the same limits by taxation or otherwise. That said mayor and aldermen of the city of Columbus shall have the power to impose a tax not to exceed one per cent. on all sales made in said city by drovers of mules and horses in said city. Wharfage. Port dues. Regulation of shops, taverns, stores, etc. Tax on sales by drovers.

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SEC. XVII. 1. Be it further enacted by the authority aforesaid, That the mayor and Board of Aldermen of said city shall have full power and authority, in their discretion, to construct sidewalks in said city of such width as they may see fit and to pave the same; to pave sidewalks already constructed; to put down curbing and otherwise improve or widen sidewalks not constructed or hereafter constructed in said city. Sidewalks. 2. That in order to carry into effect the power delegated in the preceding paragraph, said mayor and aldermen shall have full power and authority to assess the cost of constructing, paving and otherwise improving sidewalks, including all necessary curbing, on the real estate abutting on the sidewalk constructed, paved or otherwise improved. Assessments for. 3. The material to be used in constructing, paving or otherwise improving sidewalks and curbing the same, the character of the improvements and all other similar questions shall be within the discretion of said mayor and aldermen, and nothing in this Act shall be so construed as to require all sidewalks to be made of the same material or improved in the same manner. Material to be used, character of improvement, etc., within discretion of mayor and aldermen. 4. The said mayor and aldermen shall have full power and authority to assess the cost of keeping in repair and in condition suitable for travel any of the sidewalks in said city now laid out, and hereafter to be laid out, on the real estate abutting on said sidewalks. Assessments for repair of sidewalks. 5. The amount of expense of constructing, paving or otherwise improving sidewalks under this Act shall be a lien on the real estate abutting on the sidewalk constructed, paved or otherwise improved from the date of the passage of the ordinance providing for the work. Expense of construction, repair, etc., a lien on abutting realty. 6. The amount of each assessment for the repair of or work on sidewalks under the foregoing paragraph of this section shall be a lien on the real estate assessed from the time the repairs are made or the work is done. And the mayor and aldermen may make assessments under the foregoing paragraph by general ordinance requiring all property owners to keep their sidewalks in repair and in a condition suitable for travel, authorizing the work to be done by the officers of the city specified in such general ordinance. Assessments may be made by general ordinance. 7. The said mayor and alderman shall have authority to enforce the collection of the amount of any assessment under this Act by the execution to be issued by the clerk of council of said city, in the name of the city of Columbus, against the real estate so assessed, and against the award thereof at the date of the ordinance making the assessment, except in case of

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assessments under paragraph 4 of this section, when the execution shall be issued against the real estate assessed, and the award thereof, at the time the repairing or work was done, which execution may be levied by the marshal, chief of police, or any policeman of said city, on such real estate; and after advertising and other proceedings, as in case of sales for taxes due said city, the same may be sold at public outcry to the highest bidder; and such sales shall be conducted in the same manner as sales for taxes by municipal corporations in this State, and shall be subject to the right of redemption, and purchase by the municipality in the same manner set fourth in an Act entitled an Act to provide for the manner of tax sales by the municipal corporation in this State, approved February 27, 1877; provided , that the defendant shall have the right to file an affidavit denying the whole or any part of the amount for which the execution issued is due and stating what amount he admits to be due, which amount, so admitted to be due, shall be paid or collected before the affidavit is received, and the affidavit received for the balance; and all such affidavits so received shall be returned to the city court of Columbus and shall be there tried, and the issue determined as in cases of illegality, and subject to all the pains and penalties provided in cases of illegalities for delay. Collection of assessments. 8. The deeds made to the purchaser by the proper officers under the provisions of this Act shall be just as valid to purchasers as if made under the ordinary process of law issuing from the Superior Court of this State. SEC. XVIII. Be it further enacted by the authority aforesaid, That said mayor and aldermen are hereby vested with power to establish fire limits in said city and to prohibit the erection of any wooden building or structure in such part of the city of Columbus as they may designate as the fire limits, and may change and enlarge said fire limits when deemed necessary, and may exercise such supervision and control over the construction of the houses and material used therein, and the erection of awnings and sheds, of stove pipes, chimney flues, and other means of heating as may be necessary and proper to guard against conflagration, and may require building permits to be issued before the erection or repair of any building, which permit shall specify the material to be used and the manner of use in such erection or repair of buildings. The said mayor and Board of Aldermen shall have supervision and control of all wharves and warehouses, cotton compresses, cotton and lumber yards and naval store yards and other

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places in said city, where materials of an inflammable nature are stored, and may prohibit smoking on or near the same, or the use of fire about cotton compresses, cotton warehouses, cotton yards or places where it is stored, or where other inflammable material is kept and also about naval stores in places where they are stored, or kept or may be placed. The said mayor and aldermen shall have power and authority to remove any forge, smith shop or other structure within the city, whenever, in their opinion, it shall be necessary for protection against fire; and shall have power to cause any stovepipe or any other thing or matter that will endanger the city as to fire to be removed or remedied, as their prudence shall dictate; and they may summarily declare such to be dangerous without notice to any one, and remove the same instanter; and whenever it shall appear to them that any decayed house, building or structure of any sort is dangerous to pedestrains or persons passing, or is endangering the public health of said city, or any portion of the inhabitants thereof or any locality therein, or is likely to produce disease, they may summarily condemn it by resolution or ordinance, and cause it to be torn down by the marshal or police; and whenever, in their opinion, it is necessary to burn any property, clothing or whatever else, to prevent the introduction or spread of infectious or contagious disease, they may, with the advice and counsel of the health officer and the majority of the Board of Health, do so instanter , and the marshal or other officer directed shall obey such order; and in all such cases they or any officer assisting in or encouraging in the performance of such order or resolution shall not be liable to answer therefor in any court having jurisdiction, except for gross neglect and extreme want of care coupled with malice and without any probable cause to suspect such actions were for the public good, and every presumption shall be in favor of such act having been lawfully done when done; provided , that whenever any property shall have been destroyed under the provisions of this section, the city of Columbus, in its corporate capacity, shall be liable to the owner thereof for the actual cash value thereof, and shall not be liable for any speculative damages or prospective profits or primitive damages in connection therewith. The mayor and aldermen of said city are hereby authorized and empowered, whenever, in their judgment, the same is necessary for the safety and protection of human life, to require of the owner, agent, lessee or tenant in possession of any building in said city to place

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thereon fire escapes of such character and material as may be by said mayor and aldermen deemed requisite. After notice to place fire escapes on any building in said city, and failure within the time specified to place the same thereon, the owner, agent, lessee or tenant in possession, who shall have been served with such notice, shall be subject to fine or imprisonment or both, as provided by section 21 of this charter of said city, and such ordinances as may be passed in pursuance thereof. Said mayor and aldermen shall have power to prescribe by ordinance for the regulation of the placing of fire escapes on buildings in said city. Fire limits, etc. Building permits. Supervision of wharves, warehouses etc. Removal of forges, smith shops, etc. [Illegible Text] structures, etc. Fire escapes. SEC. XIX. Be it further enacted by the authority aforesaid, That the said mayor and Board of Aldermen shall have full power and authority to establish such system of quarantine, and to make such sanitary regulations within the limits of said city as may, in their judgment, be necessary to prevent the spreading or introduction of contagious or infectious diseases within said city; and in order the more fully to exercise this authority and use this power said mayor and Board of Aldermen are hereby given quarantine jurisdiction over all the area embraced within the jurisdictional limits of the county of Muscogee, in this State; and anywhere within these limits, either in said city or county, may locate, establish and change at pleasure, either permanent or temporary quarantine grounds, houses or pest houses; and may condemn and take lands and buildings and personal property, and property of any sort anywhere within said limits for quarantine grounds or quarantine purposes, either permanent or temporary; and such condemnation proceedings shall be had and done in the same manner and by the same rules as provided in section 28 of this Act for condemning land for streets, ways, etc.; and may, by order, ordinance or resolution, put any part or all of said area under quarantine; and may arrest, detain, quarantine, and if need be confine any person from, or suspected to be from, any infected port or place, or port or place suspected to be infected; and detain and confine such person or persons from day to day as they, by ordinance, shall see fit to declare and prescribe; and shall have power to stop, delay, board, search all trains, cars, steamboats, boats, vehicles and conveyances of every sort, public or private, in said limits, whenever, in the judgment of said mayor and aldermen, it may seem best; and may absolutely prohibit any such vessel, train or carriage from entering said lands, or persons from coming within the same, or any such from leaving any of the same

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but such rigid quarantine shall not be laid and established except by the consent of the mayor and Board of Aldermen and the Board of Health; and no State Board of Health that now is or hereafter shall be established, shall ever have power to molest, lessen or otherwise interfere with said authorities in matters of quarantine in said limits, saving only to see to it that they maintain in said area a quarantine not less strict than such State Board of Health may think best; and said mayor and aldermen shall have full power and authority to punish any violations of the quarantine rules and regulations of said city committed anywhere within said area; and said mayor and Board of Aldermen may, by resolution, adopt any regulation recommended by said Board of Health, which shall, upon being published one time in any newspaper published in said city, and within twelve hours after its publication, become a binding ordinance upon all persons within said city and within said entire area, when it shall so recite. Quarantine and sanitary regulations. The mayor and Board of Aldermen of the city of Columbus shall have full power, upon the recommendation of the City Board of Health, to adopt and enforce such ordinances as they may deem necessary to secure the removal of all garbage, rubbish, filth, dead animals, weeds, undergrowth and other offensive matter and material from any and all occupied and unoccupied lots within the limits of said city at the expense of the owner or owners of such lots; and any owner of such lot or lots, who shall fail or refuse, after written notice from the authorities aforesaid, to comply with the terms of such ordinance, and within the time prescribed by such ordinance, shall be subject to such penalties as may be lawfully prescribed for the same. And said authorities, upon the refusal or failure of such owner to do such work, may cause the same to be done, and issue execution as they may, by ordinance, direct and prescribe against the property of such owner for the amount of such expense and cost; and the person returning such lot for city taxes shall be taken and deemed to be the owner; and said executions shall proceed in the same manner, and shall be liable to the same defences as is prescribed in this Act, where executions are issued by said city for constructing, paving or otherwise improving sidewalks of said city. Removal of garbage, etc. The mayor and aldermen shall have power and authority to elect a health officer, who shall be a physician of at least five years practice, whose term of office shall be one year, and whose duty and compensation they shall prescribe and regulate; but when once fixed it shall not be decreased or increased,

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owing to the term of an incumbent; and said mayor and Board of Aldermen shall, at any regular meeting, elect a Board of Health to consist of such number of members, and for such terms of office as they may prescribe. The members of said Board of Health shall be each over twenty-five years of age, five years a resident and citizen of said city, and shall take the following oath before an officer authorized to administer an oath: I do solemnly swear that I will well and truly discharge all the duties required of me as a member of the Board of Health of the city of Columbus, so help me God. Said Board of Health shall exercise the functions of their office over said entire quarantine area defined in this section. Said mayor and aldermen shall define, by ordinance, the duties and powers of said Board of Health not inconsistent with the laws of the State of Georgia. Health officer. Board of health. The mayor and aldermen of said city shall have the power to compel the removal to the smallpox hospital of any person or persons who shall have smallpox in said city or in said county of Muscogee, and who do not provide their premises with sufficient guards to completely quarantine them; but even when the premises on which said person may be who shall have the smallpox shall be sufficiently guarded, it shall still be in the power of the mayor and Board of Aldermen, under and by the advice of the Board of Health of said city, to, remove said person having smallpox to the smallpox hospital. Smallpox patients. The mayor and aldermen of said city shall have power and authority to declare by resolution that vaccination shall be compulsory upon all persons living in the county of Muscogee or any part thereof, and shall provide in said resolution the time within which all persons living in said county or any part thereof shall be vaccinated; and any person failing to be vaccinated within the time required in said resolution, shall, upon conviction for the first offence, be punished by a fine of not more than $100 or imprisonment in the county jail for not longer than thirty days; and for each subsequent offence shall be punished as prescribed in section 4310 of the Code of Georgia of 1882. Vaccination. It shall be the duty of every physician or other person living in said county of Muscogee, who knows or has reason to believe that any one has been vaccinated, after the passage of a resolution by said mayor and aldermen, as prescribed in the preceding paragraph, to report the fact to the mayor of the city of Columbus; and for failing to do this such physician or other persons, upon conviction, shall be punished, as prescribed in the preceding paragraph.

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It is hereby made the duty of the health officers of the city of Columbus to vaccinate, free of charge, any person or persons residing in said county of Muscogee who, in the judgment of the mayor of said city, are unable from poverty to pay the expenses of vaccination. The mayor and Board of Aldermen shall have full power and authority to quarantine any animals having glanders or other infectious or contagious diseases in said county of Muscogee; and said mayor and aldermen may, in order to prevent the spread of such disease, have said animals killed, and shall only be liable to the owner thereof for the actual cash value of said animals at the time of said killing. Diseased animals. The mayor or the mayor and aldermen of the city of Columbus may, in the discretion of either said mayor or mayor and aldermen, remove the occupants or inmates of lewd or disorderly houses in the city of Columbus and in the police district. Inmates of lewd or disorderly houses. SEC. XX. Be it further enacted by the authority aforesaid, That the mayor and Board of Aldermen shall have the right and power to grant or refuse to grant licenses for the sale of spirituous, vinous and malt liquors within the corporate limits of the city of Columbus, and in the police district of said city, as defined by this Act, and to prescribe conditions on which a license may be granted, and to fix the license fee therefor and to collect the same, which license fee shall at no time be less than five hundred (500) dollars. They shall also have the right and power to declare and define certain districts in said city and police districts, in which no license to sell any spirituous, vinous, malt or other intoxicating liquors or bitters shall be granted, which districts may be enlarged, increased or changed by the mayor and Board of Aldermen. The said mayor and Board of Aldermen shall also have the right, by ordinance or resolution, to regulate the hours of the day and night (except Sundays) when the places where any spirituous, vinous, malt or intoxicating liquors are sold may be kept open and sales of such liquors made, and all sales made not within the hours prescribed by said resolution or ordinance shall be a sale of liquor without a license, and all and every person guilty of making such sale, or in any way connected therewith, may be indicted in the Superior Court of Muscogee county, or in the City Court of Columbus, for a misdemeanor and punished as prescribed in section 4310 of the Code, of Georgia, 1882. They shall also have the right and power by ordinance to prevent minors from entering bar-rooms at places where spirituous,

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vinous, or malt liquors are sold; and prescribe punishments for a violation of said ordinance. The mayor and Board of Aldermen of the city of Columbus shall also have the right to prescribe, by resolution or ordinance, that any license to retail spirituous, vinous or malt liquors shall be cancelled or recalled, on conviction in the mayor's court, of any law of the State or ordinance of the city, touching or relating to any illegal sale, or gift, of spirituous or malt liquors, and touching or relating to the offence of keeping open a tippling house on Sunday, and of any law of the State or of the city of Columbus in any way regulating or controlling either the places where spirituous liquors are sold, or the sale of the same, and in the event of the cancellation or revocation of any license, the mayor and Board of Aldermen, nor either of them, shall have any power to return or refund any amount before that time paid for, or on account of, said license, but all amounts so paid shall be forfeited to the city for violation of the resolution or ordinance of said city. No license to sell liquor shall be granted for a period less than one year, and the applicant shall give such bond and take such oath as may be prescribed by the mayor and Board of Aldermen, and if none shall be prescribed, then the bond and oath as prescribed by the Code of Georgia for such license to sell at places other than incorporated towns and cities. Regulations as to sales of liquors, etc. SEC. XXI. Be it further enacted by the authority aforesaid, That the mayor of said city shall have power and authority to hold a court at such time and place in said city as he may appoint, for the trial of offences committed against the by-laws, ordinances, rules and regulations of said city council, which offences do not amount to a violation of the penal laws of this State, and shall have power and authority to enforce the penalties prescribed. The mayor's court of said city shall have jurisdiction over, and the power and authority to try, all persons charged with retailing spirituous liquors within the corporate limits of said city, and in the police district herein created, without a license first had and obtained from said city authorities, as prescribed by law and by this Act; also jurisdiction over and power to try any and all persons charged with the commission of the following offences within the corporate limits of the city and in the police district, to-wit: For fighting, malicious mischief, keeping a disorderly house, the keeping, permitting or maintaining a nuisance to the annoyance of his, her or their neighbors, and for the petty offences against health, peace and good order, and for a violation of

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any of the ordinances of said city, and also for contempt and disobedience to the lawful orders of said court; and upon a hearing and conviction by said mayor for any of said offences, he shall impose upon the offender such fine for the same as may be prescribed by the ordinances of said city; and upon the failure of the parties to pay said fines and all costs, as the same shall be ordered and adjudged by said mayor to be paid, then said delinquent may, by the order in writing of said mayor, be punished by fine or imprisonment in the common jail of Muscogee county, or in the guard-house of said city, or by hard labor upon the public works in said city or within the county of Muscogee; provided , that no fine or forfeiture for one individual offence shall exceed one hundred dollars, and no imprisonment or time of labor shall be for more than sixty days, which either one or both, or any lesser time or amount in the discretion of the mayor, may be imposed for a violation of any of the ordinances of said city. Fines, penalties and forfeitures imposed by the mayor may be levied and collected by the marshal, by execution and sale of the offender's goods and chattels, under the same rules as govern constable's sales where the amount is under one hundred dollars, and of sheriff's sales when the amount is over that sum. Whenever any fine shall be imposed by the mayor on account of any offences committed against the ordinances or by-laws of said city, the offender shall remain in custody until the same is paid, and when paid, it shall go to the treasurer for the use of said city. The mayor and aldermen may, in their discretion, at any time elect a recorder, whose duty it shall be, when so elected, to preside at the court known as the mayor's court, with as full and ample authority to try and dispose of all cases within the jurisdiction of the mayor's court, as the mayor has under the provisions of this charter. The said recorder shall be ex officio justice of the peace. He shall hold his office for the term of one year, and until his successor is elected and qualified. But the mayor and aldermen of the city of Columbus may at any time, by a resolution, declare said office vacant before the expiration of one year; and may allow said office to remain vacant until, in their discretion, they may consider it to the best interest of the city of Columbus to elect a new recorder. Any person accepting the office of recorder shall take it subject to the reserved right of the mayor and council to remove him at pleasure; and shall have no claim on the city of Columbus for services beyond the time he actually serves the city as such. All licenses granted by the mayor and aldermen of the city of

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Columbus shall be taken and accepted by the party to whom said license is granted, subject to the will of said mayor and aldermen, who shall have the reserved right to revoke the same at pleasure; and the action of the mayor and aldermen, in revoking said license shall be final and conclusive. Mayor's court. Jurisdiction. Fines, etc. Recorder. Licenses subject to will of mayor and alderman. SEC. XXII. Be it further enacted by the authority aforesaid, That all executions issued by the clerk of council of the city of Columbus shall be directed to the marshal of said city, and issued in the name of the city of Columbus, and be signed by said clerk, and shall state for what issued, and be made returnable to the clerk aforesaid ninety days after the issuing of the same, and it shall be the duty of the marshal of said city to advertise the sale of such real or personal property as may have been levied on by him to satisfy said execution in the same manner as advertisement of sheriffs' sale of real or personal property is by law required to be made; all of said sales to be made at the place and within the usual hours of sheriffs' sales and to be made under the same rules and regulations as govern sheriffs' sales of similar property. That the time, place and manner of the sale of property, both real and personal, for taxes due shall be the same as that provided by law for sheriffs' sales for State and county taxes. Whenever any land is so sold, the owner thereof shall have the privilege of redeeming it within one year, by paying the purchaser the amount paid therefor, with 10 per cent. premium thereon. Whenever, at any such sale for taxes due, no one present shall bid for the property put up to be sold as much as the amount of such tax, execution and all cost, and after such property shall have been cried a reasonable time, then any duly appointed officer or agent of the city of Columbus may bid off such property for the city, and the marshal or other officer making such sale shall make to the city of Columbus a deed to the property so sold and deliver the same, and the title thus acquired by the city shall be perfect and valid, after the period provided for redemption by the owner shall have elapsed, and the marshal or officer making the sale shall put the city in possession; and the mayor and aldermen shall have no power to divert or alienate the title of the city to any property so purchased, except by a public sale to the highest bidder in such manner as may be prescribed by the ordinances of the city. The clerk of council shall keep an execution docket on which shall be entered the date thereof, time, and to whom delivered, and all proceedings had thereunder; such execution shall also be returned to the office of the clerk after satisfaction

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of same. Where affidavits of illegality or claims are interposed, then all the papers shall by the clerk be transmitted to the clerk of the Superior Court of Muscogee county, where such illegality or claim shall be tried. When affidavits of illegality are filed to execution so issued, the person making the affidavit shall at the same time deliver to the marshal a bond with good security conditioned to deliver the property at the time and place of sale, if the issue of illegality shall be adjudged against him. In all cases, however, a levy shall be made before an affidavit of illegality can be received. The lien of tax executions in favor of the city of Columbus shall have priority on property within the corporate limits of the city over all other judgments and executions except those due the State or county, and by order of the mayor and aldermen shall be transferred to any person who will pay the full amount and costs of the same, and the transferee shall be subrogated to all the rights, of the city as to the enforcement of such execution, which shall retain all its prior liens. Executions. Advertisements and sales. Redemption. City may buy, etc. Execution docket, etc. Illegalities. Lien of tax executions. Transfers. SEC. XXIII. Be it further enacted by the authority aforesaid, That the mayor and each alderman shall be ex officio Justices of the Peace, so far as to enable each of them to issue warrants for oftences committed within the limits of the city and the police district created by this Act, and may admit to bail, or commit offenders for trial before any court held in said county having jurisdiction. The marshal and members of the police force of the city of Columbus shall be ex officio constables of the county of Muscogee, and shall be subject to the call of the sheriff of Muscogee county as such. And said marshal and police shall have full power and authority to pursue and arrest, or summon before the Mayor's Court, any person who shall have violated any of the ordinances of said city or of the laws of Georgia over and beyond the city limits to any point within the county of Muscogee. And said arrest so made in said county of Muscogee shall be just as lawful as if made within the corporate limits of the city of Columbus. The police force of said city in the pursuit of any oftender against the laws of said city or against the laws of the State of Georgia, may enter any building, either public or private, and where admission is refused it shall be lawful for said police force to break and enter said building for the purpose of making said arrest. The marshal and members of the police force shall have full power and authority to examine all places in said city and police district where he or they suspect a violation of any of the penal

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laws of this State to be carried on, and for this purpose he or they shall have full power and authority to call to his or their aid any or all of the male citizens of said city or police district capable of bearing arms; and shall make a report of all offenders against the penal laws of this State to the mayor. And said marshal and members of the police force shall, in each case where he has reason to suspect a violation as aforesaid, make an affidavit to the best of his knowledge and belief charging the offender or offenders with said offence, and the form of said affidavit shall be substantially as follows: Mayor and aldermen ex officio justices of the peace. Marshal and policemen ex officio constables. Police force may enter buildings. May examine suspected places, etc. Affidavit for arrests. Georgia, Muscogee county. Personally came A. B., who on oath says that to the best of his knowledge and belief C. B. did, on the..... day of....., in the year....., in the county aforesaid, commit the offence of....., and this deponent makes this affidavit that a warrant may issue for his arrest. Sworn to and subscribed before me this.....day of...... (Signed A. B.), of the city of Columbus. When said affidavit shall have been made before the mayor, recorder or any alderman of said city, said mayor, recorder or alderman shall issue a warrant substantially as follows: Warrants. Georgia, Muscogee county. To any sheriff, deputy-sheriff, coroner, constable, marshal of this State or policeman of the city of ColumbusGreeting: A. B. makes affidavit before me that on the.....day of....., in the year....., in the county aforesaid, C. D. did commit the offence of...... You are therefore commanded to arrest the body of said C. D., and bring him before me or some other judicial officer of this State to be dealt with as the law directs. You will also levy on a sufficiency of the property of said C. D. to pay the costs in the event of his conviction. Herein fail not. Which said warrant shall be signed by said mayor, recorder or alderman, as the case may be. And it shall be the duty of any officer to whom said warrant of arrest is directed to arrest said offender and carry him without delay before the mayor, recorder or alderman of said city. And if there is probable cause to suspect that an offence has been committed by such person so charged, it shall be the duty of the officer before whom said charge is investigated to commit said person so charged to the common jail of the county of Muscogee. And if said offence is bailable under the laws of this State, and is less than a felony, said person so charged shall be bound over to appear at the next term of the City Court of Columbus, or other court having jurisdiction, to answer for said offence so alleged to have been committed. And if the said offence is

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of the grade of felony, said person so charged shall be bound over to appear at the next term of the Superior Court of Muscogee county. And it shall be the duty of the marshal or officer making the affidavit on which said arrest was based to appear before the proper court as a prosecutor in said case. And where said case is returnable to the City Court of Columbus, it shall be the duty of said officer to make the necessary affidavit, on which an accusation shall be based in said court. Arrests and commitment trials, etc. Officer making affidavit must prosecute. And make necessary affidavit where case is returnable to city court of Columbus. The following form, or one in substance the same, shall be signed by the officer, by whom any offender may be committed, as prescribed in the foregoing paragraph, and shall be deemed a sufficient commitment: Form of commitment. Georgia, Muscogee county. A. B. having been arrested on a warrant for the oftence of..... and brought before me, after hearing evidence it is ordered that he be committed for trial to..... Court for the oftence of....., and the ailer of said county is required to receive and safely keep him until discharged by due process of law. Witness my hand and seal this..... day of.....,...... The marshal or any policeman of said city who shall fail to make the affidavit as aforesaid, as hereinbefore provided, shall be guilty of a misdemeanor, and, on conviction thereof before any court in Muscogee county having jurisdiction of the same, shall be punished as prescribed in section 4310 of the Code of Georgia of 1882. And the effect of said conviction shall be that said marshal or policeman shall be disqualified from holding any office under the charter of the city of Columbus. And it shall be the duty of the mayor of the city of Columbus to see that this paragraph is carried into effect. It shall be the duty of the marshal of said city or any policeman of said city to break and enter any gambling house located in said city of Columbus and police district where gambling is actually going on at the time of said breaking and entering; and said marshal and policeman, as the case may be, shall seize any evidence of guilt in the shape of tables, cards, dice or other implements of gaming, and shall hold the same to be used in evidence on the trial of any cases that may be made against said offenders; and each and every person who is present shall be arrested and brought before the mayor, recorder or aldermen of said city, as the case may be, to answer to such charge as may be brought against them. Any of the officers of said corporation sued for an act done in his or their official character shall justify under this Act. Failure of officer to make required affidavit. Gambling houses, etc.

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SEC. XXIV. Be it further enacted by the authority aforesaid, That the mayor and aldermen of the city of Columbus shall have the power to establish and keep up one or more public markets in said city, and shall govern the same by such rules and regulations as said mayor and aldermen shall deem necessary and proper; and may prescribe and enforce penalties for a violation of market laws and regulations; provided, however , that said mayor and aldermen may grant private license for the sale of marketable articles, or any of them, at a place or places in said city, other than the public market, upon such terms, regulations and control as the mayor and alderman may adopt. That in order to enable the mayor and aldermen to maintain a public market in said city, the said mayor and aldermen are hereby authorized and empowered to prohibit the sale by retail of such fresh meats and vegetables as are usually sold in a public market at any other place in said city, except at the market house during certain hours to be fixed, and to impose such penalties upon oftenders as are provided for violations of other ordinances of said city. The mayor and aldermen shall have full power and authority to prevent the sale, in said city and police district, of all articles of food which are injurious to health or which may have been adulterated, and to condemn and destroy the same, and punish persons who sell or offer such articles of food for sale; and to this end may pass laws for the inspection of articles of food and milk offered for sale, and fix penalties not exceeding a fine of $100, and imprisonment not exceeding sixty days. Markets. Injurious or adulterated artic es of food. SEC. XXV. Be it further enacted by the authority aforesaid, That the said mayor and alderman shall have power, by ordinances, resolution or order of council, to cause to be abated, within the jurisdictional limits of said city and police district, any nuisance which may tend to the immediate annoyance of the citizens in general, which may be manifestly injurious to the public health or safety, or tend greatly to corrupt the manners and morals of the people, or any considerable part thereof, whether the nuisance be such by the common law or by statute of this State or by ordinance of said city, passed in conformity with law, and to enforce the order for abatement and removal of such nuisance by the marshal and other civil force of said city. The mayor of said city shall have the power and authority to try all persons charged with keeping, permitting or maintaining a nuisance to the annoyance of his, her or their neighbors, and on conviction he shall be fined, or imprisoned, in the discretion of the mayor, not exceeding the limit made

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in this Act for the punishment for violation of any city ordinance, and the nuisance shall be abated. No horse, mule, cattle, sheep, goat, hog or other animal shall ever be allowed to run at large in any part of said city of Columbus, and the mayor and alderman shall enforce this section by proper ordinances, and provide punishment for any person owning such animals and wilfully violating this section, by fine not to exceed one hundred dollars, or imprisonment not exceeding sixty days, either or both, in the discretion of the mayor's court, or as provided in section 21 of this Act. Nuisances. Animals running at large. SEC. XXVI. Be it further enacted by the authority aforesaid, That for the purpose of enabling the mayor and aldermen of the city of Columbus to establish and maintain public schools in said city, the mayor and aldermen are hereby invested with the exclusive control and management of the buildings used and erected for public schools, together with the lots on which the same are situated. That of all funds set apart or appropriated by the State, or by the county of Muscogee, for school or educational purposes, the proportionate amount to which the children resident in the city, or the schools of said city, may be entitled shall be paid over to the treasurer of said city, to be used by said mayor and aldermen only in the maintenance of such public schools, but schools for white and colored pupils shall always be kept separate and distinct from each other. The said mayor and aldermen shall be, and they are, hereby given full authority to set apart and appropriate the poll-tax which may be collected in said city under any law authorizing said mayor and aldermen to levy and collect tax for the maintainance of said public schools; and said mayor and aldermen are hereby authorized to levy and collect a tax upon taxable property in said city, which, added to all other revenues, may be sufficient for the proper maintenance of said public schools and the erection of necessary buildings for such schools. It shall be the duty of the Comptroller-General to ascertain the proportions of the interest upon the school funds now on hand, or which may be hereafter collected or appropriated, to which the city of Columbus would be entitled according to population, and such proportion, when determined, shall be paid over to the treasurer of said city to be used only for school purposes under the direction and management of the trustees of the public schools in said city. That it shall be the duty of said trustees with said portion of school funds so paid to said treasurer to establish separate schools in said city for the children of white and colored persons, and to use

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for such purposes such portion of said fund for the colored children as in their opinion is necessary to maintain proper and suitable schools. If the proportion to which said colored children may be thus allowed shall not be sufficient to keep and maintain schools for their benefit as much as three months in each year, it shall be the duty of the mayor and aldermen of said city to levy and collect annually, by taxation, a sufficient amount to enable such Board of Trustees to keep up said schools at least three months in the year. The said Board of Trustees shall, in the management of said schools, conform as nearly as practicable to the school laws of this State now in existence or which may hereafter be adopted. The State School Commissioner shall so apportion the fund raised for the payment of the debt due to the teachers, and also any other fund which may be on hand or may hereafter be realized from any source, as that the amount which would be due upon the basis of the number of children of school age in the city of Columbus shall be ascertained and submit to the Governor his estimate, who shall, from time to time, draw his warrant upon the State Treasurer in favor of the city treasurer of said city for the amount of said estimate. The said Board of Trustees shall, annually, on or before the first day of August in each and every year make a report to said mayor and aldermen of the condition of said institutions, showing who are the teachers and the number of pupils taught during the preceding year, with such suggestions as they may deem proper for the interest of education in said institutions; and upon a failure to make such report, the defaulting Board of Trustees shall be considered dissolved, and the said mayor and aldermen, at their first meeting after such default, shall proceed to elect a new Board of Trustees. Public schools. SEC. XXVII. Be it further enacted by the authority aforesaid, That the bridges across the Chattahoochee river, erected by said city, shall be under the exclusive management and control of the mayor and aldermen of said city. They may appoint keepers of the same at will, and make said bridges free to vehicles and passengers, or may charge tolls for either or both; and no bridge shall be erected over said river, within the limits of said city, without the consent of the mayor and Board of Aldermen. Bridges over the Chattahoochee river. SEC. XXVIII. Be it further enacted by the authority aforesaid, That the city of Columbus shall have the power, right, privilege and authority within the county of Muscogee to lease, purchase or condemn, receive donations, grants, easements or

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other uses of lands for the purpose of constructing, operating, carrying on and building sewers, streets, drains, water-ways, waste-ways, traps, ditches, embankments, culverts, bridges, sidewalks and alleys or any other and all kinds of public works, quarantine stations, smallpox hospitals, hospitals of any other kind, market-house, engine-houses, police-stations, morgues, barracks and any and all public buildings that may at any time in the future be needed for the use of said city. In the event that the said city of Columbus does not procure from the owner or owners thereof by donation, contract, lease or purchase the title to the land or rights-of-way necessary or proper for any of the uses or purposes mentioned as aforesaid, when the parties cannot and do not agree upon the damage done or to be done for any of the purposes as aforesaid to the owner or owners of the lands which the city of Columbus may seek to appropriate as rights-of-way, or for its other purposes, the city of Columbus, by its mayor and aldermen, shall appoint one person as its assessor, and the person or persons owning the lands sought to be taken for rights-of-way or for building purposes, or for other purposes necessary or proper for the constructing of any of the objects aforesaid, shall choose his, her, its or their assessor, and in case the person owning the land sought to be condemned should fail or refuse to make such choice, or select some one to represent his, her, its or their interest, or should be an insane person, lunatic, idiot or minor, or laboring under any disability from any other cause whatever, and shall have no legal representative, then it shall be the duty of the Ordinary of the county of Muscogee to make such selection for such owner or owners so failing or refusing, or unable, to make the same, as aforesaid; provided , that said city of Columbus, by its mayor and aldermen, shall give notice to said Ordinary that such owner or owners fail or refuse to act as aforesaid, or is an insane person, lunatic, idiot or minor, or is under disability from any other cause whatsoever, and has no legal representative, and the two assessors thus selected shall choose a third assessor, and the three assessors thus selected shall be sworn to do justice between the parties; and after hearing such evidence as may be offered as to the damage done, the owner or owners of such rights-of-way, or other property, sought to be condemned for the purposes aforesaid, as the case may be, they, or a majority of them, shall assess the damages and the value of the property so sought to be condemned; and in assessing said damage the said assessors shall take into consideration the increased valuation of said property, if any,

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by reason of the construction and building of any public works, as aforesaid, and shall say in writing what sum said city of Columbus shall pay for the rights-of-way and for other property sought to be condemned by it, and they shall file their award within ten days after it is made in the office of the clerk of the Superior Court of Muscogee county, and said clerk shall record the same. Such award shall have all the force and effect of a judgment or decree rendered by the Superior Court of said county. Said award shall be made in writing, shall specify the amount to be paid and designate the right-of-way or property so condemned. 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 the award has been filed, and entering an appeal in writing to the Superior Court. Sewerage, drainage, waterworks, etc. Method by which lands, etc., may be condemned. Selection of assessors. Their oath, etc. Assessments. Award. Appeals. In case the owner of the land is under a disability, as provided in this section, and without a legal representative, the Ordinary of Muscogee county may give the notice for such disabled person; and in the same manner service in a similar case may be given to the ordinary where the city of Columbus may enter an appeal; and the issue shall be made on such appeal and tried in the Superior Court as cases at common law, with the right to either party to carry the same before the Supreme Court. The entering of an appeal shall in no case hinder or delay the construction and building of any of the public works aforesaid, but the same may proceed from the time the award in such condemnation is filed, in the office of the clerk of the Superior Court, but before the commencement of said work tender shall be made of the amount of such award. In the event the city of Columbus is not dissatisfied with said award, said city of Columbus shall pay to the clerk of the Superior Court the sum so found to be due by said assessors. If the city of Columbus is dissatisfied and the appeal is entered by the said city of Columbus, it shall give bond with security for the payment of the amount adjudged to be due by it on the final hearing of said case. Should no appeal be entered within ten days, and the city of Columbus should fail or refuse to pay the amount of the award, and should proceed with the work or in occupying the land sought to be condemned as aforesaid, 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 of Muscogee county. But the city of Columbus shall have

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the right after said award is filed to abandon said right-of-way or property so sought to be condemned in the event the mayor and alderman of said city should consider that the sum found to be due would, in their judgment, make said right-of-way or land so sought to be condemned too expensive to said city. But in such event the city of Columbus shall pay all costs of said award. All sums collected by the Ordinary of Muscogee county for persons unrepresented and laboring under any of the disabilities contemplated as aforesaid shall be held by him for the use of such persons, and he shall cause proper legal representatives of such persons to be made; and the amount recovered shall be held and treated as a part of the estate of such disabled person or persons; and in all cases the right-of-way or title to the property condemned shall rest and remain in the city of Columbus according to the terms of the award, unless said city should decline to accept the same. Where owner is under disability. Appeal not to hinder public work. But there must be tender of amount of award. And, if city is satisfied with award payment to clerk of superior court. If city is not satisfied it may give bond. If no appeal be entered and city does not pay but proceeds with work, etc., execution may issue. City may abandon proceedings. Sums collected for persons unrpresented and under disability. Title vests in city according to terms of award. SEC. XXIX. Be it further enacted by the authority aforesaid, That the debt of the city of Columbus shall not exceed seven per centum of the assessed value of all the taxable property in said city, and it shall not incur any new debt except for a temporary loan or loans to supply casual deficiencies of revenue, which shall not exceed one-fifth of one per centum of the assessed value of taxable property in said city, without the assent of two-thirds of the qualified voters of said city. And the city of Columbus is hereby authorized and empowered to increase its debt, and make, issue and sell its bonds to an amount equal to the difference between the amount of the whole debt (bonded and floating) of said city, and such an amount as would be seven per centum of the assessed value of all the taxable property in said city at the time of the issue of said bonds; provided , that the assent of two-thirds of the qualified voters of said city shall first be given thereto, at an election or elections to be held; and provided further , that before, or at the time such bonds shall be issued, provision shall be made by the mayor and aldermen of said city for the payment of the principal and interest of said bonds within thirty years from their date. City debt. Increase of debt, etc. SEC. XXX. Be it further enacted by the authority aforesaid, That all ordinances of the city of Columbus contained in the Code of the city of Columbus and adopted by the mayor and council of the city of Columbus in the year 1888, and all ordinances passed subsequent to the adoption of said Code, not in conflict with this Act, shall remain in full force and effect; provided , that said mayor and aldermen of the city of Columbus,

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may at any time repeal any ordinances contained in said Code, or any ordinances passed by said mayor and council since the adoption of said Code; or they may alter or amend the same, or they may, by an ordinance, repeal all ordinances theretofore passed. Present ordinances remain of force, where not in conflict with this Act. But may be repealed or amended. SEC. XXXI. Be it further enacted by the authority aforesaid, That all Acts of the General Assembly heretofore passed, conferring any power on the mayor and council of the city of Columbus, other than those contained in this Act, are not repealed, as to such grant of powers, but the same shall be extended to the mayor and aldermen of said city; but all limitations and restrictions of powers contained in said Acts which are at variance with the terms of this Act are hereby expressly repealed, and all laws and parts of laws in conflict with this Act are hereby repealed. Former Acts as to city, etc. Approved November 29, 1890. AUTHORIZING COMMISSIONERS OF COMMONS OF COLUMBUS TO DONATE CERTAIN LAND TO THE COLUMBUS LIBRARY ASSOCIATION, ETC. No. 106. An Act to confer upon the Commissioners of Commons of the city of Columbus power and authority to donate to the Columbus Library Association the north half of block sixty-four (64) of the commons of the city of Columbus, and to provide for a sale of the same for the benefit of said Library Association upon certain terms, 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 commissioners of commons of the city of Columbus be, and they are, hereby authorized and empowered to donate to the Columbus Public Library Association that certain tract or parcel of land known and designated as the north half of block number sixty-four (64) of the commons of the city of Columbus, containing eight (8) lots of one-fourth acre each and numbered from one to eight, both inclusive. Authority to donate to Library Association certain land. SEC. II. Be it further enacted by the authority aforesaid, That the property so donated shall not be sold, aliened or

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disposed of except for the purpose of reinvesting the proceeds in a more central lot upon which to erect a library building. The title to said property shall be vested in trustees, for the benefit of said library association, who are hereby expressly authorized to sell the same or any part thereof at either public or private sale, whenever in their judgment such sale would promote the object herein indicated, and whose conveyance shall pass to the purchaser a fee simple estate in said property, free from any trust or condition. Restrictions as to sale or alienation. In whom title shall vest, etc. SEC. III. Be it further enacted by the authority aforesaid, That said trustees shall be such in number, and shall be appointed in such manner, and hold subject to such terms and conditions, as may be agreed upon between said commissioners of commons and the Board of Directors of said library association, not inconsistent with this Act or other laws of this State. Trustees, their number, appointment, etc. SEC. IV. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 24, 1890. AUTHORIZING COMMISSIONERS OF COMMONS OF COLUMBUS TO DONATE CERTAIN LAND TO THE COLUMBUS BOARD OF TRADE, ETC. No. 586. An Act to confer upon the commissioners of commons of the city of Columbus power and authority to donate to the Columbus Board of Trade the south half of block sixty-four (64) of the commons of the city of Columbus and convey the same to said The Columbus Board of Trade in fee simple, 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 commissioners of commons of the city of Columbus be, and they are, hereby authorized and empowered to donate to the Columbus Board of Trade the south half of block sixty-four (64) of the commons of the city of Columbus and make conveyance thereof to said The Columbus Board of Trade in fee simple, free from any trust, limitation or condition. Authority given to donate certain land to Board of Trade.

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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 6, 1891. CHANGING TERM OF MAYOR AND COUNCILMEN OF DALTON. No. 451. An Act to change the term of office of the Mayor and Council of the city of Dalton. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That the mayor of the city of Dalton, elected at the next regular election, after the passage of this Act, and thereafter, shall be elected for a term of two years. Term of mayor. SEC. II. Be it further enacted, That at the next regular election the three persons receiving the highest number of votes for councilmen of said city shall hold their office for the term of two years, and three persons receiving the next highest number of votes shall hold for the term of one year, and thereafter there shall be elected annually three aldermen who shall hold their office for two years. Terms of councilmen. 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 16, 1891. BOARD OF WATER COMMISSIONERS FOR DALTON. No. 452. An Act to authorize the Mayor and Council of the city of Dalton to elect a Board of Water Commissioners and to define their duties. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That at the first regular meeting in January of each year the mayor and council of the city of Dalton shall be authorized to elect a board of water commissioners, consisting of three members. Election and number of water commissioners. SEC. II. Be it further enacted, That said commissioners shall be elected one for one year, one for two years, and one for three years. Terms of office.

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SEC. III. Be it further enacted, That the powers and duties of said commissioners shall be regulated by such ordinances as the mayor and council may prescribe. Powers and duties. SEC. IV. Be it further enacted, That the compensation of said commission shall be fixed by the mayor and council, each not to exceed twenty-five dollars per annum. Compensation. SEC. V. Be it further enacted, That all laws in conflict with this Act be, and the same are, hereby repealed. Approved September 16, 1891. SCHOOL BONDS OF DALTON. No. 462. An Act to authorize the mayor and council of the city of Dalton to cancel and retire certain school bonds and to provide for the issuing of new bonds in lieu thereof, and for other purposes. Whereas, An election was held by the legal voters of the city of Dalton on the 18th day of September, 1871, to determine whether bonds of said city, not exceeding twenty thousand dollars, should be issued for the building of a male institute, and the same amount for a female institute; and Preamble. Whereas, A majority of the legal votes cast at said election were in favor of the issuing of said bonds upon the terms and conditions specified in the order directing said election to be held; and Whereas, By an Act of the General Assembly, approved December 9, 1871, said bonds were issued; and Whereas, There is outstanding and unpaid seventeen thousand, five hundred dollars of said bonds, which will become due in the year 1893; therefore, SECTION I. Be it enacted by the General Assembly of the State of Georgia, That the mayor and council of the city of Dalton be, and they are, hereby authorized to issue seventeen thousand five hundred dollars of bonds of such denomination as they may determine, not to exceed one thousand dollars, and to bear interest not to exceed six per cent. per annum, and to become due in twenty years from the date of the issuing of said bonds; provided , said issue of bonds hereby authorized shall only be made by the mayor and council when the same is voted by two-thirds of the qualified voters of said city, at an election held for that purpose,

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under the Constitution and general statutes of this State, the intent of this Act being a grant of authority to the mayor and council of the city of Dalton for that purpose. New bonds. Denomination, rate of interest and maturity. Issue must be authorized by popular vote. SEC. II. Be it further enacted, That said bonds, when issued, shall be signed by the mayor and clerk of said city. How the bonds must be signed. SEC. III. Be it further enacted, That the coupons of said bonds, when due, shall be received in payment of any debt or tax due said city. Coupons receivable for debts or taxes due city. SEC. IV. Be it further enacted, That the bonds herein provided for shall be free from taxation by the said city of Dalton. Bonds free from city taxation. SEC. V. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved September 18, 1891. AMENDING CHARTER OF DAWSON. No. 368. An Act to amend the charter of the city of Dawson, so as to increase the number of aldermen from five to six members, and to change their term of office; also to provide compensation for such aldermen and to increase the salary of the mayor, 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 charter of the city of Dawson (found on pages 404, 405, 406, 407, 408, 409 and 410 of the Georgia Laws for 1882-3, said charter having been granted by an Act of the General Assembly, approved September 21, 1883), be, and the same is, hereby amended by striking out of the third (3d) section, after the enacting clause, the first two sentences, and inserting in lieu thereof the following: That on the second Wednesday in December next an election shall be held in said city, in the council chamber or court-house, for a mayor and six (6) aldermen, and also for a clerk of council and a city treasurer. Of the six aldermen so elected, three shall hold their offices for a term of one year, and three for a term of two years, and until their successors are elected and qualified; and said six aldermen shall determine by lot which of their number shall serve for one year and which

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shall serve for two years, and the result of such determination shall be entered on the minutes of the city council by the clerk, so that it may officially appear who are the three aldermen that will serve for one year and who for two years. At all subsequent elections there shall be elected a mayor, whose term of office shall be one year, and three aldermen, said aldermen to serve for two years, and also a clerk of council and a city treasurer, their terms to be for one year, such election to be held on the second Wednesday in December in each year, and to be in the council chamber or court-house. At the first and all subsequent elections held under this Act all male citizens of this State residing within the corporate limits of said city who shall be entitled to vote for members of the General Assembly of this State, and who have resided within said city for at least thirty days prior to the time of said election, shall be entitled to vote at said election. The remaining portion of said third section shall continue of force and effect as it existed prior to the foregoing amendment. Third section of charter amended. First election for city officers under this Act. Number and term of aldermen. Subsequent elections. Qualifications of voters. SEC. II. Be it further enacted by the authority aforesaid, That the sixteenth section of said charter, as found on page 409 of the published Acts of the General Assembly of Georgia for the session of 1882-3, be amended by striking out of said section the words two hundred, and inserting in lieu thereof the words five hundred, so that hereafter the mayor shall receive an annual salary of five hundred dollars, and also that said sixteenth section be further amended by adding at the end thereof the following: The aldermen of said city shall each receive the sum of fifty dollars per annum for their services, said amount to be paid in the same manner as the salary of the mayor. Section 16 of charter amended. Salary of mayor increased. Salary of aldermen. SEC. III. Be it further enacted by the authority aforesaid, That all laws and parts of laws conflicting with this Act be, and are, hereby repealed. Approved September 1, 1891. FOR PROTECTING WATER SUPPLY OF DAWSON. No. 385. An Act to protect the water supply for the water-works of the city of Dawson, and providing police protection, 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,

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That from and after the passage of this Act, it shall be unlawful to obstruct, divert, dam up or in any way to interfere with the free passage or flow of the stream from which the water supply is obtained for the water-works in said city of Dawson, said stream being known as the Little Chickasawhatchee or Town creek. It shall also be unlawful for any person to pollute or contaminate in any way or by any means the waters of said stream or any of the springs or branches which supply it, so as to affect in any degree the quality or purity of the water furnished to said city or its inhabitants by said water-works. Obstruction, etc., of stream from which water supply obtained. Pollution, etc., of water. SEC. II. Be it further enacted, That it shall be unlawful for any person to place or deposit any dead animal, offal decayed vegetables or fruit, or any kind of filth in the swamp bordering on and surrounding said stream and the springs and branches which supply it, so as to affect the purity or quality of the water which may be furnished by and through said water-works. Deposit of dead animals, etc. SEC. III. Be it further enacted, That any person violating any of the provisions of the two preceding sections or doing any of the Acts therein declared to be unlawful, shall be guilty of a misdemeanor, and on conviction therefor shall be punished as prescribed in section 4310 of the Code of Georgia of 1882. Penalty. SEC. IV. Be it further enacted, That the police supervision of the marshal and policemen of said city of Dawson shall extend over the territory embraced and designated in the first and second sections of this Act, and such officers are hereby empowered to arrest any person violating any of the provisions of this Act. Police supervision over water shed. SEC. V. Be it further enacted, That nothing in this Act contained is intended or shall be construed to prevent or interfere with the construction and maintenance of any dam, levee or ditch, by the agents or employees of the company constructing or operating the said water-works, so as to afford a sufficient head of water to supply said city, and the persons using the water furnished by said company. Construction, etc., of dams, etc., to obtain sufficient head of water to supply city. SEC. VI. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved September 7, 1891.

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TAX FOR STREET PURPOSES FOR ELBERTON. No. 112. An Act to alter and amend the charter of the town of Elberton so as to confer upon the Town Council of said town the power to levy a tax on the taxable property of said town for the purpose of opening up and keeping in repair the streets and sidewalks in said town. SECTION I. Be it enacted by the Senate and House of Representatives in General Assembly met, and it is hereby enacted by authority of the same, That from and after the passage of this Act, the charter of the town of Elberton shall be amended by adding the following sections thereto: Property tax authorized. SEC. II. That it shall be lawful for the town council of the town of Elberton, on the first day of January each year or such other times as may be fixed by ordinance of said council to levy a tax each year not exceeding in any year the sum of ten mills on each dollar, on all the taxable property in the town of Elberton, both real and personal. Amount of, etc. SEC. III. That said tax when so levied shall be collected as other taxes of said town are now collected with the same powers to enforce the collection of the same that is now conferred upon the town council of said town for the collection of taxes, and that the town council may by ordinance fix the time in each year when said tax shall be paid. Collection of. Time for payment. SEC. IV. That said tax, when so levied and collected, shall be applied to the opening, repairing and improving the streets and sidewalks of said town and to no other purpose whatever. Tax to be used for streets and sidewalk purposes. SEC. V. That all laws and parts of laws in conflict with the foregoing sections of this Act be, and the same are, hereby repealed. Approved December 24, 1890.

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PROVIDING FOR SYSTEM OF WATER WORKS AND ELECTRIC LIGHTS FOR ELBERTON. No. 731. An Act to authorize and empower the Town Council of Elberton, Elbert county, to issue and sell bonds of said town, not to exceed in the aggregate forty thousand dollars ($40,000), or so much thereof as may be necessary; also, to take the proceeds arising from the sale of said bonds and purchase machinery and other necessary implements and appliances and a suitable site for the erection of a system of water-works and electric lights; also, to build, construct and maintain said system of water-works and electric lights, to lay pipes, mains, electric wires, etc., charge tolls or rent for the same, to provide for the expense of operating the same, to levy a tax for the payment of said bonds and the interest thereon, to provide for an election to submit to the qualified voters of said town the provisions of said Act, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That the town council of the town of Elberton, Elbert county be, and they are, hereby authorized and empowered to issue bonds of said town, not to exceed in the aggregate forty thousand dollars, or so much thereof as may be necessary, of such denomination as the said town council may determine, to be due and payable at any time within thirty years after issue, as they, the said town council may determine. The said bonds when so issued shall bear such interest as the said town council may determine, not exceeding seven per centum per annum. Amount, denomination and maturity of bonds. Rate of interest. SEC. II. Be it further enacted by the authority aforesaid, That said bonds shall be executed in such manner as the said town council shall determine; shall be signed by the president and countersigned by the clerk of said town council, under the corporate seal of said town, and negotiated and sold in such manner as the town council of said town shall determine to be for the best interest of said town of Elberton. Execution of bonds. Negotiation and sale of. SEC. III. Be it further enacted, etc., That when said bonds shall have been issued and disposed of as provided in the foregoing sections, that the proceeds arising from the sale of said bonds shall be applied to the purchase of a suitable site or sites for the location of machinery and to the building, constructing and putting in operation a system of water-works

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and electric lights for the said town of Elberton. Said town council are hereby authorized to purchase all machinery, pipes, mains, dynamos, wires and all other implements and appliances necessary for the construction and operation of said system of water-works and electric lights, to lay pipes, mains, and erect hydrants, and to plant poles for electric light wires in any portion of said town; provided , that the public streets of said town shall not be used or occupied so as to endanger the safety of persons using the same, or so as to obstruct or impede the public use of the said streets; provided further , that private property shall not be injured or damaged without just compensation being first paid. Proceeds to be used for system of water works and electric lights. Purchase of machinery, etc., authorized. Laying of pipes, etc. Use of streets. Compensation for private property taken or damaged. SEC. IV. Be it further enacted, etc., That said town council shall employ some competent person or persons to build and construct said system of water-works and electric lights upon such plans as said town council shall determine to be for the best interest of said town of Elbarton; and when the same shall have been placed in operation, said town council shall employ some competent person or persons to operate the same. Said town council are hereby authorized and empowered to assess, levy and collect annually a sufficient tax upon the taxable property of said town to pay the expenses of operating and maintaining said system of water-works and electric lights, or so much thereof as may be necessary; provided , the sum arising from the rental of the water and light privileges, as hereinafter provided, is not sufficient to pay such expenses. Construction of system. Operation of. Tax to pay expenses of system. SEC. V. Be it further enacted, etc., That said town council are hereby authorized to rent or let to the citizens of said town water and light privileges, and charge for the same such prices as said town council shall determine to be for the best interest of said town and the citizens thereof, and may require the payment in advance of such prices, either monthly or annually, as said town council shall determine. The sum or sums arising from the rental of said water and light privileges shall be applied by said town council first, to the payment of the running expenses of said system of water-works and electric lights; second, to the payment of the interest upon said bonds; and third to provide a sinking fund for the redemption of said bonds. Renting of water and light priviliges. Payment for. Use of sums received from rents. SEC. VI. Be it further enacted, etc., That should the sum or sums arising from the rental of the said water and light privileges be insufficient to pay the interest, or any part thereof, as the same shall become due upon said bonds, or shall be insufficient to provide a sinking fund for the redemption of said bonds, then the said town council shall

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assess, levy and collect annually a sufficient tax upon the taxable property of said town to pay all or such part of said interest as shall remain unpaid after exhausting the sum arising from the rental of said water and light privileges, or to provide all or such part of said sinking fund as shall remain unprovided after exhausting the sums arising from the rental of said water and light privileges. Taxation to pay bonds. SEC. VII. Be it further enacted, etc., That the provisions of this Act shall not take effect until the same shall have been submitted to the qualified voters of said town of Elberton and approved by a two-thirds ([frac23]) vote of said qualified voters of said town at all elections to be held for that purpose, the purpose of this Act being to grant the authority to the town council of Elberton to establish water-works and issue bonds therefor; but the elections to be held for that purpose shall be held under the general law of this State, and the bonds issued, if issued, shall be issued under the general law of this State. This Act not to take effect until authorized by popular vote. Purpose of this Act, etc. SEC. VIII. Be it further enacted, etc., That the town council of said town shall, within thirty days after the passage of this Act order an election to be held in said town, giving thirty days' notice thereof in the newspapers published in said town, that said election shall be held by a justice of the peace and two freeholders, or by three freeholders of said town, and shall be conducted as elections for members of the General Assembly are conducted, except that the returns thereof shall be made to the town council of said town of Elberton, within three days from the holding of said election, which said town council shall declare the result within ten days from the time the same is held; provided , that the ballots cast at said election shall contain the words for bonds or the words against bonds, and unless for bonds shall receive a two-thirds ([frac23]) majority of all the voters of said town, qualified to vote at said election, then this Act shall not become a law. Regulations as to election. Majority necessary. SEC. IX. Be it further enacted, etc., That all laws in conflict herewith be, and the same are, hereby repealed. Approved October 20, 1891.

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NEW CHARTER FOR FLOVILLA. No. 209. An Act to establish a new charter for the town of Flovilla, in Butts county, Georgia. SECTION I. Be it enacted by the Senate and the House of Representatives in General Assembly met, and it is hereby enacted by authority of the same, That the inhabitants of the territory hereinafter designated are hereby continued corporate by the name and style of the town of Flovilla, body politic and corporate, with power to govern themselves as they may deem proper not in conflict with this charter, nor the Constitution and laws of this State, nor of the United States, with power in and by said corporate name to contract and be contracted with, sue and be sued, plead and be impleaded in all the courts of this State, and all other Acts relating to its corporate capacity; and shall be able, in law, to purchase, hold, receive, enjoy, possess and retain for the use and benefit of the said town of Flovilla in perpetuity or for any term of years, any estate or estates, real or personal, lands, tenements, hereditaments of whatever kind or nature soever, within the limits, or without the limits of said town, for corporate purposes to hold all property and effects now belonging to said town, either in her name, or the name of others, to the use of said town, for the purposes and intents for which the same were granted or dedicated; to use, manage and improve, sell and convey, rent or lease, and have the like powers over property hereinafter acquired, and to have and use a common seal. Corporate name and general powers. SEC. II. That the present incorporate limits of said town, beginning at the creek, where the line of the lands of Mrs. J. W. Heard and J. W. Minter crosses the creek, and running along the creek to the mouth of Big Trestle branch, thence along said branch to the land line of Mrs. W. F. Douglas; thence south along said line to the big road near the residence of W. F. Smith, crossing the road to the south side of said road; thence along the south side of said road to the incorporate limits of McIntosh; thence along the east line of McIntosh to the Monticello road; thence along the north side of said road to where it crosses the E. T., V. G. Railroad; thence on a direct line to the starting point. Corporate limits. SEC. III. There shall be elected at the next annual election and biennially thereafter, a mayor, who shall hold his office for two years. The mayor in all cases shall hold his office

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until his successor is elected and qualified, and in the event that the office of mayor shall become vacant by death, resignation, removal or otherwise, the mayor pro tem. , or in case his seat is vacant, a majority of the council, shall order an election by giving at least ten days' notice in any one or more papers, or at two or more of the most public places in said town; and said election so held shall be managed in the same manner as the election to be held in chief according to the provisions of this charter; provided, however , if the office of mayor shall become vacant within three months of the expiration of his term of office, the mayor pro tem. shall act as mayor during the balance of said term and exercise all the powers of mayor during said term. Mayor. SEC. IV. He shall be the chief executive of said town. He shall see that all the laws and ordinances of the town are faithfully executed; shall examine and audit all accounts against the town before payment; shall have a salary adequate, to be fixed by the council preceding his election, which shall not be changed during his term of office. He shall have power to convene the council in extra session whenever, in his judgment, the exigencies of the case require it. Powers, duties and salary of mayor. SEC. V. The mayor, or, in his absence the mayor pro tem. , shall have full power and authority to hold at such times and places, and under such rules and regulations as may be prescribed by ordinance, a mayor's court for said town for the trial of offenders against the ordinances of said town, and impose such penalties for violations thereof as may be prescribed by ordinance, not exceeding one hundred dollars and imprisonment or labor on public works or streets for not exceeding thirty days for each offence. Mayor's court. Penalties. SEC. VI. That on the second Wednesday in January, 1891, and annually thereafter on the same day, there shall be an election for mayor and five aldermen for said town, and installed one month thereafter, at which election all male citizens of said town who shall have resided within the corporate limits of said town thirty days before said election, and who may be entitled to vote for members of the General Assembly of this State, and who shall have worked upon the streets of said town the number of days they have been required to during the year in which election may be held, or paid commutation tax in lieu thereof, according to the laws and ordinances of said town, and all town tax due, shall be entitled to vote at such election; and all persons entitled to vote at such election and eligible to office, according to the Constitution and laws of this State, shall be eligible to hold any office of said town. At any such election

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any Justice of the Peace and two freeholders, or in the absence of a Justice three freeholders resident in said town, and who are not candidates, may act as managers and shall conduct such election, as nearly as practicable, with the election laws of this State. Such managers shall give certificate of election to the persons receiving the highest number of votes for their respective offices, which certificate shall be recorded on the minutes of the council and shall be held to be the highest evidence of election of such officers. Any person who shall vote more than once at such election, or contrary to the provisions of this section, shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not less than fifty dollars nor more than two hundred dollars, or imprisonment in the county jail not exceeding six months. Elections for mayor and aldermen. Penalty for illegal voting. SEC. VII. Be it further enacted by the authority aforesaid, That before entering upon the duties of said offices the persons elected thereto shall subscribe and take the following oath: I do solemnly swear that I will, to the best of my ability, discharge the duties of mayor, or alderman, as the case may be, of the town of Flovilla during my continuance in office, so help me God. Any person authorized by law, or the acting mayor of said town, may administer said oath. The mayor shall hold his office for two years, and aldermen and other officers provided for in this Act shall hold their offices for one year from the second Wednesday in January succeeding their elections, and until their successors are elected and qualified; provided, nevertheless , that the officers elected by said mayor and aldermen shall be liable to removal by a majority vote of the council for neglect of duty, or malfeasance in office. Official oath. Terms of office. Removal of officers. SEC. VIII. No resolution or by-law having for its object the increase of the indebtedness of the town, of the expenditures of its revenues and moneys, shall become a law and binding until the same shall have received a vote of the majority of the council. When any such vote or resolution, ordinance or by-law is passed, any councilman may give notice of a motion to reconsider, and such motion shall operate to delay the question until said reconsideration can be acted on at the next regular meeting of the council. Each member shall have the right to call for the yeas and nays, which shall be recorded on the minutes. The mayor or presiding officer shall have no vote, except in case of a tie. Resolutions or by-laws as to incurring debt, etc. SEC. IX. That the mayor and council shall have full power to pass all by-laws and ordinances respecting public buildings and grounds, public houses, wagons, carriages, carts, drays, pumps, wells, fire-engines, care of the poor, suppression

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of disorderly houses, houses of ill-fame, for the prevention and punishment of disorderly conduct and conduct liable to disturb the peace and tranquillity of any citizen or citizens thereof, and every other by-law, regulation and ordinance that may seem to them proper for the security of the peace, health, order and good government of said town. General powers as to by-laws and ordinances. SEC. X. The said mayor and council shall have power and authority to prescribe, by ordinance, adequate penalties for all offenders against the ordinances of said town, and to punish offenders by fines not to exceed one hundred dollars and imprisonment in the calaboose or building used for that purpose, not exceeding thirty days for each offence; to enforce the payment of fines by compelling offenders, and those who refuse or fail to pay said fines, to work on the streets or public works of said town. They shall have power to compel offenders sentenced to imprisonment in the calaboose, as aforesaid, to labor on the public works or streets, to be regulated by ordinance. Penalties for violation of ordinances, etc. SEC. XI. For the purpose of raising revenues for the support and maintenance of said town government, the said mayor and council shall have full power and authority, and they shall provide by ordinance for the assessment, levy and collection of an ad valorem tax on all real and personal property, except farm lands within the corporate limits of said town, not exceeding one-half of one per cent. thereon; provided, nevertheless , that all assessments of real property shall be made at the cash market valuation. Ad valorem tax. Assessments of realty. SEC. XII. That when said new council shall have been installed, at their first regular meeting they shall proceed to elect a marshal and clerk and treasurer; said election to be determined by ballot, and the person receiving the highest number of votes shall be deemed elected to each of said offices, respectively; that no person shall be eligible to either of said offices except he be a resident of said town and possessing the same qualifications of voters as before specified. Marshal, clerk and treasurer. SEC. XIII. The said mayor and council shall have full power and authority to require any person, firm, company or corporation engaged in prosecuting or carrying on, or who may engage in prosecuting or carry on any trade, business, calling or avocation within the corporate limits of said town, to register their names and business, calling, vocation or profession annually, and to require such person, company or association to pay for such registration and for license to engage in prosecuting or carrying on such business, calling or profession aforesaid, not exceeding twenty-five dollars per annum. This restriction not to apply to the selling of spirituous or intoxicating liquors. Business registration and licence.

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SEC. XIV. They shall have full power and authority to regulate the retail of ardent spirits within the corporate limits of said town, and at their discretion to issue license to retail or withhold the same, and to fix the price to be paid for license at any sum they may think proper. Retailing of ardent spirits. SEC. XV. The said mayor and council shall have full power to pass such ordinances as they think proper in regard to granting or not granting licenses to theatrical companies or performances, or for shows or other exhibitions; provided , the price to be paid for such license when granted shall not exceed one hundred dollars for each exhibition or performance. Theatrical performances, etc. SEC. XVI. The said mayor and council shall have full power and authority to prohibit the selling of lager beer, or other fermented drinks, without first obtaining a license for that purpose; provided , said mayor and council shall fix such sum for such license as in their discretion may seem proper. They shall have full power and authority to license billiard tables and ten-pin alleys, and all billiard tables kept or used for the purpose of gaming, playing or renting, and all ten-pin alleys, nine-pin alleys, or alleys of any kind which are kept or used for the purpose of playing on with pins or balls, or either, for the purpose of renting the same, and charge for said license not exceeding fifty dollars on each table, alley or track. Retailing of termented drinks. Billiard tables, etc. SEC. XVII. Be it further enacted, That the said mayor and council shall have power to levy and collect from itinerant traders who may directly or indirectly, by themselves or others, sell any wares, goods or merchandise in said town, such tax as to them may seem proper; provided , that no person or persons shall be prohibited from selling, free from tax, any number of books, maps, charts or mathematical instruments made in this State, or elsewhere, within the said town. Itinerant traders. Books, maps, etc. SEC. XVIII. Be it further enacted, That the annual expenses of the town of Flovilla be so restricted as not to exceed the annual income of the town. Expenses not to exceed revenues. SEC. XIX. Be it further enacted, That the mayor and council shall make, or cause to be made, an early assessment of town property, which assessment shall in all cases be made at the cash market valuation of the same, so that the returns of the assessors can be completed and handed in by the first day of April each year, and after all other returns for taxation shall be made by the first day of May of each year. Upon the returns of the assessors being handed in, as above provided, the said mayor and council shall, by the tenth day of May thereafter, cause an estimate to be made

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up and entered upon the minutes showing the gross amount of the income of the town, for the fiscal year, ascertained by the assessment of a tax not exceeding one-half per centum of the taxable property in the town and a reasonable estimate of the other taxes and sources of revenue, and shall apportion and set apart the same, as follows: first, reduction of any debt; second, street force; third, police; fourth, salaries; fifth, contingent fund, which several sums, taken in the aggregate, shall not exceed the amount from the income of all sources for the year in question. The annual appropriations as made by the council may be varied as to the amount distributed to the several heads at the first meetings held in August and November, these variations not to retroact on expired quarters, and not to enlarge in any manner the aggregate appropriations for the year; and no money shall be drawn from the town treasury except by order of the mayor, approved by the finance committee, which order shall specify the fund from which it is drawn, and unless it so specifies the fund from which it is drawn, and unless it so specifies the fund from which it is to be drawn, it shall be void; and the said mayor and finance committee shall be liable to the town for the refunding of any amounts drawn upon such orders to be recovered in an action brought in any of the courts of this State having jurisdiction thereof in the name of the clerk and treasurer for the use of the town, and twelve and one-half per cent. of the recovery shall be his compensation, and if he fails to bring said action within thirty days the said sums may be recovered of him and his bondsmen at the suit of any citizen, and no action brought under this section, or right of action, shall be settled without the consent of the judge before whom such suit is pending, upon exhibition of all the facts, and such consent entered upon the minutes. Property, assessment. Estimates of income. Rate of taxation, etc. Uses of revenue. How money may be drawn from treasury. When improperly drawn officials liable. SEC. XX. Be it further enacted, That the treasurer of the town at the close of each fiscal year shall make a full tabular statement of the assets and resources of the town, with an itemized estimate of the probable and necessary expenses for the ensuing year, which shall be published, and no greater amount of revenue shall be raised the ensuing year than the amount of said estimate, together with salaries of officers, unless in cases of emergency, to be judged of by the council. Statements by treasurer, etc. SEC. XXI. Be it further enacted, If an additional fund is required by said corporation for internal improvements or other purposes not herein provided for, or if the amount realized by the levy of said one-half of one per cent. shall not be sufficient to defray the ordinary current expenses of said town, an additional tax may be levied for such purposes

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when the same shall have been authorized by a vote of two-thirds of the legal voters of said town, who shall vote at an election to be held for that purpose; said election to be held under such rules and regulations as may be fixed by ordinance. Additional tax for deficiency of revenues. Must be authorized by popular vote. SEC. XXII. The mayor and council shall have full power and authority to open, lay out, to widen, straighten or otherwise change streets, alleys or squares in the said town of Flovilla. Whenever the mayor and council shall exercise the power above delegated they shall appoint one freeholder, and the owners of said lots fronting on side streets or alleys shall, on five days' notice, appoint one freeholder, who shall proceed to assess the damages sustained, taking into consideration the advantages derived by the owner or owners of said lots in consequence of the opening, widening, straightening or otherwise changing said streets or alleys; and in case said assessors cannot agree, they shall select a third freeholder, the said assessors to take an oath that they will faithfully discharge their duties, and either party to have the right to enter an appeal to the Superior Court of Butts county within ten days from the rendition of such award. Streets, etc. Assessments of damages. Appeal. SEC. XXIII. The said mayor and council shall have full power and authority to establish and fix such a system of grading and draining of the streets of said town as they may deem proper. They shall have full power and authority to order such pavements or sidewalks laid down as they may deem proper. Upon failure of any person to comply with the same, within the time prescribed, the said mayor and council may have the same done and levy and collect the expenses thereof by execution against the lands and goods and chattels of the owner of the lot or lots. Grading and draining streets. Pavements and sidewalks, etc. SEC. XXIV. Be it further enacted by authority aforesaid, That the mayor and aldermen of said town shall have authority to call out, or provide for calling out, each and every male person subject to road duty under the road laws of this State who resides within the corporate limits of said town, who shall be compelled to work upon the streets or sidewalks of said town for the number of days of each year as are now fixed by the road laws of this State; and when any person liable to such street or road duty shall have been notified by the marshal or his deputy, either in writing or orally, one day prior to the day of working, to work on said streets, and shall in any way make defalt by failing to appear at the time and place specified in said notification, or to work as required by the present road laws of the State, or in any other manner shall make default in relation

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thereto, such party shall be notified to appear before the mayor and council to show cause why he should not be fined for said default; and at the time appointed the mayor and council shall try said defaulter, and if found guilty of said default they may impose a fine upon such defaulter to the same extent that road commissioners of this State may fine defaulters under the present road laws of this State; and if the fine or fines imposed are not paid within such time as may be fixed by the mayor and council, such defaulter may be by order of said mayor and council imprisoned in the calaboose or common jail of the county not exceeding two days for each dollar of the fine imposed. Said mayor and council shall have power and authority to fix by ordinance a commutation tax or sum of money, which, when paid by any person liable to street duty, shall exempt him from any street or road duty for the year for which it is paid; but no person shall have the right to relieve himself from the penalty or default as aforesaid by paying or offering to pay such commutation tax without the consent of the mayor and council. Working streets. Defaulters. Commutation tax. SEC. XXV. The police force shall consist of a marshal, elected as before prescribed, and such other men as the mayor and council shall prescribe. They shall take an oath faithfully and impartially to discharge the duties imposed upon them by law and the town ordinances; shall give such bond as may be required of them by town ordinance. Their several terms of office shall commence on the day of their election and continue one year unless dismissed from office in consequence of a dereliction of duty. Police force. Oath and bond. Terms of office. SEC. XXVI. The compensation of the marshal and such other officers as may be elected shall be prescribed by ordinance, and shall not be increased nor diminished during their respective terms. No extra pay, or allowance, or cost shall be made to them, or either of them. It shall be their duty to make arrests in the manner prescribed by law of persons violating any penal law of this State. They shall perform such other duty as shall be imposed by the law of this State or ordinance of the town council. It shall be the duty of the marshal to prosecute offenders before the Superior Court of Butts county, or the County Court of said county. For a failure to perform any duty required by law, he or they may be suspended or removed from office by the mayor and council. The mode of preferring accusations against him or them shall be prescribed by town ordinance. The marshal and police shall be uniformed and armed so as to be readily recognized by the public as a peace officer; said arms to be furnished by the town, and to remain the property of the town. Compensation of marshal and other officers. Duties. Uniforms and arms.

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SEC. XXVII. Be it further enacted by the authority aforesaid, That the marshal and his deputies shall, in addition to the duties hereinbefore imposed upon them, perform such other duties in the sphere of their duties as may be assigned them by the council, in consonance with the provisions of this charter and ordinances of council not inconsistent herewith. Other duties of marshal and deputies. SEC. XXVIII. Be it further enacted by the authority aforesaid, That the treasurer shall receive all moneys due to the town from any and all sources, and pay the same out upon orders drawn by the mayor and council; said orders being countersigned by the mayor, or in his absence by the mayor pro tem . The said treasurer shall keep a book which shall at all times be subject to inspection by the council or any person holding an order upon him, which book shall show what amount of money remains in his hands, and from what source received, and what moneys have been by him disbursed, and upon what account, and shall preserve all orders by him paid off as vouchers for disbursements, and he shall do and perform all other duties relative to the finances of the town prescribed by ordinances of council, and in the manner prescribed; provided , such ordinances are not inconsistent with this Act. Duties of treasurer. SEC. XXIX. Be it further enacted by the authority aforesaid, That the treasurer and marshal shall each execute a bond with at least two good and solvent sureties, to be approved by the mayor and council, the sum of not less than five hundred dollars; said bound to be made payable to the mayor and aldermen and their successors in office, conditioned for the faithful performance of their separate duties. Such bond must be given before the said officers enter upon the duties of their respective offices, and the principal and sureties thereon may be sued on said bond for any default in references to the finances of the town made by the officer giving said bond, as soon as said default shall be ascertained, and recovery can be had and enforced, as upon other judgments rendered by the courts of this State, and any officer who shall fail to pay over any funds in his hands belonging to the town, according to law and the ordinances of council, shall be guilty of a misdemeanor, and on conviction shall be punished as prescribed by section 4310 of the new Code of Georgia. Bonds of treasurer and marshal. Failure to pay over town funds. SEC. XXX. The mayor and council shall have full power and authority to elect, at the same time the other town officers are elected, three persons, freeholders, residents of said town, as city assessors, who shall hold their office for one year, unless

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removed by the mayor and council for cause to be judged of by them. It shall be the duty of said assessors to assess the value of all real estate at the cash market valuation within the corporate limits of said town; shall make return to the said mayor and council, and the said mayor and council shall place such assessments so returned in the hands of the clerk and treasurer who shall enter the same in his book with other taxes, and the same shall be collected as other taxes of the town. Tax assessors. SEC. XXXI. The said assessors, before they enter on the discharge of their duties, shall take and subscribe an oath before the mayor faithfully and truly to assess all the real estate within the corporate limits of said town, and to return such assessments to the mayor and council thereof with the names of the owners thereof, and shall receive for their services such sums each as the mayor and council shall order. Oath and compensation of tax assessors. SEC. XXXII. Be it further enacted by the authority aforesaid, That if any person fail or refuse to pay the tax imposed by this Act, or the ordinance enacted in accordance therewith, either ad valorem or special, the clerk of said town shall issue an execution which shall be signed by him and bear test in the name of the mayor. Said execution shall bind all the property which said defaulting tax-payer owned in said town on the day that his property is bound for State and county taxes in the year in which it is returned for taxation. Such execution shall be directed to and enforced by the marshal of said town, and in case real estate is levied upon, it shall be the duty of the marshal to advertise the sale of the same, as Sheriff's sales are now advertised, and the said clerk shall be entitled to fifty cents for each fi. fa. so issued, and the marshal to the same fees as by law bailiffs of the State are entitled to for levies and the same commission for selling as are received by Sheriffs of this State. Collection of taxes by execution. SEC. XXXIII. All warrants, summons, precepts, executions or other process issued by the clerk or other officer of said town of Flovilla shall be directed to the marshal of Flovilla. Warrants, summonses etc. SEC. XXXIV. Be it further ordained by authority aforesaid, The mayor and council of said town shall have full power and authority to compel the attendance of witnesses and parties at the mayor's court, and the meeting of said council, and for this purpose said mayor and council shall have full power and authority to take and receive of parties and witnesses such bonds as they shall deem necessary to secure the attendance of parties and witnesses and to pass all ordinances

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necessary to carry this provision into effect, and to forfeit and collect such bonds in the same manner as such bonds are now forfeited in the Superior Courts of this State. Attendance of parties and witnesses at mayors court. SEC. XXXV. Be it further ordained by authority aforesaid, That the said mayor and council shall have full power and authority to establish a fee bill for the officers of said town, not higher than fees allowed county officers nor lower than those allowd to the justices of the peace and constables of said State. Officers' fee bill. SEC. XXXVI. The said mayor and council shall have power and authority to establish and define the fire limits of said town, and, from time to time, in their discretion, to extend or enlarge the same, within which fire limits so established it shall not be lawful for any to erect other than fire-proof buildings or structures of any kind other than fire-proof; and should any one erect, or cause to be erected within such limits so established any such buildings or structures, said mayor and council, after giving five days' notice, shall cause the same to be removed at the expense of the owners of such buildings or other structures, the said expenses to be collected by execution issued by the clerk of council; and said mayor and council shall have power to determine what buildings or structures are or are not fire-proof. Fire limits. SEC. XXXVII. Thus the mayor and council of said town shall have power and authority to provide for the registration of voters prior to any municipal election in said town; to make all needful rules and regulations for the same, and require that no person be permitted to vote unless registered as aforesaid. Registration of voters. SEC. XXXVIII. Whenever any personal property has been levied on in the town of Flovilla, if of a character to render its removal to the place of holding marshal's sales (which place shall hereinafter be fixed by ordinance) of more than ordinary expense or inconvenience, the same may be sold at any place within the corporate limits of said town, at public outcry, within the hours now provided by law, and after having given the notice required by law; provided , the owner thereof gives his consent. Sales of personalty expensive to move, etc., under levy. SEC. XXXIX. It shall be the duty of the mayor and council now in office in said town to fix the salaries or compensation for the officers first to be elected for said town under this charter. Salaries etc., of officers first to be elected, how fixed. SEC. XL. The mayor and council are hereby authorized to make proper assignments for and work upon the streets and public works of said town, or to farm out all persons sentenced to imprisonment by violation of the ordinances of said town. Public works, etc.

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SEC. XLI. Be it further enacted by authority aforesaid, That until ordinances and by-laws shall be adopted in conformity with this charter; those now in force not inconsistent herewith shall remain of force. Ordinances etc., now in force remain so until adoption of others. SEC. XLII. Be it further enacted by authority aforesaid, That the organization of the town government shall remain as it now is, except as it may be changed to conform with this charter, until the first annual election under this charter and the qualification of the officers elected at that time; but the officers of said town shall be governed by and conform to the provisions of this charter so far as the same may be practicable, and they are hereby authorized and empowered to act under such provisions, and any ordinance or by-law that may be adopted in conformity to this charter shall be of force and take effect from and after the same shall have been published in two public places in said town for five days, or any one insertion in a newspaper published in said town. Town government until first election under this charter. SEC. XLIII. Be it further enacted by authority aforesaid, That the mayor and council shall have power and authority to issue bonds for any improvements within the corporate limits of said town; provided , that a two-thirds majority of the legal voters voting at such election as may be held after thirty days' notice in any newspaper or by publishing the same at two or more conspicuous places in said town. Bonds for public improvements. Must be authorized by popular vote. SEC. XLIV. 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 CHARTER OF FLOVILLA. No. 473. An Act to amend the charter of the town of Flovilla, approved December 27, 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 section 4 of an Act approved December 27, 1890, entitled an Act to establish a new charter for the town of Flovilla, be amended to read as follows: The mayor shall be the chief executive of said town; he shall

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see that all the laws and ordinances of the town are faithfully executed; shall examine and audit all accounts against the town before payment; shall have a salary adequate, to be fixed by the council preceding his election, which shall not be changed during his term of office; shall have power to convene the council in extra session whenever in his judgment the exigencies of the case require it. He shall see that the ordinances and by-laws of the town are faithfully kept, and to this end he may cause the arrest and detention of all riotous and disorderly persons in the town before issuing his warrant therefor; he shall be exofficio Justice of the Peace within the town; shall within the town possess and exercise all the powers and duties vested by law as a Justice of the Peace in the town; he shall have power to issue executions for all fines, penalties and costs imposed by him, or he may require immediate payment thereof, and in default of such payment he may commit parties in default to the county jail or other place of imprisonment in the town until the fines or penalties or cost shall be paid, said term of imprisonment not to exceed thirty days. In case of sickness or the absence from town of the mayor, the mayor pro tem. or a majority of the council shall perform all the duties of the mayor. Duties, etc. of mayor. Mayor pro tem, etc. SEC. II. Be it further enacted, That section 6 be amended by mayor and one month being stricken out and read as follows: (That on the second Wednesday in January, 1891, and annually thereafter on the same day, there shall be an election for five aldermen for said town, and installed within thirty days thereafter, at which election all male, etc.) Election and instal lation of aldermen. 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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AUTHORIZING CONDEMNATION OF PRIVATE PROPERTY IN LAGRANGE FOR STREET PURPOSES. No. 111. An Act to amend the charter of LaGrange (Ga.), so as to confer on the mayor and council of the city of LaGrange the right and power to condemn private property for the purpose of opening, laying out and grading new streets, or prolonging and extending old ones in the city of LaGrange, to provide for the assessment and payment of 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 from and after the passage of this Act the mayor and council of the city of LaGrange, in addition to the powers already conferred on them by previous laws, shall have full power and authority to open, lay out and grade new streets through said city, and to prolong and extend old ones already in existence, in such manner and in such direction as said mayor and council may direct at any regular meeting thereof, by resolution duly passed according to the laws and ordinances of said city; and for this purpose may take and appropriate private property, just and adequate compensation first being paid. Opening, etc., of streets. Private property may be appropriated. SEC. II. Be it further enacted by the authority aforesaid, That whenever any property sought to be condemned for the purposes aforesaid shall be worked out and located (it shall be lawful for the mayor, acting for the mayor and council of said city, and under their direction, to tender to the owner of said property the amount of damages agreed on by said mayor and council as an adequate compensation to said owner for taking said property, and if accepted then the owner shall make and deliver to the mayor and council a deed of conveyance to said mayor and council, conveying said property for the uses intended). If the owner and mayor cannot agree on the damages, then it shall be lawful for the mayor to appoint two freeholders of said city and the owner aforesaid, after five days' notice, shall appoint two other freeholders of said city, and the four thus chosen shall select a fifth freeholder, and the five so chosen shall proceed to assess the damages aforesaid; but if the owner aforesaid shall refuse to appoint assessors after five days' notice so to do, then the two chosen by the mayor may make the assessment, and they may call in an umpire if they disagree.

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Said assessors shall take an oath faithfully and fairly to discharge their duties, and shall make their returns to the clerk of the city council within three days after having been appointed; and when their return shall be so filed the award shall be paid by the mayor and council aforesaid, and when paid the title to the property so located, taken and assessed shall rest in said mayor and council for the purposes aforesaid; provided , that either party may enter an appeal to the Superior Court of Troup county within five days after the award and return shall have been filed with the clerk aforesaid; provided further , that the mayor and council may refuse to pay the amount assessed as aforesaid and decline to take said property before any appeal is entered to the Superior Court; provided further , that when the owner as aforesaid shall desire to enter an appeal as aforesaid, it shall be lawful for the mayor and council to enter into and make a bond, with security, to pay the eventual condemnation money finally adjudged or decreed to be paid by said Superior Court, and having done so may proceed with the appropriation of said condemned property for the purpose aforesaid. Method of condemnation. Oath and award of assessors. Payment of award. Appeals. City may decline to take property. When appeal entered city may give bond and take property. SEC. III. Be it further enacted, That all laws and parts of laws in conflict herewith be, and the same are, hereby repealed. Approved December 24, 1890. WATER-WORKS AND ELECTRIC LIGHTS FOR LAGRANGE. No. 183. An Act to confer upon the mayor and council of the city of LaGrange, Georgia, authority to issue bonds to the amount of $50,000, the proceeds of which to be applied to the erection of water-works and electric lights in said city; provided , two thirds of the qualified voters of said city shall assent thereto; to authorize the ordering of an election for the purpose of submitting the question of issuing said bonds to the qualified voters of said city; to prescribe the method of holding said election 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 mayor and council of the city of LaGrange shall be, and

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they are, hereby authorized and empowered at such time as they may select within two years from the passage of this Act, and at the usual place of holding municipal elections in said city, submit to the qualified voters of said city the question of bonds or no bonds. Notice of the time and place of holding said election shall be given by publishing in accordance with the provisions of the existing general law, in the newspapers published in said city, a notice setting forth the objects of said election, and the time and place of holding the same. Said election shall be conducted in all respects as elections for mayor and councilmen of said city are now conducted, and only those voters qualified to vote for mayor and councilmen at the election thereof next preceeding the election for bonds or no bonds shall be qualified to vote at the election herein provided for; provided , that the managers of the election, who shall be the same provided for in the Act of March 3, 1856 (referring to elections for mayor and councilmen of said city), shall make a return of the result of said election herein provided for, with their certificate thereon, to the mayor of said city, and each ballot cast at this election shall have printed thereon bonds, or printed thereon no bonds, according as the voter may favor or oppose the issue and sale of bonds as provided herein. Election upon question of issuing bonds. Notice. Regulations for election. Qualifications of voters. Return of result. Ballots. SEC. II. Be it further enacted by the authority aforesaid, That if at said election the necessary two-thirds of the qualified voters of said city shall vote in favor of bonds, the mayor shall so declare, and announce his decision by publishing in the newspaper which published the notice of election, one time, the result of said election, and the mayor and council aforesaid may proceed as soon thereafter as practicable, to issue bonds, with coupons, bearing interest at a rate not to exceed seven per centum per annum, and not to exceed in par value the sum of fifty thousand dollars, and to run for such time, not exceeding thirty years from the date of their issue, as the mayor and council may decide. Said mayor and council may make said bonds redeemable at such time as may seem most advantageous for said city, and shall provide by taxation for the payment of the interest on the same, and shall also provide by such means as they may think best for the accumulation of a fund to meet and pay off said bonds when they shall become due. Said bonds, when issued, shall be signed by the mayor of LaGrange and countersigned by the clerk of council, and so much of them as may be necessary for the purpose hereinbefore mentioned shall be sold by said mayor and council in such manner as shall be most advantageous for the interests of said city of LaGrange. Majority necessary. Publication of result. Bonds, amount, rate of interest and maturity. Redemption, etc. Signing and sale of bonds.

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SEC. III. Be it further enacted by the authority aforesaid, That the bonds herein provided for shall be negotiated and sold by said mayor and council for a sum not less than par; and the proceeds of the same shall be applied and used by said mayor and council solely for the purpose of erecting, maintaining and operating water-works or electric lights or both, in said city of LaGrange under such regulations as may be prescribed by the mayor and council of said city. Must be sold for not less than par. Use of proceeds. SEC. IV. Be it further enacted by the authority aforesaid, That in the event of an election held under the provisions of this Act, the necessary two-thirds of the qualified voters as aforesaid shall fail to vote for bonds, then the question may be submitted to the qualified voters in the same manner once again before the expiration of the two years first after the passage of this Act, under the same rules and regulations at the first election, just as though no election were ever held, notice having been previously given as herein provided for in the same manner as was given in the first election. Second election. 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. TAX FOR SUPPORT OF CITY GOVERNMENT OF LaGRANGE. No. 588. An Act to amend an Act entitled an Act to amend the charter of the city of LaGrange, Georgia, so as to confer upon the mayor and council the power to levy a tax of one-half of one per cent. ad valorem upon the taxable property of said city, or so much thereof as may be necessary for the support of said city government, and for other purposes, approved September 3, 1889, so as to confer upon the mayor and council of said city the power to levy a tax of sixty-five one-hundredths of one per cent. ad valorem upon the taxable property of said city, or so much thereof as may be necessary for the support of the city government, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of

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the same, That that part of the charter of the city of LaGrange, Georgia, embraced in an Act to amend said charter, approved September 3, 1889, be amended by striking out the words one-half, in the line of said Act, and inserting in lien thereof the words sixty-five one-hundredths, so that, as amended, said section shall read: Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act the mayor and council of the city of LaGrange, in addition to the power already conferred upon them by law, shall have full power and authority to levy and collect such tax upon the property subject to taxation according to valuation under the present law as, in their judgment, the wants and necessities of the city may require; provided , such taxation shall not be more than sixty-five one-hundredths of one per cent. upon the valuation of said property. Act of September 3, 1889, amended. Amount of ad valorem tax which may be levied. SEC. II. Be it also enacted 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. AS TO TERM OF OFFICE, ETC., OF MAYOR AND ALDERMEN OF MACON. No. 34. An Act to amend the charter of the city of Macon, so as to limit and fix the term of office of the mayor and aldermen, to prescribe the time and manner of their election, to repeal that portion of the charter providing for the election of the entire Board of Aldermen at one and the same time, and to declare the mayor and aldermen ineligible to a second term, and for other purposes. SECTION I. Be it enacted by the General Assembly of this State, and it is hereby enacted by the authority of the same, That from and after the passage of this Act, section 1 of the Act approved December 11, 1871, as it now stands amended by the Act of September 12, 1881, altering and amending the several Acts incorporating the city of Macon, and which reads as follows: On the second Saturday in December, eighteen hundred and seventy-two (1872), and every two years thereafter on said day, there shall be held an election in the city of Macon for a mayor and twelve aldermen, who shall serve for two years, and until their successors are

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elected and qualified; and the polls shall be open at eight o'clock A. M. and close at 5 o'clock P. M. be and the same is hereby repealed, and the following enacted in lieu thereof: On the second Saturday in December, 1890, there shall be an election for a mayor and twelve aldermen of the city of Macon. The term of office of the mayor shall be three years, and until his successor is elected and qualified. He shall be ineligible for the succeeding term, and no person hereafter elected to the office of mayor of the city of Macon shall hold that office for two terms in succession. On the said day there shall be elected from the four wards of said city one alderman from each ward for a term of one year, one alderman from each ward for a term of two years, and one alderman from each ward for a term of three years, making twelve aldermen in all. These aldermen shall each be ineligible to the succeeding term. At each general election thereafter, which shall occur annually, one alderman shall be elected from each of the four wards of said city for a term of three years. So that all the aldermen who are elected after the second Saturday in December, 1890, shall hold their office for three years, and until their successors are elected and qualified. These aldermen shall be ineligible to the succeeding term, and no person hereafter elected to the office of alderman of the city of Macon shall hold that office for two terms in succession. Act of December 11, 1871, as amended by Act of September 12, 1881, amended. Elections for mayor and aldermen. Term of office of mayor. Ineligible for second term. Election, terms of office, etc., of aldermen. SEC. II. In determining the manner and form of selecting the aldermen for the city of Macon, at the first election to be held under this Act, to-wit, on the second Saturday in December, 1890, the following shall be the rule adopted by the managers of said election: That person in each of the four wards of said city who shall receive the highest number of votes shall be declared the alderman elected for that ward for the term of three years; that person in each of the four wards of said city who shall receive the next highest number of votes shall be declared the alderman elected for that ward for the term of two years, and the person from each of the four wards who shall receive the next highest vote shall be declared the alderman elected for that ward for a term of one year. Rules for first election under this Act. SEC. III. Be it further enacted by the authority aforesaid, That the polls at all city elections shall be opened at seven o'clock A. M. and closed at 5 o'clock P. M. Opening and closing of polls. SEC. IV. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 9, 1890.

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REPEALING ACT OF SEPTEMBER 28, 1889, AND AMENDING ACTS AS TO BONDS FOR PARKING, PAVING AND SEWERING STREETS, ETC. No. 47. An Act to repeal an Act, approved September 28, 1889, entitled an Act to amend the charter of the city of Macon and the several Acts amendatory thereof, so far as to authorize the mayor and council of the city of Macon to issue bonds in the amount of two hundred thousand dollars for the purpose of parking, paving and sewering the streets of said city of Macon; to provide for a commission for adopting a permanent plan for parking, paving and sewering the streets of said city, and for the expenditure of moneys raised for that purpose. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That an Act, approved September 28, 1889, entitled an Act to amend the charter of the city of Macon and the several Acts amendatory thereof, so as to authorize the mayor and council of the city of Macon to issue bonds in the amount of two hundred thousand dollars for the purpose of parking, paving and sewering the streets of said city of Macon; to provide for a commission for adopting a permanent plan for parking, paving and sewering the streets of said city, and for the expenditure of moneys raised for that purpose, be, and the same is, hereby repealed. Act of September 28, 1889, as to bonds for parks, sew ers, etc., and amendatory Acts, 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 13, 1890.

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REPEALING ACT OF SEPTEMBER 28, 1889, AS TO IMPROVEMENT OF STREETS OF MACON. No. 105. An Act to repeal an Act, approved September 28, 1889, entitled an Act to amend the charter of the city of Macon so as to provide for the improvement of its streets by vesting in the mayor and council of the city of Macon the authority to pass ordinances, to prescribe the width of the various streets in said city; to grant encroachments upon any of its streets, and to compel property owners to encroach upon the streets so as to make the width of streets uniform, and to provide the terms upon which said encroachments can be built upon; to authorize the said mayor and council of the city of Macon to compel the property owners on both sides of any street in the city of Macon to pay one-third the cost of paving the streets in front of their respective property; provided , the mayor and council of the city of Macon shall pay the other one-third; and to provide for the assessment, collection and expenditure of the amount so received from said property owners. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That an Act approved September 28, 1889, entitled an Act to amend the charter of the city of Macon so as to provide for the improvements of its streets by vesting in the mayor and council of the city of Macon the authority to pass ordinances; to prescribe the width of the various streets in the said city; to grant encroachments upon any of its streets, and to compel property owners on both sides of any street in the city of Macon to pay one-third the cost of paving the street in front of their respective property; provided , the mayor and council of the city of Macon shall pay the other one-third; and to provide for the assessment, collection and expenditure of the amount so received from said property owners, be, and the same is, hereby repealed. Act of September 28, 1889, as to street improvements, etc, repealed. SEC. II. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 24, 1890.

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REGISTER OF BIRTHS, DEATHS AND MARRIAGES FOR MACON. No. 115. An Act to amend an Act entitled an Act to amend the charter of the city of Macon, in the county of Bibb, by enlarging and extending the power and authority of the mayor and council of said city over the health thereof; to authorize the mayor and council thereof to create a Board of Health for said city, and to confer upon the board additional authority in the sanitary regulation of said city, and for other purposes, by requiring physicians, clergymen and other persons in the city of Macon to make and keep a register of births, deaths and marriages, and report the same to the Board of Health of the city of Macon. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act the Board of Health of the city of Macon shall have power and authority to require of all physicians, clergymen, magistrates and other persons to make and keep a register of births, marriages and deaths occurring in said city and which may be within their knowledge, and to require said persons to report the same to said Board of Health, and to provide a penalty for violations of said requirements. Registry and report of births, deaths and marriages. SEC. II. Be it further enacted, That said Board of Health shall have power and authority to pass such ordinances as deemed by them necessary for the full enforcement of this Act. Board of Health may pass ordinances for enforcement of this Act. SEC. III. That all laws and parts of laws militating against this Act be, and the same are, hereby repealed. Approved December 24, 1890.

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AS TO PAYMENT OF SEWERAGE AND DRAINAGE BONDS OF MACON, ETC. No. 206. An Act to amend an Act entitled an Act to amend an Act entitled an Act to authorize the issue of interest bearing bonds by the mayor and council of the city of Macon for refunding the present bonded debt of the city of Macon, etc., approved December 20, 1886, so as to authorize the mayor and council to use and apply such portions of the balance left over from the proceeds of the tax of three-fourths of one per cent. as provided for in the fourth section of said Act as may be necessary to the payment of the principal and interest of two hundred and ten thousand dollars of bonds for sewering and draining said city of Macon; to prescribe additional restrictions concerning the use and application of the remainder of said balance, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That the above recited Act, approved December 20, 1886, be, and the same is, hereby amended by striking from section 4 of said Act the following words: Which balance shall be applied by the mayor and council exclusively to keeping the streets and public property of the city in good condition, and to no other purposes, and that the following be enacted in lieu thereof: Which balance shall be used and applied by the mayor and council of the city of Macon in the following specific manner and to the following purposes only: First, So much of said balance as may be found necessary each year to meet and pay the accruing interest and such portions of the maturing principal of any bonds which may be hereafter legally issued by the mayor and council of the city of Macon for the purposes of sewering and draining said city of Macon, and the reserve shall be set apart by said mayor and council as a separate and special fund for that purpose, and shall be used in no other way. Second, The balance then left over from the proceeds of the three-fourths of one per cent. taxes, after paying the bond commission fifty thousand dollars, and providing as above for the prompt payment annually of the maturing principal and accruing interest on any bonds which may be hereafter issued for sewering and draining the city of Macon, shall be used and applied as now provided for in the Act approved December 20, 1886, namely, in keeping the

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streets and public property of said city of Macon in good order and condition, and for other purposes; provided , that the bonds which may hereafter be issued for sewering the city and draining the reserve shall not exceed in amount the sum of two hundred and ten thousand dollars, and shall not run for more than thirty years, so that said section 4, as amended, shall read as follows: Be it further enacted by the authority aforesaid, That nothing herein contained shall be construed to limit or affect the per cent. or rate of taxes authorized to be levied by the mayor and council of the city of Macon in the Act of which this is amendatory, but the said mayor and council shall be authorized to levy and collect a tax of one and one-quarter per cent. provided for in said Act, and to apply all of the proceeds thereof, over and above the annual amount of fifty thousand dollars ($50,000) herein required to be paid to said commissioners of the bonded debt, to the general and ordinary expense account of the city government, as is already provided for in this Act, to which this is amendatory, except such balance as may each year be left over from the proceeds of the three-fourths of one per cent. taxes, after paying the fifty thousand dollars ($50,000) to the bond commissioners, which balance shall be used and applied by the mayor and council of the city of Macon in the following specific manner and to the following purposes only: First. So much of said balance as may be found necessary each year to meet and pay the accruing interest and such portions of the maturing principal of any bonds which may be hereafter legally issued by the mayor and council of the city of Macon for the purposes of sewering and draining the said city, and the reserve shall be set apart by the said mayor and council as a separate and special fund for that purpose, and shall be used in no other way. Second. The balance then left over from the proceeds of the three-fourths of one per cent. taxes, after paying the bond commission fifty thousand dollars and providing as above for the prompt payment annually of the maturing principal and accruing interest on any bonds which may be hereafter issued for sewering and draining the city of Macon, shall be used as now provided for in the Act approved December 20, 1886, namely, in keeping the streets and public property of said city of Macon in good order and condition, and for no other purpose; provided , that the bonds which may hereafter be issued for sewering the city and draining, the reserve shall not exceed in amount the sum of two hundred and ten thousand dollars, and shall not run for more than thirty years. Act of Dec. 20, 1886, amended. Part of section stricken. How balance may be used. Restrictions as to bonds for sewers and for draining reserve. Section as amended. SEC. II. Be it further enacted, That the mayor and council of the city of Macon are hereby authorized and directed to

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collect and apply this tax of three-fourths of one per cent. per annum on the real and personal property of the city of Macon for thirty years, in the following specific manner: The fifty thousand dollars due and to be paid the bond commission annually shall be collected and paid by the treasurer of the city of Macon to the bond commission in four equal installments, as follows: Twelve thousand five hundred dollars shall be paid to the bond commission on or before the first days of January, April, July and October of each year, hereafter, for twenty years, and a sum sufficient to meet promptly the principal and interest of any bonds which may hereafter be legally issued by the mayor and council of the city of Macon for the purpose of sewering and draining said city shall be set apart by the treasurer of the city of Macon, each year, for thirty years from the passage of this Act, and shall be used for no other purpose; and it shall be the duty of the treasurer of the city of Macon to see that the amount due the bond commission, as herein provided for, and the amount necessary to meet the principal and interest of any bonds hereafter issued for sewering and draining the said city, has been fully provided for and separately set apart each year, before any of the money arising from the three-fourths of one per cent. taxes is used or applied to keeping the streets and public property of the city in good order and condition. Any violation of this provision shall subject the mayor and council, as well as the treasurer, of the city of Macon, to the charge of malfeasance, and shall subject them, and each of them, to removal from office. Tax of three-fourths of one per cent. how collected and applied for thirty years. Duty of treasurer. Penalty for violation. SEC. III. Be it further enacted, That it shall be the duty of the treasurer of the city of Macon to make out and publish quarterly each year, in one of the daily papers of the city of Macon, a statement showing the exact amount of money he has paid over to the bond commission and when he paid it, and the exact amount he has expended in paying the principal and interest on any bonds hereafter issued for the purpose of sewering and draining said city, and when he paid it, and also what portion of the money arising from the taxes of three-fourths of one per cent. he has paid out for the purpose of keeping the streets and public property of the city of Macon in good order and condition, as herein provided for. Quarterly statement to be published. 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.

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AUTHORIZING ISSUE OF BONDS FOR SEWERAGE OF MACON, ETC. No. 207. An Act to amend the charter of the city of Macon, so far as to authorize the mayor and council to issue two hundred thousand dollars of bonds, the proceeds to be used for sewering the said city, to provide for a commission for adopting and carrying out plans for said sewering and for expending the money therefor, and for other purposes. SECTION I. Be it enacted by the General Assembly of this State, and it is hereby enacted by the authority of the same, That the mayor and council of the city of Macon be, and they are, hereby authorized to issue bonds of the city of Macon for the purposes hereinafter specified, to the amount of two hundred thousand dollars. Said bonds shall be in denominations of not less than one hundred dollars, as the mayor and council may determine; they shall bear interest at the rate of four and one-half per cent. per annum, payable semi-annually upon interest coupons or warrants, and the principal shall become due as follows: Six thousand dollars thereof shall be due one year from the date of their issue, and six thousand dollars each year thereafter for twenty-nine years, including the first year, and twenty-six thousand dollars shall be due thirty years after the date of said bonds. They shall be executed and signed by the mayor and treasurer of the city of Macon, and shall have the corporate seal of said city attached thereto. The coupons or interest warrants shall be signed by the treasurer. A record of the numbers and denominations of all the bonds issued shall be kept by the treasurer of the city and shall be open to inspection of any citizen at all times. Said bonds shall be non-taxable, directly or indirectly, by the city of Macon, and the principal thereof as the same becomes due, as well as the coupons or interest warrants, after the same becomes due, shall be receivable by the city of Macon in payment of any and all dues to said city. Issue of bonds authorized. Amount, denomination, rate of interest and maturity. Execution. Record. Non-taxable and receivable for dues to city. SEC. II. Be it further enacted by the authority aforesaid, That there shall be a commission to be known as the Bond and Sewerage Commission of the city of Macon, composed of seven members. Three of these shall be members of the mayor and council of the city of Macon, and shall consist of the mayor, the chairman of the finance committee and the chairman of the street committee for the time being. The other four members shall be selected respectively from the

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citizens of the four wards of the city of Macon, one from each ward, and shall consist of the following, to wit: From the first ward Henry G. Cutter, from the second ward John D. Hudgins, from the third ward J. S. Baxter, from the fourth ward S. S. Dunlap. In case of the death, resignation, failure or refusal to serve from any cause of any of the members selected from the four wards, then the remaining members of the commission, together with the aldermen of the city of Macon, shall proceed in joint ballot to fill such vacancy by the election of a citizen of the ward which is entitled to representation in said commission: The four commissioners selected from the wards of the city shall not be members of the mayor and council of the city of Macon, and the election of any of the four commissioners aforesaid to the position of alderman or mayor of the city, shall ipso facto create a vacancy, which shall be filled as aforesaid. The mayor shall be ex officio chairman of the commission. The commission hereby created, with the ex officio members and their successors, shall continue in office until all the bonds authorized under this Act, and all the proceeds thereof, shall have been expended in accordance with the terms of this Act. The commission shall do not act while there exists a vacancy in the same. When there is no vacancy on the commission, five members shall constitute a quorum to transact business. Bond and Sewerage Commission. Term of office. Quorum. SEC. III. Be it further enacted by the authority aforesaid, That so soon as the bonds authorized to be issued under this Act shall be signed by the mayor and treasurer of the city of Macon, and the corporate seal annexed thereto and the coupons signed as required, they shall be delivered to the treasurer of said city, to be sold by said commission as the work hereinafter authorized to be done progresses in the following manner: Said commission shall advertise said bonds for sale to the highest bidder, for thirty days in the daily newspapers of the city of Macon, and in such other newspapers as they may deem best, requesting bids for said bonds, and at the end of the said thirty days, the bonds shall be sold to the highest and best bidder; provided , that in no event shall the said bonds nor any of them be sold for less than par; and provided further , that before advertising the said bonds for sale as aforesaid, the commission shall first offer them to the present commissioners of the bonded debt of the city of Macon, and if said commissioners of the bonded debt of the city of Macon will purchase said bonds at par, they shall be allowed to do so, and the funds received therefor in either event shall be deposited with the treasurer of the city of Macon, who shall deliver the bonds on

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the order of the commission as the same are paid for by the purchasers. Said treasurer, in order to protect these funds, shall, in addition to the bond at present required of him, give bond in the sum of fifty thousand dollars, conditional on the faithful performance of his duties under this Act, and the accounting for all moneys coming into his hands under the terms of this Act, and the turning over to his successor in office such of said bonds or the proceeds thereof, as have not been used for the purposes of this Act. This bond shall be approved by the mayor and council, and if signed by a guarantee company, the fee therefor shall be paid by the mayor and council out of the funds of the city. The funds arising from the sale of the bonds aforesaid, shall be kept separate from all other moneys of the city, and shall be used and applied for no other purpose than that provided for in this Act. The mayor and council shall have no authority to borrow or use the same in any way, but said fund shall be subject alone to the control of the commission herein created, to be used solely and exclusively for the draining and sewering of the city as hereinafter provided. Any violation of this section with reference to the exclusive use of said funds, shall subject the treasurer to a suit upon his bond and to a recovery thereon in accordance with this Act. These bonds shall not be given in exchange or payment for any work done under the provisions of this Act, but in all cases bona fide sales of the bonds shall be made. Disposition of the bonds. Additional bond of city treasurer. How the fund from sale of bonds shall be kept and used. Penalty for violation of this Act. Bona fide sales of the bonds must be made. SEC. IV. Be it further enacted by the authority aforesaid, That it shall be the duty of the commission herein created within three months from the date of the ratification of this Act, as provided for in the seventh section hereof, to mature and adopt a permanent plan for sewering and draining the city of Macon. To assist them in their investigations, and in carrying out said plan of sewerage and drainage, the said commission shall be authorized and required to employ a competent engineer or engineers and other necessary experts, at a reasonable compensation, to be fixed by them, to be paid out of the money arising from the sale of the bonds aforesaid. The plan of sewerage adopted by the commission shall be matured after due advertisement and investigation. It shall specify how much money is necessary for a complete system of sewerage, both for sanitary and drainage purposes for the entire city of Macon. The commission shall also include in their investigations and plan the necessary outlets for drainage and sanitary purposes, through the city reserve to the river or other proper outlets. In the adoption of this plan the commission

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shall not be limited to the two hundred thousand dollars authorized herein, but shall devote such portions of the money to such parts of said permanent plan as they may regard most important and most worthy of immediate execution. All the moneys arising from the sale of the bonds herein authorized to be issued shall be expended by the commission exclusively for sewering and draining the city of Macon and the city reserve. No portion of said money shal be expended for any labor already done or materials used for that purpose by the mayor and council; and no portion thereof shall be expended for any work done by the regular street force of the city of Macon. All the work of sewering and draining the city and the reserve shall be done by contract, let by the commission to the lowest and best bidder therefor after due advertisement. That in advertising for bids on work to be done in sewering the city or draining the reserve, or for material to be used in the same, the following shall be the rule adopted by the commission herein created: All advertisements for this work or material shall be made for thirty days in each of the daily papers of the city of Macon. When bids are sent in they must be carefully sealed by the bidder and addressed to the chairman of the commission. These bids shall be opened by the chairman at a regular meeting of the commission, and in the presence of all members of said commission who may be in attendance at that meeting. If any misunderstanding or dispute shall arise in regard to the exact nature or character of any bid submitted, then it shall be the duty of the commission to invite all the bidders to come before them and explain their bids, so that no advantage can be taken of the bidder or the commission. It shall be the duty of the commission to preserve all bids submitted to them, whether the same be accepted or rejected; and all contracts made by the commission shall be made in writing and in duplicate, so that the commission and the contractor shall each have a copy; and it shall be the duty of the commission to carefully preserve all these contracts, so that they may, at all times, be seen or examined by any tax-payer of the city of Macon. Every expenditure of money for the purpose herein set forth shall be first approved by the commission, and also approved by the mayor and council, and then paid by the treasurer of the city of Macon out of the funds in his hands for that purpose. The commission shall make quarterly reports to the mayor and council of the city of Macon of all their actings and doings under this Act, with an itemized statement of all moneys expended thereunder,

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which report shall be published by the mayor and council in the journal in which the proceedings of that body regularly appear. Duties and powers of commission, etc. Bids on work. Contracts, how made and preserved. How expenditures must be approved and paid. Quarterly reports of commission. SEC. V. Be it further enacted by the authority aforesaid, That the said bonds as they fall due and the interest, coupons or warrants upon the same shall be paid by the treasurer of the city of Macon on presentation at his office out of that portion of the amount annually collected by the mayor and council of the city of Macon from the taxes which, under the Act approved the 20th day of December, 1886, the said mayor and council are authorized and required to expend upon the streets and public property of said city; and the fourth section of the said Act of December 20, 1886, which requires the expenditure of the balance left over each year from the proceeds of the three-fourths of one per cent. taxes after paying the fifty thousand dollars to the bond commissioners, to be applied by the mayor and council exclusively to keeping the streets and public property of the city in good condition, and to no other purpose, is hereby amended in accordance with the requirements of this Act, so as to authorize and require the application of a sufficient amount of said balance, arising annually, to the payment of the principal and interest of the bonds herein authorized to be issued. And the mayor and council of the city of Macon are hereby required and empowered to continue the levy of a sufficient amount of said taxes annually to pay the principal and interest of the bonds herein authorized, for and during the time said bonds are authorized to be issued, and until said bonds are paid off in full, both as to principal and interest. Should the amount arising in any one year from said balance over be found insufficient to meet the principal and interest of the bonds falling due that year, the said mayor and council shall be authorized to increase the tax which they are empowered to levy for the next year, so as to make up for the deficiency, but to this extent only. Payment of bonds and coupons. Fourth section of Act of Dec. 20, 1886, amended to conform to this Act. Levy of taxes to pay bonds. SEC. VI. Be it further enacted by the authority aforesaid, That this Act shall be printed in full upon the back of each bond herein authorized to be issued. This Act to be printed on each bond. SEC. VII. Be it further enacted by the authority aforesaid, That before the bonds herein provided for shall be issued, the assent of two-thirds of the qualified voters of the city of Macon shall be obtained at an election to be held in the manner now provided by law. The mayor and council shall, within sixty days after the passage of this Act, fix the time for said election, which shall occur within four months after the date of the passage of this Act. There shall be a registration

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of the qualified voters of the city had before said election, under the same rules and restrictions applicable to the registration of voters for the biennial elections, except that the books of registration shall remain open only for the thirty (30) days next preceding the day before said election is held. No one shall be suffered to vote at the election unless registered as aforesaid. Election as to issue of bonds. Notice. Registration. SEC. VIII. Be it further enacted by the authority aforesaid, That no member of the commission shall ever be interested in furnishing material for the construction of the work, and shall never derive any pecuniary benefit therefor, except in common with the citizens at large. Nor shall any person be eligible to a seat in this commission who is interested directly or indirectly in any rock or granite quarry, any brick yard, lime kiln or cement works from which supplies are furnished the city of Macon or the commission created by this Act. Nor shall any person be a member of this commission who is interested directly or indirectly in any business house or firm which furnishes any sort of supplies to the city of Macon or the commission. Nor shall any person be eligible to membership in this commission who is directly or indirectly interested in any contract made with the sewerage commission or with the mayor and council. Commissioner not to be interested in furnishing material for work, etc. Nor in any quarry, brick yard, etc. Nor in furnishing any supplies to the city or commission. Nor in any contract with the city or commission. SEC. IX. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 27, 1890. EXTENDING LIMITS OF MACON. No. 235. An Act to extend the limits of the city of Macon so as to include within such city limits the property in the Vineville district of Bibb county which now belongs to the Ocmulgee Land Improvement Company, and the small neck or parcel of land owned by J. W. Cabaniss, R. L. Henry and V. Kahn, so as to square on the line of the new road leading from the city of Macon towards Holton and the city hospital property. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That the limits of the city of Macon be extended so as to include within such city limits only the property in the Vineville district of Bibb county, which

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now belongs to the Ocmulgee Land Improvement Company, and the small neck or parcel of land now owned by J. W. Cabaniss, R. L. Henry and V. Kahn, and no other land, and thence along the line of the Ocmulgee Land and Improvement Company's land, between the lands formerly owned by N. C. Monroe, to the new street known as the Boulevard or the new road leading towards Boundry street, including the city hospital property; the line of the property so to be incorporated to be definitely fixed and determined by the mayor, the committee on public property and the engineer of the city of Macon, together with an engineer to be selected by the said Ocmulgee Land Improvement Company, who shall make an accurate map thereof, in duplicate, and file the same in the office of the city clerk of Macon and of the clerk of the Supreme Court of Bibb county, which map, when so filed shall be evidence of the line of said extended city limits. Extension authorized. Map of extension. SEC. II. Be it further enacted, That on the property of the said Ocmulgee Land Improvement Company and the other parties named, thus incorporated, there shall be laid out in park or parks fifty acres of said land, the same to be granted to the said city of Macon for that purpose by the said Ocmulgee Land Improvement Company, and there shall also be laid out thereon two lots of one acre each for sites for school houses; the location of said park or parks and school houses to be agreed upon by said company and the mayor and council of the city of Macon. Use of part of property added. SEC. III. Be it further enacted, That in consideration of the consent of said Ocmulgee Land Improvement Company and the other parties named to the incorporation of said lands, and for the donations herein made to the city of Macon, it is agreed on behalf of the mayor and council of the city of Macon, and is made part of this Act, that no license for the sale of spirituous or malt liquors shall ever be granted by the mayor and council to any person within the territory incorporated under the terms of this Act, and that the rate of taxation imposed by the city of Macon through its assessors upon the property incorporated under this Act shall not exceed one-half of one per cent. per annum for ten years, and that all such taxes shall, for the next ten years, be spent by the mayor and council for laying out and improving streets and in the construction of sewers under the direction of the mayor, the committee on streets, the city engineer and a committee from the Ocmulgee Land Improvement Company within the territory incorporated under the terms of this Act. The committee from the Ocmulgee Land Improvement Company shall at all times exercise

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equal rights and powers with the mayor and council in directing the expenditures of the one-half of one per cent. taxation for the term of ten years; and that the mayor and council of the city of Macon shall proceed at once, after the passage of this Act, to lay out and put in good condition the streets to the land of said company; provided , the city of Macon shall not incur any liability or expense in opening this street other than the regular, ordinary working of the same, and that the said Ocmulgee Land Improvement Company shall, for the space of ten years, have the exclusive privilege of giving consent to the erection of street railroads or of electric railways, water and gas-pipes upon the streets that may be laid out through the land of the company incorporated under the terms of this Act, and that the mayor and council shall in no case exercise this right. No liquors to be sold in new territory. Rate of taxation therein. Use of taxes levied therein, etc. Street to be laid out and put in good condition. Proviso. Street railroads and water and gas pipes. SEC. IV. Be it further enacted by the authority aforesaid, That in the event said city of Macon should at any time become liable to any person or person for any tort or injury caused by defective streets, sewers or other causes arising during the next ten years from the date of this Act in which the city would be liable for damages, and judgment shall be rendered against said city of Macon for such damages, the same shall be paid by the Ocmulgee Land Improvement Company; and said city of Macon shall have the right to bring suit against said Ocmulgee Land Improvement Company and recover the amount of such judgment; provided , said city of Macon, when sued, shall serve said Ocmulgee Land Improvement Company with written notice to appear and defend such suit or suits. Liability of city for defective streets, etc in new territory, during next ten years, to be paid by whom. SEC. V. Be it further enacted, That the city of Macon shall not be required or expected to furnish police or water protection for this newly incorporated territory until after the expiration of ten years; but at the expiration of ten years, then the city shall assume the same authority and control over this newly incorporated territory that the city now has over all other city property; provided, however , that it shall be the duty of the mayor and council of the city of Macon to appoint as many prudent and discreet policemen as may be desired or requested by the said Land Improvement Company, and these policemen shall be paid by the said Improvement Company during the first ten years. City not required to furnish police or water protection until after ten years. But shall then assume full control. Policemen to be appointed by city and paid by Ocmulgee Land Improvement Company. 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.

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AUTHORIZING ISSUE OF BONDS FOR WATER-WORKS FOR MACON, ETC. No. 522. An Act to amend the charter of the city of Macon and the several Acts amendatory thereof, so as to authorize the Mayor and Council of the city of Macon to construct a system of water-works in said city at a cost not to exceed the sum of $412,000.00; to issue bonds to the amount of $350,000 for the purpose of constructing said system of water-works for said city and to provide for the construction of a portion of said system of water-works from the revenues derived from the sale of water therefrom, and to authorize the said Mayor and Council to make a contract with the Macon Gas-Light and Water Company for the furnishing of water to said city with the privilege of purchasing the water-works used by said Gas-Light and Water Company in supplying said city; to provide a commission for the negotiation and sale of said bonds and for the construction and management and control of said water-works; to grant certain powers and rights to said commission; to repeal that portion of the Act approved December 20th, 1886, which requires the Mayor and Council of the city of Macon to expend upon the streets and public property of said city the difference between $50,000.00 paid to the bond commission and three-fifths of the ad valorem taxes collected by said Mayor and Council; to provide for an election for the purpose of procuring the assent of two-thirds of the qualified voters of the city of Macon to the issuing of said bonds; to prescribe a method of registration for said election and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That the mayor and council of the city of Macon are hereby authorized to construct a system of water-works in and for said city at a cost not to exceed the sum of $412,000.00, and to issue bonds for purposes hereinafter specified to the amount of $350,000. Authority given to construct system of water works. Cost. Amount of bonds to be issued. SEC. II. Be it further enacted, That said bonds shall be of denomination not less than $500, as the water commission hereinafter created may determine. They shall bear interest at the rate of five per cent. per annum, payable quarterly, with

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interest coupons or warrants, and shall fall due as follows: The sum of $11,500 of said amount shall be due each year for twenty-nine years from the date of their issue, including the first year; and the sum of $16,500 shall be due thirty years from the date of their issue. The said bonds shall be attested by the official signatures of the mayor and treasurer of the city of Macon. The coupons or interest warrants shall be signed by the treasurer of the city of Macon, and each coupon shall indicate the bond to which it belongs. The treasurer of the city of Macon shall keep a record of the number and denominations of all bonds issued, and shall file a copy of the same with the said commission. Denomination, rate of interest and maturity of bonds. Attestation of bonds. Coupons. Record. SEC. III. Be it further enacted, That the name of said commission shall be, The Water Commission of the City of Macon, and by that name it shall be authorized to contract and be contracted with, to sue and be sued, and all property of whatever kind purchased by the said commission shall be held for the use of the mayor and council of the city of Macon, and the title to all property acquired by said commission shall be made out for the use of the mayor and council of the city of Macon, and any judgment or decree rendered against said water commission shall be held and executed as a judgment against the mayor and council of the city of Macon. Water Commission. Powers of. Property purchased by, etc. Judgments, against. SEC. IV. Be it further enacted, That the bonds herein authorized to be issued shall be sold as hereinafter provided and the proceeds of the sales shall be used exclusively for the construction of a complete and adequate system of water-works for the city of Macon. After the expenditure of the proceeds of said bonds upon the construction of the said system of water-works, the net revenue arising from the bonds of said water-works shall be devoted exclusively to the construction of said system of water-works until the amount of $62,000, in addition to the proceeds of the $350,000 worth of bonds, shall have been expended for that purpose; provided, however , that nothing in this Act contained shall authorize said commission to charge the mayor and council for any water used by them for fire purposes and for use in the various buildings belonging to the said mayor and council, for the sprinkling of the streets of said city, flushing its sewers and for sundry purposes which may be directed by said mayor and council with the municipal authority thereof, and all said water shall be furnished by said water commission as directed so to do by the said mayor and council without any charge whatever. Sale of bonds and use of proceeds. Certain amount of net revenue from bonds of the water works to be also used for construction of the system. Water used by city for fire, street and sewer purposes, etc., not to be charged for. SEC. V. Be it further enacted, That the said mayor and council of the city of Macon shall each year levy and collect

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upon the taxable property of the city of Macon a sufficient amount to pay the interest of said bonds and the amount of principal which shall fall due each year as specified above, but nothing in this Act contained shall authorize the levy or collection of any tax over and above the rate of one and one-fourth per cent. per annum upon taxable value of the property in said city as now prescribed by law, but after $50,000.00 of the amount so collected has been paid to the bond commission of the city of Macon, as now required by law, the amount of the principal and the interest of the bonds herein authorized to be issued shall be paid by the treasurer of the city out of the taxes so collected as hereinbefore specified. Any violation, on the part of the treasurer, of this law shall constitute ground for his removal from office by the mayor and council, and render him and the sureties upon his bond liable in damages to the holder of any bond or bonds in double the amount thereof. Tax to pay bonds. Not above rate of one and one-fourth per cent. per annum, as now prescribed. Violation by city treasurer cause for removal. SEC. VI. Be it further enacted, That the principal of said bonds and the coupons or interest warrants of the same shall be receivable by the mayor and council of the city of Macon for taxes or other obligations due to the city of Macon, and said bonds shall not be taxable directly or indirectly by the mayor and council of the city of Macon. Bonds and coupons receivable for indebtedness to city. Bonds not taxable. SEC. VII. Be it further enacted, That the bonds herein provided for shall be sold by the said commission in such amounts as they may deem proper; provided , that no bonds shall be sold for less than par. The bonds herein provided for shall be sold by said commission as the work of constructing said system of water-works progresses and shall only be sold in the following manner: When any bonds are to be sold, said commission shall first notify the present bond commission of the city of Macon, and shall sell to them such amount of the bonds as they desire to purchase at par. After this amount has been taken by the said bond commission the remainder of the bonds shall be disposed of in the following manner: Said commission shall advertise for bids stating the amount of bonds to be sold, and the time at which said bids shall be opened in the newspapers published in the city of Macon, and such other papers as they may deem proper for the space of thirty days. At the time of opening said bids, the bids shall be sold to the highest and best bidder therefor for par or more, and the proceeds of said bonds shall be immediately deposited with the treasurer of the city of Macon, and shall be paid out by him under the direction of the said commission. No amount of

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money thus deposited with the treasurer shall remain in his hand for a longer period than ninety days, and over ninety days he shall publish in the newspaper or papers of the city of Macon, in which the proceedings of the mayor and council are published, the amount of money in his hands unexpended to the credit of said water commission, and also the amount which during the ninety days he has paid out. For the better carrying out of this provision and for the performance of all the duties thereby resting upon the treasurer of the city of Macon, he shall give a bond in the sum of $50,000.00, payable to the mayor and council of the city of Macon, for the faithful performance of said duties, and said bond shall be signed as surety by some good and solvent guarantee company or companies to be approved by said mayor and council, and the amount charged by said guarantee company or companies for becoming surety upon said bond shall be paid by the said mayor and council for the services by this company required to be performed by the treasurer of the mayor and council of the city of Macon. He shall, in addition to the salary paid him by said mayor and council, be paid the sum of $25.00 per month by said water commission. No bond herein authorized to be issued shall be pledged as collateral by the said water commission of the said mayor and council for any loan whatever, nor shall any of said bonds be given in exchange for any property bought or work done by the said commission, but all bonds shall be disposed of in the manner hereinbefore set out and in no other manner. Sale of bonds to be by the commission and for not less than par. To be sold as the work progresses. Regulation as to sale and paying out of proceeds. City treasurer to give bond. Additional salary of treasurer. Bonds only to be disposed of as hereinbefore set out. SEC. VIII. Be it further enacted, That the said water commission of the city of Macon shall be composed as follows: For the first five years there shall be three and after that four citizens, tax-payers of said city, who hold no municipal office other than that of being a member of the present bond commission of the city of Macon; the member of the Board of Aldermen of the city of Macon, who shall be chairman of the finance committee of the mayor and council, and the mayor of said city of Macon. The aldermen and the mayor shall be ex officio members of said commission, and shall continue on the same only while holding the respective positions of chairman of the finance committee of the mayor and council, and mayor of said city. The mayor shall be ex officio chairman of said water committee. The citizen commissioners thereof shall be elected by the mayor and council of the city of Macon, in accordance with the laws governing the election of the treasurer of the city of Macon. Their term of office shall be for the

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space of five years, and they shall be ineligible to a re-election for the term succeeding that in which they have served; provided, nevertheless , that the citizen commissioners who shall first serve upon said commission shall be as follows: S. R. Jaques is hereby declared a commissioner, who shall serve for the space of three years from the date of the ratification of this Act, by the voters of the city of Macon as hereinafter provided for, and at the expiration of that time his successor shall be elected for a term of five years, and shall be a resident of the first ward. J. F. Hanson is hereby declared a commissioner, who shall serve for the space of four years from the date of the ratification of this Act as aforesaid, and at the expiration of four years from that time his successor shall be elected for the space of five years, and shall be a resident of the second ward. J. W. Cabiness is elected commissioner, who shall serve for the space of five years from the time of the ratification of this Act, and at the expiration of that time his successor shall be elected for the space of five years, and shall be a resident of the third ward. And at that time there shall be elected another citizen commissioner who shall be a resident of the fourth ward. So that after that time there shall be four citizen commissioners, one from each ward of said city. In case of a vacancy among the three citizen commissioners, or a refusal of any of the three herein named to serve, his successor shall be elected by the mayor and council for the remaining portion of the term to which he was either elected by said mayor and council, or appointed by this Act. No business shall be transacted by said commission while a vacancy exists therein; but four members of said commission shall constitute a quorum for the transaction of all business when there are no vacancies upon said board. How water commission shall be composed. Vacancies. Quorum. SEC. IX. Be it further enacted, That said commissioner shall not directly or indirectly purchase or rent from any member thereof any property, real or personal, to be used in the construction of said system of water-works, nor shall it make any contract in which any member of said commission has any interest directly or indirectly. All material furnished and all work done must be done by contract, and each contract shall be given to the lowest and best bidder, after the advertisement for thirty days in the paper in which the proceedings of the mayor and council are published, and such other papers as said commission may direct. Regular quarterly reports must be made by the water commission to the mayor and council showing all their actions and doings and the same be published for

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the information of the tax-payers of the city. All bills and accounts made and contracted for by the commission shall be approved in open council by the mayor and council, and no bills shall be paid by the treasurer until it has been approved by both the water commission and the mayor and council, and another set of books shall be kept by said water commission showing the transaction, which set of books shall be separate and distinct from any set of books kept by the mayor and council or the officers thereof. Commission may not purchase or rent from a commissioner. Nor make contract in which commissioner is interested. Contracts for material, etc. Reports. Approval and payment of bills and accounts. Books to be kept by commission. SEC. X. Be it further enacted, That the water commission shall have full power and authority to negotiate and sell the said bonds as aforesaid; to make all purchases necessary for the construction of said system of water-works, including the whole or any part of the system of water-works already constructed, and to manage and control the said water-works after they are constructed; to fix the rates which are to be paid by the water consumers; to elect and provide compensation for and to pay such officers and employees as they may see proper, and to collect all water rents and sell water and to collect therefor, and to prescribe the rules and regulations for their own government not inconsistent with the terms of this Act and for the management of said water-works, and governing the sale and rent of water therefrom. Out of the sales and water rents to be collected by said commission the employees thereof shall be paid; and such repairs and improvements upon the system of water-works as may be necessary shall be paid for, and the remainder of the funds so received shall be paid to the treasurer of the city of Macon monthly; provided, however , that nothing herein contained shall authorize the said commissioners to pay themselves, directly or indirectly, any compensation further than the sum of $250.00 per annum each to the three citizen commissioners who are bound by this Act or by the mayor and council. Any revenues herein contracted to be paid to the treasurer shall be held by him subject to the order of said water commission until the sum of $62,000.00 shall have been expended by said water commission in the completion of said system of water-works. After that all said net revenues are to remain in the hands of the said treasurer subject to the order of the said mayor and council as other funds in his hands. Further powers of commission, etc. Compensation of commissioners. Disposition of revenues. SEC. XI. Be it further enacted, That the said water commission shall have full power and authority to purchase and hold, as hereinbefore provided, all real estate necessary for the construction and operation of the said system of water-works,

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both in and out of the city of Macon. And they shall have authority to condemn property for this purpose, both in and out of the city of Macon; provided, however , that no private property shall be thus taken without compensation being first paid, the methods and procedure for the condemnation of property being the same as provided for in section 1689(1) of the Code of Georgia; provided , that the said water commission or the said mayor and council of the city of Macon shall not in any way take or condemn any of the property of the Macon Gas-Light and Water Company, except as hereinafter provided in section 14 of this Act. Purchase, etc., of real estate. Condemnation of. SEC. XII. Be it further enacted, That that portion of the Act of the General Assembly, approved December 20th, 1886, which required the difference between the fifty thousand dollars ($50.000.00) paid to the bond commission and three-fifths of the ad valorem tax collected by the mayor and council to be expended upon the streets and public property of said city, be, and is, hereby repealed, as being in conflict with the terms and provisions of this Act. Portion of Act of Dec. 20, 1886, repealed. SEC. XIII. Be it further enacted, That there shall be an election in the city of Macon at such time as may be fixed by the mayor and council thereof, for the purpose of obtaining the consent of two-thirds of the qualified voters of said city to the issuance of these bonds, and the incurring of the debt herein provided for by the said city. The said election shall be held at the same place and in the same manner as the election for mayor is held in said city. There shall be a registration to be opened by the clerk of the mayor and council thirty-five days before the date of said election, and said registration docket shall close five days before the date of said election. All persons authorized to vote for mayor at the time of such registration shall be entitled to register. Those voting to give their assent to this Act shall vote ballots with for the bonds thereon, and those voting against giving their assent to this Act shall vote ballots having the words against the bonds thereon. Should two-thirds of those who have registered vote for the bonds, then the bonds herein provided for shall be issued, but should less than two-thirds vote for the bonds, then the bonds shall not be issued; but should the result of said election be against the issuing of said bonds, that portion of this Act which authorizes the making of a contract between the mayor and council of the city of Macon and the Macon Gas-Light and Water Company shall be valid and operative; provided , that the city of Macon or its authorities shall not put in

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operation water-works until the present contract with the Macon Gas-Light and Water-works Company shall have expired, but this amendment shall not be construed by any court as prohibiting the city of Macon under this Act from laying, constructing and completing a perfect system of gas and water-works for said city. Election as to issuing the bonds. Place and manner of. Registration for. Ballots. Majority necessary. Effect if result against bonds. Water-works not to be put in operation until present contract expires. This Act not to prohibit city from constructing system of gas and water-works. SEC. XIV. Be it further enacted, That at any time after the passage of this Act, and before the election herein provided for shall be held, the mayor and council of the city of Macon shall have authority to make and enter into a contract with the Macon Gas-Light and Water Company, for supplying the city with water for a period not to exceed twenty (20) years; provided , that the water so supplied shall be paid for as it is received, so as not to incur any indebtedness by the city of Macon, other than that which might arise from a failure on the part of the said mayor and council to comply with their contract. There shall be embodied in said contract the privilege to the mayor and council to purchase the system of water-works used in supplying the city, at any time during the period for which said contract is made, at a price to be agreed upon at the time of sale between the parties to said contract. On failure of said parties to agree, the price to be fixed by disinterested arbitrators, two to be selected by each party and three to be chosen by those so selected, and the decision of said arbitrators as to the price to be paid shall be final. The contract shall further provide, that before said purchase shall be made the said mayor and council shall give notice in writing to the said water company one year in advance of its intention to purchase said water-works; and before said purchase shall be made the assent of two-thirds of the qualified voters of the city of Macon shall be obtained in the manner now or which may hereafter be provided by law, to the incurring of the indebtedness for the purchase of said water-works. When such contract is made, the mayor and council are authorized to require and stipulate therein that the water to be supplied to the citizens of Macon shall be, in case it is taken from the Ocmulgee river, thoroughly filtered; and there shall be embodied in said contract a scale rate, showing the price to be paid by private consumers of water; and the mayor and council shall require bond with good security, in the sum of one hundred thousand dollars, for the faithful carrying out of said contract by the Macon Gas-Light and Water Company; provided , that while said contract shall be made by the said mayor and council of the city of Macon with said Gas-Light and Water Company, in the event that the provisions in this Act

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to issue bonds for the erection of a system of water-works by a commission, as herein provided for, shall receive the assent of two-thirds of the qualified voters of the city of Macon, as provided for in section 13 of this Act, then said contract shall no longer be of force and effect, but shall discontinue and be inoperative as though never made. If the provisions of said Act, as to the issue of bonds, shall not be ratified by the said votes as required, then said contract shall still remain and continue in full force and effect; and provided further , that if said contract is not made between said mayor and council of the city of Macon, and the Macon Gas-Light and Water Company, as herein provided, before said election is held, and if at such election the provisions in this Act to issue bonds for the erection of a system of water-works, as herein provided, shall fail to receive the assent of two-thirds of the qualified voters as herein provided, then said mayor and council of the city of Macon are hereby authorized to still make with the Macon Gas-Light and Water Company a contract for the period of twenty (20) years for supplying the city with water, and under the same terms, conditions and stipulations as hereinbefore in this section provided. Contract may be made with Macon Gas-Light and Water Co. for twenty years. Water supplied to be paid for as received, etc. Contract to be with privilege to purchase. If notice given one year in advance. Assent of people necessary. Contract to fix character of water and rates to be charged. Bond to be required. If issuing of bonds authorized, contract becomes inoperative etc. If contract not made and bonds not authorized by vote, contract may then be made, SEC. XV. Be it further enacted, That nothing in this Act contained shall authorize or empower the water commission herein created to condemn the property belonging to the Macon Gas-Light and Water Company, or any part thereof. Nothing in this Act contained shall authorize or permit the said water commission to damage the property of the Macon Gas-Light and Water Company without just and adequate compensation therefor, being first paid to the Macon Gas-Light and Water Company, such compensation to be determined by agreement between the said parties; or, on their failure to agree, by five arbitrators, two to be chosen by each party and the fifth to be selected by those so chosen; and either party shall have the right to appeal to the Superior Court from the decision of said arbitrators, in the manner now provided by law for an appeal from the decision of arbitrators in section 4243 of the Code of Georgia. Property of said company cannot be condemned. Property of said company cannot be damaged without compensation. How compensation shall be de termined, etc. 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 29, 1891.

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INCORPORATING THE TOWN OF MOULTRIE. No. 200. An Act to incorporate the town of Moultrie, in the county of Colquitt, to define the limits and powers of the same. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That the town of Moultrie, in the county of Colquitt be, and the same is, hereby incorporated as a town, under the name of the town of Moultrie. Corporate name. SEC. II. Be it further enacted by the authority aforesaid, That the corporate limits of said town shall extend one-half mile north, south, east and west from the court-house in Moultrie, so that said town may be square from these given points. Limits. SEC. III. Be it further enacted by authority aforesaid, That on the third Wednesday in December, 1890 (eighteen hundred and ninety), and annually thereafter on the same day, an election shall be held in the council chamber in said town for a mayor and five councilmen, who shall hold their office for one year, and until their successors are elected and qualified. But no one shall vote for or be eligible to the office of mayor or councilmen of said town who does not reside within the corporate limits of the same, and who is not qualified to vote for members of the General Assembly of this State. Said election shall be held and conducted in the same manner as elections for county officers of this State, and certificates of the managers shall be sufficient authority to the persons elected to enter on the discharge of the duties of the office to which they have been elected. Said certificates shall be recorded by the clerk of said council on the minutes. Elections for mayor and councilmen, etc. SEC. IV. Be it further enacted by authority aforesaid, That before entering on the discharge of their duties, the mayor and elect councilmen shall subscribe the following oath, which may be administered by any person authorized by the laws of this State to administer oaths: I do solemnly swear that I will faithfully discharge the duties devolving on me as mayor or councilmen (as the case may be) of the town of Moultrie according to the best of my ability, so help me God. Official oath. SEC. V. Be it further enacted by the authority aforesaid, That said mayor and councilmen shall have power and authority to elect such marshals, clerks and other subordinate officers as they may deem necessary for carrying into effect the powers

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herein conferred upon them; to prescribe the fees and duties of all such officers, and require such bonds for the faithful performance of their duties as they may deem necessary and proper. Subordinate officers. SEC. VI. Be it further enacted by the authority aforesaid, That the mayor shall be ex officio a Justice of the Peace, and shall have full authority to issue warrants for any offence committed within the corporate limits of said town, and shall have power to compel the attendance of witnesses, to examine them under oath, to admit any offender to bail or commit him to jail for violation of the laws of the State, and admit to bail or commit to the guard house for violations of the ordinances of said town. Mayor ex officio justice of the peace. SEC. VII. Be it further enacted by authority aforesaid, That said mayor and councilmen shall have power and authority to pass all ordinances and by-laws that they may deem necessary for the government of said town; provided , that they be not repugnant to the Constitution and laws of this State or of the United States. Ordinances and by-laws. SEC. VIII. Be it further enacted by authority aforesaid, That said mayor and councilmen shall have power to levy and collect a tax of not exceeding one-half of one per cent. upon all property, both real and personal, within the corporate limits of said town. They shall also have power to require all persons within said corporate limits, who are subject to road duty under the laws of this State, to work on the streets of said town, or they may prescribe a commutation tax which may be paid in lien of work on streets. Said mayor and councilmen shall have power to lay off, alter and establish streets, to remove obstructions therefrom, and to abate nuisances. Ad valorem tax. Street working. Streets, obstructions and nuisances. SEC. IX. Be it further enacted by authority aforesaid, That the mayor of said town, and in his absence the mayor pro tem. , who shall be elected by the councilmen from their own number, shall be the chief executive officer of said town he shall see that all ordinances, by-laws, rules and orders of the council are faithfully executed; he shall have control of the police of said town, and may appoint special police whenever he may deem it necessary, and it shall be his duty especially to see that the peace and good order of the town is preserved; that persons and property are protected, and to this end, he may cause the arrest and detention of all riotous and disorderly persons in said town; he shall have power to issue executions for all fines, penalties and costs imposed by him, or he may require the immediate payment thereof, and in default of immediate

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payment, he may imprison the offender in the guard house of said town, not to exceed twenty days. The collection of taxes within said town may be enforced by execution signed by the clerk and attested by the mayor, and may be levied by the marshal of said town, who shall advertise and sell the property, if personal property, under the same rules that govern constables' sales, and, if real estate, under the same rules that now govern sheriffs' sales. Powers and duties of mayor. Collection of taxes. SEC. X. Be it further enacted by authority aforesaid, That if at any time the office of mayor or councilmen shall become vacant by death, resignation or otherwise, the members of the council shall order an election to fill such vacancy to be held within thirty days thereafter. Vacancies. SEC. XI. Be it further enacted by authority aforesaid, That all laws and parts of laws in conflict be, and the same are, hereby repealed. Approved December 27, 1890. AMENDING CHARTER OF MOULTRIE. No. 393. An Act to amend an Act entitled an Act to incorporate the town of Moultrie, in the county of Colquitt, to define the limits and the power of the same, approved December 27, 1890. SECTION I. The General Assembly do enact, That section 3 of an Act to incorporate the town of Moultrie, in the county of Colquitt, to define the limits and the power of the same, approved December 27, 1890, be, and the same is, hereby repealed, and in lieu thereof the following shall compose section 3 of said Act: Section 3. Be it further enacted by the authority aforesaid, That on the first Monday in October, 1891, and annually thereafter on the same day, an election shall be held in the council chambers in the said town for mayor and five councilmen, who shall hold their office for one year or till their successors are elected and qualified. But no one shall vote for or be eligible to the office of mayor or alderman who does not reside in the said town, and who is not qualified to vote for members of the General Assembly of this State. Said election shall be held and conducted in the same manner as elections for

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county officers, and certificate of the managers of such an election shall be sufficient authority to the person elected to enter on the discharge of the duties of the office to which they are elected. Said certificates of election shall be recorded by the Clerk of the Council on the books of the minutes. Section 3 of Act of Dec. 27, 1890, repealed. New section. Elections for mayor and councilmen. SEC. II. The General Assembly do further enact, That this Act shall be further amended by adding thereto another section to be known as section eleven (11), and section 11 of said Act shall thereupon be known as section 12 thereof. Said section 11 shall be known as follows, to-wit: Section 11. Be it further enacted by authority aforesaid, That the mayor and councilmen shall have power to issue liquor and specific licenses and to fix the amount of tax to be required therefor by the city of Moultrie, and to regulate the same. Additional section. Liquor and specific licenses, SEC. III. The General Assembly do further enact, That section 9 of said original Act be further amended by adding thereto the following proviso: Provided , the fines imposed for disorderly conduct shall not exceed fifty dollars for each offence, nor imprisonment in the guard house more than thirty days, nor work on the streets more than twenty days, but one or all of these punishments may be inflicted in the discretion of the mayor; if the mayor be absent or disqualified, by the mayor pro tem. , or any other member of said council selected to try such offender in the absence or disqualification of the mayor or mayor pro tem. Section 9 amended. Extent of penalties. If mayor absent or disqualified mayor pro tem. or councilman may hold court. 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 8, 1891. AMENDING CHARTER OF RICHLAND. No. 221. An Act to amend an Act entitled an Act to incorporate the town of Richland, in the county of Stewart; to define the corporate limits of said town; to provide for the election of a mayor and aldermen for the government thereof, and for other purposes, approved September 28, 1889. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the same, That the Act entitled an Act to incorporate the town of Richland

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in the county of Stewart; to define the limits thereof; to provide for the election of a mayor and aldermen for the government thereof, and for other purposes, is hereby amended as follows: Strike out section 3 of said Act and insert the following: Sec. 3. That the corporate limits of said town shall extend one thousand three hundred and twenty yards from the centre point, where the Savannah, Americus and Montgomery Railroad and the Columbus Southern Railroad cross, in said town.' Also, amend the first sentence in section 9 by striking out one-fourth of one per cent. and inserting two per cent. so that the first sentence in said 9th section shall read as follows: Be it further enacted, That said mayor and council shall have power to levy a tax not exceeding two per cent. upon all property, real and personal, subject to State tax within the corporate limits of said town. Act of Sept. 28, 1889, amended. Corporate limits. Ad valorem tax. 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. WATER-WORKS FOR RICHLAND. No. 564. An Act to establish a system of water-works for the town of Richland, Georgia, to authorize the mayor and city council of said town to issue bonds for the same, and to levy and collect a tax, to pay all necessary expenses for the same, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act the mayor and council of the town of Richland shall be authorized to establish for said town a system of water-works. Authority to establish water-works. SEC. II. Be it further enacted, That said mayor and council are empowered to levy and collect an annual tax (in addition to that now allowed by law) sufficient to pay all the expenses of operating said water-works, and to pay the interest and principal on the bonds issued to erect and equip the same, as fast as the same becomes due, and to pay all other expenses necessary to a successful operation of the same. Tax to pay for bonds for water-works, etc.

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SEC. III. Be it further enacted, That said mayor and council may furnish water to private houses or individuals upon such terms and for such length of time as to them may seem reasonable and just; and the water rents arising there-from shall be applied by said authorities to paying the expenses of said water-works; that said mayor and council shall regulate this distribution and use of water in all places and for all purposes where the same may be required and shall erect such number of public hydrants and in such places as they may see fit, and direct for what purpose and in what manner they are to be used. How and to whom water may be furnished. Application of water rents Distribution and use of water. SEC. IV. Be it further enacted, That said mayor and council may pass any by-laws, rules and regulations for the protection and maintenance of said water-works, or anything connected therewith, that they may see fit. By-laws, rules, etc., as to water-works. SEC. V. Be it further enacted, That this Act shall not become operative until it is submitted to the qualified voters of said town, for which purpose the mayor and council thereof shall order an election, notice of which must be given by advertising thirty (30) days in the public gazette of said town, which election shall be held under the same rules and regulations as that for mayor and councilmen of said town, and the qualification of voters shall be the same. Those in favor of water-works and issuing bonds shall have written or printed on their tickets, for water-works and issuing bonds. and those opposed to the same shall have written or printed on their tickets against water-works and issuing bonds. The managers of said election shall make return thereof to the mayor and council of said town, who shall at the first opportunity open said return and declare the result thereof, and if two-thirds of the qualified voters vote in favor of the same the mayor and council shall declare the result and this Act shall immediately take effect; and should two-thirds of the qualified voters vote against the same, then the same may be submitted to another election, under the same rules and regulations as before, after twelve (12) months shall have passed between said elections; provided , as many as twenty (20) of the qualified voters of said town shall petition the mayor and council for the same. Approval by popular vote necessary to issue of bonds. New election. SEC. VI. Be it further enacted, That should the said election be in favor of water-works and bonds, the mayor and council of said town shall issue bonds, and they are hereby authorized to issue bonds of said town not to exceed ten thousand ($10,000) dollars, and of denominations not less than fifty nor more than one hundred dollars; said bonds to be signed by the mayor and recorder of said town, and to bear interest at the rate of not more than six per cent. per

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annum, and to be known as the Richland water-works bonds, payable annually at such time as said mayor and council may determine of fix, and as to the amount of each as they may determine, so that the last will become due at the expiration of thirty (30) years from their issue; provided , that the mayor and council are hereby empowered at and before the issuing of said bonds to provide for the assessment and collection of an annual tax sufficient in amount to pay the principal and interest of the said bonds as they become due; provided , that the tax for said purpose shall not exceed for any one year the sum of the principal and interest of said bonds falling due said year; said bonds shall be sold by said mayor and council for not less than par. Amount, denomination, etc. of bonds. Tax to pay. Sale for not less than par. SEC. VII. Be it further enacted, That the mayor and council of said town shall have full power to pass all ordinances, by-laws, rules and regulations that are necessary to a full carrying out of the intentions of this Act; provided , that this Act shall only be construed as granting the authority to the mayor and council to issue water-works bonds in so far as it relates to that matter, and the election on the question of the issuance of such bonds shall be held under the general statutes of this State regulating issuance of bonds by municipalities. Authority to pass all ordinances etc., necessary to carry out this Act. Election to be under general statutes. 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 6, 1891. SETTLEMENT OF BONDED DEBT OF ROME. No. 158. An Act to amend the charter of the city of Rome, to authorize and empower the mayor and council of the city of Rome to adjust and settle the present bonded debt of the city in so far as regards what is known as the Graded Bonds of said city, and to provide for the payment of the same. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That the mayor and council of the city of Rome shall, at any time after the passage of this Act, have power and authority to adjust and settle the present bonded

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debt known and designated as Graded Bonds, or any part thereof, on such terms as may be agreed upon by the parties; and to effectuate this object, said mayor and council shall have authority to issue other bonds, to be used only in settlement of those now outstanding. Adjustment and settlement of the graded bonds. authorized. For which purpose other bonds may be issued. SEC. II. Be it further enacted, That said mayor and council shall provide by taxation for the prompt, sure and speedy payment of said bonds, together with the interest, as soon as the same shall become due; and all moneys raised by virtue of the provisions of this Act shall be applied, first, to the payment of the interest due, and next, to the redemption of the bonds, and for no other purpose. Provision by taxation for payment of bonds, etc. SEC. III. Be it further enacted, That said bonds, when issued, shall not draw exceeding four and one-half (4) per centum per annum , payable at such times as may be agreed upon between the parties, and shall not mature later than thirty (30) years from the date of issuing same, but shall mature at such times as may be agreed upon by the parties. Rate of interest and maturity of bonds. SEC. IV. Be it further enacted, That the same law, passed and approved February the 28th, 1876, relative to the issuance, collection, sale, transfer and purchase of the present bonds, shall apply to and control the issuance, collection, sale, transfer, and purchase of the new bonds when substituted in their stead or placed in settlement of the same. Act of Feb. 28, 1876, made applicable to the new bonds. SEC. V. Be it further enacted, That all laws and parts of laws in conflict with this be, and the same are, hereby repealed. Approved December 26, 1890. CREATING OFFICE OF RECORDER FOR ROME. No. 159. An Act to amend the charter of the city of Rome so as to create the office of recorder; to provide for the election of a city recorder; to fix his compensation and bond; to define his powers, duties and liabilities. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act the city attorney for the city of Rome shall be ex officio recorder for said city of Rome, whose term of office shall begin and end with the beginning and ending of term of office of the city attorney of Rome; that said officer shall receive

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for his services, in addition to his compensation for services as city attorney, not less than three hundred dollars ($300.00), and shall be required to give a bond and good security, to be approved by the mayor and council, in the sum of one thousand dollars ($1,000.00), for the faithful performance of his duties as recorder. It shall be his duty to be present and preside at all police courts held for the trial of offenders against ordinances of the city of Rome. He shall have the same power and authority that the mayor now has to preserve order, fine for contempt of court, compel attendance of witnesses, issue warrants for the arrest of parties violating the ordinances of the city; hold courts of inquiry, and bind violators of the State laws over to the city and superior courts; try offenders for violating the laws and ordinances of the city of Rome, and impose fines and imprison in the calaboose and chain-gang, and shall have such other powers as the mayor now has for the purpose of governing and controlling said court and for the enforcement of the ordinances of said city. City attorney ex officio recorder. Terms. Compensation. Bond. Duty. Powers, etc. SEC. II. Be it further enacted, That all laws and parts of laws in conflict with this be, and the same is, hereby repealed. Approved December 26, 1890. CHANGING CORPORATE LIMITS OF ROME. No. 463. An Act to change the corporate limits of the city of Rome, Georgia, so as to include in said corporate limits lot No. Three, in the Hicks survey of Forrestville, Georgia. 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 corporate limits of the city of Rome, Georgia, be extended so as to include in said limits lot No. Three in the Hicks survey of Forrestville, in the county of Floyd and State of Georgia; said lot lying east of the city of Rome, Georgia, and described in a deed from Elizabeth Cole to the city of Rome as follows: Beginning at a point on Venerable street, and running in a northerly direction along said street two hundred yards and twelve feet, thence in an easterly direction two hundred and forty-five feet to the lands owned by Dowdle,

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thence in a southerly direction two hundred and seventy-five feet, to where Hanallous' land begins, thence in a westerly direction to the starting point, it being the site of the colored public school building, and the same is hereby declared to be within the corporate limits of the city of Rome, Georgia. Corporate limits extended. So as to include lot No. 3 of the Hicks survey of Forrestville. SEC. II. Be it further enacted, That all laws in conflict herewith are hereby repealed. Approved September 18, 1891. AMENDING CHARTER OF ROME AS TO CITY RECORDER. No. 569. An Act to amend the charter of the city of Rome, creating the office of City Recorder, and defining his powers and duties. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That the mayor and council of the city of Rome, at their first regular meeting after the passage of this Act, and notice thereof, shall elect a recorder for said city, who shall hold said office until the meeting of the new council on the first Monday in April, 1892, and until his successor is elected and qualified, and said officer shall be elected thereafter biennially, when other officers for the city are elected by the mayor and council. Recorder to be elected. Term, etc. SEC. II. Be it further enacted, That it shall be the duty of the recorder to preside at the municipal court known as the mayor's court, with as full power and authority to try and dispose of all cases within the jurisdiction of the mayor's court as the mayor now has under the provisions of the charter and ordinances of said city, and shall have all the powers and authority incident to or belonging to the office of Justice of the Peace, except for the trial of civil cases. Duty. Powers, etc. SEC. III. Be it further enacted, That the salary of the recorder shall be fixed at the sum of three hundred dollars per annum, together with such other sum as the mayor and council may allow, but in no case to exceed the sum of five hundred dollars per annum, to be paid quarterly out of the city treasury upon the warrant of the clerk of the council. He may be removed at any time by the mayor and council for incompetency or other sufficient cause, to be judged of by them. In case of death or removal from the city the

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mayor and council may elect a recorder to fill the unexpired term. Salary. Removal. Vacancy. SEC. IV. Be it further enacted, That when sitting as a court the recorder shall have full power and authority concurrent with and heretofore exercised by the mayor, the mayor pro tem . or three members of the council, to try all offenders against the ordinances of said city, and to impose such penalties for the violation thereof as are or may be prescribed by the ordinances of said city (in the absence of the recorder offenders to be tried as heretofore); and before entering upon the duties of his office the recorder shall take and subscribe an oath before the mayor or other person authorized to administer oaths, faithfully to perform and discharge the duties of said office, said oath to be recorded upon the minutes of the council. Power to try offenders, impose penalties, etc. Oath. SEC. V. Be it further enacted, That all laws heretofore enacted and conflicting with this Act be, and the same are, hereby repealed. Approved October 6, 1891. CREATING LEVEE COMMISSION FOR ROME, ETC. No. 625. An Act to amend the charter of the city of Rome, so as to create a levee commission and provide for building a levee in the lower part of said city. Whereas, Capt. R. L. Hoxie, of the United States corps of engineers, under authority of and by direction of, the United States Government, has on actual survey made a careful estimate of the cost of building a levee to protect the lower part of the city of Rome; and Preamble. Whereas, He reports to the chief of engineers at Washington, D. C., that said work can be done at a cost of $30,000; therefore, SECTION I. Be it enacted, That after the passage of this Act the mayor and council of the city of Rome shall elect three levee commissioners for said city. They shall hold said office, unless they resign the same, until a levee is built (and accepted by the mayor and council of the said city) around that portion of said city lying between the Etowah and Oostanaula rivers, which was touched or covered by the waters of said rivers by the April flood of 1886,

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or such portion thereof as said commissioners may, in their discretion, deem it practicable and advantageous to levee. They shall be and remain while in office residents of the territory described in the second section of this Act, and shall be paid out of the levee fund herein provided, $500 each for their entire service in building or superintending the construction of said levee, in installments as the work progresses, and as the mayor and council may direct. The mayor and council may fill any vacancy or vacancies that may occur in said commission by death, resignation, or otherwise, by electing a new commissioner or new commissioners as often as such vacancy or vacancies may occur. Within ninety days after said levee has been completed and accepted by the said mayor and council, and at intervals of four years thereafter new commissioners, consisting of three persons, shall be elected by said mayor and council, who shall hold their office for four years, or until their successors are elected, and who shall be paid a salary of $100 each per annum. Levee commissioners to be elected. Term of office. Qualifications and salary. Vacancies. New commissioners. Term. Salary. SEC. II. Be it further enacted, That said commission shall have full power and authority to receive and accept donations of land or of rights of way or both, for said levee, and donations of money to be expended in the construction thereof; to purchase land or rights of way, or both, for the same; to cause land or rights of way necessary to be used or occupied in the construction of said levee, whenever in their judgment such land or rights of way cannot be purchased at a reasanable price, to be condemned and appropriated to such use in the manner hereinafter provided; to make any and all contracts with any corporation or person that may be necessary or expedient to secure lands or rights of way for said levee and for the construction and completion thereof and for keeping the same in repair; to build a levee from any point on the property known as the Pressley place, on or near the bank of the Oostanaula river, across the north end of Oostanaula street, and along said river to the head waters of the Coosa river, and thence along the track of the Rome Railroad Company, or near thereto, up the Etowah river, to the water-works lot, or to such other point beyond said lot as it may be necessary to build the same; or to locate and build such levee on such line or lines and to such point or points as may in their judgment be necessary to protect such portions of the lower part of said city against high water, and may, in their judgment, be practicable and advisable to levee; to alter, modify and extend the sewers or sewerage system of the city so as to protect said levee, promote its service and efficiency, build traps, gates and other attachments and devices necessary

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to said levee or sewerage system; to own or acquire the right to the surface level of said levee or of any other part thereof, and to contract with any corporation or person for building said levee, or for the appropriation and use thereof, by laying railroad tracks thereon, and running cars on said tracks, on such terms as may be agreed on, and to sell or lease the right to use the same or any part thereof that they may own or control; provided, however , said levee shall be subjected to no use that will in any way impair its durability, strength, or efficiency; and provided further , that all revenues or money received from the sale or lease of said surface level shall constitute a part of the levee fund and shall be appropriated to the cost of acquiring lands, rights-of-way or construction and repair of said levee, and all sums so received shall be paid to the city clerk and by him paid to the treasurer, and shall be by him expended as provided by this Act; to appoint and employ a superintendent, engineer and all servants and agents that may be needed in the erection of said work; to audit all accounts and draw warrants on the city treasurer for all sums that may be expended by them in the prosecution of said work, which warrants shall be paid said treasurer out of the levee fund hereinafter provided, and from no other source. Powers of commission. Where levee to be built. Sewers, etc. Traps, gates, etc. Acquisition of right to surface level of levee, etc. Building of levee, etc. Use of levee, etc. Subordinate officers, etc. Accounts and warrants. SEC. III. Be it further enacted, That the mayor and city council of Rome shall, after the passage of this Act, cause a survey to be made of that portion of the city of Rome lying between the rivers covered or touched by the waters of the flood of April, 1886, and embraced within the levee lines defined in the second section of this Act, and shall cause a map thereof to be made, placed and kept on file in the office of its clerk. The said mayor and council shall have power and authority, and they are hereby required, as hereinafter provided, to levy annual assessments on all the real estate embraced within such survey, and on all city lots touched by the waters of said flood, not to exceed one per cent. per annum of the assessed value thereof, for the purpose of raising a sufficient fund to levee said property; provided , that no property shall be assessed to build said levee that is outside of the lines thereof; provided , that the sum levied and collected shall not exceed the sum of fifty thousand dollars for the building of said levee or securing rights-of-way for the same. Survey and map. Assessments to levees. SEC. IV. Be it further enacted, Whenever it shall be made to appear to the satisfaction of the said mayor and council that one annual assessment on said real estate, not to exceed the rate herein provided, together with such donations in land, rights-of-way and money as may be made by other

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parties, is sufficient to pay for the right-of-way for said levee as the same may be located by said commissions, then the said mayor and council shall forthwith levy said assessment and cause the same to be collected and paid the city clerk, and he shall deposit the same with the city treasurer, to be paid out and expended by him in acquiring such right-of-way, on the warrants of the commissioners, as hereinbefore provided; and after such right-of-way shall have been acquired, the said mayor and council shall levy and collect such annual assessments on said real estate, not to exceed the rate and amount herein provided, as may be necessary to build said levee, and shall thereafter raise annually a sufficient amount, by taxation on all the property of the city subject to taxation, to keep the same in repair. All assessments shall be collected by the city tax-collector, and he is authorized and empowered to issue executions against defaulters, and to adopt and use all remedies now provided by law for the collection of the city taxes, and his fees or commissions shall be the same as those now authorized and allowed for the collection thereof, and all money collected by him shall be paid, from time to time, as collected, to the city clerk, who shall pay the same to the city treasurer. The clerk and treasurer shall keep separate books, in which they shall keep full and accurate accounts of all moneys received and paid out of this fund. All bonds hereafter given by said tax-collector, city clerk and treasurer shall be held to cover any default that may be made by either of said officers in the custody, management or misappropriation of said levee fund or any part thereof. When first assessment may be collected, etc. Additional assessments. Taxation for repairs. Method of collecting assessments. Fees, etc. Separate books to be kept. Official bonds to cover default. SEC. V. Be it further enacted, That whenever any land or right-of-way is needed for said levee, and the same cannot be purchased at a reasonable price, of which the said commissioners shall be the sole judges, the said commissioners shall make a full description of the same in writing, together with the owner's name and residence, if the same is known to them, and shall also set forth whether the fee simple title is required or only the right-of-way over said land, and shall state that the same is needed for levee purposes, and deliver the same to the sheriff of Floyd county, who shall thereupon summon a jury of five discreet and impartial men of the vicinage, and give notice to such land owners five days prior to the day of trial of the time and place of trial, accompanied by a copy of said written claims and the trial jury, accompanied by said sheriff or his deputy, and the parties, if they desire to attend shall enter upon and examine said land, and hear the evidence of such witnesses as may be produced on oath, and assess

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the value of said land if a fee simple title is required or the damages if a right-of-way only is desired, and the verdict of said jury unappealed shall be conclusive and final as to the value thereof, or as to the damages sustained by such land owner; and the levee commissioners may deposit the amount awarded with the clerk of the Superior Court in case of appeal by the land owner, or give bond and security to pay the final judgment, and thereupon occupy said land and proceed with the work. Said award shall be returned by the sheriff or his deputy to the clerk of the Superior Court and entered on the minutes thereof. Within four days after such award is made, either party may apeal to the Superior Court under the rules now provided for appeals from Justice Courts, and such appeals shall be tried as are other appeal cases in said court. The notice required by this section to be given may be served on trustees, guardians of minors, executors and administrators of deceased persons and guardians ad litem appointed by the chancellor of unrepresented minors, and such service shall bind all persons represented by them, whether they be adults or minors, as well as all contingent or unborn remaindermen. When such award shall become final, the payment of the amount thereof shall operate to convey the title to such land or right-of-way to said levee commissioners and their successors, and a copy of such award, with the entry of payment thereon made by the sheriff, may be entered on the record of deeds in the clerk's office of Floyd Superior Court, and thereupon such record shall have all the force and effect of recorded deeds as now provided by law. The sheriff shall be entitled to five dollars for his services in each case, and said jurors to two dollars each for each trial for their services, and the clerk of the Superior Court to his costs as now allowed by law. All of said cost, including the cost of witnesses at seventy-five cents per day before the jury, summoned by the sheriff, shall be paid by the commissioners out of the levee fund. The cost of appeal shall be paid by the losing party as in other cases. Method of condeming property. Sheriffs' and jurors' fees. Clerk's cost. Payment of costs and fees. SEC. VI. Be it further enacted, That so soon as said right-of-way has been secured and payment thereof provided for, the said commissioners shall proceed to build said levee or to contract with some responsible person or persons for the construction thereof upon such terms and conditions for the performance of the contract so made as they may prescribe. When building shall begin. SEC. VII. Be it further enacted, That the said commissioners and their successors in office shall have the general supervision and control of said levee and shall keep the same in repair,

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and they shall have power and authority to prescribe the terms and conditions on which any encroachment may be made thereon, or on which any building or buildings may be erected on or against the same, and the terms and conditions on which any use of any part thereof may be made, and they shall have full power and control over said levee, and may make, authorize and allow any alteration to be made in any part thereof without becoming liable for damages to any occupant thereof; provided , its durability, strength or efficiency are not impaired thereby. Control, repairs, etc of levees. SEC. VIII. Be it further enacted, That any person who may wantonly injure or destroy any part of said levee or any of its attachments, shall be subject to indictment, and on conviction shall be punished as prescribed in section 4310 of the Code of Georgia. Penalty for injuring levee or its attachments. 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. VESTING VETO POWER IN MAYOR OF SAVANNAH. No. 15. An Act to vest in the mayor of the city of Savannah the veto power touching the ordinances of the said city. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That the mayor of the city of Savannah is hereby given the power of revision of all ordinances hereafter passed by the said city through its council before the same shall become laws, and it is hereby made the duty of the said mayor to either approve or veto the same. Two-thirds of the aldermen present in council shall have the power to pass an ordinance over the said veto and notwithstanding the same. Veto power given to mayor. How ordinance may be passed over veto. SEC. II. Be it further enacted, That the said mayor shall have as long as five days (Sunday excepted) after the passage of an ordinance by council in which to consider the same, should time for consideration be desired by him, but unless he vetoes the said ordinance within the said five days, the same shall become a law as completely as if approved by him. In the event of a veto after the adjournment of the meeting at

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which an ordinance is passed and within the said five days, the said veto may be overruled by council at its next regular meeting thereafter, by the said two-thirds' vote. Must veto within five days. Veto after council meeting may be overruled at next meeting. SEC. III. Be it further enacted, That all laws and parts of laws in conflict with this Act are hereby repealed. Approved December 4, 1890. STREET WORKING IN SAVANNAH. No. 95 An Act to authorize the mayor and aldermen of the city of Savannah to require the male residents of the city of Savannah to perform road or street labor in the said city, or in lieu thereof to pay a special tax. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That the mayor and aldermen of the city of Savannah are hereby authorized and empowered to require each male resident living within the present or the future corporate limits of the city of Savannah, between the ages of twenty-one and sixty years, to work upon the streets of said city, as the said mayor and aldermen of the city of Savannah may direct, for as many as three days each year, or in lieu of such work to pay, as a road or street tax, as much as three dollars annually, to be used upon the said streets. Male residents may be required to do street work. Commutation tax. SEC. II. Be it further enacted, That the said mayor and aldermen of the city of Savannah are further authorized and aldermen of the city of Savannah are further authorized and empowered to provide for the collection of the said tax by an execution, which may be issued, made and levied as other executions for city taxes, and also for the imprisonment not longer than five days of such residents as fail or refuse, after due notice, to perform the work required, or to pay the said tax, and who do not return a sufficiency of property to pay the said execution. Collection of street tax. SEC. III. Be it further enacted, That all laws and parts of laws in conflict with this Act are hereby repealed. Approved December 24, 1890.

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CHANGING AND DEFINING WESTERN LIMITS OF SAVANNAH. No. 197. An Act to amend the Act entitled an Act to extend the corporate limits of the city of Savannah, approved September 21, 1883, so as to change and define the western corporate limits of said city north of the Louisville road. SECTION I. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by authority of the same, That the Act approved September 21, 1883, entitled an Act to extend the corporate limits of the city of Savannah be, and it is, hereby amended by striking from the first section thereof the words at the conclusion of said section, the Savannah river; and by adding to said section in lieu thereof, the following; its intersection with the northern line of the Louisville road, thence in an easterly direction along said last named line to the bifurcation of the Augusta and Louisville roads, so that the western boundary line of said city north of the Louisville road shall be the line as it stood prior to the passage of said Act of September 21, 1883; and the said first section of said Act, so amended, shall 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 the corporate limits of the city of Savannah shall be extended as follows: The present eastern limit of said city shall be extended east along the river bank fifteen hundred and forty-two feet (1542 feet), thence south from the river bank three hundred feet (300 feet), thence west to intercept the line of the present eastern corporate limits of said city, thence over the present corporate limits of said city to the point where the eastern side of East Broad street in said city intercepts the said limits of said city, on the north side of Lover's Lane; and from said point the eastern limits of said city shall be extended in a southerly direction along the eastern side of said East Broad street, extended to the southern line of farm lots in Jekyl Tything Derby Ward, thence in a westerly direction along the southern line of said farm lots in said ward, and of the farm lots in Holland Tything Derby Ward, and of farm lots in Holland Tything and Sloper Tything Percival Ward to the Ogeechee road, thence along the west side of said

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road to the southern line of the Springfield plantation, and thence to and along the western line of said plantation, extended to its intersection with the northern line of the Louisville road, thence in an easterly direction along said last named line to the bifurcation of the Augusta and Louisville roads. Section I of Act of Sept. 21, 1883, amended. So that western boundary north of Louisville road shall be as before that Act. Section as amended. SEC. II. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 27, 1890. REINCORPORATING THE TOWN OF WHITE PLAINS. No. 11. An Act to reincorporate the town of White Plains, Greene county; to reduce the corporate limits; to prohibit the sale of spirituous or malt liquors within said limits, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That the Act approved March 3, 1856, incorporating the town of White Plains, Greene county, and also the Act amendatory to said Act, approved December 12, 1866, be, and the same are, hereby repealed. Acts of March 3, 1856, and Dec. 12, 1866, repealed. SEC. II. Be it further enacted by the authority aforesaid, That the said town of White Plains be, and it is, hereby reincorporated under the same name; that the corporate limits shall extend five-eighths of a mile in every direction from the center of South and Main streets; that the municipal government shall be invested in a common council, consisting of a mayor and six councilmen, who may sue and be sued, contract and be contracted with, and exercise any and all other corporate powers necessary to the discharge of their duties, under the name and title of the mayor and council of the town of White Plains. White Plains reincorporated. Corporate limits. Town governments. General powers. Corporate name. SEC. III. Be it further enacted, That C. C. King be, and he is, hereby appointed to the office of mayor of said town, and that P. M. Moss, Z. T. Walker, J. C. Grant, W. A. Wagnon, E. L. Tappan and G. R. Tappan be, and they are, hereby appointed to the office of councilmen in said town; and said mayor and councilmen are hereby invested with full authority to pass ordinances, and to do any and all lawful acts, under this charter, for the welfare and peace of the town, until the first

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regular election shall be held, as hereinafter provided for, and until their successors are elected and qualified. First mayor and councilmen. Authority. SEC. IV. Be it further enacted, That on the first Wednesday in February, 1891, and on the first Wednesday in February in each year thereafter, an election shall be held in said town for mayor and six councilmen. In said election only those shall be entitled to vote, or be eligible to office, who have at the time of the election been residing within the corporate limits for six months, and are qualified to vote for members of the General Assembly, and have paid all legal dues or taxes demanded by the town council. The aforesaid election shall be held and conducted in the same manner as elections for county officers in this State, except that the polls shall not be opened until 9 o'clock A. M., and shall be closed at 3 o'clock P. M. Municipal elections. SEC. V. Be it further enacted, That the certificate of the managers of the election shall be proof of election, and so soon as the said elected mayor and councilmen shall receive notice of their election, they shall make and subscribe, before a lawful officer, an oath faithfully to discharge their duties, and shall, thereupon, at once begin the duties of their office. Proof of election. Oath of office. SEC. VI. Be it further enacted, That said mayor and council shall have full power and authority to pass all laws and ordinances which they may deem necessary for the government of said town, not inconsistent with the laws of this State. They shall have power to purchase, hold and convey property, in so far as may be needful for the public welfare; to abate nuisances; to take steps for the promotion of health; to establish and open streets, and keep the same in good condition; to make such police regulations as they may deem conducive to the peace of the town, and in order to carry the same into effect, to employ, according to their discretion, one or more persons as marshals or policemen. Laws, ordinances, etc. SEC. VII. Be it further enacted, That said mayor and council shall have and use, in the discharge of their trust, all the powers granted by and embraced in section 774 to 797 inclusive of the Code of 1882 of the State of Georgia, which sections, so far as not in conflict with anything herein stated, are hereby embodied in, and made a part of, this charter, except that the tax on real and personal estate (mentioned in section 787) shall not exceed twenty cents on every hundred dollars of the value thereof. Mayor and council given all powers granted by secs. 774 to 797 inclusive of the Code. Rate of taxation. SEC. VIII. Be it further enacted, That from and after the passage of this Act, it shall not be lawful to sell any spirituous

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or malt liquors within the corporate limits of said town, either directly or indirectly, and any one found guilty of violating this enactment shall be punished for each and every offence as prescribed in section 4310 of the Code of 1882 of this State. This Act shall be construed as continuing the municipal corporation herein referred to as the successor of the same corporation hereinabove first referred to. Sale of liquors prohibited. Penalty. Corporation created by this Act successor to former. SEC. IX. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved November 25, 1890. INCORPORATING TOWN OF CECIL. No. 30. An Act to incorporate the town of Cecil, in the county of Berrien, and to provide for an election of a mayor and councilmen of said town, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That the town of Cecil, on the Georgia, Southern and Florida Railroad, and in the county of Berrien, be, and the same is, hereby incorporated under the name of the town of Cecil. Town of Cecil incorporated. SEC. II. Be it further enacted, That the corporate limits of said town shall extend one-half mile in every direction from the depot building of the Georgia Southern and Florida Railroad Company in said town. Corporate limits. SEC. III. Be it further enacted, That H. J. Richardson is hereby appointed mayor of said town, and H. V. Rountree, A. B. Peters, J. F. Webb, Jr., D. T. Grady and J. W. Folsom, are hereby appointed councilmen of said town, to hold their offices until their successors are elected. First mayor and councilmen. SEC. IV. Be it further enacted, That an election shall be held in said town on the first Tuesday in February each year for mayor and councilmen, the number of councilmen to be five, to serve for one year, or until their successors are elected and qualified. Municipal elections. Terms of office. SEC. V. Be it further enacted, That said mayor and councilmen shall constitute a body corporate, with power to sue and be

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sued in any of the courts of this State; to purchase, hold and convey property for the use of said town; to contract and be contracted with so far as may be necessary to the proper management of the affairs of said town; to make all needful rules, by-laws and ordinances necessary for the proper government of said town not inconsistent with the laws of this State; to keep in good order and repair the streets of said town. Said mayor and councilmen shall have power to levy and collect for the use of said town a tax on all the property situated in the same, both real and personal, not to exceed fifty cents on the every one hundred dollars worth of property. General powers. By-laws, ordinances etc. Streets. Ad valorem tax. SEC. VI. Be it further enacted, That in the event of the sickness or absence of the mayor, or from any reason he cannot act, said councilmen may select one of their number mayor pro tem. , who shall be required to perform all the duties of the mayor. Mayor pro tem. SEC. VII. Be it further enacted, That the mayor shall be the chief executive officer of said town, and shall cause all offenders against any ordinances of the town to be arrested by the marshal or any police officer, when engaged in the act without a warrant, and hold in custody by placing him or her in the guard house until the case can be disposed of by the mayor. Mayor, his powers, etc. SEC. VIII. Be it further enacted, That if any vacancy should occur in the office of mayor or councilmen from any cause the same shall be filled by said board. Vacancies. SEC. 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 9, 1890.

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AMENDING CHARTER OF TENNILLE. No. 45. An Act to amend an Act entitled an Act to provide a new charter for the town of Tennille, in the county of Washington, and to grant certain powers and privileges to said town, and for other purposes, approved October 24, 1887, amending section (4) four as to the oath of voters, section (8) eight as to eligibility to hold office, section (11) eleven providing for a police court and the punishment of offences and offenders, also section (25) twenty-five as to publication of ordinances and other matters; also amending said Act by conferring additional powers upon said incorporation, viz., providing for the issuing of bonds for public improvements, or other purposes, in said town; also authorizing the defining of the offence of vagrancy and punishing the offenders, and other matters pertaining to the welfare of the town of Tennille. The General Assembly of the State of Georgia do enact, That from and after the passage of this Act the Act to provide a new charter incorporating the town of Tennille, in the county of Washington, and to grant certain powers and privileges to said town, and for other purposes, approved October 24, 1887, be, and the same is, hereby amended, and the several sections hereinafter named and amended and hereinafter added shall read as follows: Act of Oct. 24, 1887, amended. SECTION I. Be it enacted, That section (4) four of the above recited Act be amended by striking out the words containing the oath to be administered to challenged voters, and in lieu thereof to add the following as the oath to be administered to challenged voters, to-wit: You do swear that you are a citizen of the State of Georgia, that you have attained the age of twenty-one years, that you have resided one year in this State and have paid all taxes legally required of you by said State since the adoption of the Constitution of 1877, and that you are a legally qualified voter, duly registered, and entitled to vote for members of the General Assembly of the State of Georgia; that you have resided in the town of Tennille for the last six months, and have paid all taxes legally required of you by said town of Tennille, so help you God. Section [Illegible Text] amended. Oath of challenged voters. SEC. II. Be it enacted, That section (8) eight of the above recited Act be amended by inserting in line (2) two, after the

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word Act, the following words, (except such officers as are elected or appointed by the mayor and council, or either,) so that said section (8) eight, when amended, shall read as follows: That no person shall be eligible to any office under this Act (except such officers as are elected or appointed by the mayor and council, or either) who is not eligible as a voter at the election aforesaid; and any officer of said incorporation who shall be guilty of malpractice or abuse of the powers confided to him shall be subject to indictment in the Superior Court, and on conviction shall be fined not less than fifty nor more than five hundred dollars (said fine to be paid over to the treasurer of said town, and appropriated to the use of said town), or be imprisoned not to exceed six months, in the discretion of the court, and upon said conviction said party shall be removed from office. Section 8 amended. Qualifications of officers. Malpractice, etc. SEC. III. Be it further enacted, That section eleven (11) of the above recited Act be, and the same is, hereby stricken and the following inserted as said section 11, to-wit: Sec. 11. That the mayor, or mayor pro tem. , of said town shall hold a police court in said town at any time for the trial and punishment of all violators of their ordinances, by-laws, rules and regulations of said town; the punishment inflicted not to exceed a fine of one hundred dollars and cost, or imprisonment, or imprisonment and labor on the chain-gang of the town upon any of the public works thereof not to exceed sixty days, either or both, or in default of the payment of any fine and cost, to imprison, subject to work upon the public works of the town in the chain-gang, not to exceed sixty days. Section 11 stricken. New section. Police court. Penalties. SEC. IV. Be it enacted, That section (25) twenty-five of the above recited Act be, and the same is, hereby amended by adding the following words, to-wit: and whenever it shall be required to publish any matter pertaining to the town of whatsoever kind, publication of the same in the newspaper declared to be the official paper of the town shall be sufficient, and the same held and declared to be a legal publication of all matters required by the laws of this State to be published concerning any matter or thing whatsoever, and shall be admitted in evidence in the courts of this State as legal publication thereof, so that said section (25) twenty-five, as amended, shall read as follows, to-wit: That all ordinances, rules and regulations passed by the mayor and Board of Aldermen shall, before becoming operative, be entered on the minutes or ordinance book of the Board of Council and be published at least once in some newspaper having general circulation in the town or be posted

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at two or more prominent places in said town, and whenever it shall be required to publish any matter pertaining to the town of whatsoever kind, publication of the same in the newspaper declared to be the official paper of the town shall be sufficient, and the same held and declared to be a legal publication of all matters required by the laws of this State to be published concerning any matter or thing whatsoever, and shall be admitted in evidence in the courts of this State as legal publication thereof. Section 25 amended. Official publications. Section as amended. SEC. V. Be it enacted, That two new sections, designated as section (XIVa) and section (XIVb), be added to the above recited Act, amendatory thereof, and shall read as follows: Section (XIVa). When the mayor and aldermen of the town of Tennille shall desire to incur any bonded debt, as prescribed in paragraphs 1 and 2, section 7, article 7 of the Constitution of 1877, the election required shall be called and held as follows, to-wit: The mayor and council of the town of Tennille shall give notice for the space of thirty days next preceding the day of election in the official newspaper of the town notifying the people (qualified voters) that on the day named an election will be held to determine the question whether bonds shall be issued by the town of Tennille. Said notice shall specify what amount of bonds are to be issued and for what purpose, what interest they are to bear, how much principal and interest to be paid annually and when to be fully paid off. Said election shall be held at usual place of holding elections in said town, in the same manner as other elections required to be held in and for the town of Tennille, and the returns shall be made to the mayor and council calling or ordering the election, or their successors in office, who shall, in the presence of and together with the several managers (who bring up their returns), consolidate said returns and declare the result. When said notice is given and said election held in accordance with the above requirements, if the required two-thirds of the qualified voters of said town at said election vote for bonds, then the authority to issue the bonds, in accordance with paragraphs 1 and 2, section 7, article 7 of the Constitution, is hereby given to the mayor and council of the town of Tennille. In determining the question whether or not two-thirds of the qualified voters in said town of Tennille voted in favor of the issuance of said bonds the tally-sheets of the last general election held in said town shall be taken as a correct enumeration of the qualified voters thereof. The owners of said bonds when due may, if necessary, enforce the collection thereof by suit in the proper court. New sections. Election as to incurring bonded debt. How question as to necessary majority is to be determined. Holders of bonds may enforce collection.

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SEC. VI. Be it further enacted, That section (XIVb), amendatory of the above recited Act, shall read as follows, to-wit: The mayor and aldermen of said town shall have full power and authority to define and punish the offence of vagrancy in the same manner as is elsewhere prescribed in this charter for the defining and punishing offences in said town. Vagrancy. SEC. VII. Be it enacted, That all laws and parts of laws conflicting with this Act be, and the same are, hereby repealed, in so far as they conflict. Approved December 13, 1890. AMENDING CHARTER OF EAST ROME. No. 69. An Act to amend an Act incorporating the town of East Rome by striking from the second section of said Act the property qualification for voters and office-holders of said town. SECTION I. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That from and after the passage of this Act, the Act incorporating the town of East Rome be, and the same is, hereby amended by striking the words for mayor in the eighth (8th) line, also the words, and all persons as aforesaid who shall possess and own, in their own names, realty of at least the value of five hundred dollars within the corporate limits of said town, and only such persons shall be entitled to vote for councilmen and shall be eligible to the office of mayor and councilmen, in the ninth (9th), tenth (10th), eleventh (11th), twelfth (12th) and thirteenth (13th) lines from the second section of said Act, so that said section, when so amended, shall read as follows: Be it further enacted, That within sixty days after the passage of this Act, a notice shall be posted in some [Illegible Text] place in said town, calling for an election to be held within not less than three days, nor more than seven days, after the posting of said notice, at which election a mayor and four councilmen shall be voted for; and all citizens qualified to vote for members of the Legislature of this State, and residing in said town of East Rome, and only such persons shall be entitled to vote at said election; and at this election, and every subsequent election held under this charter

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a justice of the peace of Floyd county and two disinterested freeholders, citizens of said town, shall preside, and shall be supervisors and managers of each such election; and the persons whom they, the said managers, declare have been duly elected to the respective offices of mayor and councilmen, shall be such mayor and councilmen, and shall possess all the power and authority hereinafter conferred upon them. Immediately upon the counting of the votes cast at said election, the said managers shall issue certificates to each of the persons elected, setting forth the time and place of such election, and the office to which he was elected; and such certificates shall be the highest evidence of the facts therein stated, and shall be duly recorded in a book to be kept for that purpose by the clerk of the council. Property qualification for voters and officers stricken. 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. AMENDING CHARTER OF HARMONY GROVE. No. 79. An Act to amend an Act, approved December the 24th, 1884, entitled an Act to incorporate the town of Harmony Grove, in the county of Jackson, and for other purposes; to increase the Clerk's bond from five hundred dollars to two thousand dollars; to provide for the election of a Mayor pro tem. to act in the absence of the Mayor and have all the rights and powers of the Mayor while so acting; to increase the penalty for violations of the by-laws and ordinances of said town from fifty dollars to five hundred dollars, or work on the streets of said town sixty days. 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 12 of an Act, approved December 24, 1884, entitled an Act to incorporate the town of Harmony Grove in the county of Jackson, and for other purposes, be, and the same is, hereby amended by striking out the words five hundred dollars in the fourteenth and fifteenth lines of said section 12, and inserting in lieu thereof the words two thousand dollars. Section 12 of Act of Dec. 24, 1884, amended. By striking five hundred dollars and inserting two thousand dollars.

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SEC. II. Be it further enacted by the authority of the same, That section 14 of said Act, approved December 24, 1884, be, and the same is, hereby amended by striking out the latter part of said section 14, begining at the or in the second line of said section, and that the following be inserted in the place of that stricken, to-wit: or in his absence the mayor pro tem. , who may be elected at the first annual meeting in each year to act as mayor pro tem. , and when so acting has all the rights and powers of the mayor, shall have full power and authority to impose such fines not exceeding five hundred dollars or work on the streets of said town not exceeding sixty days, or both, or either of said fines, for violations of any or all the by-laws and ordinances of said town within the corporate limits of the same. Section 14 amended. Mayor pro tem. Extent of penalties. SEC. III. Be it further enacted by the authority of the same, That all laws or parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 20, 1890. NEW CHARTER FOR LITHONIA. No. 83. An Act to amend, revise and consolidate the several Acts granting corporate authority to the town of Lithonia in DeKalb county, to confer additional power upon the mayor and town council of Lithonia, and for other purposes. Be it enacted by the Senate and House of Representatives in General Assembly met, and it is hereby enacted by the authority of the same, That from and after the passage of this Act the following sections shall constitute the charter of the town of Lithonia in DeKalb county: Charter of Lithonia. SECTION I. The corporate powers of said town shall be vested in a mayor and five councilmen who are hereby constituted a body corporate, under the name and style of the Mayor and Town Council of Lithonia, and by that name and style shall have perpetual succession, may have and use a common seal and be capable in law and equity to purchase, have, hold, receive, enjoy, possess and retain to them and their successors for the use of the town of Lithonia any estate or estates of whatever nature, real or personal, within or without

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the jurisdictional limits of said town for corporate purposes, and shall by said corporate name be capable of suing and being sued in any court of law or equity in this State, and shall succeed to all the rights and liabilities of the town of Lithonia. Corporate name and general powers. SEC. II. That the corporate limits of said town shall extend one-half of one mile in every direction from the present depot site of the Georgia Railroad and Banking Company. Corporate limits. SEC. III. That on the first Wednesday in January, 1891, and annually thereafter on the same day, an election shall be held in the council chamber in said town for mayor and five councilmen; whose terms of office shall begin on the second Wednesday in January, 1891, and annually thereafter on the same day, and who shall hold their office for one year, and until their successors are elected and qualified; but no one shall vote for or be eligible to the office of mayor or councilmen, who has not resided in said town six months previous to the day of election, and who is not qualified to vote for members of the General Assembly of this State, and who has not paid all fines or taxes due to said town, and no one shall be eligible for election as mayor or councilmen for more than two successive terms. Said election shall be held and conducted in the same manner and under the same regulations, as are elections for members of the General Assembly. The managers of all elections under the provisions of this section shall be entitled to receive one dellar each per day, to be paid out of the town treasury, and shall be required to make out a certificate showing who are elected to the respective offices, and the certificates of the managers shall be sufficient authority to the persons elected to enter upon the discharge of their duties. In event that the mayor or any member of the council shall die, resign, be removed from office or remove beyond the corporate limits of said town, there shall be an election ordered by the mayor within ten days thereafter to fill such vacancy, or in case there is no mayor, by a majority of the members of council then in office upon five days' notice in writing in three of the most public places in said town, which election shall be conducted as are the regular elections. Elections for mayor and councilmen. Terms of office. Qualifications of voters and officers. Regulations for elections. Vacancies. SEC. IV. That on the succeeding Wednesday after the election, or as soon thereafter as practicable, the persons elected shall appear at the council chamber of said town and take and subscribe the following oath, which oath shall be administered by any judicial officer of this State, and shall forthwith enter upon the discharge of their respective duties, viz.: I, A. B., do solemnly swear that I will well and truly discharge the

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duties of mayor (councilmen, clerk or treasurer as the case may be) to the best of my skill and ability without favor or affection, so help me God. Oath of office. SEC. V. That immediately upon the qualification of a majority of the town council they shall at once proceed to the election of a clerk and treasurer for said town whose duty it shall be to keep a just and true account of the proceedings of said mayor and town council at their regular and called meetings, shall be entrusted with the funds belonging to said town and shall be required to give bond payable to the mayor and town council of Lithonia in such a sum, not less than one thousand dollars, as shall be fixed by the mayor and council, conditioned to the faithful performance of the duties of his office, and shall take and subscribe the oath prescribed in section 4, but no person shall be eligible to the office of clerk and treasurer except such persons as are eligible to the office of mayor; provided , that any person may be eligible to election for clerk and treasurer for any number of successive terms. Clerk and treasurer. Duty. Bond. Oath. Qualifications. SEC. VI. That at their first meeting in each year the mayor and council shall elect a town marshal and such a number of deputy marshals as they may deem best, whose duty it shall be to enforce the ordinances of said town, arrest and bring before the mayor all offenders against the same, and perform such other duties as may be required of them by the mayor and town council, and before entering upon the discharge of their duties they shall each take and subscribe the oath prescribed in section 4, and shall give bond in such sum as the mayor and town council shall fix, conditioned for the faithful discharge of the duties of their office. Marshal and deputies. Duty. Oath and bond. SEC. VII. At their first meeting in each year the town council shall elect from their number a mayor pro tem. whose duties shall be the same as those of the mayor in the event of the sickness, absence or disqualification of the mayor. Mayor pro tem. SEC. VIII. The mayor shall receive for his services a salary not less than one hundred nor more than one thousand dollars per annum, which said salary shall be fixed by the preceding mayor and council at their last regular meeting in each year, which said amount shall not be changed during the term for which it shall have been fixed. The clerk and treasurer shall receive as compensation for his services such salary and fees as the mayor and council shall fix at the time of electing said officer. The marshal and all deputy marshals shall receive for their services such salaries and fees as the mayor and council shall fix. The members of the town council shall not be entitled

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to receive any compensation whatever for their services, except that they shall not be subject to street tax or road duty during their terms of office. Mayor's salary. Salary of clerk and treasurer. Of marshal and deputies. Councilmen to serve without compensation. Except exemption from street tax or road duty. SEC. IX. That the mayor shall be the chief executive of the town of Lithonia. He shall see that all laws, ordinances, resolutions and rules of the town are faithfully executed and enforced, and that all officers of the town shall faithfully discharge the duties required of them; he shall have a general jurisdiction of the affairs of the town; he shall have power to suspend any city officer for neglect of duty, disorderly conduct or drunkenness, report his action to the next meeting of the town council, who, after investigation, shall either discharge or reinstate said officer so suspended; he shall preside at all meetings of the mayor and town council of Lithonia when not prevented by any providential cause; he shall have the right to vote in election for officers, except as is hereinafter provided, and upon all other questions before said body, except upon questions where he is disqualified by reason of interest, relationship or otherwise. Mayor, his duties, powers, etc. SEC. X. That there shall be a mayor's court for the trial of all offenders against the law and ordinances of the town to be held by the mayor, and in his absence or disqualification, by the mayor pro tem. Said court shall have the power to preserve order and compel the attendance of witnesses; to punish for contempt by imprisonment not exceeding two days or fine not exceeding ten dollars, one or both. Mayor's court. Punish ment for contempt. SEC. XI. That the mayor, or, in his absence or disqualification, the mayor pro tem. , shall as often as may be necessary, hold a police court, to be known as mayor's court, for the trial of all offenders against the laws and ordinances of the town of Lithonia. Said mayor's court shall have full power and authority, upon conviction, to sentence such offenders to labor upon the streets or other public works for a period not to exceed sixty days, or to impose a fine not to exceed one hundred dollars ($100.00); either or all of said penalties may be imposed in the discretion of the court. Mayor's court. Penalties for violation of ordinances. SEC. XII. That the mayor shall be ex officio Justice of the Peace, as to enable him to issue warrants for violations of the criminal laws of the State committed within the town of Lithonia, and shall have full power, on examination, to commit the offender to jail or to bail them if the offence be bailable, to appear before the court having jurisdiction. Mayor ex officio justice of the peace. SEC. XIII. That the regular meetings of the mayor and town council shall be held on the first Monday night in each month,

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but the mayor, and in his absence the mayor pro tem. , shall have power to call an extra meeting of the mayor and town council at such time or times as the interest of the town may demand. Meetings of council. SEC. XIV. That for the purpose of raising revenue for the support and maintaining of the town government, the mayor and town council of Lithonia shall have full power and authority and shall, not later than at their regular meeting in April of each year, prescribe by ordinance for the assessment, levy and collection of an ad valorem tax on all real and personal property within the incorporate limits of said town, except such real property as is used for farming purposes only; provided , such tax shall not exceed one-half of one per centum per annum, and the same shall be enforced and collected by executions issued by the clerk, countersigned by the mayor, and directed to the marshal of said town, under such rules and regulations as the mayor and town council of Lithonia may prescribe. Ad valorem tax. SEC. XV. That the mayor and town council of Lithonia shall also have power to levy a street tax, not exceeding three dollars per annum, upon all persons residing within the incorporate limits, who are subject to road duty under the laws of this State, for the purpose of working and keeping in repair the streets, sidewalks, lanes and alleys of said town; or, in lien of the payment of said street tax, they may prescribe by ordinance for a number of days, not exceeding ten days, to be worked on said streets, sidewalks, lanes and alleys, under the direction of the marshal, by persons who fail to pay said street tax within a time or period to be named by said mayor and council. Street tax. SEC. XVI. That the mayor and town council of Lithonia shall have power and authority to license, regulate and control all taverns, hotels, cafs, restaurants, boarding houses, livery stables, hacks, drays and other vehicles; auctioneers, vendue-masters, itinerant traders, theatrical performances, shows, circuses and exhibitions of all kinds, itinerant lightning-rod dealers, emigrant agents, clock and stove peddlers, peddlers of all kinds, itinerant dealers in jewelry, and all other travelling or itinerant vendors of articles, goods, wares and merchandise of every nature whatever; every keeper of a billiard, pool or bagatelle table kept for public use; every keeper of a shooting gallery, ten-pin alley; upon the keeper of any other table, stand or place for performance of any game or play, whether played with sticks, balls, rings or other contrivances; upon

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the keeper of flying-horses, bicycle, velocipede or skating rinks; insurance agents, life and fire insurance companies, brokers, dealers in futures, loan agents, or agents for any other business or calling whatsoever; keepers of slaughter-pens, beef markets, green groceries; upon every junk-shop and pawn-broker; dealers in fish, oysters, vegetables, fruits, breads and other articles of food. Licenses, etc. SEC. XVII. The said mayor and council shall have full power and authority to require any person, firm, company or corporation engaged in prosecuting or carrying on, or who may engage in, prosecute or carry on any trade, business, calling, avocation or profession, within the corporate limits of said town, to register their names and business calling, vocation or profession, annually; and to require such persons, company or association to pay for such registration, and for license to engage in, prosecute or carry on such business, calling or profession aforesaid, not exceeding twenty-five dollars per annum. Registration and license of business. Payment for. SEC. XVIII. The mayor and council shall have full power to open or lay out new streets and alleys, and to widen, straighten, or otherwise change any of the streets and alleys in said town. Whenever they exercise this power they shall appoint one freeholder, and the owner or owners of lots bordering or fronting on or through which such new streets or alleys are to be opened shall select one freeholder, or if such owner or owners refuse or fail to select one freeholder to represent them for five days after being notified to do so, then the mayor and council shall have power and authority to select one freeholder to act for them, and the two shall assess the damages sustained or the benefits derived by such owners or owner, in consequence of such opening, widening or straightening, or otherwise changing such streets or alleys; and in case the said two freeholders cannot agree, they shall select a third freeholder to act with them, and a majority of the three shall determine the award of such assessors. Such freeholders shall be residents of said town. They shall take an oath to faithfully and impartially discharge their duty, and shall file their award with the clerk of the council, which shall be binding upon both parties; but either party shall have the right of appeal therefrom to the Superior Court of DeKalb county within ten days from the rendition of such award, and such award against the owner or owners of such lot or lots, when it becomes final, shall be enforced and collected in the same manner as taxes, by executions. Opening, etc., of streets, etc. Condemnation of property. Oath and award of assessors. Appeal, etc. SEC. XIX. That the mayor and town council of Lithonia shall have full power to enact such ordinances as shall be

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designed to prevent all kinds of disorderly conduct, cursing, swearing, drunkenness, fighting, quarrelling, fast or dangerous driving on the streets of said town, and shall have full authority to enact such ordinances as shall promote the peace, good order, good health and prosperity of the town, and shall have full power and authority to pass any and all laws which they may deem best for the good and welfare of said town; provided , such laws are not repugnant to or in conflict with the laws of the State of Georgia, or of the United States, and shall provide for the punishment of offenders against said ordinances, either by fine and imprisonment, either or both, in the discretion of the mayor. They may provide by ordinance to abate or destroy all nuisances, disorderly houses or houses of ill fame, may punish persons coming into said town without any visible means of support, shall regulate or prevent the discharge of firearms or fireworks in said town, and punish all such conduct as is calculated to interfere with or disturb public worship in said town. General municipal authority. SEC. XX. That the mayor and town council of Lithonia shall elect from their number a Board of Health composed of three members, including the mayor who shall be ex officio chairman, whose duty it shall be to see that the town is kept in a good sanitary condition, that all privies, water closets, pig sties, barns, stables and all similar places are regularly cleaned and kept in good condition, that all nuisances are abolished, and that everything injurious in the least degree to the health of the citizens of the town be removed. It shall be the duty of this committee to regularly inspect the town and to prepare and submit to the town council for adoption such ordinances as will most effectually accomplish the results for which the Board of Health is appointed. Said board shall have general control of the cemetery of said town and make such regulations in regard to the burial of the dead within said town as they may deem best. Board of Health. Duties. Cemetery. SEC. XXI. That the mayor and town council of Lithonia shall have full power and authority to regulate, control or prevent altogether the sale of vinous, malt, spirituous, intoxicating liquors, bitters, mixtures by whatever name called, or any drink or beverage that will produce intoxication in said town; to grant or withhold license to each firm or dealer therein in said town; to fix any fee they may see proper for said license or business, and to impose penalties and restrictions upon any person selling such intoxicating liquors, bitters, mixtures or beverages with or without such license. Sale of liquors.

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SEC. XXII. That the mayor and council of the town or Lithonia shall have power to take up and impound any horses, mules, cattle, hogs, sheep, goats or any other animals running at large in the limits of said town, and they shall have power to pass such ordinances as may be deemed by them necessary for the proper regulations of stock within the town. Animals running at large. SEC. XXIII. That all executions issued by said town shall be directed to the town marshal, who shall enforce the same by levy and sale, and all sales conducted by him shall be held in the same manner as are sheriff sales in this State; provided , the property so sold be real estate; but if said property so sold be personal property, it shall be legal for said marshal to sell the same before the door of the council chamber on the first Monday in each month, after having duly advertised the same for ten days previously at three public places in said town. Liens for taxes due the mayor and town council of Lithonia shall be superior to all other liens, except liens for taxes due the State. Executions. SEC. XXIV. That the mayor and town council of Lithonia shall have full power and authority to enact an ordinance providing for the establishment of a chain-gang for said town for the punishment of offenders against the ordinances of said town. The chain-gang shall be under the charge of the town marshal and deputy marshals, and they shall have the right to put chains and shackles upon the convicts, and to work them upon the streets and sidewalks of said town, or elsewhere within the incorporate limits of said town, and the marshal or his deputies shall have authority to whip or otherwise punish stubborn and unruly convicts; provided , that nothing in this Act shall be construed to authorize the marshal, deputy marshals, or any other person whomsoever, cruelly or inhumanely to treat convicts in said chain-gang. Chain-gang. SEC. XXV. The mayor and town council of Lithonia shall have full power and authority to levy a special ad valorem tax, not to exceed one-half of one per centum , on all property, both real and personal, of every nature whatsoever, for the purpose of building a town prison, and also a council chamber for the uses of said town, but said levy and assessment shall not be made but one time. Special tax for town prison and council houses. SEC. XXVI. That all ordinances made by said mayor and town council of Lithonia, under and by virtue of the authority delegated in these sections, shall remain in force indefinitely until repealed by action of the mayor and town council of Lithonia. Ordinances be of force until repealed.

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SEC. XXVII. That all laws and parts of laws in conflict herewith be, and the same are, hereby repealed. Approved December 20, 1890. NEW CHARTER FOR ZEBULON. No. 87. An Act to repeal the present charter and to enact a new one for the town of Zebulon, Pike county, Georgia. SECTION I. Be it enacted by the General Assembly of Georgia, That from and after the passage of this Act all Acts heretofore incorporating the town of Zebulon, Pike county, Georgia, be, and the same are, hereby repealed, and the following shall be the charter of the town of Zebulon, in the county of Pike and State of Georgia. Present charter repealed. SEC. II. Be it further enacted, That the corporate limits of said town shall extend one-half of a mile from the court-house in every direction. Corporate limits. SEC. III. Be it further enacted, That the government of said town shall be vested in a mayor and four councilmen, and the present mayor and councilmen shall remain in office until the expiration of their term of office, after which the mayor and council shall be elected on the first Saturday in January of each year, and shall hold their respective offices for the term of one year next thereafter and until their successors are elected and qualified; and if from any cause there should be a failure to hold said election, the mayor of said town may order an election by giving at least five (5) days' notice thereof by publication or written notice at the court-house. Said election shall be held by any two (2) citizens who may be freeholders in said town, being first sworn to hold said election properly and faithfully; may preside over said election, neither of whom being a candidate; and the persons receiving the highest number of votes shall be declared duly elected, and the managers shall give their certificates to such persons as shall be thus elected. But no person shall be eligible to either of said offices nor qualified to vote at such elections who shall not at the time he is elected or offers to vote, have been a bona fide citizen of said town three (3) months next prior thereto, and shall have paid all taxes and lawful fines due by him to the authorities of said town and performed all street work which may have been required of him lawfully, and who shall be eligible to vote for members of the General Assembly. Town government. Elections and terms of office. SEC. IV. Be it further enacted, That the said mayor and councilmen, before they enter upon the duties of their respective offices, shall, before the Ordinary or a Justice of the Peace, Clerk of the Superior Court or any commissioned Notary Public, take and subscribe to the following oath: I do solemnly swear that I will to

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the utmost of my ability, faithfully discharge the duties of mayor (or councilman) of the town of Zebulon during my continuance in office, so help me God. That said mayor and councilmen shall constitute a body corporate, with power to sue and be sued in the courts of this State; to contract and be contracted with; to abate all nuisances, and to make all needful rules and regulations necessary for the proper management of said town not inconsistent with the laws of this State; to preserve the good order and health of said town; may establish, open, change and abolish streets in said town as the public interest may require, and shall keep in good order the streets and sidewalks of said town; and may require and compel the persons residing in said town, subject by law to road duty, to work on the streets and walks not to exceed fifteen (15) days in each year, but may receive in lieu thereof, to be expended on the streets and sidewalks, a commutation fee from such person, not to exceed ten dollars a year. They shall have charge and control of all the public graveyards located in said corporation. Said mayor and councilmen shall have power to levy and collect not exceeding fifty (50) per cent. of the State tax on all property, both real and personal, in said town subject to State tax; and may levy a tax on shows, exhibitions for gain, peddlers, itinerant traders, drays, livery stables and vehicles for hire, auctioneers, billiard tables, ten-pin alleys and other establishments for amusement and gain. Oath of office. Corporate and municipal powers. Taxes. SEC. V. Be it further enacted, That said mayor shall hold police courts to try offenders for violations of all laws, rules and regulations prescribed for the government of said town, and may punish violators of the same by such fines and imprisonments or work on the streets of said town, or either, as may be prescribed by said mayor and councilmen. Offenders may be imprisoned either in the common jail of said county or in a house erected for that purpose, the fine not to exceed thirty ($30) dollars, or work or imprisonment thirty (30) days. And when sitting as a court the mayor may fine and imprison for contempt not to exceed five dollars or one (1) day imprisonment; but from all the decisions of the mayor imposing penalties for violating the rules and regulations of said town there may be an appeal to the mayor and council, and when appealed to it will take a majority of said board of mayor and councilmen to punish. Police court. Penalties. Appeal to mayor and council. SEC. VI. Be it further enacted, That said mayor and councilmen may elect a secretary and treasurer and marshal and deputy, and prescribe their duties, not inconsistent with the acts and laws of this State; take bonds and fix the compensation. The secretary and treasurer may be elected from the council. Secretary and treasurer, and marshal and deputies. SEC. VII. Be it further enacted, That said mayor and council shall keep or cause to be kept open for the inspection of all citizens of said town a record of their proceedings and an account of all moneys received, expended and in hand. Minutes, etc. SEC. VIII. Be it further enacted, That it shall be the duty of the mayor and council, at its first regular meeting, or as soon thereafter

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as practicable, to elect a mayor pro tem. , who shall act as mayor in the absence or sickness of the mayor elect. Mayor pro tem. SEC. IX. Be it further enacted, That said mayor and councilmen shall have full power to remove from office or to punish by fine not to exceed fifty ($50) dollars any officers elected by them for any neglect, malpractice in or abuse of said office. Removals from office etc. SEC. X. Be it further enacted, That in case the mayor or any councilman, while in office, shall be guilty of any wilful neglect or malpractice in or abuse of said office, he or they shall be liable to be indicted before the Superior Court of Pike county, and on conviction thereof shall be fined in a sum not exceeding five hundred ($500) dollars for each and every offence, and moreover be removed from office, which fine or fines shall be paid over to the town treasurer for the use of said town. Neglect or malpractice by mayor or councilmen. SEC. XI. Be it further enacted, That vacancies in the office of mayor and councilmen may be filled by the remaining councilmen, or they may order an election for the same after giving five (5) days' notice, either by publication or a written notice at the court-house. Vacancies. SEC. XII. Be it further enacted, That they may collect all lawful taxes, fines and assessments for failure to work the roads or streets or sidewalks, by executions to be issued by the mayor and enforced by the marshal, to be collected in the same manner as the State and county taxes. Executions. SEC. XIII. Be it further enacted, That for a failure to work on the streets when notified the offender subjects himself to be fined not exceeding three ($3) dollars per day, unless he will pay the commutation tax imposed by the mayor and councilmen, the same to be collected by executions issued by the mayor and enforced by the marshal. Failure to do street work. SEC. XIV. Be it further enacted, That all taxes so imposed may be collected at such time as the mayor and council shall in their by-laws and ordinances direct. When taxes may be collected. SEC. XV. Be it further enacted, That the marshal or his deputy shall have power and authority to examine all places when he suspects a violation of the laws of the State, and shall have power to arrest all violators of the laws and ordinances; to call to his aid all persons of said town capable of bearing arms to assist him in arresting persons violating the laws of the State or the ordinances of the town, and for a failure to assist when so called upon may be fined by the mayor. Examination of suspected places. Arrests, etc. SEC. XVI. Be it further enacted, That it shall be the duty of all tax-payers and owners of all taxable property within said town, and they and each of them, either by themselves or an agent, are required to make annual returns, under oath, to the clerk or council of said town, or to such other officer as the mayor and councilmen of said town may appoint for said purpose, at such time as the mayor and councilmen may direct, of all their taxable property held in their own right or in the right of any other person; and in case any person or persons shall fail or refuse to make such returns or shall make any return deemed incorrect by the mayor and councilmen the said mayor and councilmen may assess the property of

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such person and fix such value thereon as they may deem correct and just. Tax returns. SEC. XVII. Be it further enacted, That the mayor and council shall have power to take up and impound any horses, mules, cows, dogs, hogs or other cattle running at large in said town, and to pass and enforce all ordinances necessary and proper for the regulation and control of all such animals in said town. Animals running at large. SEC. XVIII. Be it further enacted, That this Act shall take effect immediately upon its passage. This Act to take effect immediately. 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 December 22, 1890. AMENDING CHARTER OF STONE MOUNTAIN. No. 88. An Act to amend the charter of the town of Stone Mountain, so as to change the time of the election of the mayor and council from the third Wednesday in April of each year; to provide for the election of a mayor and council for said town on the 23d day of December, 1890, and thereafter said election to be held annually on the second Wednesday in December; also, to allow marshal's fees, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That there shall be held, on the 23d day of December, 1890, an election for mayor and council in the town of Stone Mountain, and annually thereafter the election for mayor and council of said town shall be held on the second Wednesday of December. The mayor and council of said town are authorized to pass such ordinances as are necessary for the assessment and collection of one dollar and twenty-five cents marshal's fees for arresting persons in cases when the person arrested to adjudged guilty by the proper town authorities. Elections for mayor and council. Marshal's fees. SEC. II. Be it further enacted, That all laws and parts of laws in conflict with this Act are hereby repealed. Approved December 23, 1890.

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AMENDING THE CHARTER OF THE TOWN OF BLUE RIDGE. No. 108. An Act to amend an Act to incorporate the town of Blue Ridge, in Fannin county, and for other purposes. SECTION I. Be it enacted by the General Assembly of this State, That section ten (10) of an Act approved October 24, 1887, to incorporate the town of Blue Ridge, in Fannin county, be amended so as to read as follows, to-wit: Sec. 10. Be it further enacted, That the mayor and councilmen of said town shall have power to levy and collect a tax of not exceeding one (1) per cent. of all property, both real and personal, in said town. Act of Oct., 24, 1887, amended. Ad valorem tax. SEC. II. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 24, 1890. INCORPORATING TOWN OF UNADILLA. No. 109. An Act to incorporate the town of Unadilla, in the county of Dooly, to grant certain powers and privileges to the same, to define its limits, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That the town of Unadilla, in the county of Dooly, be, and the same is, hereby incorporated as a town under the name of the town of Unadilla. Town of Unadilla incorporated. SEC. II. Be it further enacted, That the municipal government of the town of Unadilla shall consist of a mayor and six aldermen, who are hereby constituted a body corporate under the name and style of the mayor and council of the town of Unadilla, and by that name and style shall have perpetual succession, and shall by said name be capable to sue and be sued in any court of law or equity in the State, plead and be impleaded, and do all other acts relating to their corporate capacity; and shall be capable in law to purchase, hold, receive, enjoy and possess, to retain to them and their successors for the use and benefit of said town of Unadilla, in perpetuity or for any term of years, any estate, real or personal, lands and tenements of what kind or nature soever, within the limits of said town, and to sell, alien, exchange or lease the same, or any part thereof, in any way whatever. Municipal government. Corporate name and general powers. SEC. III. Be it further enacted, That the corporate limits of the town of Unadilla shall be all of the territory within the following lines, to-wit: A circle a mile in diameter, the center of

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which shall be the corner-stone on the right-of-way of the Georgia Southern and Florida, and near the residence of Joe E. Quattlebaum, in said town. Corporate limits. SEC. IV. Be it further enacted, That the corporate powers of said town shall be vested in a mayor and six aldermen, who shall be elected on the first Saturday in January, 1891, and on the same day in each January thereafter, and that said mayor and aldermen, shall hold their office for one year, or until their successors are elected and qualified, and all citizens who shall be entitled to vote for members of the General Assembly, and who have resided in said corporation for three months previous to said election, shall be entitled to vote for said mayor and aldermen and be eligible for the office of mayor and aldermen. Elections. Terms of office. Qualifications of voters and officers. SEC. V. Be it further enacted, That if for any cause the election provided for in the preceding section be not held on said first Saturday in January in any year, such election may be held on the first Saturday in any month thereafter; provided , written notice of such election and of the time of holding the same, signed by the mayor or any citizen of said town, shall be posted in some conspicuous place in said town at least ten days before the day of such election. Failure to hold election at regular times. SEC. VI. Be it further enacted, That before entering upon the discharge of their duties as such, the mayor and council shall take and subscribe the following oath, which may be administered by any person authorized by the laws of this State to administer oaths: I do solemnly swear that I will faithfully and impartially discharge all the duties devolving upon me as mayor or alderman of the town of Unadilla, according to the best of my ability, so help me God. Official oath. SEC. VII. Be it further enacted, That said mayor and councilmen shall have power and authority to elect such marshals, clerks and other subordinate officers as they may deem necessary for the carrying into effect of the powers herein conferred upon them, and to prescribe the fees and duties of said subordinate officers and require of them such bonds for the faithful discharge of their duties as they may deem necessary and proper. Subordinate officers. SEC. VIII. Be it further enacted, That said mayor and council shall have power to pass and make all ordinances, by-laws, rules and regulations necessary for the good government, peace and order and health of said town, and all ordinances necessary for the carrying into effect the powers herein granted; provided , they be not repugnant to the Constitution and laws of this State and of the United States. General municipal powers. SEC. IX. Be it further enacted, That said mayor and council shall have power to levy and collect a tax of not exceeding one-half of one per cent. upon all property, real or personal, subject to State tax within said corporation. They shall also have power to require all persons within said corporate limits, who are subject by law to road duty, to work on the streets, alleys and sidewalks of said town, but they may receive in lieu thereof such commutation

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fee as may be by said mayor and council prescribed, and which shall be used only in working and improving the streets, alleys and sidewalks of said town. Ad valorem tax. Street working. Commutation fees. SEC. X. Be it further enacted, That the said mayor and council shall have the power to assess and collect such a business or license tax as they may see fit and proper on all kinds of business, trades, professions and occupations conducted within said corporation; also on all shows, exhibitions and performances, on all billiard, pool or bagatelle tables, and on all establishments in said town for amusement and gain; provided , they shall not have power to license any one to sell spirituous or malt or fermented liquors in said town until after such person or persons shall have complied with any local option law which may be in vogue in the county. Business tax. Sale of liquors. SEC. XI. Be it further enacted, That said mayor and council shall have power to provide for the arrest, trial and punishment of offenders for violation of any ordinance, by-law, rule or regulation of said town by fine, imprisonment or work on the streets of said town; provided , such fine shall not exceed fifty dollars and such imprisonment or work shall not exceed thirty days. Offenders against ordinances etc. SEC. XII. Be it further enacted, That it shall be the duty of said mayor and council, at the first meeting in each year to elect one of the councilmen to act as mayor pro tem , and he shall, in the absence, sickness or failure from any cause in the mayor to act, be authorized to do and perform all the duties herein required of the mayor. Mayor pro tem. SEC. XIII. Be it further enacted, That should the office of mayor or alderman, from any cause, become vacant, it shall be the duty of the remaining members to order an election at once to fill such vacancy, such election to be held according to the manner prescribed by section 5 of this Act. Vacancies. SEC. XIV. Be it further enacted, That such mayor and council shall have power to lay out, open, change and abolish streets and alleys in said town as the public interest may require, by paying the owners of property required to be taken for such purposes just compensation for the same. Opening, changing, etc., of streets, etc. SEC. XV. Be it further enacted, That the mayor and council shall have power to provide for the collection of all moneys and said authorities as such by executions to be issued and signed by the mayor or mayor pro tem. and levied by the marshal of said town on the property of the defendant to be found in said county, and said marshal's levies and sales, under such executions, shall be made and had under the same laws which now govern the levies and sales of constables in this State, except that any personal property, sold under such executions, may be sold in said town, and that in case an illegality or claim is interposed to any of such levies, the same shall be returned with all the papers to the justice's court at the district in which the said town is situated when the matter is within justice court jurisdiction; otherwise to the Supreme Court of Dooly county. Executions. Sale of personalty. Illegalities or claims. SEC. XVI. Be it further enacted, That said mayor and council shall keep or cause to be kept open to the inspection of the citizens

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of said town a record of its proceedings in full as well as the acts and doings of all its officers, and a full and itemized statement and account of all moneys received from every source and paid out or expended for any purpose, and showing the amount on hand. Minutes, etc. SEC. XVI. Be it further enacted, That the mayor and council of said town shall not have the right or authority to assess and levy any tax on any field or woodland in said town and laid off into town lots which exceeds one acre, except not more than one acre immediately around any dwelling or business house that may be situated on such field or woodland. Restrictions as to tax on fields or wood lands. SEC. XVIII. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 24, 1890. AMENDING CHARTER OF WAYCROSS. No. 117. An Act to amend section 8 of the charter of the city Waycross, approved November 1, 1889, so as to authorize the establishment of two voting places in said city, one in what is known as Old Waycross, and the other in what is known as New Waycross. SECTION I. The General Assembly of the State of Georgia do enact, That section 8 of the charter of the city of Waycross, approved November 1, 1889, be so amended as to authorize the mayor and council of said city to establish two voting places in said city, one in what is known as Old Waycross, and the other in what is known as New Waycross. Two voting places may be established. SEC. II. And be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act are hereby repealed. Approved December 24, 1890. INCORPORATING TOWN OF ROBERTA. No. 124. An Act to incorporate the town of Roberta, in the county of Crawford, State of Georgia, with certain powers and privileges, 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 town

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of Roberta, in the county of Crawford, be, and the same is, hereby incorporated as a town, under the name of Roberta. The corporate powers of said town shall be vested in a mayor and five councilmen, with power to sue and be sued, to plead and be impleaded, and exercise all the other corporate powers that may be necessary in the performance of their duties. Town of Roberta incorporated. Government and corporate powers. SEC. II. Be it further enacted by the authority of the same, That the corporate limits of said town shall extend from the depot on the A. F. Railroad, in said town, as follows: North, four hundred and ninety-five yards; south, four hundred and ninety-five yards; east, to the original land line running north and south between lots of land numbers one hundred and twelve and one hundred and thirteen in the second land district of the county of Crawford, and west to the western land line of said lot number one hundred and twelve in said second land district of the county of Crawford. Corporate limits. SEC. III. Be it further enacted by the authority aforesaid, That A. J. Danielly be, and he is, hereby appointed mayor, and J. W. Mathews, J. W. Malpass, Frank Danielly, W. W. Jordan and Jonathan Wilder be, and they are, hereby appointed councilmen of said town of Roberta, to continue in office until their successors are elected and qualified. First mayor and councilmen. SEC. IV. Be it further enacted by the authority aforesaid, That on the first Saturday in January, 1891, and annually thereafter, an election shall be held in said town for a mayor and five councilmen, who shall hold their office one year and until their successors are elected and qualified; but none shall vote for or be eligible to the office of mayor or councilmen of said town who do not reside within the corporate limits thereof and who are not qualified to vote for members of the General Assembly of this State. Said election shall be held and conducted in the same manner as elections for county officers of this State, and the certificate of the managers shall be sufficient authority to the persons elected to enter on the discharge of the duties of the office to which they have been elected. Elections to fill vacancies in the office of mayor and councilmen shall be upon twenty days' notice, to be posted before the council chamber door of said town. Elections, terms of office, etc. Vacancies. SEC. V. Be it further enacted by the authority aforesaid, That before entering upon their duties, the mayor or councilmen shall take an oath, before any person qualified to administer oaths, to faithfully perform all the duties of such mayor and councilmen. Official oath. SEC. VI. Be it further enacted by the authority aforesaid, That said mayor and councilmen shall have power to pass all laws and ordinances that they may deem necessary for the government of said town and the protection of property from loss by fire or damage thereby; provided , they be not repugnant to the Constitution and laws of this State and of the United States. Laws and Ordinances. SEC. VII. Be it further enacted by the authority aforesaid, That all the powers enumerated in sections 784, 785, 786, 786(a), 786(b), 786(c), 787, 788, 789, 790, 791, 792, 793, 794, 795, 796, 797, 797(a) of the Revised Code of Georgia of 1882 be, and the same are, hereby

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granted to and are a part of the corporate authority of said town of Roberta. General municipal powers. SEC. VIII. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 26, 1890. AMENDING CHARTER OF QUITMAN. No. 149. An Act to amend an Act to incorporate the town of Quitman, approved December 19, 1859, and the several Acts amendatory thereof, so as to provide for the increased power and authority of the mayor and aldermen to enact all necessary ordinances for the protection of persons and property in said town; to extend the limits of said town to the distance of one mile in every direction from the court-house; to elect a mayor pro tem. and define his powers; to elect a corporation attorney and define his powers and duties and compensation; to provide for granting licenses and collecting fees on billiard tables, ten-pin alleys, gaming tables and stands; to assess and collect a specific tax from hotels, boarding-house keepers, livery and sale stables, transient dealers in live stock, peddlers, hucksters, and all other businesses and pursuits allowed by law; to assess and fix an ad valorem tax on all the property in said town, real and personal; to provide for just returns of all such property, except on church and school property. SECTION I. Be it enacted and so forth, That the incorporate limits of the town of Quitman are hereby declared to be one mile in every direction from the court-house. Corporate limits. SEC. II. Be it enacted and so forth, That all elections of mayor and aldermen may be held once every year, or every two years, as may be provided by the ordinances of said town; that said election shall be held on the last Wednesday of March. Elections. SEC. III. Be it enacted and so forth, That all the property, real and personal, within the corporate limits of said town shall be liable to taxation under the ordinances of said town, unless exempted therefrom by the Constitution and laws of this State passed in pursuance thereof. Property tax. SEC. IV. Be it enacted and so on, That the mayor and aldermen shall have power and authority to enact and pass all ordinances necessary for the protection of person and property in said town not inconsistent with the laws of the State and of the United States. Ordinances. SEC. V. Be it enacted and so on, That the mayor and alderman at the first regular meeting after their election shall elect a mayor pro tem. from their number, and a corporation attorney. The

Page 620

respective duties of said officers shall be defined and set forth by the ordinances of said town as may hereafter be provided. Mayor pro tem. Corporation attorney. SEC. VI. Be it enacted and so forth, That the mayor and aldermen of said town shall have power and authority to enact all necessary laws and ordinances, not inconsistent with the laws of the State and United States, for the general welfare of said town, the preservation of the peace and good order thereof, the protection and safety of person and property therein. General municipal powers. SEC. VII. Be it enacted and so forth, That the mayor, and in his absence or disqualification the mayor pro tem. , shall have power and authority to impose penalties and fines upon persons found guilty of the violation of the laws and ordinances; that all fines, pains and penalties imposed under and by authority of the laws and ordinances of said town shall be recovered by execution, to be issued by the clerk and bearing test in the name of the mayor, to be levied by the marshal; and that such property as may be levied on shall be sold by the marshal, unless the same shall be real estate, in which event the execution, with the levy entered thereon, shall be placed in the hands of the sheriff of the county, who shall proceed at once to sell same as provided by the laws governing sheriff's sales. Penalties for violation of ordinances and laws. Executions etc. SEC. VIII. Be it enacted and so forth, That no person shall be eligible to hold office under these laws and ordinances nor vote in elections except legal electors, bona fide residents of said town at the time of such election. Qualifications for office and of voters. SEC. IX. Be it enacted and so forth, That the salaries of the officers of said town shall be fixed at the first regular meeting after the election of the mayor and aldermen, and that said officers shall be exempt from jury duty during their terms of office. Salaries. SEC. X. Be it enacted and so forth, That said mayor and aldermen shall have power and authority to assess and collect an ad ralorem tax of not exceeding one per centum on the value of all property subject to taxation under the Constitution and laws of this State, and in addition thereto a specific tax or license on the various businesses, trades, avocations and callings conducted and carried on in said town; to appoint committees to supervise the returns of all tax-payers; to increase and properly adjust the property of the tax-payer, and to increase the values assessed, if in their judgment the same should be done, for the purpose of equalizing the burden of taxes upon the people. Should any dispute arise between the tax-payer and said committee upon the question involved, an appeal may be made to the mayor and aldermen, and such appeal shall be heard at the first regular meeting, subject to continuances for good cause shown; that no appeal as herein provided shall suspend the collection of such tax; that if upon hearing such an appeal, the action of the committee should be reserved or modified, the tax paid shall be repaid to the tax-payer in whole or in part as may be ordered by the council. Ad valorem tax. Specific taxes or licenses. Tax returns etc. Disputes as to tax valuations. Appeals. SEC. XI. Be it enacted, etc., That it shall be lawful for the treasurer of said town to issue fi. fas. for the collection of all taxes due

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the town against defaulting tax-payers, and place the same in the hands of the marshal for enforcement; that said mayor and aldermen shall pass all necessary laws and ordinances on this subject. Tax executions. SEC. XII. Be it further enacted, That all laws and parts of laws in violation of this Act be, and the same are, hereby repealed. Approved December 26, 1890. INCORPORATING TOWN OF BISHOP. No. 156. An Act to incorporate the town of Bishop in the county of Oconee; to appoint mayor and councilmen thereof, and to grant certain powers and privileges to said town, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act, the town of Bishop, in the county of Oconee, said State, be, and the same is, hereby incorporated under the name and style of the town of Bishop. The corporate powers of said town shall be vested in a mayor and five councilmen, and by the name of the mayor and council of said town they may sue and be sued, plead and interplead, and exercise all other corporate powers that may be necessary in performing their duties. Town of Bishop incorporated Corporate name and powers. SEC. II. Be it further enacted by authority of the same, That the corporate limits of said town shall extend one-half mile equidistant in every direction from the depot on the Covington and Macon Railroad in said town. Corporate limits. SEC. III. Be it further enacted by the authority aforesaid, That A. C. Jackson be, and he is, hereby appointed mayor of said town, and that G. P. Elder, G. D. Cook, W. H. Bishop, R. T. Durham and T. A. Hale be, and they are, hereby appointed councilmen of said town, to hold their offices until the first annual election in said town in the year 1891, and until their successors are elected and qualified, and they shall enter upon their duties immediately after the passage of this Act. First mayor and councilmen. SEC. IV. Be it further enacted by the authority aforesaid, That an election shall be held in said town at such place as the mayor thereof shall designate, on the third Saturday in December, 1891, and on the third Saturday thereafter in December in each year, for mayor and five councilmen, who shall hold their offices for one year or until their successors are elected and qualified; and if there should, for any cause, be a failure to hold said election at the time specified, then and in that event the mayor, or mayor pro tem. , if there be no mayor or he is absent, shall order an election held in said town by posting notices in three public places in said town for ten days before said election. The polls at all elections in said town shall be opened at 10 o'clock A. M. and close at 3 o'clock P. M. There

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shall be three managers of such elections, who shall be a justice of the peace and two freeholders or three freeholders, and said elections shall be conducted as election for members of the General Assembly are conducted. The superintendents or managers of such election shall issue a certificate of such election to such persons as receive the highest number of votes, which certificate may be as follows: The undersigned superintendents of an election held this the..... day of....., 18....., in the town of Bishop, in the county of Oconee, for mayor and councilmen, do certify that..... received the largest number of votes for mayor, and..... received the highest number of votes for councilmen, which certificate shall be signed by the superintendents. Election and terms of office. SEC. V. Be it further enacted, That before entering upon the discharge of their duties, the mayor and each councilman shall take and subscribe the following oath: I do solemnly swear that I will faithfully discharge the duties devolving upon me as mayor or councilman (as the case may be) of the town of Bishop, to the best of my ability and understanding, so help me God. Official oath. SEC. VI. Be it further enacted, The mayor of said town shall, by virtue of his office, be also clerk and treasurer of said mayor and council, and shall, as such clerk and treasurer, give a bond for the faithful discharge of his duties, payable to the council of said town and to their successors in office, the amount of which bond shall be fixed by the council each year, and shall be accepted by them when executed, and shall be recorded on the minutes and be kept in the custody of the mayor pro tem. Clerk and treasurer. Bond. SEC. VII. Be it further enacted, That the term of office of the mayor and councilmen, after those appointed by this Act, shall begin the first Monday in January and continue for one year and until their successors are elected and qualified. The mayor and councilmen shall hold their meetings on the fourth Saturday in each month, unless changed by said mayor and council. If necessary the council shall elect a marshal, prescribing his duties and his compensation. If there be no marshal elected by the council and an emergency arises the mayor shall be empowered to appoint a marshal. Term of first officers. Meetings of council. Marshal. SEC. VIII. Be it further enacted, That the marshal of said town, when elected, or when appointed, shall be empowered to arrest any person or persons who may act disorderly in said town and take them before the mayor for a hearing, and to perform such other duties as may be required of him by the mayor and councilmen. Powers of marshal. SEC. IX. Be it further enacted, That the mayor and council of said town shall have power and authority, from time to time, to make, ordain and establish such by-laws, ordinances, rules and regulations as shall to them appear necessary and proper for the security, welfare, convenience and interest of said town of Bishop and the inhabitants thereof, and for the preservation of the health morals, peace, order and good government of the same and not inconsistent with the Constitution and laws of the State of Georgia. General municipal powers. SEC. X. Be it further enacted, That the mayor of said town, whenever the ordinances and so forth of said town that shall be

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enacted by the mayor and council shall be violated by any person, shall have authority to fine such person in a sum not to exceed one hundred dollars, and in default of the payment of said fine to work such person on the streets of said town for not more than thirty days, or to confine him in a prison or guard house for not more than thirty days; or said fine may be collected by execution issued upon said fine, which execution shall bind all the property of the person so fined except such liens as are superior to it. Penalties for violation of ordinances, etc. SEC. XI. Be it further enacted, That so much of the laws contained in part 1st, title T, chapter 1st of the revised Code of Georgia, not in conflict with this Act, shall be, and the same are, hereby made applicable to the government of the town of Bishop. Powers set forth in part 1, title 7, chapter 1 of the Code conferred. SEC. XII. Be it further enacted, That all laws or parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 26, 1890. AMENDING CHARTER OF METCALF. No. 161. An Act to amend the charter of the town of Metcalf, in the county of Thomas. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That the Act incorporating the town of Metcalf, in the county of Thomas, approved October 29, 1889, be amended by striking out section 2 of said Act and inserting therefor as section 2 of said Act the following, to-wit: Section 2. That the corporate limits of said town shall extend one-half mile from the center of the depot used by the Savannah, Florida and Western Railway Company, in said town, in every direction. Corporate limits. SEC. II. Be it further enacted by the authority aforesaid, That said Act be further amended by striking out section 6 of said Act and inserting therefor the following, to-wit: Section 6. Be it further enacted by the authority aforesaid, That nothing in this Act shall be so construed as to give the town authorities the right to license the sale of intoxicating liquors, unless it is by a majority vote of all the legal voters of said town at an election to be held for that purpose, which election shall be advertised by the mayor of said town thirty (30) days before the election is had, and which said election shall be `for license' or `against license.' Sale of liquors. SEC. III. Be it enacted by the authority aforesaid, That section 7 of said Act be amended by striking out one-tenth of one per cent. and inserting therefor one per cent., so that said section, when amended, will read as follows: Section 7. Be it further enacted by the authority aforesaid, That there shall be no taxes collected on property for the years 1889, 1890 and 1891 beyond one per cent. Ad valorem tax for 1889, 1890 and 1891.

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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 December 26, 1890. AMENDING CHARTER OF HARLEM. No. 162. An Act to amend an Act approved October 24, 1870, entitled an Act to incorporate the village of Harlem, in the county of Columbia, and to appoint commissioners of the same, and to point out the mode of electing commissioners and other officers of said town, and to confer certain powers on the commissioners thereof, and for other purposes therein mentioned. SECTION I. Be it enacted by the General Assembly of Georgia That the above recited Act be amended by striking out of line two (2), section 4, the words not exceeding one-third of the State tax, and inserting in lieu thereof the words not exceeding twenty-five cents on each one hundred dollars assessed value, so that said section, when amended, shall read as follows: That said commissioners shall have full power to levy such tax on real property, not exceeding twenty-five cents on each one hundred dollars assessed value, as they may think necessary to advance the interests and promote the welfare of the citizens within said corporation. Ad valorem tax. SEC. II. Be it further enacted, That said Act be further amended by adding the following sections, to be known as sections 14 and 15: Section 14. Be it further enacted, That the town commissioners be empowered to levy a tax of fifty cents on each one thousand dollars, resulting from the gross income of all business done in the town of Harlem. Section 15. Be it further enacted, That the town commissioners be empowered to appoint three (3) assessors to assess the value of real estate not exceeding its actual value, and to assess business as above stated in section 14; said assessors to receive no salary. Business income tax. Tax assessors. SEC. III. Be it further enacted, That all laws in conflict with this Act be repealed. Approved December 26, 1890.

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INCORPORATING THE TOWN OF ASHBURN. No. 166. An Act to incorporate the town of Ashburn, in the county of Worth, to grant certain privileges, and powers to the same, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That Ashburn, in the county of Worth, be, and the same is, hereby incorporated as a town under the name of Ashburn. The corporate powers of said town shall be vested in a mayor, and four (4) councilmen, and by the name of the mayor and council of the town of Ashburn they may sue and be sued, contract and be contracted with, and exercise all other corporate powers that may be necessary for the full and complete fulfillment of their duties. Town of Ashburn incorporated. Town government. Corporate name and powers. SEC. II. Be it further enacted, That the corporate limits of said town shall extend from the G. S. and F. R. R. in north and south direction from said railroad depot one mile each way, and also from said G. S. and F. R. R. depot one-half mile each way both east and west. Corporate limits. SEC. III. Be it further enacted, That ten days after the passage of this Act by the General Assembly and the same shall have been signed by the governor, an election shall be held for a mayor and four councilmen who shall hold their office until a mayor and aldermen are elected at an election to be held on the second Monday of December, 1891, which shall be the day for the annual election for mayor and alderman for said town; but no one shall vote for or be eligible to the office of mayor or alderman who does not reside within the corporate limits thereof, and who is not qualified to vote for members of the General Assembly of this State, and a certificate of managers shall be sufficient authority for the persons elected to enter on the discharge of their duties as such mayor and aldermen. Said certificate shall be recorded by the clerk of said council on the minutes thereof. First election. Subsequent elections. SEC. IV. Be it further enacted by the authority aforesaid, That before entering on the discharge of their duties the mayor-elect and elect councilmen shall subscribe the following oath, which may be administered by any person authorized by the laws of this State to administer oaths: I do solemnly swear that I will faithfully discharge the duties devolving on me as mayor (or councilman as the case may be) of the town of Ashburn, according to the best of my ability, so help me God. Official oath. SEC. V. Be it further enacted by the authority aforesaid, That said mayor and councilmen shall have power and authority to elect such marshals, clerks and other subordinate officers as they may deem necessary for carrying into effect the powers herein conferred upon them, to prescribe the fees and duties of all such officers and require such bonds for the faithful performance of their duties as they may deem necessary and proper. Subordinate officers.

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SEC. VI. Be it further enacted by the authority aforesaid, That the mayor shall be es officio a justice of the peace, so far as to have full authority to issue warrants for any offence committed within the corporate limits of said town and shall have power to compel the attendance of witnesses; to examine them under oath; to admit any offender to bail or commit him to jail for violation of the laws of the State, and admit to bail and commit to the guard house for violation of the ordinances of said town. Mayor ex officio justice of the peace. SEC. VII. Be it further enacted by the authority aforesaid, That the mayor and councilmen shall have full power and authority to pass all ordinances and by-laws that they may deem necessary for the government of said town; provided , they be not repugnant to, or in conflict with, the Constitution and laws of this State or the United States. Ordinances and by-laws. SEC. VIII. Be it further enacted by the authority aforesaid, That said mayor and councilmen shall have power and authority to levy and collect a tax of not exceeding one-half of one per cent. upon all property, both real estate and personal, within the corporate limits of said town. They shall also have power to require all persons within said corporate limits who are subject to road duty under the laws of this State to work on the streets of said town, or they may prescribe a commutation tax, which may be paid in lieu of work on streets, and mayor and councilmen shall have power to lay off, alter and establish streets, to remove obstructions therefrom, and to abate nuisances. Ad valorem tax. Street work. Commutation tax. Laying off, establishing, etc., streets, etc. SEC. IX. Be it further enacted by authority aforesaid, That at the first meeting of said councilmen in each year they shall choose by ballot, from their own members, a mayor pro tempore , who shall, in the absence or disqualification of the mayor, preside over the council when assembled, and exercise all functions and duties of said office at all other times as fully as said mayor would do were he personally present, and in the absence of both the mayor pro tempore and the mayor a majority of the councilmen shall choose one of themselves to act as mayor temporarily. Mayor pro tem. SEC. X. Be it further enacted, That in case of the death, resignation or removal from office, or removal from the town of the mayor, the mayor pro tempore shall order an election to fill such vacancy. Said election shall be held at the council chamber or at such other place as said mayor pro tempore shall designate after advertising the same in three public places in said town ten days prior to said election, and in the newspaper published in said town of Ashburn, county of Worth. Said election shall be held as elections for members of the General Assembly of the State are held. Vacancies. SEC. XI. Be it further enacted, That the mayor and other officers shall receive such pay and compensation as the mayor and councilmen shall deem proper, but their compensation shall not be increased or diminished during their time of office. Compensation of town officers. SEC. XII. Be it further enacted, That the mayor of said town shall hold a police court in said town at any time for the trial and punishment of all violations of the ordinances, by-laws, rules and regulations of said town, the punishment inflicted not to exceed

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a fine of one hundred dollars, or by labor on the streets of said town, or other public work of said town, not to exceed (30) thirty days, or confinement in the guard house of said town not to exceed (30) thirty days, and in addition thereto such cost of the proceedings as may be imposed. Said fine shall be collected by execution, issued by the clerk of council, against the estate, both real and personal, of the offender, if any be found. Police court. SEC. XIII. Be it further enacted, That the mayor and council of Ashburn shall have the sole and exclusive power of granting license to retail spirituous, ale, vinous and malt liquors and cider in the town of Ashburn in any quantity; and of fixing the rates of such license, and the terms on which they shall be issued, of declaring such license void when said terms are not complied with; provided , that said license be not at any time granted for a sum of money less than the amounts required by the local law governing the sale of spirituous, ale, vinous or malt liquors and cider, within the county of Worth, for such license. They shall also have power to regulate and control ten-pin alleys, billiards and pool tables, and prohibit the establishment of said tables and remove or abate said tables and ten-pin alleys when they may deem necessary. Sale of liquors. Ten-pin alleys, billiard tables etc. SEC. XIV. Be it further enacted, That said corporation shall have full power and authority to assess, levy and collect a license tax on all business occupations, theatrical performances, shows, festivals or other entertainments to be given for personal profit, except such as are given for charitable purposes; to fix a license for all livery stables and all buggies, hacks, wagons, carts, drays and other conveyances kept for hire in said town, and fix such rules and regulations as they may deem necessary to govern any person or persons of said town for pay. License tax. SEC. XV. Be it further enacted that all males over sixteen years of age and under the age of fifty years who have resided in said town ten days shall be subject to work the streets of said town not exceeding ten days in each year, or be taxed therefor, as the council may direct and determine, as a commutation for such duty, not to exceed six dollars per year. The collection of said sum may be enforced by execution against the party, and said persons shall not be liable for road duty out of said town. Who subject to work streets. Time of working. Amount and collection of street tax. SEC. XVI. Be it further enacted, That the mayor and councilmen of said town shall have full power and authority to open and lay out, to widen and straighten or otherwise change, the streets and alleys of said town, and shall have powr to lay off, vacate, close up, open, alter, curb, pave, drain and keep in good order and repair the roads, streets, bridges, sidewalks, alleys, cross-walks, drains and gutters for the use of the public or any citizen thereof; to protect places of public worship, and regulate the keeping of gunpowder and other combustibles; to provide places for the burial of the dead and regulate interments therein, and to make regulations guarding against fire and to fix and establish fire limits, and, from time to time, to enlarge and restrict the same. Opening, etc., of streets, etc. SEC. XVII. Be it further enacted, That when the mayor shall be presiding at any police court or at any meeting of the council, he

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shall have power to punish for contempt by a fine not exceeding ten dollars, or imprisonment not exceeding forty-eight hours, for each offence. Punishment for contempt. SEC. XVIII. Be it further enacted, That the marshal, or the mayor, or any of the members of the council, or any of the citizens, may arrest without a warrant any person whom he may see in perpetration of a violation of ordinances of said town, and bring the offender before the mayor for trial, and to this end may summons any citizen or citizens of said town as a posse to assist in such arrest. When brought before the mayor, a written or printed accusation shall be preferred against the offender in manner and form as follows: State of Georgia, town of Ashburn. I,....., marshal of said town, in the name and behalf of the mayor and councilmen of said town, charge and accuse..... with the offence of (here state the offence fully), contrary to the laws of said town, the peace, good order and dignity thereof, this..... day of..... (fixing correct date), and shall be signed by the marshal or his deputy, or acting marshal, as prosecutor, and when such accusation is preferred, the same shall be sufficient authority to hold the accused until the first trial of the case, and to that end the accused may be imprisoned, unless he can give a good and sufficient bond and security for his or her appearance at such time as may be required, and if such bond be given and the accused fails to appear at the time fixed for trial, the bond may be forfeited by the council and execution issued thereon by the clerk, by serving the principal, if to be found, and his securities, with a rule nisi . Such rules shall be signed by the clerk and mayor, and should there be defence to said rule, the same shall be heard by any justice of the peace in the militia district in which such town is situated. Arrests [Illegible Text] trials. Accusations, etc. Bond. SEC. XIX. Be it further enacted, That all writs, processes and [Illegible Text] in behalf of said town shall be directed to the marshal of said town and signed in the same manner as other executions. All executions issued in behalf of said town for the collection of taxes, fines, forfeitures or for any other purpose shall be directed to the marshal, signed by the clerk and mayor, and all sales by the marshal of said town shall be advertised, if personal property, by posting such advertisement in three of the most public places in said town for ten days before the sale, and if real estate, the marshal shall advertise same in the newspaper published in said town of Ashburn, Georgia, and shall advertise the same once a week for four weeks and shall sell said real estate only on the first Tuesday in each month. All sales shall take place in front of the council chamber in said town, and when a claim of illegality shall be interposed, the marshal shall not sell, but in case of personal property the claim or illegality shall be returned to the justice court of the district in which said town is situated, to be there tried, unless the amount of the execution shall exceed one hundred dollars; then the same shall be returned to the Superior Court of Worth county, and there tried; and in case of claim of illegality be interposed to sale of real estate the same shall be returned to the Superior Court of the county in which the property is situated, and when there may be a

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claim of illegality interposed, the same rules and laws as regulate claims and illegalities in justice court shall obtain if returnable to justice court, and as obtain in the Superior if returnable to the Superior Court. The same rules and laws governing appeals and certioraris as laid down in Code of this State shall govern appeals and certioraris from decision of mayor or council; provided , all cost be paid in advance, or paupers affidavit provided for in case be filed. Writs, processes, etc. Executions. Advertisement. Sales. Claims or illegalities. Appeals and certioraris. Costs, etc. SEC. XX. Be it further enacted, That all laws militating and in conflict with this Act be, and same are hereby repealed. Approved December 26, 1890. INCORPORATING TOWN OF TURIN. No. 184. An Act to incorporate the town of Turin, in the county of Coweta, to provide a government 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 town of Turin, in the county of Coweta, be, and is, hereby incorporated, and that the corporate limits of said town shall extend one-half mile in every direction from the railroad depot in said town. Town of Turin incorporated. Limits. SEC. II. Be it further enacted, That on each and every second Monday in January after the passage of this Act all the citizens residing in the corporate limits of said town, who shall be entitled to vote for members of the General Assembly, shall be entitled to vote for a mayor and four aldermen, which election, held annually on said day, shall be held in said town and in the manner and under the same rules and regulations as are elections for members of the General Assembly, so far as they are applicable. The polls shall be opened and closed as at county precinets in other elections. Elections. SEC. III. Be it further enacted, That the certificate of the managers of the election, or a majority of them, shall be proof of election, and that before entering upon the duties of their office the mayor and aldermen shall each make and subscribe to an oath to faithfully discharge his duties as an officer of said town. Proof of elections. Official oath. SEC. IV. Be it further enacted, That all contested election cases shall be heard before the managers of the election, under such rules as may be prescribed by the mayor and aldermen, and all vacancies in the Board of Mayor and Aldermen occurring between elections by the people shall be filled by an election by the remaining members of the board. The term of the mayor and aldermen, except when elected to fill an unexpired term, shall be for one year, and until their successors are elected and qualified. Contested elections. Vacancies. Terms. SEC. V. Be it further enacted, That said Board of Mayor and Aldermen shall have full power and authority to alter the rules and

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regulations herein prescribed for the management of elections, to pass all ordinances and by-laws for the government of said town not in conflict with the laws of this State or of the United States, and to enforce the same by execution by fine or imprisonment, and may sentence in the alternative. Said board may provide for the trial of cases and offenders before the mayor, and for an appeal from his decision to a full board or a majority of them. Ordinances etc. Enforcement. SEC. VI. Be it further enacted, That said mayor and aldermen, a majority of whom shall constitute a quorum, shall have power and authority to appoint all officers they may deem necessary for the good of said town, and to carry this Act into effect; to compel all persons in said town liable to road duty to work on the streets, or pay a commutation fee in lieu thereof; to open streets where deemed necessary; to levy and collect an ad valorem tax on all property in said town, and such special taxes upon drays, livery stables, peddlers, billiard tables, sale of spirituous liquors, auctioneers and all like enterprises as they may deem best for said town; provided , however, that nothing in this Act shall be construed to allow said town to levy a tax on lands within its corporate limits which are used exclusively for agricultural purposes. Subordinate officers. Street work. Ad valorem tax. Special taxes. Lands used for agricultural purposes not to be taxed. SEC. VII. Be it further enacted That said Board of Mayor and Aldermen, by their corporate name, Turin, shall have power to sue and be sued, plead and be impleaded with, and have and use all the powers granted by, and embraced in, sections 774 to 797, inclusive, of the Code of 1882, which sections, so far as not in conflict with anything herein stated, are embodied in and made a part of this charter. General corporate and municipal powers. SEC. VIII. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 27, 1890. INCORPORATING TOWN OF SEVILLE. No. 192. An Act to incorporate the town of Seville, in the county of Wilcox, State of Georgia, to define the limits of the same, provide for officers to govern it, prescribe their duties, and other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That the town Seville, in the county of Wilcox, be, and the same is, hereby declared to be incorporated under the name and style of the town of Seville, and as such shall be entitled to sue and be sued, plead and be impleaded and do such other acts as may be authorized under this Act. Corporate name and powers. SEC. II. Be it further enacted by the authority aforesaid, That the corporate limits of said town shall extend one half-mile each way from present site of the S., A. and M. railroad depot. Limits. SEC. III. Be it further enacted, That the government of said town shall be vested in a mayor and four aldermen; that R. E.

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Kelly be appointed mayor, and W. N. T. Harp, N. T. Faircloth, Dr. A. B. McRae and A. Peacock, Jr., be appointed aldermen, to hold their offices until their successors are elected and qualified, as hereinafter provided. Government. First mayor and aldermen. SEC. IV. Be it further enacted, That on the first Saturday in June, 1891, and annually thereafter on the same day in each year, an election shall be held in said town for a mayor and four aldermen, who shall hold their offices for the term of one year, and until their successors are elected and qualified; but no one shall vote for or be eligible to the office of mayor or aldermen of said town who is not qualified to vote for members of the General Assembly of this State. Said election shall be held and conducted in the same manner as elections for county officers in this State, and the certificate of the managers shall be sufficient authority to the persons elected to enter on the discharge of the duties of the offices to which they have been elected. Elections, etc. SEC. V. Be it further enacted, That before entering upon the discharge of their duties, the mayor and aldermen shall subscribe the following oath, which may be administered by any person authorized by the laws of this State to administer oaths: I do solemnly swear that I will faithfully discharge all the duties devolving upon me (as mayor or alderman, as the case may be) of the town of Seville, according to the best of my ability, so help me God. Official oath. SEC. VI. Be it further enacted, That said mayor and aldermen shall have power and authority to pass all ordinances and by-laws which they may deem necessary for the good government of said town of Seville; provided , they be not repugnant or contrary to the Constitution and laws of said State and of the United States. By-laws and ordinances. SEC. VII. Be it further enacted, That said mayor and aldermen shall have power and authority to levy and collect a tax of not exceeding one-fourth of one per cent., upon all property, both real and personal, within the corporate limits of said town. They shall also have power to require persons within the corporate limits of said town who are subject to road duty to work on the streets of said town, or they may prescribe a commutation tax in lieu of work on the streets. Ad valorem tax. Street work. Commutation tax. SEC. VIII. Be it further enacted, That said mayor, if from any cause he fails to act, any three of said aldermen are authorized to try and punish any person charged with violation of any ordinance of said town, and to punish persons proven guilty of such violation by fine not to exceed fifty dollars, or imprisonment not to exceed thirty days. Trial and punishment of offenders against ordinances. SEC. IX. Be it further enacted, That said mayor and aldermen be, and they are, hereby vested with the power to prescribe such rules for the collection of taxes, fines and all other moneys due said corporation, and for the enforcement of all other powers herein given them, as in their judgment may seem proper. Collection of taxes, fines, etc. 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 27, 1890.

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INCORPORATING THE TOWN OF NEW ENGLAND CITY. No. 195. An Act to incorporate the town of New England City in the county of Dade, and define the limits and powers of the same, and for other purposes therein named. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That the town of New England City, in the county of Dade, be, and the same is, hereby incorporated as a town under the name of New England City. Corporate name. SEC. II. Be it further enacted, That the corporate limits of said town shall extend one mile in every direction from where 19th, street crosses the Alabama Great Southern Railroad in said town. Limits. SEC. III. Be it further enacted, That T. J. Lumpkin be, and he is, hereby appointed mayor, and C. P. Day, H. V. Taylor, Thomas-Cummings, W. G. Morrison and E. E. Chalmers be, and they are, appointed councilmen of said town of New England City, who will take and subscribe the oath hereinafter named before entering upon the discharge of their duties, and hold their offices until the first election and qualification of those elected, as hereinafter provided. First mayor and aldermen. Term. SEC. IV. Be it further enacted, That on the Saturday in January, 1892, and annually thereafter, on the same day, an election shall be held in said town for a mayor and five councilmen, who shall hold their offices for one year and until their successors are elected and qualified, but no one shall vote for or be eligible to the office of mayor or councilmen of said town who does not reside within the corporate limits thereof, and who is not qualified to vote for members of the General Assembly of this State. Said elections shall be held and conducted in the same manner as elections for county officers in said State, and the certificate of the managers shall be sufficent authority to the persons elected to enter on the discharge of their duties of the offices to which they have been elected, which said certificate shall be recorded by the clerk of the council in a book to be kept for that purpose. Elections, etc. SEC. V. Be it further enacted, That before entering upon the discharge of their duties, and within ten days after their election, the mayor and each councilman shall subscribe the following oath, which may be administered by any person authorized by the laws of this State to administer oaths: I do solemnly swear that I will faithfully discharge all the duties devolving on me as mayor or councilman (as the case may be) of the town of New England City according to the best of my ability and understanding, so help me God. Official oath. SEC. VI. Be it further enacted, That should the office of mayor or councilman become vacant by death, removal, resignation or otherwise, the remaining members of the council shall order an election by giving ten days' notice, at which time a successor shall be elected for the unexpired term. Vacancies.

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SEC. VII. Be it further enacted, That said mayor and councilmen shall have power and authority to elect such marshals, clerks and other subordinate officers as they may deem necessary for carrying into effect the powers herein conferred upon them; to fix and regulate, from time to time, the salaries and fees, if any, of all officers under this charter; provided, however , that said mayor and councilmen do not receive directly or indirectly for their services as mayor and councilmen over fifty dollars each per annum, but they each and all may, when exercising the functions of justice of the peace, as hereinafter provided, chrage and collect such fees and costs as justices of the peace are allowed to charge and collect under the laws of this State. Subordinate officers. Compensation of mayor and councilmen. SEC. VIII. Be it further enacted, That the mayor and each of said councilmen shall be ex officio justices of the peace, and shall have full authority to administer oaths, to issue warrants for any offence committed against the laws of this State, and shall have power to compel the attendance of witnesses; to examine them under oath; to admit any offender to bail, or commit to jail for the violation of the laws of the State, and to commit to the guard house or admit to bail, or fine for any violation of the ordinances of said town. Mayor and councilmen ex officio justices of the peace. SEC. IX. Be it further enacted, That said mayor and councilmen shall have power to levy and collect, per annum, a tax of not exceeding three-tenths of one per cent. upon all property, both real and personal, within the corporate limits of said town. They shall also have power to require all persons within said corporate limits, who are subject to road duty under the laws of this State, to work on the streets of said town, not exceeding five days in each year, or they may prescribe a commutation tax, which may be paid in lieu of work on the streets. Ad valorem tax. Street work. Commutation tax. SEC. X. Be it further enacted, That the mayor and council shall have power and full authority to charge, assess and collect such special tax as they may deem proper from all persons carrying on any kind of business or calling within the corporate limits of said town. Special taxes. SEC. XI. Be it further enacted, That in all cases where any person or persons who have property of any kind subject to taxation within the corporate limits of said town shall fail, refuse or neglect to pay the taxes imposed according to this Act, the clerk of the council shall issue execution for the same, which execution shall be signed by said clerk and bear attest in the name of the mayor, and be directed to the marshal of said town, commanding him to levy on the goods, chattels, lands and tenements of the defendant or defendants, or so much thereof as shall be sufficient to satisfy the demand and costs, which execution shall bind all the property of the defendant or defendants from the date thereof, and the cost thereof shall be the same as any tax-collector's execution by the laws of this State; and the said marshal shall proceed to advertise and sell in such manner as the laws or ordinances of said town shall direct. Failure to pay tax. Executions. Advertisement and sale under.

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SEC. XII. Be it further enacted, That the mayor and councilmen shall have exclusive power to regulate and control the sale of intoxicating liquors or bitters in said town; to grant licenses, or withhold them; to fix the fee for the same when granted, and to impose penalties upon any persons selling intoxicating liquors or bitters in said town without license, and to pass all ordinances that may be necessary for the good of said town. Sale of liquors. Ordinances. SEC. XIII. Be it further enacted, That the mayor of said town, and in his absence the mayor pro tem , (who shall be elected by the councilmen from their own number), shall he the chief executive officer of said town; he shall see that ordinances, by-laws, rules and orders of the council are faithfully executed, and that the streets of said town are properly worked; he shall have control of the police of said town, and it shall be his duty especially to see that the peace and good order of the town are preserved, and that persons and property therein are protected, and to this end he may cause the arrest and detention of all riotous and disorderly persons in said town, and he shall have power to issue executions for all fines, penalties and costs imposed by him, or he may require the immediate payment thereof, and in default of immediate payment thereof, he may imprison the offender in the guard-house of said town, not exceeding thirty days, or confinement at labor on the streets of said town not longer than twenty days. Duties and powers of mayor. SEC. XIV. Be it further enacted, That all laws and parts of laws in conflict with the provisions of this Act be, and the same are, hereby repealed. Approved September 27, 1891. INCORPORATING THE CITY OF HELENA. No. 198. An Act to incorporate the city of Helena, in the county of Telfair, define its limits, prescribe its municipal powers and privileges, and for other purposes. SECTION I. Be enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act, the city of Helena, in the county of Telfair, is hereby incorporated. Its corporate limits shall embrace and include all the territory contained in the boundary of lots (154) one hundred and fifty-four, (155) one hundred and fifty-five, (156) one hundred and fifty-six, (157) one hundred and fifty-seven, (174) one hundred and seventy-four, (176) one hundred and seventy-six, (177) one hundred and seventy-seven, (184) one hundred and eighty-four, (185) one hundred and eighty-five, (186) one hundred and eighty-six, (187) one hundred and eighty-seven, except the parts of lots (174) one hundred and seventy-four and (187) one hundred and eighty-seven, that is incorporated in the city or town of McRae. City of Helena incorporated. Limits.

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SEC. II. Be it further enacted by the authority aforesaid, That the municipal government of the city of Helena shall consist of a mayor and six aldermen, who are hereby constituted a body corporate under the name and style of the Mayor and City Council of Helena, and by such name they shall have perpetual succession; may sue and be sued, plead and be impleaded; may have and use a common seal, and shall be capable in law and equity to purchase, have, hold, receive, enjoy, possess and retain to them and their successors, for the use of the city of Helena, any estate or estates, real or personal, of whatsoever kind or nature, within the jurisdiction and limits of said city; and may make all such contracts in their corporate capacity as they may deem best for said city. Municipal government. Corporate name and general powers. SEC. III. Be it further enacted, That the terms of office of the mayor and aldermen shall each be four years and until their successors are elected and qualified, except as to three of the aldermen elected at the first election held under this charter, as hereinafter provided. Terms of office. SEC. IV. Be it further enacted, That on the first Tursday in January, 1891, there shall be held in said city an election for mayor, who shall hold his office for four years, and until his successor is elected and qualified, and six aldermen, three of whom shall hold their office for two years, and three of whom shall hold for four years, and until their successors are elected and qualified. At said first election the voters shall designate, upon their ballots, the three men whom they wish to hold office for two years, and the three whom they wish to hold for four years. At said first election all persons residing within the incorporate limits aforesaid who would be qualified to vote for members of the General Assembly shall be qualified electors. After said first election there shall be held every second year, on the first Thursday in January, an election for mayor and three, or for three aldermen only, if the mayor's term of four years is not about to expire. At such subsequent elections all persons who shall have been bona fide residents of said city sixty days before the day of the election, who, before registering, as hereinafter required, have paid all taxes of every description legally imposed and demanded by authority of the city, who shall have been duly registered, as hereinafter provided, and who shall be qualified to vote for members of the General Assembly, shall be qualified electors. Such election shall be conducted under the management of a justice of the peace, and two freeholders who are residents of said city, and not candidates in said election; or in the absence of a justice of the peace any three freeholders, residents of said city, not candidates in said election, may manage the same. Said managers shall conduct such elections as nearly as practicable, as elections for members of the General Assembly are conducted. The polls at such elections shall be opened at 8 o'clock A. M., and closed at 3 o'clock P. M. After the first election held under this charter, the mayor and city council may appoint any three freeholders, or any two freeholders and a justice of the peace, who are residents of said city, to conduct said elections.

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The managers shall each before proceeding with election, take and subscribe the following oath: All and each of us do swear that we will faithfully superintend this day's election; that we are qualified, by being freeholders or justice of the peace, to hold the same; that we will make a just and true return thereof, and not knowingly permit any one to vote unless we believe that he is entitled to do so, according to the charter of this city, nor knowingly prohibit any one from voting who is so entitled, and that we will not knowingly divulge for whom any vote was cast unless called upon under the law to do so, so help us God. Said affidavit shall be signed by each superintendent or managers, in the capacity in which he acts. Said oath shall be made and subscribed, before some officer authorized to administer oaths, if any such be present, and if no officer is present said oath may be made and subscribed by each manager in the presence of the other. The managers acting at the first eleciion held under this charter shall issue a certificate of election, which shall be recorded on the records of said city; said certificate shall be sufficient authority to the persons so elected to enter upon the discharge of their official duties, after qualification as hereinafter provided. The managers of each subsequent election shall issue to the newly elected mayor and each of the aldermen elected, a like certificate, and shall also certify the result of the election to the acting council, which last certificate shall be entered upon the records of said mayor and city council. Said managers shall also furnish to the city council one of the tally sheets of said election, certified to by them as correct. Elections etc. SEC. V. Be it further enacted, That in the event that the office of mayor or of any one or more aldermen shall become vacant by death, removal, disqualification or other cause, such vacancy shall be filled by a special election to be ordered for that purpose by a majority of the remaining number of said council, which special election shall be held as general elections are held under this charter, and the persons elected shall fill out the unexpired time of their predecessor and hold until their successors are elected and qualified. Vacancies. SEC. VI. Be it further enacted, That before entering upon the duties of their respective offices the mayor and each alderman shall make and subscribe the following oath, which may be administered by any person qualified to administer oaths: I do solemnly swear that I will faithfully discharge all the duties devolving on me as mayor (or alderman as the case may be), of the city of Helena, during my continuance in office, according to the best of my ability and understanding, so help me God. Official oath. SEC. VII. Be it further enacted, That the mayor and aldermen shall elect annually, at the first regular meeting of the city council in January, a mayor pro tem. from the aldermen, whose duty it shall be to act in all cases as mayor in the absence, disqualification or sickness of the mayor, during which time he shall be clothed with all the necessary powers of the mayor; a city marshal, a clerk and treasurer, and when the growth of the city may require additional

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police protection, such number of policemen as they may deem best. All of said officers shall hold their office for one year, and until their successors are elected and qualified; provided , that any of said officers may be removed at any time by a majority vote of the mayor and city council, for neglect of duty, incapacity or malfeasance in office. All of said officers shall be governed by such rules and regulations as may be prescribed by the mayor and city council, which are not inconsistent with the provisions of this Act. The mayor and city council may also appoint special policemen, when in their judgment such appointment may be necessary; such policemen to be discharged when the emergency requiring their service has passed, and to be compensated as the mayor and council may determine; or the city council may, by a general ordinance, provide for the appointment, at a fixed compensation per day, week or month, of such special policemen by the mayor. While such special policemen are on duty they shall have the same authority in preserving order, and be charged with the same duties as are prescribed for the regular policemen of the city. Mayor pro tem. Marshal, clerk and treasurer and police force. Special policemen. SEC. VIII. Be it further enacted, That after the first election held under this charter no person shall be allowed to vote in any election held for said city who has not been duly registered, as hereinafter provided. After first election registration required. SEC. IX. Be it further enacted, That it shall be the duty of the clerk and treasurer, upon the first Monday in December previous to each regular election, to open a registration list or book for the registration of the qualified voters of said city. Said list shall be kept open from 9 o'clock A. M. until 12 M., and from 2 o'clock P. M. until 5 o'clock P. M. each and every day (Sundays and legal holidays excepted), until the fourth Monday in December, when it shall be fairly and absolutely closed. It shall be the duty of the clerk and treasurer, upon application in person and not by proxy, of any male citizen, who is qualified to vote for members of the General Assembly, who has paid all taxes of every character legally imposed and demanded by the authority of the city, and who, upon the day of the election, if then a resident, will have resided in said city sixty days prior thereto, to register the name of such person, recording on said list, besides the applicant's name, his age, occupation or business, and the locality in the city where he resides. Said clerk or treasurer shall not knowingly permit any one to register who is not lawfully entitled to do so; and may, in any case, before registering the applicant, administer to him the following oath: You do solemnly swear that you are a citizen of the United States; that you have resided in Georgia for twelve months, in this county for six months and in this city for sixty days next preceding this registration (or that by the date of the next city election), if still a resident of the city, you will have fulfilled these conditions; that it is your intention to remain a resident of this city until the day of the election; that you are twenty-one years old; that you have paid all taxes due the city of Helena, and that you have made all returns required of you by the ordinances of this city, so help you God. Regulations as to registration.

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SEC. X. Be it further enacted, That it shall be the duty of the clerk and treasurer to prepare a list of the names registered, arranged in alphabetical order, and publish the same in some newspaper published in said city between the time of said registration list and the day of the election, or if there be no such newspaper or no issue thereof in which said list can be published, then he shall post copies of said alphabetical list of the registered voters in at least two of the most public places in said city for two days before the election. It shall also be the duty of the clerk and treasurer to furnish the managers of the election, at or before the opening of the polls on the day of the election, with a complete list of all the registered voters arranged in alphabetical order, certified to under the hand of the clerk and treasurer and the corporate seal of the city. Said list shall be kept by the managers before them for their inspection during said election, and they shall not permit any one to vote whose name does not appear upon said list, and when said election is over, it shall be the duty of the said managers to return said list to the city clerk and treasurer to be by him safely kept and preserved. Lists to be published. And furnished to election managers. Use of by managers, etc. SEC. XI. Be it further enacted, That any person voting at any city election who is not qualified to vote according to the provisions of this charter shall be guilty of a misdemeanor, and upon conviction thereof in the Superior Court of Telfair county, he shall be punished as prescribed in section 4310 of Code of this State of 1882. Illegal voting. SEC. XII. Be it further enacted, That any person qualified to vote in said city election, as above provided for, shall be eligible to hold any office in said city. Qualifications for office. SEC. XIII. Be it further enacted, That the salaries of all officers of the city of Helena shall be fixed by the mayor and city council at the first regular meeting after their election, which salaries shall not be increased nor diminished during the term of office of said officers. Salaries of officers. SEC. XIV. Be it further enacted, That the mayor and city council shall have full power to levy and collect an ad valorem tax, not to exceed one per cent., upon all property, real or personal, within the incorporate limits of the city which is taxable under the laws of this State. Said ad valorem tax shall be for the purpose of defraying the general expenses of the city government. Ad valorem tax. SEC. XV. Be it further enacted, That said mayor and city council shall have authority, in addition to the ad valorem tax above provide for, to levy and collect a specific tax upon all billiard tables, ten-pin alleys or nine-pin alleys, and all tables and alleys of any kind used for the purpose of playing with balls or pins or both within said city, and on all contrivances of whatever kind used for the purpose of gaming or carrying on a game of chance by selling cards, tickets or numbers, or by turning a deal or wheel, selecting or designating cards, pictures, envelops or photographs from a number of similar articles or objects, or by pitching rings at sticks or knives, or by throwing dice or by any other artifice or contrivance whatever not inconsistent with the laws of the State. They shall also have authority to levy a tax, in such sums as they see proper,

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upon all circuses, sleight of hand performances, tricks of legerdemain, theatrical exhibitions and other shows which may exhibit in said city, such taxes to be for each exhibition, and to be collected, if not voluntarily paid, by executions, as hereinafter provided in this Act for other taxes. Said mayor and city council shall also have authority to levy and collect such license taxes upon any or all business occupations of whatever kind or character carried on for any length of time in said city as they may see proper, and to enforce the collection of the same as in case of other taxes. Specific taxes. License taxes. SEC. XVI. Be it further enacted, That said mayor and city council shall have full power and authority to remove or cause to be removed all buildings, porches, steps, fences or other obstructions or nuisances in the public streets, lanes, alleys, sidewalks or public squares in said city. They shall have power, if necessary, to establish a market in said city; to regulate all butcher pens, slaughter houses, tanyards, livery stables, blacksmith shops, forges, stoves and chimneys, steam saw mills, steam grist mills, mill ponds, fish ponds and steam gins within said city; and remove, or cause to be removed, the same or any of them in case they become nuisances, dangerous or injurious to the health of the city. They shall have power, also, to fill up all pits, cellars or excavations in said city, or cause the owner to do so, when they shall deem it necessary for the public interest for the same to be done. They shall have power to license and regulate all taverns and public houses; to license and regulate all drays, omnibuses, hacks, wagons and other vehicles owned or kept for use and hire in said city, and to regulate and control all public pumps and wells, fire companies and engines, or any apparatus of like character in said city. They shall have power to remove, or cause to be removed, all dilapidated or unsafe buildings, fences, chimneys, etc., which may be considered dangerous or considered a nuisance. Removal of buildings, etc. Markets, etc. Nuisances. Pits, cellars, etc. Public houses. Drays, etc. Pumps, wells, fire companies, etc. SEC. XVII. Be it further enacted, That said mayor and city council of Helena shall have power to license and appoint annually as many auctioneers or vendue masters for the city as they may deem proper, and to fix and collect the amount of license fees required of each. They shall further have power to levy a tax upon all goods at auction in said city, to be paid by the auctioneer. They shall have power and authority to license all other occupations or business not herein specially provided for and not otherwise taxed. Auctioneers. Tax upon goods sold at auction. General power as to license tax. SEC. XVIII. Be it further enacted, That said mayor and city council shall have power and authority to open, lay out, widen, straighten or otherwise change the streets and alleys of said city, and shall have power to lay off, vacate, close up, open, alter, curb, pave, drain and repair the roads, streets, bridges, sidewalks, alleys, cross-walks, drains and gutters for the use of the public or any citizen of the city. They shall have power to protect places of public worship; to provide places for the burial of the dead and to regulate interments therein; to regulate the keeping of gunpowder and other combustibles and explosives; to make regulations for guarding against fire, and to fix and establish fire limits, and, from time to time, to change, enlarge or restrict the same. General municipal powers.

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SEC. XIX. Be it further enacted, That said mayor and city council shall have power and authority to pass all such ordinances and regulations for the government of said city, for the suppression of disorderly conduct, the protection of life and property, the maintenance of the public peace and the protection of the public health which are not repugnant to the Constitution and laws of this State or of the United States, as they may see proper to do, and to prescribe and enforce penalties for the violation of the same. SEC. XX. Be it further enacted, That all male residents of said city between the ages of sixteen and fifty (except licensed ministers of the gospel in charge of one or more churches) shall be subject to work the streets of said city not to exceed ten days in each year, or to pay a commutation tax in lieu thereof not to exceed five dollars, as the mayor and council may determine. Should any person liable to work the streets of said city under this section fail or refuse to do so, or to pay the street tax assessed in lieu of such service after having received due notice from the marshal so to do, such person may be sentenced by the mayor to work upon the streets of said city for and during the time of not exceeding fifteen days, under the direction and control of the city marshal, or to confinement in the guard house for a term not exceeding ten days, in the discretion of the mayor. Who subject to do street work. Time of working. Amount of street tax. Failure to work or pay street tax. SEC. XXI. Be it further enacted, That should any person fail or refuse to pay the city tax or license, or tax and license imposed by the city authorities according to this charter within the time allowed or prescribed by the ordinances of said city, the clerk and treasurer shall issue an execution against such delinquent tax-payer for the amount due by him to the city, which shall be signed by the clerk and treasurer, in his official capacity, and bear test in the name of the mayor and city council of Helena. Said execution shall bind all the property that said defaulting tax-payer owned in said city on the first day of April in the year for which such taxes are due. Said execution shall be directed to and enforced by the marshal of said city, who, after levying the same upon the property of such defaulting tax-payer, shall, if the property levied upon be personal property, advertise the sale by posting a notice thereof in three of the most public places in said city for ten days before the sale; and if the property be real estate he shall advertise the same once a week for four weeks in the public gazette wherein the sheriff sales of Telfair county are advertised before selling the same. All sales under such execution shall be made by the city marshal, before the door of the council chamber, or at such place as the mayor may direct, notice of which place and the time of the sale shall be contained in the advertisement. The property levied upon shall be sold by the marshal at public outcry, within the hours allowed by law for the sheriff sales, to the highest and best bidder. Where personal property is sold the marshal shall deliver possession thereof on the spot to the purchaser. Where real estate is sold the marshal shall make to the purchaser a deed, which shall be as effectual in passing the title as tax deeds are under the laws of this State; and it shall be the duty of such marshal, upon application

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by the purchaser or his agent, to put said purchaser or his agent in possession of the real estate sold; provided , said marshal shall not be authorized to turn out any other person than such delinquent tax-payer, his heirs, tenants or assignees since the lien of the city for taxes attached. The clerk and treasurer shall be entitled to fifty cents costs for each fi. fa. issued, and the marshal to the same fees for levies as are by law allowed to bailiffs in this State, and to the same fees for selling as are received by the sheriffs of this State. Failure to pay taxes or for licenses. Execution. Advertisement and sale. Cost and fees. SEC. XXII. Be it further enacted, That said mayor and city council of Helena shall have power and authority to establish and provide regulations for a city guard house in which to confine for punishment, when necessary, persons sentenced by the mayor for violating any of the city ordinances, or any of the penal sections or provisions of this charter, and for the safe detention of all disorderly persons and all persons committing or attempting to commit crimes. Guard houses. SEC. XXIII. Be it further enacted, That the marshal or any policeman of said city shall have the right to take up all disorderly persons and all persons committing or attempting to commit any crime, and to confine them in the guard house to await their trial. Arrests. SEC. XXIV. Be it further enacted, That the mayor and members of council shall be bound to keep the peace, and for this purpose shall be ex officio justices of the peace, so to enable them, or either of them, to issue warrants for offences committed within the jurisdiction of the city of Helena, and shall have full power, on examination, to commit the offender or offenders to the guard house in said city, or to the jail of Telfair county, or to bail them, if the offence be bailable, to appear before the next Superior Court of Telfair county. Mayor and councilmen ex officio justices of the peace. SEC. XXV. Be it further enacted, That the mayor of said city, or the mayor pro tem. when acting as mayor, shall have power and authority to hold a police court for the trial and punishment of all violators of the ordinances, rules or regulations of said city, and upon conviction to punish such offenders by a fine not to exceed fifty dollars and costs, or by labor on the streets of said city, under the control and direction of the city marshal, not to exceed forty days, or by confinement in the guard house not to exceed thirty days. The mayor may, in his discretion, sentence the offender to imprisonment in the guard house, or to work upon the streets for a specified time, and allow in such sentence a commutation of such punishment upon the payment of a specified fine, not to exceed fifty dollars and costs. The mayor, when presiding in such police court, shall have authority to punish for contempt by a fine not exceeding five dollars, or imprisonment in the guard house not to exceed forty-eight hours. Police court. Penalties. SEC. XXVI. Be it further enacted, That whenever any execution issued by the proper authority of said city for fines, forfeitures, taxes, licenses or any other debt or demand due said corporation shall be levied on any property which is claimed by any other person, not a party to the execution, said claims shall be interposed under the same rules, regulations and restrictions as regulate claim

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cases under the laws of this State, and the said claim shall be returned and tried before a jury in the first Justice Court or Superior Court having jurisdiction thereof, as the case may be. Claims. SEC. XXVII. Be it further enacted, That the mayor and city council shall prescribe by ordinance the time and manner in which and the person or persons to whom all property, occupations, etc., shall be returned for taxation by said city. Tax returns. SEC. XXVIII. Be it further enacted, That said mayor and city council shall have power and authority each year, if in their discretion they see proper, to appoint three assessors whose duty it shall be to value the real estate in said city for taxation, and to scrutinize carefully each return of property, real or personal, by any tax-payer of the city, and if, in their judgment, they shall find the property embraced in the return, or any portion of it returned below its value, they shall assess the value thereof within fifteen days. Whenever the assessors shall raise the valuation at which the tax-payer has returned his property, they shall give him written notice of their assessment, and it shall be the tax-payer's privilege, if dissatisfied with the assessment, to have the matter left to three disinterested persons, residents of said city, one of whom shall be selected by him, one by the assessors, and the other by these two so selected, and a majority of these arbitrators shall fix the assessment, which shall be final and conclusive. Tax assessors. Disputed valuation. SEC. XXIX. Be it further enacted, That the clerk and treasurer of the city of Helena shall give bond in a sum to be fixed for his term of office, by the mayor and city council with at least two good securities, conditioned for the faithful performance of his duties as clerk and treasurer of said city, which bond shall be approved by the mayor. He shall also take an oath before the mayor that he will, to the best of his skill and powers, faithfully perform the duties of his office without favor or partiality. Bond of clerk and treasurer. Oath. SEC. XXX. Be it further enacted, That said mayor and city council shall have authority, if in their discretion they see proper so to do, during the month of March in each year, to appoint five fit and proper persons who shall constitute the Board of Health of said city. When the Board of Health is appointed it shall be its duty to meet once a week, or as often as may be necessary; to visit all and every part of the city, and to report in writing to the mayor and city council all nuisances which are likely to endanger the health of the city, or of any neighborhood. Said mayor and city council shall have power, upon the report of the Board of Health, to cause said nuisance to be abated and the recommendations of the board carried out in a summary way, at the expense of the party whose act or negligence caused said nuisance, or of the owner of the premises, as the council may elect. Board of Health. Duty. Report. Abatement of nuisances. SEC. XXXI. Be it further enacted, That said mayor and city council shall have power and authority, upon the recommendation of the Board of Health, to cause the owners of lots or parcels of land in said city to drain the same, or to fill the same to the level of the streets or alleys upon which they front, or to drain any pond or pool of water thereon; also to compel the owner or owners of cellars,

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occasionally holding water, to cause the same to be emptied of the water, or filled up, if necessary; and in case the owner of said lot or lots or parcel or parcels of land shall fail or refuse, after reasonable notice to him or his agent, to comply with the requirements of said mayor and city council by filling up said lots or parcels of land, or by draining the same, or by draining any pond or pool of water thereon, or by emptying or filling up said cellars, it shall be lawful for the said mayor and city council to employ some one or more persons to do the same; and for the amount expended for this purpose the clerk and treasurer shall forthwith issue an execution against the owner of said property, to be collected from said lot or parcel of land or out of any other property belonging to him; and a sale under such execution by the marshal shall pass the title as completely to the purchaser as a sale under a tax fi. fa. does under the laws of this State. They shall also have authority, upon the recommendation of such Board of Health, to make and enforce (for any length of time) such rules and regulations as they may deem proper to prevent the introduction into said city of any infectious or contagious disease, or to isolate, localize or prevent the spread or increase of the same when found in the city. The power and authority conferred in this and the preceding section may be exercised by the mayor and city council, in their discretion, without the recommendation of the Board of Health, if, at the time, no such board exists in the city. Drainage of town lots, cellars, etc. Quarantine powers. SEC. XXXII. Be it further enacted, That said mayor and city council shall have the right at any time to fill any vacancies that may occur in said Board of Health. Vacancies in Board of Health. SEC. XXXIII. Be it further enacted, That the provisions of this charter may be pleaded and shall be a complete defence to any action brought against the said mayor and city council, or either of them, for any act or acts done by them, or either of them, under and in accordance with its provisions and the ordinances passed in pursuance thereof. This Act a defence for acts done under its provisions, etc. SEC. XXXIV. Be it further enacted, That said mayor and city council shall have power and authority to compel the owners or lessees of property to pave or otherwise keep in good order and condition, as they may direct, the sidewalks in front of such property. They may restrict the operation of any ordinance passed in pursuance of the power conferred in this section to any designated part of the city or in any way that they deem best. Should any owner or lessee fail or refuse to comply with any ordinance passed in pursuance of this section, the work may be done by the city and the expense attending the same collected by execution issued against said owner or lessee. Sidewalks. SEC. XXXV. The mayor who presides in the mayor's court may call said court whenever he may deem it necessary to clear the guard house or dockets of said court. Mayor's court may be held whenever necessary. SEC. XXXVI. 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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EXTENDING CORPORATE LIMITS OF AMERICUS. No. 199. An Act to extend the corporate limits of the city of Americus in a southeasterly direction so as to include Leeton Park and the street railway. 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 corporate limits of the city of Americus (which now embraces all the territory within the circumference of a circle having a radius of one and a fourth miles with the center at the water tower) be, and it is, hereby extended and enlarged so as to embrace the following additional territory, southeast of the present city limits, to-wit: Starting at a point in the west line of South Lee street, where said line intersects the one and one-quarter (1) mile circle described about the water tower as a center, and running thence in a southeasterly direction along said line until it intersects Elm street, continuing along the west line of Elm street to the south line of Elm street as shown in the plat of the lands belonging to the Leeton Park Land Company (which plat is of record in the clerk's office of the Superior Court of Sumter county, Book W, page 617); thence easterly along said line two thousand one hundred and seventy-four feet (2,174) more or less to the west line of Johnson street as shown in the aforesaid plat of the lands of the Leeton Park Land Company, thence north three thousand five hundred and ninety-four feet (3,594) more or less along and in continuation of said line to its intersection with the one and one-quarter mile circle described as aforesaid, said intersection being about eight hundred and sixty-five feet (865) in a southwesterly direction from city limits monument on south side of Felder street, said eight hundred and sixty-five (865) feet being measured on the circumference of circle. Corporate limits extended. Additional territory. SEC. II. Be it further enacted, That all laws in conflict with this Act are hereby repealed. Approved December 27, 1890. SYSTEM OF WATER-WORKS AND SEWERS FOR FORT VALLEY. No. 204. An Act to authorize and empower the city authorities of the city of Fort Valley, Houston county, Georgia, to provide a system of water-works and sewers for said city; to authorize the issue of bonds to construct and maintain the same; to provide for an election by the qualified voters of said city for the purpose of determining whether or not said bonds shall be issued, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That the mayor and council of the town of Fort Valley

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shall be authorized to issue bonds for an amount not to exceed twenty-five thousand dollars ($25,000), to bear a rate of interest not greater than seven per cent (7 per cent.) per annum, payable at such time or times and in such denominations as shall be determined by the subsequent provisions of this Act, for the purpose of establishing and providing a system of water-works and sewers for said town of Fort Valley. Issue of bonds authorized. Amount, rate of interest, etc. Purpose. SEC. II. Be it further enacted, That the mayor and council of said town shall order an election within thirty days from the passage of this Act, for the purpose of submitting to the voters of said town the question of ratifying the provisions of this Act as to issuing of bonds for the purpose of establishing a system of water-works and sewers. All persons qualified to vote for members of the General Assembly, and who have resided six months in said town. shall be entitled to vote in all elections provided for in this Act. All persons who favor the issuing of bonds for said purposes shall have written or printed upon their ballots the words for bonds, and all persons who are opposed shall have written or printed on their ballots the words against bonds. Notice of said election and the date thereof shall be published in the newspapers of the town, and by posting placards in four conspicuous places in said town, for two weeks prior to the day of said election. Election as to issue of bonds. Qualifications of voters. Ballots. Notice of election. SEC. III. Be it further enacted, That in the event that two-thirds of the qualifiod voters of said town shall, at said election, favor the issuing of bonds for said purposes, then it shall be the duty of the mayor of said town to order an election for four commissioners of water and sewers upon the earliest day practical, after giving notice of said election for two weeks in the newspapers of said town and four printed placards posted in conspicuous places in said town. Two of said commissioners shall serve for a term of two years, and two for a term of four years from the day of their election, and until their successors are elected and qualified. At the expiration of the term of the commissioners elected for two years, there shall be another election held, as hereinbefore prescribed, for two commissioners to succeed the two whose terms expire, and these two shall hold office for the term of four years. And the provisions of this section shall apply to all subsequent elections for water and sewer commissioners, except that the commissioners shall be elected for four years. Of the commissioners first elected under this Act, the two receiving the highest number of votes shall serve for four years, and the two others elected shall serve for two years, and in case of a tie, the persons so tying shall decide by lot as to which shall serve four and which two years. In case of a casual vacancy on said Board of Commissioners, the mayor shall order a special election, after giving notice as provided in this section, and the person elected shall fill but the unexpired term of the commissioner who may have vacated his office. No qualification shall be required in electors to vote for members of said Board of Commissioners of water and sewer, other than are required in the second section of this Act. Election of Commissioners of Water and Sewers. Terms of office, etc. Vacancies. Qualifications of electors. SEC. IV. Be it further enacted, That the mayor of said town shall be ex officio a member of said Board of Commissioners, so that the

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board shall consist of the four elected, as provided above, and the said mayor, making five in all. Mayor ex officio member of board. SEC. V. Be it further enacted, That it shall be the duty of the mayor and council of said town to have prepared and printed upon suitable paper of a design to be by said mayor and council determined, of such denominations as they may see fit, blank bonds in sufficient number to meet the probable needs of said Board of Commissioners, and it shall be the duty of said mayor and council to have signed up by the mayor and by the clerk of council bonds of such denominations and to such an amount and falling due at such times as may be required by the Board of Water and Sewer Commissioners. Not, however, in any event to exceed in the total amount twenty-five thousand dollars, none of said bonds to run for a longer term than thirty years, with such coupons attached as may be required by the said Board of Commissioners. And to deliver said bonds, when so executed, to the Board of Commissioners for Water and Sewers, as said board shall require, which bonds shall be countersigned by the president of the Board of Commissioners before they shall be valid. Preparation, etc., of bonds. Not to exceed twenty-five thousand dollars, nor run longer than thirty years. Bonds to be delivered to board. And countersigned by its president. SEC. VI. Be it further enacted, That it shall be the duty of the said Board of Commissioners to negotiate the sale of such an amount of the bonds provided for in section 5 as may be necessary and proper for the purpose of supplying the said water-works and sewers; such bonds to be negotiated at such times and in such amounts as said Board of Commissioners may determine. Said board shall have full power to make all contracts necessary to employ labor for the construction of and the proper keeping of the water-works and sewers, and in every respect to have full and entire control of the construction and management of the said works. The said board shall be charged with the disbursement of the proceeds from the sale of such bonds, and of all other money that may come into their hands as water and sewer commissioners. They shall fix water rates to all persons using water from the water-works and collect the same, pay the necessary expenses of the water, and any surplus remaining in their hands they shall pay into the treasury of the town and take proper receipt therefor, at such times annually as the mayor and council may request them to do so. And shall at the same time submit to the mayor and council of said town an estimate of the amount of money to be raised by taxation the current year for the purpose of meeting interest upon said bonds, and providing an adequate sinking fund for the purpose of retiring all of said bonds within thirty years from the date of their issue. Sale of bonds. Powers and duties of boards. Water rates, etc. Estimates. SEC. VII. Be it further enacted, That said Board of Commissioners shall select one of their number as president, who shall serve two years as president, and shall elect a clerk, who may not be a member of said board, and provide such compensation as they may see proper for said clerk. The mayor of the town who is ex officio a member of the board, shall be president of the board. The clerk shall give such bond as may be determined by the board. Officers of board. Bond of clerk. SEC. VIII. Be it further enacted, That any citizen of said town

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of Fort Valley, who is a freeholders and is twenty-five years of age, is eligible to be a member of said Board of Commissioners. Qualifications of commissioners. SEC. IX. Be it further enacted, That it be the duty of the mayor and council to have kept a strict record of all blank bonds that come into their possession and of all bonds that may be signed by the mayor and clerk of council, in which record shall be given the date of issue, the number, the denomination and date of maturity of said bond. And the clerk of the council shall take a receipt from the president of the Board of Commissioners for each bond delivered to said board; and when all of the bonds that shall be needed by the Board of Commissioners have been delivered to the president of the board, it shall be the duty of the mayor and council to burn all the remaining blank bonds. Record of bonds. Receipt to be taken for bonds delivered to board. And surplus bonds burned. SEC. X. Be it further enacted, That the Board of Commissioners shall also keep a minute and full record of all bonds that may come into their hands, and of the person or persons who purchase the same, together with their date, number, date of maturity and amount of proceeds of same. Record of sales of bonds, 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 December 27, 1890. INCORPORATING THE TOWN OF PEARSON. No. 214. An Act to incorporate the town of Pearson, in the county of Coffee' and provide for the election of a Mayor and Aldermen for said town, and to define the corporate limits for said town, and for other purposes. SECTION I. Be it enacted by the General Assembly of Georgia, That from and after the passage of this Act the town of Pearson, in the county of Coffee, is hereby incorporated as a town, under the name of the town of Pearson. Town of Pearson incorporated. SEC. II. Be it further enacted by the authority aforesaid, That the corporate limits of said town shall extend one-half of a mile in every direction from the center of same. Corporate limits. SEC. III. Be it further enacted by the authority aforesaid, That an election shall be held on the second Tuesday of January, 1891, for mayor and four aldermen, who shall serve until their successors shall have been elected and qualified. First election for mayor and aldermen. SEC. IV. Be it further enacted by the authority aforesaid, That on the second Tuesday in January, 1891, and same day in each year thereafter, an election shall be held for mayor and aldermen of said town; but no one shall vote for or be eligible to the office of mayor or alderman who does not reside within the corporate limits thereof and who is not qualified to vote for members of the General Assembly of this State. Said election shall be held and conducted in the same manner as elections for county officers in this State, and a

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certificate of the managers shall be sufficient authority to the persons elected to enter on the discharge of their duties as such mayor and aldermen. Subsequent elections. SEC. V. Be it further enacted by the authority aforesaid, That before entering on the discharge of their duties the mayor and each alderman shall subscribe the following oath, which may be administered by any person authorized by the laws of this State to administer oaths: I do solemnly swear that I will faithfully discharge all the duties devolving on me as mayor (or alderman, as the case may be) of the town of Pearson, to the best of my ability and understanding, so help me God. Official oath. SEC. VI. Be it further enacted by the authority aforesaid, That the said mayor and aldermen shall have power and authority to elect such marshals, clerks and other subordinate officers as they may deem necessary for carrying into effect the powers herein conferred upon them; to prescribe the fees and duties of such subordinate officers and require such bonds for the faithful performance of their duty as they may deem necessary and proper. Subordinate officers. SEC. VII. Be it further enacted by the authority aforesaid, That the mayor and each alderman shall be ex-officio a justice of the peace, and shall have full power and authority to issue warrants for any offence committed within the corporate limits of said town; and shall have full power to compel the attendance of witnesses and to examine them under oath; to admit any offender to bail or to commit him or her to jail for violation of the laws of this State committed within the corporate limits of said town, and to commit to the guard-house for any violation of the ordinances of said town. Mayor and aldermen ex officio justices of the peace, etc. SEC. VIII. Be it further enacted by the authority aforesaid, That said mayor and aldermen shall have power and authority to pass all ordinances and by-laws that they may deem necessary for the government of said town, which is not inconsistent with the laws of this State or the United States. Ordinances and by-laws. SEC. IX. Be it further enacted by the authority aforesaid, That said mayor and aldermen shall have power to levy and collect a tax, not exceeding one-fifth of one per centum upon all property, both real and personal, within the corporate limits of said town. They may require a license not to exceed fifty dollars on ten-pin alleys, billiard and pool tables and other establishments calculated to encourage idleness, and on all shows and exhibitions performing for the purpose of gain; and shall have power to regulate the sale of liquors in said town and to fix the amount to be paid for license to sell spirituous liquors in said town; provided , said license shall not be less than ten thousand dollars nor more than the above amount; and to pass ordinances for the abatement of nuisances and removing obstructions from the streets of the town; and to lay out streets and to regulate the width and length of the same. They shall also have power to require all persons within said corporation, who are subject to road duty under the laws of this State to work on the streets of said town, or they may prescribe a commutation tax, which may be paid in lieu of said work on said streets, and shall have power to imprison any defaulter who fails or refuses to work

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on said streets when required in the guard house in said town, not exceeding three days for each day he refuses to work. Ad valorem tax. Licenses. Sale of liquors. Nuisances, etc. Streets. Street working. Commutation tax. SEC. X. Be it further enacted by the authority aforesaid, That the mayor of said town, and his absence the mayor pro tem. (who shall be elected by the aldermen from their number), shall be chief executive officer of said town. He shall see that all ordinances, by-laws, rules and order made by said mayor and aldermen are faithfully executed. He shall have control of the police of said town, and may appoint special police when he may deem it necessary. And he shall deem it his duty, especially to see that the peace and good order of said town are preserved, and that persons and property therein are protected, and to this end he may cause the arrest and detention of all riotous and disorderly persons in said town. He shall have power to issue executions for all fines, penalties and costs imposed by him, or he may require the immediate paymant of the same; and in default of immediate payments, he may imprison the offender in the guard house of said town. Duties and powers of mayor. Police. Arrests, etc. Executions. SEC. XI. Be it further enacted by the authority aforesaid, That if at any time the office of mayor and alderman shall become vacant by death, resignation or otherwise, the remaining members of council may fill such vacancy by appointing any citizen of said town eligible to such office. Vacancies. SEC. XII. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 27, 1890. INCORPORATING THE TOWN OF SASSER. No. 226. An Act to incorporate the town of Sasser, in Terrell county, and for other purposes. SECTION I. Be it enacted by the General Assembly of Georgia, That the town of Sasser, in Terrell county, is hereby incorporated under the name of the town of Sasser. Town of Sasser incorporated. SEC. II. Be it further enacted, That the corporate limits of said town shall extend one-half mile in every direction from the house in the third district of said county now occupied by W. A. Anthony and owned by G. W. Varner. Corporate limits. SEC. III. Be it further enacted, That the government of said town shall be vested in a mayor and three councilmen, who may sue and be sued, plead and be impleaded, and perform any and all other Acts necessary for the government of said town under the name of the mayor and council of the town of Sasser. Town government and general powers. Corporate name. SEC. IV. Be it further enacted, That George M. Varner be, and he is, hereby appointed mayor. W. E. Brine, L. Bowen and J. A. Jordon are hereby appointed councilmen of said town, to hold office

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until the first regular election as hereinafter provided for, and until their successors are elected and qualified. Temporary officers. SEC. V. Be it further enacted, That on the first Monday in January, 1891, and on the same day biennially thereafter an election shall be held in said town for mayor and councilmen, whose term of office shall be for two years and until their successors are elected and qualified. No one shall vote for or be eligible to said offices of mayor and councilmen who is not a bona fide citizen of said town and who is not qualified to vote for members of the General Assembly of said State. Said election shall be held and conducted in the same manner as elections for county officers in this State, and the certificate of the managers shall be sufficient authority to the persons elected to enter on the discharge of the duties of the offices to which they have been elected. Elections for mayor and councilmen, etc. SEC. VI. Be it further enacted, That before entering upon the discharge of their duties the mayor and councilmen shall take the following oath, which may be administered by any person authorized by the law of the State to administer oaths: I do solemnly swear that I will faithfully discharge all the duties of mayor or councilman of the town of Sasser to the best of my ability, so help me God. Official oath. SEC. VII. Be it further enacted, That said mayor and council shall have power to levy and collect a tax of not exceeding five-tenths of one per cent. upon all the real and personal property within the corporate limits of said town; to lay out streets and lanes and to compel all persons within said corporate limits, who are subject to road duty, to work on streets of said town, and they may prescribe a commutation tax in lieu of said work on the streets. Ad valorem tax. Streets and street working. Commutation tax. SEC. VIII. Be it further enacted, That the mayor and council of said town shall have exclusive power and authority to regulate the sale of spirituous; vinous and malt liquors in said town; to grant license and fix fees for the same when granted not inconsistent with the laws of said State, and to impose a penalty on persons selling without license. Sale of liquors. SEC. IX. Be it further enacted, That said mayor, and if from any cause he fail to act, any two of the councilmen shall be authorized to try any person charged with the violation of the ordinances of said town, and to punish persons proved guilty, by fine not exceeding fifty dollars or imprisonment not to exceed thirty days, or both. Trial and punishment of violators of ordinances. SEC. X. Be it further enacted, That said mayor and council shall have power to pass such ordinances and laws as they may deem necessary for proper government of said town; to prescribe such rules for the collection of taxes, fines and all other money due the corporation and appoint all officers that in their judgment may be proper for the correct administration of justice in said town. Ordinances etc. Subordinate officers. 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 29, 1890.

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REINCORPORATING THE TOWN OF ROYSTON. No. 227. An Act to reincorporate the town of Royston, in Franklin county, Georgia, define its limits, provide for its government, confer municipal power and privileges upon it, 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 town of Royston, in the county of Franklin, be, and the same is, hereby incorporated under the name and style of the town of Royston, and by that name may have perpetual succession, may have and use a common seal, may sue and be sued, may plead and be impleaded in any court of law or equity in this State; may purchase, have, hold, receive, enjoy and retain to themselves and their successors in office for the use of the town of Royston, any estate or estates, real or personal, of whatever kind or nature, within or without its jurisdictional limits, and may sell or otherwise dispose of the same for the benefit of said town as they may see proper. Corporate name and general powers. SEC. II. Be it further enacted, That the central point in said town shall be the intersection of two diagonal straight lines run as follows, viz.: From the southwest corner of F. B. Cunningham's hotel lot, across Church street to the nearest adjacent corner of the lot whereon P. H. Bowers now lives; then from the southeast corner of D. A. Baker's cotton yard, across Church street to the nearest adjacent corner of the lot whereon Allen S. Turner now resides. Center of town. SEC. III. Be it further enacted, That the territorial limits of said town shall be one-half mile in every direction from said central point. Corporate limits. SEC. IV. Be it further enacted, That the municipal government of said town shall consist of a mayor and five councilmen, a recorder and a treasurer, who shall give such bonds as the council may require, all of whom shall be elected annually and hold their office for one year and until their successors are elected and qualified, each of whom shall take an appropriate oath before entering upon the duties of their respective offices before any person authorized by the laws of this State to administer an oath, and such other subordinate officers, including a marshal or chief of police, as may be appointed by the mayor or elected by the common council, to hold their offices at the will of the appointing or electing power, who shall take an appropriate oath and give such bond as the mayor or council may fix before entering upon the duties for which they were elected or appointed. Municipal government. Bonds, terms, oath etc., of subordinate officers. SEC. V. Be it further enacted, That the present officers of said town, to-wit: C. A. Wilder, mayor, J. D. Veal, W. M. Bowers, W. F. Cunningham, B. E. Bryant and J. P. Shirley, councilmen, J. A. Neese, recorder, and D. A. Baker, treasurer, of said town, be, and they are, hereby declared lawful officers of said town under this charter until the first Saturday in January, 1891, when an election

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shall be held for their successors under such rules and regulations as may be by ordinance adopted, and elections shall be held annually thereafter on the same day. Temporary mayor and councilmen. Elections for mayor and councilmen. SEC. VI. Be it further enacted, That the mayor and common council, or a majority of three, who shall constitute a quorum, shall be the legislative body of said town. The mayor shall preside over said council when assembled for legislative purposes (and in the absence of the mayor a quorum of the council shall elect one of their number to preside as mayor pro tem. ) and decide all points usual to be decided by the presiding officer of any legislative body, but shall not vote on any question except in case of a tie, when he shall cast the deciding vote. Quorum of council. Presiding officer. SEC. VII. Be it further enacted, That the legislative body of said town shall provide by ordinance the manner of holding municipal elections, as well as fix the qualifications of voters and the eligibility of citizens to hold office in said town; provided , such ordinance be not inconsistent with the Constitution and laws of this State and of the United States. Ordinances as to elections, etc. SEC. VIII. Be it further enacted, That if any vacancies occur in in either of the offices provided for in this charter, the common council, or a majority of them, may order an election to fill such vacancy, and the person or persons so elected shall hold their offices until the next regular election thereafter. Removal beyond the limits of said corporation or conviction of a crime involving moral turpitude in any of the State courts shall vacate the office held by the person so removing or convicted. Vacancies. SEC. IX. Be it further enacted, That the mayor, or in his absence or disqualification any one or more of the common council, may hold a court for the trial of offenders against the laws and ordinances of said town, and may punish for any violation of either by fine not exceeding one hundred dollars, imprisonment in the calaboose not to exceed sixty days or work on a street chain-gang or other public works not exceeding sixty days, one or more of these, at the discretion of the trial court. While sitting as a court for the trial of offenders, the said court shall have power to punish for contempt by fine not exceeding fifty dollars or imprisonment or work on the chain-gang or public works not exceeding fifty days, at the discretion of the court. Mayor's court. SEC. X. Be it further enacted, That the mayor of said town shall be ex officio a justice of the peace within the corporate limits of said town so far as to authorize him to issue warrants for offences committed within the corporate limits of said town against the laws of said town and of this State, and to bail and commit for State offences, according to law, and all warrants issued by him shall be directed to the marshal of said town and all and singular the sheriffs and constables of this State, and any one of said officers shall have the same authority to execute said warrants as the sheriffs of this now have to execute criminal warrants. Mayor ex officio justice of the peace. Warrants, etc. SEC. XI. Be it further enacted, That it shall be the duty of the mayor of said town, under direction of a majority of the common council, to lay off and open new streets, vacate, close, alter, widen,

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curb, pave and keep in good order and repair all streets, avenues, alleys, lanes, sidewalks, cross-walks, drains, sewers and gutters for the use of the public or any citizen of said town; to improve and light the same and have them kept free from any obstructions of any kind; to regulate the width of sidewalks and cross-walks on the streets, and to order the same curbed, paved and kept in good order, as they may direct. Streets, sewers, etc. SEC. XII. Be it further enacted, That the legislative body of said town shall have power and authority to establish and regulate markets; to prescribe the time of holding same; to prevent injury or annoyance to the public or individuals from anything dangerous, offensive or unwholesome; to prevent hogs, cattle, sheep, horses, mules, goats asses and all other animals and fowls of all kinds from going at large in said town or in any prescribed territory therein; to protect places of divine worship; to abate or cause to be abated anything which, in the opinion of the mayor or council, is a nuisance; to regulate the keeping and selling of gunpowder, kerosene and all other combustible and hazardous articles of merchandise; to guard against danger and damage by fire; to regulate or prohibit the running of steam engines, whether for factories, furnace, cotton gins, mills, saw mills, or for propelling any other machinery within the corporate limits of said town; to regulate the running of railroad locomotives within the corporate limits; to regulate the running of any and all sorts of vehicles, however drawn or propelled, that may be used on the streets of said town; to provide a cemetery and regulate the burial of the dead therein. General municipal powers. SEC. XIII. Be it further enacted, That the mayor and common council shall have full power and authority to levy and collect a tax upon all and every species of property in said town subject to State and countyt tax; upon banking and insurance capital employed in said town; upon brokers and factors; upon each and every business, calling, trade and profession carried on in said town; upon billiard and pool tables, bowling alleys, bank, insurance, telegraph and express agencies in said town; to tax all the atrical performances, shows and exhibitions for gain or any kind of profit in said town; to tax all itinerant traders or peddlers, all vendors of patent medicines, drugs, books, nostrums or devices of any kind; all solicitors or canvassers selling goods, wares or merchandise by sample, at retail to consumers. All of said taxes (except the tax on real or personal property which shall be ad valorem and not exceeding three-fourths of one per cent. for ordinary current expenses) shall be in the nature of a license, which must be paid in advance of doing business, or carrying on the trade or occupation, or canvassing or offering for sale any of the articles above set forth; and the said mayor and common council shall provide by ordinance for the punishment of all parties required to take out license who do or attempt to do any business before taking out such license and complying fully with all requirements of said mayor and common council made with reference thereto. Taxes. Ad valorem tax. Payment of license tax. Punishment for doing business without license. SEC. XIV. Be it further enacted, That it shall be the duty of every person owning property in said town, either in his or her own

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right, or as agent of another, or in a fiduciary capacity, to make annual returns thereof, under oath, to the recorder of said town in such form and on such blanks as the mayor and council may prescribe for taxation; and upon failure or refusal of any person to make such return, the recorder shall make the returns for taxation of said person, and the property shall be double taxed as now prescribed by law in case of parties failing or refusing to make returns to the tax-receivers in this State. Said mayor and council may relieve from such double tax if they see fit. The mayor and council shall, as soon as practicable after the books have closed each year, carefully examine the returns and correct all such as are in their judgment incorrect, and assess the property returned at such values as shall seem to them fair and equitable, and add to any return the full value of any property not returned, and as soon as said assessments and corrections, if any, are completed, the recorder shall turn over the books for that year to the treasurer of the town who shall proceed to collect the taxes as assessed by the mayor and council. Should any owner or agent object to said assessment, he or she shall have the right to be heard by the mayor and council, whose decision shall be final. The treasurer shall report to the mayor and council all taxes not collected when the books for any year have been closed, and the mayor and council shall order the recorder to issue executions against all persons who have failed to pay by the time fixed for issuing executions, which executions shall be a lien, second only to the lien for State and county taxes, on all property owned by the defaulting tax-payers. The executions shall be turned over to the marshal of said town who shall proceed to collect them in the same way as executions for the State are collected, and shall levy, advertise and sell property subject to such executions under the law governing sheriffs in levying, advertising and selling property under executions for State and county taxes. The deed of the marshal of said town to any property sold under any such execution shall pass the title to said property to the purchaser as completely and absolutely as the deed of such defaulting tax-payer would have done; provided, however , that any person whose property has been sold for taxes be allowed to redeem the same by paying to the purchaser at any time within twelve months from the date of the sale the full amount of his bid with ten per cent. permium thereon. Tax returns. Default. Examination and correction of returns. Collection of taxes. Objections to assessments. Treasurer's report. Executions etc. SEC. XV. Be it further enacted, That should any property levied upon under and by virtue of any fi. fa. issued by the corporate authority of said town be claimed by any person not a party to said fi. fa. , said claim shall be interposed under the same rules, regulations and restrictions as regulate claim cases under the laws of this State; and the said claim shall be returned and tried as other claim cases in the Justice Court or Superior Court having jurisdiction thereof, as the case may be. Claims. SEC. XVI. Be it further enacted, That said mayor and council shall have power to require all persons within said corporate mits who are subject to road duty under the laws of this State to work

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on the streets of said town, or they may prescribe a commutation tax which may be paid in lieu of work on the streets. Street working. Commutation tax. SEC. XVII. Be it further enacted, That said mayor and council shall have the power and authority to lay off fire limits for said town and prescribe the material and manner of erecting or repairing houses of every kind within said limits. Fire limits. SEC. XVIII. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 29, 1890. AMENDING THE CHARTER OF HARRISONVILLE. No. 240. An Act to amend an Act approved November 13, 1889, incorporating the village of Harrisonville, to prescribe the powers and duties of the commissioners, and for other purposes. SECTION I. The General Assembly of the State of Georgia do hereby enact, That from and after the passage of this Act, that the Act entitled an Act to incorporate the village of Harrisonville, in the county of Richmond, to provide for the qualification of voters and election of commissioners for the same; to prescribe the powers and duties of said commissioners and for other purposes, approved November 13, 1889, be, and the same is, hereby amended as follows; That the commissioner of said village shall have full power and authority to lay off, vacate, close, open, alter, curb, pave and keep in good order and repair roads, streets, alleys, sidewalks, cross-walks, drains and gutters for the use of the public or any of the citizens thereof, and to improve and light the same, and have them kept free from obstructions on or over them; to regulate the width of sidewalks on streets, and to order the sidewalks, foot-ways, cross-walks, drains and gutters to be curbed and paved and kept in good order, free and clean by the owner and occupant thereof, or of the real property next adjacent thereto; to establish and regulate market; to prescribe the term of holding the same; to prevent injury or annoyance to the public or individuals from anything dangerous, offensive and unwholsome; to prevent hogs, cattle, horses, sheep and other animals and fowls of all kind from going at large in said village; to protect places of divine worship in and about the premises where held; to abate or cause to be abated anything which in the opinion of a majority of the Board of Commissioners shall be a nuisance; to regulate the keeping of gunpowder and other cumbustibles; to provide in or near the village places for the burial of the dead, and to regulate interments therein; to provide for the regular building of houses or other structures and for the making of division fences by the owners of adjacent premises, and the drainage of lots by proper drains and ditches; to make regulations for guarding against danger or damage by fire; to protect the property or persons of the citizens of said village and to preserve peace and

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good order therein, and for this purpose to appoint when necessary a police force to assist the marshal in the discharge of his duties; to prescribe, impose and enact reasonable fines and penalties, and to organize work-gangs or other means of confinement, and to confine at labor therein for a term not exceeding thirty days persons convicted of violating the ordinances of said village; provided , that said penalty shall be inflicted only as alternative of failure or refusal to pay fines imposed for such violations. Act of Nov. 13, 1889 amended. Streets, sidewalks, alleys, etc. Markets. Public health, etc. Animals running at large. Divine worship. Nuisances. Combustibles. Cemetery. Buildings. Drainage. Fire, etc. Police force. Penalties, etc. SEC. II. Be it further enacted, That the said commissioner shall have full power and authority to require and impose a license tax for the use of the village upon anything to be done within the village for which a State license is required, and also file a bond with sureties conditioned to comply with such license and payable to said village with such penalty as it may think proper, and revoke such license at any time if the condition of said bond shall be broken; and shall have power to license and regulate the management of bar-rooms, saloons, hotels and private boarding houses, livery stables and private and public transportation through the village, and in addition to the ad valorum tax provided for by law to levy a tax on all billiard tables, ten-pin or nine-pin alleys, and tables and alleys of any other kind used for the purposes of playing on with pins or balls or both, within said village, and on all contrivances of whatsoever kind used for the purpose of gaming or carrying on a game of chance by selling cards, tickets or numbers, or turning a deal or wheel by using any other artifice or contrivance, and also have power to tax all shows taxed by the law of this State which may exhibit within said village, all of which tax may be collected, if not voluntarily paid, by execution and levy and sale. License, taxes, etc. SEC. III. Be it further enacted, That said commissioners shall have full power and authority, for the purpose of laying out, opening, altering, widening and extending any and all streets in said village or establishing any water-works, gas-works, electric or other works of public improvement or necessity, to enter into and upon and condemn to public use and occupancy any lands or premises within its corporate limits, whether belonging to natural or artificial persons, upon first paying or tendering to the owner thereof, or to his or her or its legally authorized representative, just and reasonable compensation therefor, which compensation, when not otherwise agreed upon, shall be assessed and determined in the following manner: When the parties cannot or do not agree upon the damage done or compensations tendered, the same shall be ascertained and assessed by three appraisers, one of whom shall be nominated by said owner or owners, the party claiming damages, one by the intendant or mayor of said village, and the other by the Ordinary of the county of Richmond, whose award or that of a majority of them, certified in writing under their hands and seals in duplicate, one for each of the parties in interest, the village of Harrisonville and owner or owners of said land or other property claimed to have been damaged or taken, shall be recorded in the office of the clerk of the Superior Court of said county. The appraisers appointed for the purpose aforesaid shall in all cases in

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making up their award consider the benefits arising from the act done under the authority hereof, and particularly those arising from opening, changing, widening or extending such streets or the establishment of such works, accruing to the owners of such lands or other property claimed to be damaged, and shall set off such benefits against such damages, but in no event giving an award against such owner for an excess of benefits over damages. In case either party shall be dissatisfied with said award he, she or it may, within ten days after the recording of the same in the clerk's office, enter an appeal to the Superior Court of the said county of Richmond, as in other cases of appeal, when the question of damages shall be determined by a jury, but the award of the appraisers, if not appealed from, shall operate and have the effect of a judgment upon which the clerk of the Superior Court of said county of Richmond shall issue execution. Condemnation of private property. SEC. IV. Be it further enacted, That a portion of the northern boundary of said village be changed and the territory included in the following boundaries be, and the same is, no longer included in the territory of said village, to-wit: Commencing at the junction of Turknett Springs road and Macauley street, running on the east side of Macauley street in a southerly direction to Poplar street; thence along the north side of Poplar street in an easterly direction to its end, and from thence on a parallel line with Turknett Springs road and six hundred and seventy-five feet therefrom to the boundary line of the city of Augusta, which is one hundred and fifty feet west of marbury, or Twelfth street; thence along said boundary line in a northerly direction to said Turknett Springs road; thence along said Turknett Springs road in a westerly direction to the aforesaid point of beginning, at the junction of Macauley street and said road. Change of corporate limits. SEC. V. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 29, 1890. INCORPORATING THE TOWN OF KEYSVILLE. No. 246. An Act to incorporate the town of Keysville, in the county of Burke, 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 town of Keysville, in Burke county, is incorporated under the name of the town of Keysville. Town of Keysville incorporated. SEC. II. Be it further enacted, That the corporate limits of said town shall extend one-half mile in every direction from the school house now located in said town of Keysville; but the town council, which is hereafter to be created by this charter, shall in no wise be responsible for keeping up the bridge and causeway that may be in

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its limits over Brier creek, but the same shall be kept up as now by the county authorities. Corporate limits. Bridge, etc, over Brier creek. SEC. III. Be it further enacted, That the government of said town shall be vested in a mayor and five councilmen, who may sue and be sued, plead and be impleaded and perform any and all other acts necessary for the government of said town under the name of the mayor and council of the town of Keysville. Town government and general powers. Corporate name. SEC. IV. Be it further enacted, That on the first Monday in January, 1891, and on the same day annually thereafter, an election shall be held in said town for mayor and councilmen, whose term of office shall be for one year and until their successors are elected and qualified. No one shall vote for or be eligible to said offices of mayor and councilmen who is not a bona fide citizen of said town and who is not qualified to vote for members of the General Assembly of said State. Said election shall be held and conducted in the same manner as elections for county officers in this State, and the certificate of the managers shall be sufficient authority to the persons elected to enter on the discharge of the duties of the offices to which they have been elected. Elections, etc. SEC. V. Be it further enacted, That said mayor and council shall have power to levy and collect a tax of not exceeding five-tenths of one per cent. upon all the property, real and personal, within the corporate limits of said town; to lay out streets and lanes, and to compel all persons within said corporate limits who are subject to road duty to work on the streets of said town, and they may prescribe a commutation tax in lieu of said work on the streets. Ad valorem tax. Street working and tax. SEC. VI. Be it further enacted, That before entering upon the discharge of their duties, the mayor and councilmen shall take the following oath, which shall be administered by any person authorized by the laws of this State to administer oaths: I do solemnly swear that I will faithfully discharge all my duties of mayor, or councilmen, of the town of Keysville to the best of my ability, so help me God. Official oath. SEC. VII. Be it further enacted, That the mayor and council of said town shall have exclusive power and authority to regulate the sale of spirituous, vinous and malt liquors in said town, to grant license and to fix the fee for the same when granted, not inconsistent with the laws of said State, and to impose a penalty on persons selling without license. Sales of liquors. SEC. VIII. Be it further enacted, That said mayor, and if from any cause he fail to act, any two of the councilmen, shall be authorized to try any person charged with the violation of the ordinances of said town, and to punish persons proved guilty by a fine not exceeding fifty dollars, or imprisonment not to exceed thirty days, or both. Trial and punishment of offenders. SEC. IX. Be it further enacted, That said mayor and council shall have power to pass such ordinances and laws as they may deem necessary for the proper government of said town, to prescribe such rules for the collection of taxes, fines and all other money due the corporation, and appoint all officers that in their judgment may be proper for the correct administration of justice in said town. Ordinances etc. Subordinate officers.

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SEC. X. Be it further enacted, That the provisions of this Act shall go into effect as soon as the mayor and councilmen that are elected in the election provided to be held in January, 1891, can take the oath of office. When this Act takes effect. 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 29, 1890. INCORPORATING THE TOWN OF LAKE PARK. No. 249. An Act to incorporate the town of Lake Park, on the Georgia Southern and Florida Railroad and in the county of Lowndes, to grant certain powers and privileges to the same, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act the town of Lake Park, on the Georgia Southern and Florida Railroad and in the county of Lowndes and said State, be, and the same is, hereby incorporated and made a body politic, and shall have and use a common seal; shall have perpetual succession, be capable to sue and be sued, to contract and be contracted with; shall have power to purchase, lease, hold, receive, enjoy, possess and retain any estate or estates, real or personal, of whatever kind or name, within its corporate limits, and to sell, exchange, lease or convey the same, and to do all other acts not inconsistent with the laws of the States. The corporate powers of said town shall be vested in and exercised by a mayor and four aldermen, under the name and style of the town of Lake Park. Town of Lake Park incorporated. General corporate powers. Corporate name. SEC. II. Be it further enacted, That the corporate limits of said town shall extend one-half () mile in every direction from block fourteen (14) in the plan of said town as surveyed and platted by Arthur Pew, Esq., in June, 1890. Limits. SEC. III. Be it further enacted, That L. A. Wisenbaker be, and he is, hereby appointed mayor; John B. Palmer, A. T. Moore, L. H. G. Hunter and J. W. Hicks be, and they are, hereby appointed aldermen of said town, to hold their offices until their successors are elected and qualified as hereinafter provided. Temporary government. SEC. IV. Be it further enacted, That on the first Tuesday in July, 1891, and annually thereafter on the same Tuesday mentioned, an election shall be held at some public and convenient place in said town for a mayor and four aldermen by the qualified

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voters of said town, whose terms of office shall be for one (1) year, or until their successors are elected and qualified. Said election shall be opened at eight o'clock A. M. and close at four o'clock P. M., to be held under the superintendence of a Justice of the Peace and two freeholders of said town, or by three freeholders, under the forms and regulations prescribed by law for holding elections for members of the General Assembly. Elections for mayor and aldermen. SEC. V. Be it further enacted, That the superintendents of said election shall duly declare the result, and shall issue certificates of election to such persons as receive the highest number of legal votes polled, who shall, at such time and place as may be prescribed by the ordinances of said town, qualify by taking and subscribing to the following oath: I do solemnly swear that I will faithfully discharge all the duties devolving on me as mayor (or alderman, as the case may be) of the town of Lake Park during my continuance in office according to the best of my ability and understanding, so help me God. Declaration of result and certificates of election. Official oath. SEC. VI. Be it further enacted, That the said mayor and alderman shall have power to elect a marshal, clerk, treasurer, and such other officers as they may deem necessary and proper, regulating their salaries, taking their bonds, prescribing their duties and oaths, and to remove them from office, or impose fines, at the discretion of the said mayor and alderman. The officers so elected or appointed shall, before entering upon the duties of their office, subscribe to the following oath before the said mayor, or mayor pro tem. : I do solemnly swear that I will faithfully, to the best of my ability and understanding, discharge the duties devolving upon me as marshal (clerk or treasurer, as the case may be) to the best of my skill and understanding, so help me God. Subordinate officers. SEC. VII. Be it further enacted, That said mayor and aldermen shall, at their first meeting in each year, elect one of said aldermen mayor pro tem. , who shall, in case of vacancy, absence or disqualification of the mayor, perform and discharge all the duties and exercise all authority of the office of mayor, upon taking the usual oath, and not otherwise. Mayor pro tem. SEC. VIII. Be it further enacted, That said mayor and aldermen shall have power to levy and collect a tax not exceeding one-half of one per cent. on all property, both real and personal, within the corporate limits of said town, which may be enforced by execution issued by the clerk in the name of the mayor and aldermen and levied by the marshal. If the property levied on be personalty the same proceeding shall be had

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that now governs the sale of property under tax executions at constables' sales, but if the property levied on be realty the marshal shall return the levy to the sheriff of Lowndes county, and by said sheriff sold as the law directs him to sell under executions for State and county taxes when levied on realty. Also, to levy and collect such special taxes on trades, business, occupations, theatrical exhibitions, circuses and shows of all kinds, ten-pin alleys, billiards, pool tables, itinerant traders, peddlers, auctioneers and all other trades, games or occupations subject to special taxes under the laws of the State, as they may deem proper. They shall also have power to tax, license and regulate the sale of spirituous liquors and other intoxicating drinks within the limits of said town; provided , that the tax for the sale of spirituous liquors and other intoxicating drinks shall not be more than five hundred dollars nor less than two hundred dollars, to be paid before issuing said license. For the purpose of enforcing the payment for the taxes above enumerated the mayor and aldermen may enact such ordinances and impose such penalties for a violation of the same as they may deem proper, not inconsistent with the Constitution and laws of the State. Ad valorem tax. Executions sales, etc. Special taxes. Sales of liquors. Collection of taxes. SEC. IX. Be it further enacted, That there shall be a lien on all the property of said citizens or inhabitants of said town, both real and personal, situated therein for corporation taxes assessed thereon, and for all fines and penalties assessed upon the owners thereof, from the date they are assessed or imposed, which shall have a priority over all liens except liens due the State and county. Lien of taxes, fines etc. SEC. X. Be it further enacted, That said mayor and aldermen shall have full power and authority to enact and enforce all ordinances, by-laws, rules and regulations necessary for the good government of said town, and securing and promoting the health of its inhabitants, and to prescribe the penalties for violating the same, and the said mayor, or mayor pro tem. , of said town shall hold a mayor's court in said town at any time for the trial and punishment of persons guilty of violating its ordinances, by-laws, rules and regulations, the punishment inflicted not to exceed a fine of one hundred dollars, or, labor on the streets or public works of said town, or confinement in the calaboose or guard house not to exceed sixty days; said fine to be collected by execution to be issued against the estate, both real and personal, of the offender, if any to be found. Ordinances etc. Mayor's court. SEC. XI. Be it further enacted, That the marshal or other police officers of said town may arrest without a warrant any

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person guilty of violating any ordinance, rule or regulation of said town, and the marshal or any other police officer may summon any citizen or citizens of said town to assist him in such arrest. Arrests. SEC. XII. Be it further enacted, That said mayor or mayor pro tem. , when any person or persons are arraigned before the mayor's court charged with the violation of any ordinance, regulation or rule of said town, may, for good cause shown, continue the hearing to such other time as the case may be adjourned to, and the accused shall be required to give bond and security for his appearance at the time appointed for trial, or be imprisoned to await trial. If such bond be given and the accused shall fail to appear at the time fixed for trial, the bond may be forfeited by the mayor and aldermen, and an execution issue thereon by serving the defendant, if to be found within the corporate limits, and his securities with a rule nisi , at least five days before the time of hearing said rule nisi , and if the defendant cannot be found, then by posting notices in three public places in said town five days before the hearing of said rule nisi . Continuances. Appearance bonds etc. SEC. XIII. Be it further enacted, That said mayor and aldermen shall provide for the working and repairing of the streets, sidewalks and alleys of said town, and to remove any obstruction or nuisance that may be placed in the same, and to that end they may compel all persons resident within said town, who may be subject to road duty, to work on the streets, sidewalks and alleys of said town for a space not exceeding ten days in each year, but may receive in lieu of said work a commutation fee from such persons, not to exceed five dollars, and the mayor shall have the same powers to punish defaulters as the road commissioners of this State now have. Streets, etc. Street working and tax. SEC. XIV. Be it further enacted, That said mayor, or mayor pro tem. , when in the official dischange of his duties, may fine for contempt, not to exceed fifty dollars, or labor on the streets of said town or public works of said town, or confinement in the calaboose or guard-house not to exceed twenty-five days. Punishment for contempt. SEC. XV. Be it further enacted, That the mayor or mayor pro tem. shall be during his term of office a conservator of the peace, and have and exercise criminal jurisdiction of a justice of the peace over all offences committed in the corporate limits of said town. Mayor or mayor pro tem. ex officio justice of the peace. SEC. XVI. Be it further enacted, That any officer of this corporation who shall be guilty of malpractice or abuse of powers confided to him, shall be subject to indictment in the

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Superior Court of Lowndes county, and on conviction shall be fined as prescribed in section 4310 of the Code of Georgia. Malpractice in office. SEC. XVII. Be it further enacted, That the mayor and aldermen shall meet once in every month for the transaction of business, and not oftener, unless in the discretion of the mayor or mayor pro tem. it becomes necessary to have an extra meeting, and in that event the mayor or mayor pro tem. may call the aldermen together at once at the usual place of meeting. That the mayor or mayor pro tem. shall preside at all meetings of the aldermen, and shall not vote only in case of a tie. The mayor or mayor pro tem. and three aldermen shall constitute a quorum for the transaction of business. Meetings of mayor and aldermen. SEC. XVIII. Be it further enacted, That in case of vacancy in the office of mayor or councilmen by death, resignation or otherwise, an election to fill such vacancy shall be ordered by said mayor and councilmen, to take place at such time and place as may be specified in such order, and public notice of the same posted at three different places in said town for the space of ten days. Vacancies. SEC. XIX. Be it further enacted, That the mayor and other officers shall receive such compensation and pay as the mayor and council shall deem proper, but their compensation shall not be increased or diminished during their term of office. Compensation of officers. SEC. XX. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 29, 1890. AMENDING CHARTER OF CORNELIA. No. 252. An Act to amend an Act entitled an Act to incorporate the town of Cornelia in the county of Habersham, and to grant election powers and privileges to the same, and for other purposes, approved October 22, 1887, and to confer additional powers upon the corporate authorities of said town of Cornelia, and for other purposes. SECTION I. Be it enacted by the Senate and House of Representatives of the State of Georgia, That section 1 of an Act entitled An Act to incorporate the town of Cornelia, in the county of Habersham, and to grant election powers and privileges to the same, and for other purposes, approved October

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22, 1887, which said section 1 provides for the incorporation of said town, for defining the corporate limits, and giving certain powers to make ordinances, be, and the same is, hereby repealed, and the following substituted therefor: That from and after the passage of this Act the town of Cornelia, in the county of Habersham, in this State, shall be a body corporate under the name and style of the Mayor and Council of Cornelia. The authority and jurisdiction of said town shall extend for a distance of three-fourths of one mile, in an airline in every direction from the depot of the Atlanta and Charlotte Division of the Richmond, and Danville Railroad Company in said town. The municipal government of said town shall consist of a mayor and four councilmen who shall, be elected annually on the first Saturday in January in each year, and at such election all persons residing within the corporate limits of said town, and who shall have resided therein for one month previous to said election, and are qualified to vote for members of the Legislature, shall be qualified voters in such election. Said election shall be conducted at such places within said town as may be selected by the municipal authorities, and shall be controlled in all respects, so far as applicable thereto, by the laws of force regulating the election of members of the General Assembly, except that the result shall be certified to the mayor in office at the time the election takes place, and shall, by him, be proclaimed to the council then in office who shall verify the same and make public through said mayor the names of the persons elected. The chairman and commissioners now in office shall remain in office until the first regular election for mayor and council on the Saturday in January, 1891, and at said first election the returns shall be certified to the chairman who shall declare the result as above stated. Said corporation, under the name and style of the Mayor and Council of Cornelia, shall have perpetual succession, may have and use a common seal, and shall be capable in law and equity to purchase, have, hold, receive, enjoy, possess, retain and sell for the use of the said town of Cornelia any estate or estates, real or personal, of whatsoever kind or nature which may be necessary or proper for the purposes of the incorporation, and by said name shall be capable to sue and be sued in any court of law or equity in this State, and to contract and be contracted with. Sec. 1 of Act of Oct. 22, 1887, repealed. New section. Corporate name. Limits. Government. Elections, etc. Temporary officers. General corporate powers. SEC. II. Be it further enacted by the authority aforesaid, That section 3 of said Act of October 22, 1887, above referred to, providing that the chairman of the commissioners shall be

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ex officio a Justice of the Peace, be, and the same is, hereby repealed, and the following is substituted therefor: That the mayor of said town shall be ex officio a Justice of the Peace with authority as such throughout the corporate limits, and as such for all offences committed within the territorial limits of said town, shall have all the authority and be able to exercise all the powers of a Justice of the Peace under the laws of this State. Sec. 3 repealed. New section. Mayor ex officio justice of the peace. SEC. III. Be it further enacted by the authority aforesaid, That section 4 of said Act of October 22, 1887, which provides that the commissioners named in said Act shall hold office until the first election, and which provides rules and regulations for electing their successors, be, and the same is, hereby repealed. Sec. 4 repealed. SEC. IV. Be it further enacted by the authority aforesaid, That section 6 of said Act of October 22, 1887, above referred to, which provides that the chairman and commissioners may regulate the sale of liquors, may punish disorderly persons and may levy taxes, be, and the same is, hereby repealed, and the following is substituted therefor: The said mayor and council of Cornelia shall have full power and authority to pass all ordinances respecting the streets of said town; to open and lay out the same; respecting public buildings, work-houses, public houses, carriages, wagons, carts, drays, itinerant traders or peddlers, pumps, wells, springs, fire engines, care of the poor, street railroads, disorderly houses or lewd houses, and every other regulation or ordinance that shall appear to them necessary and proper for the security, welfare and interest of said town, or for preserving the peace, health, order and good government of said town; provided , such ordinance is not in conflict with the Constitution and laws of this State, or of the United States. They shall have power to regulate the sale of spirituous, vinous or malt liquors, or to prohibit the same within the corporate limits of said town; to prohibit the running at large of any horses, mules or other domestic animals, within the corporate limits of said town, and to pass such ordinances as may be deemed by them necessary and proper for the regulation of stock within said town. They shall have power to levy such taxes as they may deem necessary for the support of the government of said town in all its branches; for the repairs, construction, alterations and opening of streets, and for the acquisition of land for the same; for building, repairing and caring for public buildings and other structures belonging to said town, and for any other proper corporate

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purpose. The said mayor and council may, if they see proper to do so, elect by ballot three freeholders as town tax-assessors to assess the value of all real estate lying within the corporate limits of said town, which is subject to taxation, for the purposes of taxation by the authorities, and said assessors shall make a return to said mayor and council at such time as they may appoint, which return shall be entered by the proper officer of the town in the books with other taxes; provided , that no real estate shall be assessed for taxation for a greater amount than that for which the owner would sell the same. Said assessors, before entering upon the discharge of their duty shall take and subscribe an oath before the mayor faithfully and truly to assess all the real estate within the corporate limits of said town, and to return said assessment as required by law. Sec. 6 repealed. New section. General municipal powers. Tax-assessors. SEC. V. Be it further enacted by the authority aforesaid, That whenever the word chairman occurs in said Act the word mayor shall be substituted therefor, and whenever the word commissioner occurs the word councilman shall be substituted therefor, and with these changes all that portion of said Act which is not hereby expressly repealed is continued in force. The mayor shall take the same oath as mayor as is provided for the councilmen. The mayor shall vote upon no question which comes before the council for decision except in case of a tie in the council. The mayor, or in his absence the mayor pro tem. , shall preside at all meetings of the council. Mayor and councilman substituted for chairman and commissioner. Mayor. SEC. VI. Be it further enacted by the authority aforesaid, That the mayor of said town, or in his absence the mayor pro tem. , shall constitute a court for the trial of all offenders against the ordinances of said town, and shall hold his court at such times and places within the corporate limits as he may see proper. In the trial of offenders he shall have power to issue subp[oelig]nas and compel the attendance of witnesses, and have all other necessary powers to enable him to hear and determine the cases before him. He shall have power to punish for contempt of his court, by a fine not to exceed five dollars, or by imprisonment not to exceed one day of twenty-four hours. Persons found guilty by him of violating any ordinance of the town may be fined in any sum not exceeding one hundred dollars, or may be imprisoned for any length of time not exceeding thirty days, or both fine and imprisonment may be inflicted. Any person who may be found guilty and sentenced by the mayor may appeal to the council under such rules as may be made by the council regulating appeals, and such case shall

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then be tried over by the mayor and council de novo , the mayor having no vote in such appeal trials except in case of a tie, but it shall be his duty to preside, or in his absence the mayor pro tem. shall preside. Mayor's court, etc. SEC. VII. Be it further enacted, That whenever, in the judgment of the mayor and council of said town, it shall be necessary to acquire any land for the purpose of a street, alley, side-walk, sewer or ditch for drainage and sewerage, and said mayor and council cannot acquire said lands by contract or by consent of the owner thereof, it shall be lawful for them to condemn the same, as follows: The said mayor and council shall select one man and the land owner shall select another, and these two shall select a third, who shall enter upon, view and examine the land needed for such purpose or purposes and shall fix an amount of money which, in their judgment, shall be just compensation to the owner for the same. Upon payment of this amount the said mayor and council shall be authorized to enter upon and take possession of said land and apply it to the purpose intended. Either party dissatisfied with the finding of said three arbitrators shall have the right to appeal to a jury in the Superior Court of Habersham county under the laws regulating appeals from the Court of Ordinary. In case the owner of the land shall fail or refuse to appoint an arbitrator the Ordinary of the county of Habersham, upon the application by the mayor, shall appoint one for said owner whose acts shall be as binding as if he had been appointed by the owner himself. Condemnation of private property. SEC. VIII. Be it further enacted by the authority aforesaid, That at the first meeting of the council after their election in each year they shall elect a mayor pro tem. , who, in the absence of the mayor, shall act in his place and shall have all the powers and authority conferred by the mayor himself herein. Mayor pro tem. SEC. IX. Be it further enacted by the authority aforesaid, That all fines imposed under the provisions of this Act may be collected by execution which shall be issued by the mayor and the proper officer of said town shall be authorized to levy the same upon any property of the defendant to be found in said county of Habersham and the same shall be sold at such place in the town of Cornelia as may be selected by the mayor and council for such purpose, after advertisement by posting notices at three of the most public places in said town. Collection of fines. SEC. X. Be it further enacted by the authority aforesaid, That whenever there shall be an appeal to the council, under the provisions of this Act, from any judgment of the mayor,

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and said judgment is affirmed, the defendant shall be entitled to sue out a writ of certiorari to the Superior Court of the county of Habersham under the same rules and laws governing certiorari in the Justice Courts of this State. Any defendant who may desire to sue out a certiorari may, upon the day in which the judgment is rendered by said mayor and council, give notice to the mayor and council of such intention, which notice shall be a supersedeas for the space of ten days. Certiorari. SEC. XI. Be it further enacted by the authority aforesaid, That it shall be the duty of all persons residing within the corporate limits of the town of Cornelia who are the owners of property other than real estate, to make return, under oath, of said property and the value thereof for the purposes of taxation at such time and under such regulations as the mayor and council may require, and in such case any such tax-payer shall fail or refuse to make such return within the time prescribed by the mayor and council, said mayor and council shall have full power and authority, either by themselves or any other officer of said town appointed by them for that purpose, to make a just valuation and return of such property and collect taxes upon the same. All taxes on all species of property levied by said mayor and council, which shall not be paid according to the ordinances regulating the payment thereof, shall be collected by levy and sale under execution to be issued by the mayor directed to the marshal or such other officer as the mayor and council may select, which shall be levied upon the assets, real or personal, of the defaulter, and after advertising the same for thirty days by posting notices at three of the most public places in said town shall sell the same at such place as may be selected therefor, within the corporate limits, by the mayor and council within the lawful hours for Sheriff's sales. Said property shall be offered in parcels sufficient to raise an amount necessary to pay the taxes and the costs. The deed of the officer selling shall pass a perfect title to the purchaser, except that in case of land, it may be redeemed within twelve months under the laws regulating tax sales in this State. Tax returns. Default. Collection of taxes by execution. Advertisements, sales, etc. SEC. XII. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 29, 1890.

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INCORPORATING CITY OF TIFTON. No. 257. An Act to incorporate the city of Tifton, in the county of Berrien and State of Georgia, define its limits, prescribe its municipal 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 the city of Tifton, in the county of Berrien, is hereby incorporated. Its corporate limits shall embrace and include al the territory contained in a square of one and a half miles, the boundary of which is ascertained and located by commencing at the center of the crossing of the Brunswick and Western Railroad and Georgia Southern and Florida Railroad in said city, and running due south three-quarters of a mile, thence due east three-quarters of a mile, thence due north one and a half miles, thence due west one and a half miles, thence due south one and a half miles, thence due east three-quarters of a mile, excepting the territory within the above described limits, as follows: bounded on the south by the main line of the Brunswick and Western Railroad, on the west by the first street east of the present Brunswick and Western Railroad depot, on the north by the street in front of II. II. Tift's residence, and extending east one-third of a mile from the designated street east of the depot. Said territory shall be a part of said city of Tifton for public purposes only, and the property embraced in this area shall not be subject to city taxes, nor shall the city of Tifton be at any expense whatever on account of this territory, That the right and power to make arrests in said annexed territory for violation of any of the ordinances of the city of Tifton now in force, or which may hereafter be ordained by the mayor and council of the city of Tifton, is hereby conferred on the police force of said city of Tifton, or on any person or persons on whom police power may be conferred by the proper authorities of said city. And when any person shall be arrested, either by the regular or special police of said city of Tifton, for violation of any ordinance of said territory aforesaid described, such person so oftending shall be tried before the mayor of said city and, if found guilty, shall be punished in the same manner as if said offence were committed in any other part of said city of Tifton. That the mayor and council of the city of Tifton shall have power, in their discretion, from

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time to time, to pass such ordinances as they may deem proper for the protection of persons or property in said annexed territory, not inconsistent with the provisions of this Act. City of Tifton incorporated. Corporate limits. Certain territory part of city for police purposes only. Arrests therein and trial and punishment of offenders. Ordinances as to such territory. SEC. II. Be it further enacted, That the municipal government of the city of Tifton shall consist of the mayor and six aldermen who are hereby constituted a body corporate under the name and style of the mayor and council of Tifton, and by such name shall have perpetual succession; may sue and be sued, plead and be impleaded; may have and use a common seal, and shall be capable in law to purchase, have, hold, receive, enjoy and retain to them and their successors for the use of said city any estate, real or personal, within the limits thereof necessary for the proper administration of said city government, parks, cemetery, school houses, colleges and charitable purposes, and for the collection of taxes due said city, and may make all contracts in their corporate capacity proper and legal to administer said city government. Municipal government. Corporate name and general powers. SEC. III. Be it further enacted, That for temporary organization of said city government that W. H. Love is hereby appointed and made mayor thereof, and H. H. Tift, M. A. Sexton, J. I. Clements, J. C. Goodman, E. P. Bowen and John Pope be appointed and made aldermen to hold their offices until their successors are elected and qualified, as hereinafter provided; and in case of vacancy in any of said offices the remaining members of said council shall, by a majority vote, fill said vacancy until the first general election hereinafter provided for. Temporary government. Vacancies. SEC. IV. Be it further enacted, That on the first Monday in December, 1891, there shall be held in said city an election for a mayor, who shall hold his office for two years, and until his successor is elected and qualified, and six aldermen, three of whom shall hold their offices for one year, and three of whom shall hold for two years, and until their successors are elected and qualified. At said first election the voters shall designate upon their ballots the three men whom they wish to hold for one year, and the three whom they wish to hold for two years at said first election. At said first election all persons residing within the incorporate limits aforesaid for six months, who would be entitled to vote for members of the General Assembly, shall be qualified electors. After said first election there shall be held annually on the first Monday in December an election for mayor and three aldermen, or for three aldermen only, if the mayor's term of two years is not about to expire. At such subsequent elections all persons who shall have been bona fide residents of said city for six months before the day

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of election, who, before registering, as hereinafter required, have paid all taxes of every description legally imposed and demanded by authority of the city, who shall have been duly registered, as hereinafter provided, and who shall be qualified to vote for members of the General Assembly, shall be qualified electors. Such election shall be conducted under the management of a Justice of the Peace and two freeholders who are electors of said city and not candidates in said election, or in the absence of a Justice of the Peace, any three freeholders, electors of said city, not candidates in said election, may manage the same. Said managers shall conduct such elections as nearly as practicable as elections for members of the General Assembly are conducted. The polls at such election shall be opened at 8 o'clock A. M. and closed at 3 o'clock P. M. After the first election held under this charter, the mayor and city council may appoint any three freeholders, or any two freeholders and a Justice of the Peace who are electors of said city, to conduct said election. The managers shall each, before proceeding with election, take and subscribe the following oath: All and each of us do swear that we will faithfully superintend this day's election; that we are qualified by being freeholders or Justice of the Peace to hold the same; that we will make a just and true rereturn thereof, and not knowingly permit any one to vote, unless we believe that he is entitled to do so, according to the charter of this city, nor knowingly prohibit any one from voting who is so entitled; and that we will not knowingly divulge for whom any vote was cast unless called upon under the law to do so, so help us God. Said affidavit shall be signed by each superintendent or manager in the capacity in which he acts. Said oath shall be made and subscribed before some officer authorized to administer oaths, if any such be present; and if no such officer is present, said oath may be made and subscribed by each manager in the presence of the others. The managers, acting at the first election held under this charter, shall issue a certificate of election to each of the persons elected which shall be recorded on the records of said city; said certificate shall be sufficient authority to the persons so elected, to enter upon the discharge of their official duties, after qualification, as hereinafter provided. The managers of each subsequent election shall issue to the newly elected mayor and each of the aldermen elected a like certificate, and shall also certify the result of the election to the acting council, which last certificate shall be entered upon the records of said

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mayor and city council. Said managers shall also furnish to the city council one of the tally sheets of said election certified to by them as correct. First election for mayor and aldermen, etc. Subsequent elections. Certificates of election. Tally sheets. SEC. V. Be it further enacted, That in the event that the office of mayor or any one or more aldermen shall become vacant by death, removal, disqualification or other cause, the mayor, in case his office is vacant, the mayor pro tem. , or the aldermen, if both said offices should be vacant, shall order an election, of which at least ten days' written notice shall be given by publication in some newspaper published in said city, or if there is no such newspaper, by posting the notice at three of the most public places in said city to fill such vacancy or vacancies; said newly elected persons to fill unexpired terms only. Vacancies. SEC. VI. Be it further enacted, That before entering upon the duties of their respective offices, the mayor and each alderman shall make and subscribe the following oath which may be administered by any person qualified to administer oaths: I do solemnly swear that I will faithfully discharge all the duties devolving on me as mayor (or alderman, as the case may be) of the city of Tifton during my continuance in office, according to the best of my ability and understanding, so help me God. Said oath shall be entered upon the records of the city. Official oath. SEC. VII. Be it further enacted, That the mayor and alderman shall elect annually at the first regular meeting of the city council in January a mayor pro tem. from the aldermen, whose duty it shall be to act in all cases in the absence, disqualification or sickness of the mayor, during which time he shall be clothed with all the necessary powers of the mayor, a city marshal, a clerk and treasurer, and when the growth of the city may require additional police protection, such number of policemen as they may deem best. All of said officers shall hold their offices for one year and until their successors are elected and qualified; provided , that any of said officers may be removed at any time by a majority vote of the mayor and city council for neglect of duty, incapacity or malfeasance in office. All of said officers shall be governed by such rules and regulations as may be prescribed by the mayor and city council, which are not inconsistent with the provisions of this Act. The mayor and city council may also appoint special policemen, when in their judgment such appointments may be necessary, such policemen to be discharged, when the emergency requiring their service has passed, and to be compensated

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as the mayor and council may determine; or the city council may, by a general ordinance, provide for the appointment at a fixed compensation per day, week or month of such special policemen by the mayor. While such special policemen are on duty they shall have the same authority in preserving order, and be charged with the same duties as are prescribed for the regular policemen of the city. Mayor pro tem. Subordinate officers. Policemen. SEC. VIII. Be it further enacted, That after the first election held under this charter, no person shall be allowed to vote in any election held for said city who has not been duly registered as hereinafter provided. Registration required. SEC. IX. Be it further enacted, That it shall be the duty of the clerk and treasurer upon the first Monday of each year to open a registration list or book for the registration of the qualified voters of said city. Said list shall be kept open from 9 o'clock A. M. until 12 M., and from 2 o'clock P. M. until 5 o'clock P. M., each and every day (Sundays and legal holidays excepted) until the last Monday in November, when it shall be finally and absolutely closed. It shall be the duty of the clerk and treasurer upon application in person and not by proxy, of any male citizen, who is qualified to vote for members of the General Assembly, who has paid all taxes of every character legally imposed and demanded by the authority of the city and who upon the day of election, if then an elector, will have resided in said city for six months prior to said election, to register the name of such person, recording on such list, besides the applicant's name, his age, occupation or business, and the locality in the city where he resides. Said clerk or treasurer shall not knowingly permit any one to register who is not lawfully entitled to do so, and may in any case before registering the applicant administer to him the following oath: You do solemnly swear that you are a citizen of the United States; that you have resided in Georgia for twelve months, in this county for six months and in this city for six months next preceding the election, or that by the date of the next city election, if still a resident of the city, you will have fulfilled these conditions; that it is your intention to remain a resident of this city until the day of election; that you are twenty-one years old or will be by the next election; that you have paid all taxes due the city of Tifton and State and county, and that you have made all returns required of you by the ordinances of this city, so help you God. Regulations as to registration of voters. SEC. X. Be it further enacted, That it shall be the duty of the clerk and treasurer to prepare a list of the names registered,

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arranged in alphabetical order, and post copies of said alphabetical lists of the registered voters at at least two of the most public places in said city for two days before election. It shall also be the duty of the clerk and treasurer to furnish the managers of the election at or before the opening of the polls on the day of the election with a complete list of all the registered voters arranged in alphabetical order, certified to under the hand of the clerk and treasurer and the corporate seal of the city. Said lists shall be kept by the managers before them for their inspection during said election, and they shall not permit any one to vote whose name does not appear upon said list, and when said election is over it shall be the duty of said managers to return said list to the city clerk and treasurer to be by him safely kept and preserved. Posting of registry lists. Lists to be furnished to election managers. Use and disposition of. SEC. XI. Be it further enacted, That any person voting at any city election who is not qualified to vote, according to the provisions of this charter shall be guilty of a misdemeanor, and upon conviction thereof in the Superior or County Court of Berrien county, he shall be punished as prescribed in section 4310 of Code of this State of 1882. Illegal voting. SEC. XII. Be it further enacted, That any person qualified to vote at said city election as above provided for, and eligible to hold office according to the Constitution and laws of this State, shall be eligible to hold any office in said city. Eligibility to hold city office. SEC. XIII. Be it further enacted, That the salaries of all officers of the city of Tifton shall be fixed by the mayor and city council at the first regular meeting in January of each year, which salaries shall not be increased nor diminished during the terms of office of said officers. Salaries of officers. SEC. XIV. Be it further enacted, That the mayor and city council shall have full power to levy and collect all ad valorem tax not to exceed one-half of one per cent upon all property, real and personal, within the incorporate limits of the city, which is taxable under the laws of this State. Said ad valorem tax shall be for the purpose of defraying the general expenses of the city government. Ad valorem tax. SEC. XV. Be it further enacted, That the said mayor and city council shall have authority, in addition to the ad valorem tax above provided for, to levy and collect a special tax upon all billiard tables, ten-pin alleys or nine-pin alleys, and all tables and alleys of any kind used for the purpose of playing with balls or pins, or both, within said city for profit, and on all contrivances of whatever kind used for the purpose of gaming, or carrying on a game of chance by selling cards, tickets

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or numbers, or by turning a deal or wheel, selecting or designating cards, pictures, envelopes or photographs from a number of similar articles or objects, or by pitching rings at stakes or knives, or by throwing dice, or by any other artifice or contrivance whatever. They shall also have authority to levy a tax in such sums as they may deem proper upon all circuses, slight-of-hand performances, tricks of legerdemain, theatrical exhibition and other shows which may exhibit in said city. Such taxes to be for each exhibition and to be collected, if not voluntarily paid, by execution as hereinafter provided in this Act for other taxes. Said mayor and city council shall also have authority to levy and collect such license taxes upon any or all business occupations of whatever kind or character carried on for any length of time in said city as they may deem proper and to enforce the collection of the same as in case of other taxes. Specific taxes. Collection of. License taxes. SEC. XVI. Be it further enacted, That the mayor and city council shall have full power and authority to remove, or cause to be removed, all buildings, proches, steps, fences or other obstructions or nuisances in the public streets, lanes, alleys, sidewalks or public squares in said city. They shall have power to regulate all butcher-pens, slaughter-houses, tan-yards, livery stables, blacksmith shops, forges, stoves and chimneys, mill-ponds, fish-ponds, within said city and remove, or cause to be removed, the same or any of them, in case they become nuisances, dangerous or injurious to the health of the city. They shall have power, also, to fill up all pits, cellars or excavations in said city, or cause the owner to do so, when they shall deem it necessary for the public interest for the same to be done. They shall have power to license and regulate all taverus and public houses; to license and regulate all drays, omnibuses, hacks, wagons and other vehicles owned or kept for use and hire in said city, and to regulate and control all public pumps and wells, fire companies and engines or any apparatus of like character in said city. They shall have power to remove, or cause to be removed, all dilapidated or unsafe buildings, fences, chimneys, etc., which may be considered dangerous or considered a nuisance. General municipal powers. SEC. XVII. Be it further enacted, That said mayor and city council of Tifton shall have power to license and appoint, annually, auctioneers or vendue masters for the city, and to fix and collect the amount of license fees required of each. They shall further have power to levy a tax upon all goods sold at auction in said city, to be paid by the auctioneers. They shall

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have power and authority to license all other accupation or business not herein specially provided for and not otherwise taxed. Auctioneers. Tax on goods sold at auction. Business licenses. SEC. XVIII. Be it further enacted, That said mayor and city council shall have the sole and exclusive power and authority to regulate the sale of spirituous liquors, vinous, malt and intoxicating liquors in said city; to grant license for the sale of same; to fix the fees for said license; to establish such regulations and restrictions with reference to the sale of the same as they may see proper, and to impose penalties upon persons selling such liquors without license or for violating any of the city ordinances regulating the sale of the same; provided , it shall be legal for such articles to be sold in Berrien county. Sale of liquors. SEC. XIX. Be it further enacted, That the mayor and city council shall have power and authority to open, lay out, widen, straighten or otherwise change the streets and alleys of said city, and shall have power to lay off, vacate, close up, open, alter, curb, pave, drain and repair the roads, streets, bridges, sidewalks, alleys, cross-walks, drains and gutters for the use of the public or any citizen of the city, and to grant rights-of-way to railroads, street railroads, water and gas-works and electric lights, telegraph and telephone lines throughout the streets and alleys of said city upon such terms and conditions and restrictions as said mayor and council may by ordinance prescribe. They shall have power to protect places of public worship, to provide places for the burial of the dead and to regulate interments therein; to regulate the keeping of gunpowder and other combustible and explosives; to make regulations for guarding against fire, and to fix and establish fire limits, and from time to time to change, enlarge or restrict the same. Streets, sidewalks, etc. Places of worship, cemeteries etc. Combustibles. Fire limits. SEC. XX. Be it further enacted, That the said mayor and city council shall have power and authority to pass all such ordinances and regulations for the government of said city for the suppression of disorderly conduct, the protection of life and property, the maintenance of public peace and the protection of the public health which are not repugnant to the Constitution and laws of this State or of the United States as they may see proper to do, and to prescribe and enforce penalties for the violation of the same. General power as to ordinances, etc. SEC. XXI. Be it further enacted, That all male residents of said city between the ages of eighteen and fifty, who have resided in said city thirty days (except licensed ministers of the gospel in charge of one or more churches), shall be subject to

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work the streets of said city not to exceed ten days in each year, or to pay a commutation tax in lieu thereof, not to exceed five dollars as the mayor and council may determine. Should any person liable to work the streets of said city under this section fail or refuse so to do, or to pay street tax assessed in lieu of such service after having received due notice from the marshal so to do, such persons may be sentenced by the mayor to work upon the streets of said city for and during the term of not exceeding fifteen days under the direction and control of the city marshal, or to confinement in the guard house for a term not exceeding ten days, in the discretion of the mayor. Street working and tax. SEC. XXII. Be it further enacted, That should any person fail or refuse to pay the city tax or license imposed by the city authorities according this charter, within the time allowed or prescribed by the ordinances of said city, the clerk and treasurer shall issue an execution against such delinquent tax-payer for the amount due by him to the city, which shall be signed by the clerk and treasurer in his official capacity and bear test in the name of the mayor and city council of Tifton. Said execution shall bind all the property that said defaulting tax-payer owned in said city on the first day of April in the year for which such taxes are due and until said tax is paid. Said execution shall be directed to and enforced by the marshal of said city, who, after levying the same upon the property of such defaulting tax-payer, shall, if the property levied upon be personal property, advertise the sale by posting a notice thereof in three of the most public places in said city for ten days before the sale, and if the property be real estate he shall advertise the same once a week for four weeks in the public gazette wherein the sheriff's sales of Berrien county are advertised, before selling the same. All sales under such execution shall be made by the city marshal before the door of the council chamber, or at such place as the mayor may direct, notice of which place and the time of the sale shall be contained in the advertisement. The property levied upon shall be sold by the marshal at public outcry within the hours allowed by law for sheriff's sales to the highest and best bidder. Where personal property is sold the marshal shall deliver possession thereof on the spot to the purchaser. Where real estate is sold the marshal shall make to the purchaser a deed which shall be as effectual in passing the title as tax deeds under the general laws of this State, and it shall be the duty of such marshal, upon application by the purchaser or

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his agent, to put said purchaser or his agent in possession of the real estate sold; provided , said marshal shall not be authorized to turn out any other person than such delinquent taxpayer, his heirs, tenants or assignees since the lien of the city for taxes attached. The clerk and treasurer shall be entitled to fifty cents cost for each fi. fa. issued, and the marshal to the same fees for levies as are by law allowed to bailiffs in this State and to the same fees for selling as are received by the sheriffs of this State. Collection of taxes or license fees by execution. Advertisements, sales etc. Costs and fees. SEC. XXIII. Be it further enacted, That the mayor and city council of Tifton shall have power and authority to establish and provide regulations for a city guard-house, in which to confine for punishment when necessary persons sentenced by the mayor for violating any of the city ordinances, or any of the penal sections or provisions of this charter, and for the safe detention of all disorderly persons, and all persons committing or attempting to commit crimes. City guard house. SEC. XXIV. Be it further enacted, That the marshal or any policeman of said city shall have the right to take up all disorderly persons, and all persons committing or attempting to commit any crime, and to confine them in the guard-house to await their trial without unnecessary delay. Arrests. SEC. XXV. Be it further enacted, That the mayor and members of council shall be bound to keep the peace, and for this purpose shall be ex officio justices of the peace, so to enable them, or either of them, to issue warrants for offences committed within the jurisdiction of the city of Tifton, and shall have full power, on examination, to commit the offender or offenders to the guard-house in said city, or to the jail of Berrien county, or to bail them, if the offence be bailable, to appear before the next Superior or County Court of Berrien county. Mayor and councilmen ex officio justices of the peace. SEC. XXVI. Be it further enacted, That the mayor of said city, or the mayor pro tem. , when acting as mayor, shall have power and authority to hold a police court for the trial and punishment of all violators of the ordinance, rules or regulations of said city, and, upon conviction, to punish such offenders by a fine not to exceed one hundred dollars ($100.00) and costs or by labor on the streets of said city, under the control and direction of the city marshal, not to exceed sixty days, or by confinement in the guard-house not to exceed sixty days. The mayor may, in his discretion, sentence the offender to imprisonment in the guard-house or to work upon the streets for a specified time, and allow in such sentences a commutation of such punishment upon the payment of a specified fine,

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not to exceed one hundred dollars and costs. The mayor, when presiding in such police court, shall have authority to punish for contempt by a fine not exceeding fifty dollars or imprisonment in the guard-house not to exceed thirty days. Mayor's court. SEC. XXVII. Be it further enacted, That whenever any execution, issued by the proper authority of said city, for fines forfeited, taxes, licenses or any other debt or demand due said corporation, shall be levied on any property which is claimed by any other person not a party to the execution, said claim shall be interposed under the same rules, regulations and restrictions as regulate claim cases under the laws of this State, and the said claim shall be returned and tried before a jury in the first justice court or Superior or County Court having jurisdiction thereof, as the case may be. Claims. SEC. XXVIII. Be it further enacted, That the mayor and city council shall prescribe by ordinance the time and manner in which, and the person or persons to whom, all properity, occupations, etc., shall be returned for taxation by said city. Tax returns. SEC. XXIX. Be it further enacted, That said mayor and city council shall have power and authority each year, if in their discretion they see proper, to appoint three assessors, whose duty it shall be to value the real estate in said city for taxation, and to scrutinize carefully each return of property, real or personal, by any tax-payer of the city, and if, in their judgment, they shall find the property embraced in the return, or any portion of it, returned below its value, they shall assess the value thereof within fifteen days. Whenever the assessors shall raise the valuation at which the tax-payer has returned his property, they shall give him written notice of their assessment, and it shall be the tax-payer's privilege, if dissatisfied with the assessment, to have the matter left to three disinterested persons, residents of the said city, one of whom shall be selected by him, one by the assessors, and the other by these two so selected, and a majority of these arbitrators shall fix the assessment, which shall be final and conclusive. Tax-assessors, assessments, etc. SEC. XXX. Be it further enacted, That the clerk and treasurer of the city of Tifton shall give bond in a sum to be fixed for his term of office, by the mayor and city council, conditioned for the faithful performance of his duties as clerk and treasurer of said city, which bond shall be approved by the mayor. He shall also take an oath before the mayor that he will, to the best of his skill and power, faithfully perform the duties of his office without favor or partiality. Bond and oath of clerk and treasurer. SEC. XXXI. Be it further enacted, That said mayor and city council shall have authority, if in their discretion they see

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proper so to do, during the month of March in each year, to appoint five fit and proper persons, who shall constitute the Board of Health of said city. When the Board of Health is appointed it shall be its duty to meet once a week, or as often as may be necessary, to visit all and every part of the city, and to report in writing to the mayor and city council all nuisances which are likely to endanger the health of the city or of any neighborhood. Said mayor and city council shall have power, upon the report of Board of Health, to cause said nuisance to be abated and the recommendations of the board carried out in a summary way, at the expense of the party whose act or negligence caused said nuisance, or of the owner of the premises, as the council may elect. Board of Health. Abatement of nuisances, etc. SEC. XXXII. Be it further enacted, That said mayor and city council shall have power and authority, upon recommendation of the Board of Health, to cause the owner of lots or parcels of lands in said city to drain the same, or to drain any pond or pool of water thereon; also to compel the owner or owners of cellars, occasionally holding water, to cause the same to be emptied of the water, or filled up, if necessary; and in case the owner of said lot or lots, or parcel or parcels, of land shall fail or refuse, after reasonable notice to him or his agent, to comply with the requirements of said mayor and city council, by filling up said lots or parcels of land, or by draining the same, or by draining any pond or pool of water thereon, or by emptying or filling up said cellars, it shall be lawful for the said mayor and city council to employ some one or more persons to do the same; and for the amount expended for this purpose, the clerk and treasurer shall forthwith issue an execution against the owner of said property, to be collected from said lot or parcel of land, or out of any other property belonging to him; and a sale under such execution by the marshal shall pass the title as completely to the purchaser as a sale under a judgment and execution by the sheriff of the county. They shall also have authority, upon the recommendation of such Board of Health, to make and enforce (for any length of time) such rules and regulations as they may deem proper to prevent the introduction into said city of any infectious or contagious disease, or to isolate, localize or prevent the spread or increase of the same when found in the city. The power and authority conferred in this and the preceding section may be exercised by the mayor and council, in their discretion, without the recommendation of the Board of Health, if at the time no such board exists in the city. Drainage, cellars, etc. Quarantine.

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SEC. XXXIII. Be it further enacted, That said mayor and city council shall have the right, at any time, to fill any vacancies that may occur in said Board of Health. Vacancies in Board of Health. SEC. XXXIV. Be it further enacted, That the provisions of this charter may be pleaded and shall be a complete defence to any action brought against the said mayor and city council, or either of them, for any act or acts done by them, or either of them, under and in accordance with its provisions and the ordinances passed in pursuance thereof. This charter a defence for Acts done under it. SEC. XXXV. Be it further enacted, That said mayor and city council shall have power and authority to compel the owners or lessees of property to pave or otherwise keep in good order and condition, as they may direct, the sidewalks in front of such property. They may restrict the operation of any ordinance passed in pursuance of the power conferred in this section to any designated part of the city or in any way that they deem best. Should any owner or lessee fail or refuse to comply with any ordinance passed in pursuance of this section, the work may be done by the city and the expense attending the same collected by execution issued against said owner or lessee. Sidewalks. Ordinances may be restricted to part of city, etc. Failure to comply with ordinance. SEC. XXXVI. The mayor who presides in the mayor's court may call said court whenever he may deem it necessary to clear the guard-house or dockets of said court. Meetings of mayor's court. SEC. XXXVII. 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 TOWN OF PENDERGRASS. No. 264. An Act to incorporate the town of Pendergrass, in the county of Jackson, and provide a government for the same. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That the town of Pendergrass, in the county of Jackson, be, and the same is, hereby incorporated as a town, under the name of the town of Pendergrass. Town of Pendergrass incorporated. SEC. II. Be it further enacted by the authority aforesaid, That the corporate limits of said town shall extend one-half mile in every direction from the depot of the Gainesville, Jefferson and Southern Railroad in said town. Corporate limits.

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SEC. III. Be it further enacted, That on the third Saturday in December, 1890, and annually thereafter on the same day, an election shall be held in the council chamber in said town for a mayor and four councilmen, who shall hold their offices for one year and until their successors are elected and qualified; but no one shall vote for or be eligible to the office of mayor or councilman of said town who does not reside within the corporate limits thereof, and who is not qualified to vote for members of the General Assembly of this State. Said election shall be held and conducted in same manner as elections for county officers in this State, and the certificates of the managers shall be sufficient authority to the persons elected to enter on the discharge of their duties of the offices to which they have been elected. Elections, etc., of mayor and councilmen. SEC. IV. Be it further enacted, That before entering on the discharge of their duties the mayor and councilmen shall subscribe the following oath, which may be administered by any person authorized by the laws of this State to administer oaths: I do solemnly swear that I will faithfully discharge all the duties devolving on me as mayor (or councilman, as the case may be) of the town of Pendergrass, according to the best of my ability and understanding, so help me God. Official oath. SEC. V. Be it further enacted, That said mayor and councilmen shall have power to elect such marshals, clerks and other subordinate officers as they may deem necessary for carrying into effect the powers herein conferred upon them; to prescribe the fees and duties of such subordinate officers, and require such bonds for the faithful performance of their duties as they may deem necessary and proper. Subordinate officers. SEC. VI. Be it further enacted, That the mayor and each of said councilmen shall be ex officio a justice of the peace in so far as to authorize them to issue council warrants under the laws of this State, and shall have full authority to issue warrants for any offence committed within the corporate limits of said town, and shall have power to compel the attendance of witnesses, to examine them under oath, to admit any offender to bail, or commit him to jail for violation of the laws of the State, and to admit to bail or commit to the guard house for violations of the ordinances of said town. Mayor and councilmen ex officio justices of the peace. SEC. VII. Be it further enacted, That said mayor and councilmen shall have power and authority to pass all laws and ordinances that they may deem necessary for the government of said town; provided , they be not repugnant to the Constitution and laws of this State, or of the United States. General powers as to laws and ordinances. SEC. VIII. Be it further enacted, That said mayor and councilmen shall have power to levy and collect a tax of not exceeding one-half of one per cent. upon all property, both

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real and personal, within the corporate limits of said town. They shall also have power to require all persons within said corporate limits, who are subject to road duty under the laws of this State, to work on the streets of said town, or they may prescribe a commutation tax which may be paid in lieu of work on the streets. Ad valorem tax. Street working and tax. SEC. IX. Be it further enacted, That said mayor and councilmen shall have full power and authority to enforce the collection of taxes levied upon any and all property in said town, by levy and sale under and by process of execution issued by the mayor of said town, and sold by the marshal of said town, and that the collection of all street tax shall be enforced by compelling the person to labor upon the streets or public works of said town, under such regulations as may be adopted by the mayor and councilmen of said town. Collection of taxes. SEC. X. Be it further enacted, That said mayor and councilmen shall have full power and authority to work on the streets of said town any person, or persons, convicted of a violation of the ordinances of said town, when said person, or persons, refuse or fail to pay the fine imposed; provided , said punishment shall not exceed ten days, and no fine imposed shall exceed fifty dollars. Offenders may be put to work on streets. Extent of punishments. SEC. XI. Be it further enacted, That the mayor of said town, and in his absence the mayor pro tem. (who shall be elected by the councilmen from among their own number), shall be the chief executive officer of said town. He shall see that the ordinances, by-laws, rules and orders of the council are faithfully executed. He shall have control of the police of said town, and may appoint special police whenever he may deem it necessary; and it shall be his duty to see that the peace and good order of the town are preserved, and that persons and property therein are protected, and to this end he may cause the arrest and detention of riotous and disorderly persons in said town. He shall have power to issue executions for all fines, penalties and costs imposed by him, or he may require the immediate payment thereof, and, in default of immediate payment, he may imprison the offender, or order the offender to be worked on the public streets of said town, under such regulations as the mayor and councilmen may adopt, not exceeding ten days. Duties and powers of mayor. SEC. XII. Be it further enacted, That if at any time the office of mayor or councilman shall become vacant by death, resignation or otherwise, the remaining members of the council may fill such vacancy by appointment from among the citizens of said town eligible to such office, under the provisions of this charter. Vacancies. SEC. XIII. Be it further enacted, That all laws and parts

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of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 30, 1890. EMPOWERING MAYOR AND COUNCIL OF GRIFFIN TO EXCHANGE CERTAIN PROPERTY FOR STREET PURPOSES. No. 288. An Act to empower the mayor and council of the city of Griffin to exchange a certain portion of New Orleans street, west of the Bray corner and north of Taylor street, for land on east part of Bray lot, to be used as a thoroughfare, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That the mayor and council of the city of Griffin, in the State of Georgia, be, and they are, hereby authorized and empowered to exchange a certain portion of New Orleans street, in said city, which lies west of the Bray lot and between Taylor street and the public alley next above it north, for so much land off of the east part of the Bray lot, and between said Taylor street and said alley, as, in the opinion of said mayor and council, is necessary for a public thoroughfare, upon such terms as may be agreed on between said mayor and council and the owner of said Bray property. Portion of New Orleans street may be exchanged for other lands. SEC. II. Be it further enacted, That upon terms of exchange being agreed upon, the said mayor and council of the city of Griffin, by its proper officers, may execute and accept such deeds and conveyances as may be necessary to consummate said exchange; and thereafter the absolute fee simple title to said portion of New Orleans street shall vest in the party owning the Bray land, with whom the exchange is made, and the title and use of said portion of the Bray lot of land shall be held and enjoyed as other streets of said city are. Consummation of exchange. 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 11, 1891.

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INCORPORATING THE TOWN OF DEXTER. No. 310. An Act to incorporate the town of Dexter, in the county of Laurens, and provide a government for the same. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That the town of Dexter, in the county of Laurens, be, and the same is, hereby incorporated as a town under the name of the town of Dexter. Town of Dexter incorporated. SEC. II. Be it further enacted, That the corporate limits of said town of Dexter shall be one-half mile in any direction from the depot warehouse, on the Empire and Dublin Railroad. Corporate limits. SEC. III. Be it further enacted, That T. A. Wood be, and he is, hereby appointed mayor, and J. H. Witherington, W. W. Wynn, W. L. Herndon, J. H. Smith and T. H. Shepard be, and they are, hereby appointed aldermen of said town of Dexter, to hold their offices until the first annual election as hereinafter provided. Temporary government. SEC. IV. Be it further enacted, That the municipal government of said town shall be vested in a mayor and five aldermen, who shall be styled the mayor and aldermen of Dexter, and by that name are hereby made a body corporate. As such they shall have perpetual succession; shall have a common seal; may contract and be contracted with; may sue and be sued, purchase, receive, hold, possess, sell and convey, for the use of said town, real or personal estate of any kind; that said mayor and aldermen shall hold their offices for one year, or until their successors are elected and qualified. They shall be freeholders in said town, not under twenty-two years of age, and shall have been bona fide resident of said corporation for three months preceding their election. Corporate name, government and general powers. Terms of office and qualifications of mayor and aldermen. SEC. V. Be it further enacted, That the first annual election for mayor and aldermen of said town shall be held on the first Thursday in January, 1892, and on the same day in each year thereafter. The voters at said elections shall be bona fide residents of said town, and who are otherwise qualified to vote for members of the General Assembly, and who, if required, shall make oath to the said qualifications. Time for holding elections. Qualifications of voters. SEC. VI. Be it further enacted, That said election shall be held at the town hall in said town, and that any two citizens who shall be freeholders, or one citizen a freeholder and one Justice of the Peace, or Notary Public, may hold and manage said election. The polls shall be opened at 10

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o'clock A. M. and close at 2 o'clock P. M. Said managers shall take the oath required by the statutes of this State of all managers of elections held for State or county officers; shall receive and count the votes cast at said election; shall keep the two lists of persons voting at such election and two tally sheets, and shall deposit at the close of the election one list of voters and one tally sheet, both certified to being true and correct, in the office of the clerk of council to be by him kept for inspection; also, when said managers have finished the count, they shall give to the persons receiving the highest number of votes cast certificates under their hand and seal of election as mayor or alderman, as the case may be. Regulations as to elections. SEC. VII. Be it further enacted, That the mayor and each alderman, before entering on the duties of his office, shall be required to take and subscribe the following oath: I do solemnly swear that I will well and truly perform the duties of mayor (or alderman, as the case may be) of the town of Dexter as in my judgment will best promote the general welfare of the inhabitants of said town and the common interest thereof, and in accordance with the laws governing the same, so help me God. Official oath. SEC. VIII. Be it further enacted, That the said mayor and aldermen may elect one of their number mayor pro tem. , who shall have authority to discharge the duties of mayor, whenever, from sickness, absence from town or other cause, the mayor is unable or fails to act, or during any vacancy in the office of mayor. Mayor pro tem. SEC. IX. Be it further enacted, That said mayor and aldermen at their first meeting, after being elected and qualified, shall have the power to elect a clerk, who may be treasurer, and also power to elect a marshal. They shall have power to fix the compensation of such officers, their term of office, require such security for the faithful performance of duty, to prescribe the powers and define the duties of such clerk and marshal, and to adopt and enforce all such rules and regulations as may be essential to their own government as mayor and aldermen. Subordinate officers. SEC. X. Be it further enacted, That said mayor and aldermen shall have power within said town to lay off, establish, vacate, alter, improve and keep in good order and repair, the streets, roads, alleys and sidewalks for the use of the public and citizens of said town; to establish and regulate markets; to prevent injury or annoyance to the public or individuals from anything dangerous, offensive or unwholesome; to prevent hogs, horses, cattle, sheep, goats or other animals from going at large in said town; to regulate the

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keeping of gunpowder or other combustibles; to have charge of the cemeteries of said town for the purpose of keeping them in good order and preservation; to protect the property of persons, citizens of said town, from injury; to preserve peace and good order, and for this purpose to appoint when necessary a police force to assist the marshal in the discharge of his duties; to provide a revenue for said town by levying a tax on the property situated in said town, which tax shall not in any year exceed one-half of one per cent. of the value of said property, and such specific taxes only as are herein distinctly mentioned and set forth; all said taxes levied to be in accordance with the Constitution and laws of this State, and to ascertain the value of property in said town for the purpose of taxation. Said mayor and aldermen shall have power to appoint three assessors, bona fide residents of said town, to serve one year, whose duties shall be as defined by said mayor and aldermen and in accordance with the powers conferred by this Act; provided , that expenditures of money and labor performed shall be for the general benefit and public improvement of the town. General municipal powers. Ad valorem tax. Specific taxes. Tax-assessors. Expenditures of money. SEC. XI. Be it further enacted, That in order to carry into effect all the powers hereinbefore enumerated and by this Act conferred upon said corporation and said mayor and aldermen, the said mayor and aldermen shall have power to make and pass all needful orders, by-laws, ordinances, rules and regulations, not contrary to the Constitution and laws of this State, and impose, prescribe and enact reasonable fines, penalties and imprisonments in the county jail of the county, or such other place as the corporate authorities may provide, for a violation of the same, or any part thereof; provided, however , no penalty for such violation shall exceed a fine of fifty dollars in amount, or imprisonment for more than thirty days, except as hereinafter provided; and it shall be lawful, for the purpose of enforcing said ordinances of said town, in lieu of fine or imprisonment, said penalty may be to work on the streets of said town, not to exceed twenty (20) days at any one time for one penalty; provided , that the corporate authorities alone shall be liable for the jail fees of all persons confined therein for violation of town laws; and provided further , that the jailer shall not be compelled to receive any prisoner sentenced under the provisions of this Act, until satisfactory arrangements have been made by the corporate authorities for the payment of the jail fees; provided , the rights of appeal to council and the courts is hereby given. General powers as to ordinances, by-laws, etc. Fines, penalties, etc. Jail fees. Appeals. SEC. XII. Be it further enacted, That said mayor and aldermen shall have complete control of the manufacturing and

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wholesaling and retailing of spirituous, vinous and malt liquors within said town; provided , the license fee for retailing said liquors shall not be less than one thousand dollars per annum; and provided , that no license shall be issued for less time than one year, and all bonds taken from persons applying for license shall contain a waiver of all homestead and exemption rights, and such bondsmen and their securities are actual and bona fide possessors of the amount fixed in said bond, over and above all debts, liabilities and exemptions allowed by the laws of the State, and who, upon signing said bond, will make affidavit to their pecuniary qualification as aforesaid; provided , nothing herein contained shall be construed to apply to wines or beer made from grapes, berries and fruits grown in and around said town. Manufacture and sale of liquors. SEC. XIII. Be it further enacted, That all male citizens of said town not under sixteen years of age nor over fifty years of age are hereby made liable to road and street duty, and shall, if required by council, work, not exceeding six days in any one year and not exceeding one day in any one month by himself or an accepted substitute (to be judged by the mayor), on the streets, roads, sidewalks or alleys of said town, under the direction of such superintendent of street work as the council may appoint, or he may be relieved from such work upon payment of three (3) dollars to said council as commutation street tax, and all funds arising from this source or in the matter of streets shall be applied only to the repairs of streets, sidewalks, alleys and the improvement of the same; provided , the person subject to street and road duty in said town shall be exempt from all other road duty. Street working and tax. SEC. XIV. Be it further enacted, That the mayor shall be the chief executive officer of said town; he shall preside at all meetings of the council, and in case of a tie give the deciding vote; he shall preside at all the police courts and shall hear and determine the same, and upon trial of offenders, he shall punish by such fine, imprisonment, or both, as in his discretion shall seem just, or in lieu of fine or imprisonment, he may sentence such offenders to work on the streets, and in case of fine being imposed, said mayor shall have power to enter up judgment against the offender for the amount of fine imposed, or for taxes assessed and unpaid, and costs of proceedings; and it shall be the duty of the clerk of council to issue execution thereon directed to the marshal of Dexter and all and singular the constables of this State, which execution shall bear test in the name of the mayor, and may be levied upon any property

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of the defendant in this State, subject by law to levy and sale, and the same laws, rules and regulations which govern constables' sales in this State shall govern marshal sales and constables' sales made under the provisions of this Act. Duties and powers of mayor. Executions. Levies and sales. SEC. XV. Be it further enacted, That within the corporate limits of said town, said mayor or acting mayor shall be ex officio justice of the peace for the purpose of administering oaths and attesting papers under his seal, and for issuing warrants for offences committed in said town against the State or individuals, and shall have power to sit as a court of inquiry, and of binding or committing to jail the offenders, to appear before any court having jurisdiction of the same; that said mayor, sitting as a judge of the police court or as a court of inquiry, shall have power to punish for a contempt by a fine not to exceed ten (10) dollars or imprisonment not to exceed five (5) days. Mayor ex officio justice of the peace. Punishments for contempt. SEC. XVI. Be it further enacted, That the question of extending the limits of said town at any time shall be submitted to the people of the district or districts to be included, and if a majority of the qualified voters resident therein shall vote for such extension the same may be made. Extensions of limits. SEC. XVII. Be it further enacted, That this Act shall take effect and be of force from and after its passage, and all laws and parts of laws in conflict herewith are hereby repealed. Approved August 22, 1891. INCORPORATING THE TOWN OF HAZLEHURST. No. 313. An Act to incorporate the town of Hazlehurst, in the counties of Appling and Coffee, to define the limits of said town, to provide for a mayor and aldermen for the government thereof, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That the town of Hazlehurst, in the counties of Appling and Coffee, be, and the same is, incorporated as a town, under the name of the town of Hazlehurst, with limits extending one mile in all directions from the depot of the East Tennessee, Virginia and Georgia Railroad. Town of Hazlehurst incorporated. Limits. SEC. II. Be it further enacted, That the government of said town shall be vested in a mayor and seven aldermen, who are hereby constituted a body corporate, under the name

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and style of the mayor and aldermen of the town of Hazlehurst, and by that name and style shall have perpetual succession, and by said name shall be capable to sue and be sued, plead and be impleaded, and do all other acts relating to their corporate capacity, and shall be capable in law to purchase, hold, receive, enjoy and possess, to retain to them and their successors for the sole use and benefit of Hazlehurst, any real or personal property, and to sell or lease the same in any way. Government. Corporate name and general powers. SEC. III. Be it further enacted, That the mayor and aldermen of said town shall be elected annually on the first Saturday in January by the registered voters of said town. Their term of office shall be one year or until their successors are elected and qualified. Should the time for the annual election pass without its being held, the mayor and aldermen may order an election, giving ten days' notice of the same; said election to be conducted by three freeholders of said town, in all respects as elections for members of the General Assembly are. Elections, etc. SEC. IV. Be it further enacted, That before entering upon the duties of their office they shall take and subscribe the following oath: I do solemnly swear that I will faithfully perform the duties incumbent upon me as mayor (or alderman) of the town of Hazlehurst, to the best of my ability, so help me God. Oath of office. SEC. V. Be it further enacted, That the said mayor and aldermen shall have power to elect such marshals, clerks and other subordinate officers as they may find necessary, prescribe their duties, fix their compensation, and require such bonds of them as they may deem necessary. Subordinate officers. SEC. VI. Be it further enacted, That the said mayor and aldermen shall have power to pass and make all ordinances, by-laws, rules and regulations necessary for the good government, peace, order and health of said town, and all the powers herein granted: provided , they are not repugnant to the Constitution and laws of this State or of the United States. General power as to ordinances by-laws, etc. SEC. VII. Be it further enacted, That the mayor shall be the chief executive officer of the town; that he shall have jurisdiction to try all persons charged with the violation of any of the ordinances, rules or regulations of said town, and upon conviction to punish such persons, by fine not exceeding one hundred dollars and not less than one dollar, or imprisonment not exceeding thirty days, or work upon the streets of said town not exceeding sixty days. Any or all of said punishments may be inflicted in the discretion of said mayor or person acting as mayor in the trial of persons. Trial and punishment of offenders.

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SEC. VIII. Be it further enacted, That the said mayor and aldermen shall elect one of their number mayor pro tem. , who shall act in the absence of the mayor, or when he is disqualified, and when so acting shall exercise any of the duties of said office. Mayor pro tem. SEC. IX. Be it further enacted, That if, upon the trial of any person in the mayor's court, it shall appear from the evidence that there is probable cause for his detention to answer for the violation of any of the criminal laws of this State, shall issue his warrant, setting forth his offence, and commit him to the courts having jurisdiction. Mayor may commit for violation of criminal laws. SEC. X. Be it further enacted, That the mayor when presiding in his court shall have power to punish for contempt of court any person disturbing said court, refusing to obey its mandates, or in any way guilty of contempt thereof, by fine not to exceed twenty dollars for each act of contempt, or imprisonment not exceeding three days. Punishments for contempt. SEC. XI. Be it further enacted, That the said mayor and aldermen shall have power to levy and collect a tax not exceeding [frac38] of one per cent. upon all property subject to State and county taxes, within the limits of said town, for the support and maintainance of said corporation. They are also empowered to levy and collect a tax in like manner, not exceeding of one per cent. for the support of a common public school system, and which they are hereby authorized to establish and maintain upon such plans and under such regulations as they may deem best. Ad valorem tax. Public schools. SEC. XII. Be it further enacted, That the said mayor and aldermen may elect a city tax-receiver and collector, whose duty it shall be to receive returns of property for taxation, and collect taxes upon the same, in manner prescribed by said mayor and aldermen, or they may appoint a board of three assessors to assess the value of the real estate and other property in said town, in such manner and under such regulations as they may deem proper. City tax receiver and collector. Tax-assessors. SEC. XIII. Be it further enacted, That the said mayor and aldermen shall have power to levy a special tax or license upon any and all places of business of every kind, and all professions and occupations carried on in said town, upon all shows, exhibitions and performances, billiards, pool or other tables for playing at games, and all establishments of like character. They shall have power to grant license, fix and regulate the sale of spirituous or malt liquors within the corporate limits of town; provided , that the fee for license to sell spirituous or malt liquors shall not be less than ten thousand dollars per annum. Any person doing a business for which a license is required without first paying

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for and procuring the same shall be punished as prescribed in section 7 of this Act. Special taxes of licenses. SEC. XIV. Be it further enacted, That the said mayor and aldermen shall have power to condemn property, paying a fair market value for it, to open, lay out, widen or improve streets, lanes, alleys or sidewalks. Condemnation of property. SEC. XV. Be it further enacted, That the said mayor and aldermen shall have power to compel all persons subject to road duty under the general road laws of the State, residing in the incorporated limits of said town, to work the streets fifteen days in each year, and in default shall have power to fine or otherwise punish defaulters in full and like manner as commissioners of public roads have the power to do; provided , that the said mayor and aldermen may fix a commutation fee, annually or for a shorter time, which will exempt the party paying same, as they stipulate, from work upon the streets for the time specified. Street working and tax. SEC. XVI. Be it further enacted, That in the event the office of mayor or alderman or any subordinate office of said town shall become vacant by death, resignation or removal, the said vacancy shall be filled by the said mayor and aldermen. Vacancies. SEC. XVII. Be it further enacted, That as it is necessary for the immediate incorporation of said town, J. J. Lewis is hereby appointed mayor, and J. H. Latimmer, D. L. Girtman, J. M. Odum, W. H. Pace, R. T. Williams, J. L. Milton, J. O. Hart as aldermen, who, upon being qualified, shall exercise all of the duties and powers conferred by this Act upon the mayor and aldermen of the town of Hazlehurst, and until their successors are elected and qualified. Said election shall be held within sixty days after the passage of this Act, ten days' notice being given prior to the election. Temporary mayor and aldermen. First election. SEC. XVIII. Be it further enacted, That the clerk of council shall be ex officio registrar of said town, and open his books for registration eighteen days before each election for mayor and aldermen, and keep them open from 9 A. M. until 12 M., and from 2 P. M. to 4 P. M., for ten days, Sundays excepted. He shall register all male persons who apply in person and not by proxy, and who will take and subscribe the following oath, which the said clerk is hereby authorized to administer, to-wit: I do swear (or affirm) that I am twenty-one years of age, have resided in this State one year, and in this town thirty days next preceding this election. I have paid all taxes which, since the adoption of the present Constitution of this State, have been required of me previous to this year, and which I have had an opportunity to pay. Registration of voters.

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SEC. XIX. Be it further enacted, That the clerk shall furnish the managers of the election for mayor and aldermen with a list of all persons who have registered, with their names arranged in alphabetical order. Registry lists to be furnished election managers. SEC. XX. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 22, 1891. AMENDING CHARTER OF CONYERS. No. 319. An Act amendatory of the several Acts heretofore passed relating to the city of Conyers, in the county of Rockdale, and to enlarge and define the powers and duties of the mayor and aldermen and other officers of said city, and for other purposes. SECTION I. The General Assembly of Georgia do enact, That from and after the passage of this Act, in the election for mayor and aldermen of said city of Conyers, the same shall be held and superintended by one Justice of the Peace or a Notary Public, who is ex officio a Justice of the Peace, and two freeholders, all residents of said city, or in the absence or refusal to act on the part of either of said magistrates, then any three freeholders of said city may manage and hold said elections (none of said managers being candidates in said elections). Said elections shall be conducted as nearly as practicable in accordance with the election laws of this State for members of the General Assembly, the managers first taking and subscribing the usual oath of such officers. After said election such managers shall give certificate of election to each of the persons elected, setting forth the time and place of such election, and the office to which he was elected, which certificate shall be recorded by the clerk of said city, on the minutes of its proceedings, which certificate shall be held as sufficient evidence of their election. Said election shall be held at the court-house of said city, or at such other place as may be directed by ordinance of the city. Regulations as to elections for mayor and aldermen. SEC. II. Be it further enacted, That no person shall be permitted to vote at any of the elections of said city who has not paid all the taxes, to-wit, State, county or said city, that has been required of him; and any person who shall vote at any of said elections without the payment of said taxes, or more than once at said election, or without

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being qualified to vote thereat, shall be guilty of a misdemeanor, and on indictment and conviction thereof shall be punished as prescribed in section 4310 of the Code of Georgia. Qualifications of voters. Illegal voting. SEC. III. Be it further enacted, That in the event of a vacancy of the mayor or any of the aldermen from any cause, the remaining aldermen and mayor (if in office) shall order an election to fill such vacancy for the unexpired term; provided , that said unexpired term be not less than thirty days, and notice of such election shall be advertised in two or more public places in said city for the space of ten days, or in a newspaper published therein, which election shall be conducted and certified as provided for in section 1 of this Act. Vacancies. SEC. IV. Be it further enacted, That the mayor and Board of Aldermen shall be elected on the first Saturday in December in each year, but they shall not enter upon the discharge of their duties until the first Monday in January next thereafter, and shall hold their office for one year, or until their successors are elected and qualified. And that said mayor and aldermen, before entering upon the duties of their office, shall take and subscribe before some judicial officer of this State the following oath: I do solemnly swear that I will, to the best of my ability, discharge the duties of my office as mayor (or aldermen, as the case may be) of said city of Conyers, during my continuance in office, so help me God, which oath shall be filed with and kept by the clerk of said city council. Time for holding elections. Official term. Oath. SEC. V. Be it further enacted, That the qualification ( of that ) of mayor and aldermen of said city shall be the same as that of electors therein. Qualifications for office. SEC. VI. Be it further enacted, That when any voter is challenged and sworn in the elections aforesaid, it shall be so written opposite his name on the list of voters and on his ballot. Challenged voters. SEC. VII. Be it further enacted, That the ballots in said election shall not be examined by the managers nor the bystanders, but shall be carefully sealed in a strong envelop, (the managers writing their names across the seals), and delivered to the clerk of the council, by whom they shall be kept, unopened and unaltered for sixty days, after which time, if there is not a contest begun about said election, the said ballots shall be destroyed by said clerk without opening or examining the same or permitting others to do so; and if the clerk shall violate or permit others to violate this section, he and the person or persons violating shall be subject to be indicted therefor and punished as prescribed in section 4310 of the Code. Preservation and disposition of ballots. Penalty for violating this section.

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SEC. VIII. Be it further enacted, That the mayor and aldermen elect shall, at their first meeting in January, or so soon thereafter as the same can be done, elect from said aldermen a mayor pro tem. , who shall in the absence of the mayor, or when he cannot act as such, have all the powers of said mayor, and shall do and perform all the duties of mayor. Mayor pro tem. SEC. IX. Be it further enacted, That the mayor and aldermen of said city shall, at the first meeting after they enter upon the discharge of their duties, elect from the qualified voters of said city a clerk, a treasurer and a marshal, and also a deputy marshal if necessary (which last may be selected at any time), whose term of office shall be for one year, unless sooner removed by said mayor and aldermen. Each of the said named officers shall give a bond with good security for the faithful discharge of the duties as shall be required of them in their offices, said bonds to be payable to the said mayor and aldermen and their successors in office in such sums as shall be fixed by said mayor and aldermen, or by ordinance of said city, and for a breach of any of said bonds, the same may be sued on in any court having jurisdiction of same; and the salaries of the officers named in this section shall be fixed by said mayor and aldermen at their first meeting in January, or so soon thereafter as convenient, which shall not be changed during the term of said officers, and said aldermen shall have the power at said meeting to fix the salary of the mayor. Subordinate officers. Bonds. Salaries. Salary of mayor. SEC. X. Be it further enacted, That it shall not be lawful for the mayor, or any of the aldermen, to be interested, either directly or indirectly, in any contract with the city of Conyers, for the performance of any work of any sort which is to be paid out of the treasury of said city. Any violation of this section by the mayor or any of the aldermen shall, on conviction thereof, be punished as prescribed in section 4310 of the Code of Georgia. Mayor and aldermen not to be interested in contracts of city. Penalty. SEC. XI. Be it further enacted, That in case the mayor or any of the aldermen of said city while in office shall be guilty of willful neglect, malpractice or abuse of said office, he shall be liable to be convicted before the Superior Court of Rockdale county, and on conviction thereof shall be punished as prescribed in section 4310 of the Code. Neglect or malpractice in office. SEC. XII. Be it further enacted, That the legislative department of said city shall be vested in the mayor and the Board of Aldermen, and it shall be styled the mayor and council, and a majority of said aldermen shall constitute a quorum, but in all cases a less number may adjourn from time to time and compel the attendance of absentees. Any

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alderman shall have the right to call for the yeas and nays, and have the same recorded on the minutes in all cases. Legislative department. Quorum, etc. Yeas and nays. SEC. XIII. Be it further enacted, that the mayor shall be the chief executive officer of said city; he shall see that all the laws and ordinances of the city are faithfully executed; he shall be, to all intents and purposes, a justice of the peace, in so far as to enable him to issue warrants for any violation of any by-law or ordinances of said city, or for any offence against the laws of said State, committed within the limits of said city, and try the accused for offences committed in said city against the city ordinances thereof, and impose such penalties as may be prescribed by said ordinance or by-laws; and to inquire of the offences against the laws of the State, for which he may have issued warrants, and to commit or bail the accused for his appearance at the next Superior Court of Rockdale county; and if it shall appear, upon investigation for any offence against the accused before him as mayor, that the crime charged is a State offence, then he shall also commit or bind said accused for his appearance at the next Superior Court for said county to answer said charge. Said mayor shall have power to issue or have issued subp[oelig]nas in all cases and compel the attendance of witnesses from any part of said Rockdale county, and punish witnesses for disobeying the same; and said mayor may, in an emergency, increase the police force of said city. Duties and powers of mayor. SEC. XIV. Be it further enacted, That it shall be the duty of the secretary to attend all the courts of the mayor and the meetings of the mayor and council and keep a minute of the mayor's court and the proceedings of the mayor and council, and record all orders, by-laws and ordinances, and issue all writs, summons, executions and other papers that may be required of him by said mayor, or mayor and council, and do and perform such other duties as may be required of him as such secretary. Duties of secretary. SEC. XV. Be it further enacted, That it shall be the duty of the treasurer to receive all funds of every sort that may belong to said city which may arise from taxation, license fees, fines, forfeitures or otherwise, and pay the same out as may be directed by said mayor and council or ordinance or otherwise, as the laws of said city may direct. Of treasurer. SEC. XVI. Be it further enacted, That it shall be the duty of the marshal of said city or his deputy to attend the mayor's courts and meetings of said mayor and council and preserve order threat. He shall execute all warrants, precepts and other papers that are placed in his hands by the mayor or the clerk of said city; shall preserve order in said

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city, suppress riots, disorderly conduct or other violations of the ordinances of said city or the laws of the State, and may, when necessary, call to his aid a posse; he shall collect all the taxes due said city, the fines, license fees and all other funds that may be due the same and immediately turn said funds over to the treasurer, and do and perform such other duties and things as shall be required of him by the mayor, or mayor and council, or by the laws of said city; provided , that said mayor and aldermen shall have the right and power to have the taxes and other dues to said city collected by any citizen thereof, on such terms and conditions as they may prescribe. Of marshal or his deputy. SEC. XVII. Be it further enacted, That said clerk, treasurer and marshal; before entering upon the discharge of their office, shall give the required bonds and take such oaths as shall be required of them under the laws of said city. Bonds and oaths of clerk, treasurer and marshal. SEC. XVIII. Be it further enacted, That the mayor and aldermen shall make all ordinances, rules and regulations necessary for the proper government of said city, not in conflict or inconsistent with the laws of this State; to open and lay out such new streets in said city as the public interest may require; to widen and straighten or otherwise change the streets, lanes, alleys or sidewalks in said city, or to close same when necessary, and to curb, pave, drain and bridge said streets or sidewalks when necessary, and remove all obstructions therefrom, and cause the shutters of gates which open upon the streets or sidewalks to be kept closed; to prevent obstructions to said sidewalks or streets, and keep in good order and repair the roads, streets, bridges, sidewalks, alleys, drains and gutters, and remove nuisances from the same, alter or change the grade of the streets and sidewalks when necessary; and when any controversy may arise between any citizen and the said city, as to the injury of said citizen's property by reason of the widening, straightening or otherwise changing the streets, lanes, alleys or sidewalks, or laying out of new streets, or the changing of the grade of said streets or sidewalks, it shall be the duty of the complaining party to select one freeholder in said city, and city select another freeholder therein, said two freeholders selecting a third freeholder of the city, who shall examine, hear evidence, etc., and report to said mayor and aldermen the amount of damages that may be assessed under such rules and regulations as may be prescribed by said mayor and council, and in case the said complaining party shall fail or refuse to select said assessor, or that said assessor shall fail or refuse to act as such, then the said city may select the three assessors or freeholders, who shall act

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in the premises as above required, and make report to said mayor and council, who may act in the matters as they deem best. General powers as to ordinances, etc. Opening, etc., of streets, sidewalks, etc. Obstructions. Repairs. Nuisances. Grades. Injury to private property. SEC. XIX. Be it further enacted, That said mayor and aldermen shall make all ordinances, rules and regulations for the preservation of the health, safety and good order of said city; to regulate and control all taverns and public houses; to establish and regulate markets, and regulate all butcher-pens, sties for swine, privies and closets, and have the same removed when on or too near the sidewalks or streets; all fish-ponds or other collections of water in said city; livery stables, blacksmith shops, forges, stoves and chimneys in said city, and remove the same, or any one of them, in case they shall become dangerous or injurious to the health or property of any citizen of said city, or have moved or abated any or other thing or things that may be deemed by them to be a nuisance and injurious to the health, peace and quiet of said city; to protect places of public worship; to regulate the keeping of gunpowder or other combustibles; to establish fire limits within said city, and prescribe or direct of what material houses built within certain limits shall be composed; provide cemeteries for the burial of the dead and regulate interments therein; to make regulations for guarding against fire; to organize and equip fire companies; to fill open or dry wells or other excavations on unenclosed premises, and to suffer no stagnant water to remain within the limits of said city; and to fully carry out any of the provisions of this section may inflict such penalties as said mayor and council shall prescribe. General municipal powers. SEC. XX. Be it further enacted, That said mayor and aldermen shall have power to pass all ordinances and by-laws for the suppression and punishment of any disorderly conduct in said city, profanity, drunkenness on the streets to the disturbance of others, loud and boisterous conversation, loud singing on the streets, fast riding and driving thereon, quarrelling to the disturbance of the citizens, and to pass all other ordinances and by-laws which they may deem necessary for the preservation of good order, the peace, safety and comfort of the said city and citizens thereof and enforce the same by fine not exceeding fifty dollars, imprisonment in the calaboose not exceeding thirty days, to work in the work or chain-gang on the streets of said city or such other place that may be designated, not to exceed thirty days, and any one or more of these punishments may be ordered or inflicted at the discretion of the mayor, and to punish in like manner all other offences in violation of the law and ordinance of said city, and in like manner punishment

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may be imposed on any one who may have or keep for sale any intoxicating liquors or intoxicating bitters within said city; provided , this does not apply to any druggists or apothecaries. Authority as to disorderly conduct, quarrelling, fast riding or driving, etc. Penalties. Liquors. SEC. XXI. Be it further enacted, That the mayor and aldermen shall have power to impose and require by ordinance or by-law a license fee on such terms and in such amount as they shall deem fit, not to exceed thirty dollars, on all billard, pool and other tables of like character used in said city for rent or profit, and on all ten or nine-pin alleys or like tables used for the playing of balls or pins, for rent or profit, and all circuses and shows of every sort and kind, which may exhibit in said city for gain, all sleight of hand and legerdemain performances or shows, all flying horses or jennies, all itinerant candy manufacturers, or vendors, all auctioneers (except sheriffs, constables, marshals and vendors of the citizens' own goods), upon all traveling vendors of patent or proprietary medicines, or other articles of like character, soaps, paper, jewelry and all contrivance of whatever kind used for the purpose of gaining or carrying on any game of chance by selling cards, tricks or numbers, or by turning a dial or wheel, or by using any other artifice or contrivance for the sale of goods or other articles for money or gain, and any person or persons who shall engage in any of the businesses mentioned in this section without first paying the license fee as therein embraced or paying the same on demand for said city shall be guilty of a misdemeanor, and may be fined and punished as prescribed in section 20 of this Act, and shall be liable for said license fee, as though no punishment had been inflicted, which may be collected by execution or otherwise as may be directed. License fees. Penalty for doing business without license. SEC. XXII. Be it further enacted, That all the powers and duties as contained in sections 786, 787, 788, 789, 790, 791, 792, of the Code of Georgia of 1882, and the Act approved September 28th, 1881, as codified in said Code as sections 786(b) and 786(c), whenever the same do not conflict with this Act, are hereby adopted and made part of this Act, as the laws of said city. Powers enumerated in certain sections of the Code made part of this Act. SEC. XXIII. Be it further enacted, That said mayor and council shall have full power and authority to require any person, firm, company or corporation engaged in prosecuting or carrying on, or who may engage in, prosecute or carry on any trade, business, calling or vocation within the corporate limits of said city, which is by the laws of said city subject to taxation, as well as all bankers, brokers and commission merchants, to register their names and business, calling or

Page 700

vocation annually, and to require such persons, company or association to pay for such registration and for license to engage in, prosecute or carry on such business or calling, and upon failure so to register and obtain said license in such amount as said mayor and council may require, by ordinance or otherwise, they shall be deemed guilty of disorderly conduct, and on conviction shall be fined and punished as prescribed in section 20 of this Act, and shall nevertheless be liable for said registration fees, and said license tax which may be collected as other taxes due said city are collected. Registry of business. License. Failure to register and obtain license. SEC. XXIV. Be it further enacted, That said mayor and council may require and compel the persons residing within the limits of said city, subject by law to road duty, to work on the streets and walks of said city, not to exceed fifteen days in each year; but may receive in lieu thereof, to be expended upon said streets and walks, a commutation tax from such persons, not exceeding five dollars; and upon the failure or refusal of any person so to work or pay said commutation tax, he may be fined by said mayor, a sum not exceeding ten dollars, and in default of payment of said fine or commutation tax, may be required to work on said streets, not exceeding twenty days. Street working and tax. SEC. XXV. Be it further enacted, That the mayor and aldermen shall have the power and authority to provide for the annual assessment of the taxable property in said city, and the mode and the manner of valuing such property for taxation, and the mode and manner of collecting the same and when to be collected; and should any property-owner be dissatisfied with the assessment or valuation placed upon his or their property, by authority of said city, he or they shall have the right to appeal from said assessment to the mayor and aldermen, and have said assessment corrected by them, if erroneous; provided , said appeal should be made within ten days after the return of said assessment shall have been made to said mayor and aldermen, said taxes and dues to the city may be collected by execution, levy and sale. Assessments for taxation. Disputed valuation. SEC. XXVI. Be it further enacted, That said mayor and council shall have the power and authority to establish a chain or work-gang or other place of labor in which all offenders against the laws and ordinances of said city may be worked when so required by the judgments of said mayor's court under this Act, or of the laws of which it is amendatory, relating to said city. Chain-gang. SEC. XXVII. Be it further enacted, That all of the Acts heretofore passed relating to the town of Conyers and the

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city of Conyers when not in conflict with this Act be, and the same are, hereby continued in force in said city. Former Acts not in conflict with this continue of force. SEC. XXVIII. Be it further enacted, That all Acts and parts of Acts in conflict with this Act be, and the same are, hereby repealed. Approved August 21, 1891. NEW CHARTER FOR DOUGLASVILLE. No. 326. An Act to create a new charter for the town of Douglasville, so as to extend the corporate limits thereof, and to provide for an election on certain conditions therein referred to, and to grant to the mayor and council authority to appoint trustees to manage the schools in said town, and to raise a fund for the schools therein; and to confer certain other rights, powers and privileges on the mayor and council of said town, and for other purposes therein set forth. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That the town of Douglasville, in the county of Douglas, be, and the same is, hereby incorporated under the name of the town of Douglasville. Town of Douglasville incorporated. SEC. II. Be it further enacted by the authority aforesaid, That the corporate limits of said town, from and after the passage of this Act, shall be as follows, to-wit: The center to be a point directly opposite the court-house door in said town, in the center of the track of the Georgia Pacific Railway; thence running along the center of said railway, in each direction, one and one-fourth miles, and extending in width one mile each way from the center of said railway. Corporate limits. SEC. III. Be it further enacted by the authority aforesaid, That the municipal authorities of said town shall be a mayor, a recorder and seven councilmen, who together shall form a common council; but no person shall be eligible to either of said offices unless at the time of his election he reside within the corporation. The mayor, recorder and councilmen of said town, as soon as they have been elected and qualified as herein provided, and their successors in office, shall be a body politic and corporate by the name of the town of Douglasville, and shall have perpetual succession and a common seal, and by that name may sue and be sued, plead and be impleaded, purchase and hold real estate necessary to enable them the better to discharge their duties and needful for the good order, government and welfare of said town. All the corporate powers of such corporation shall be exercised by said council or under their authority, except when otherwise provided. They shall also elect a treasurer and marshal, if they deem necessary, each of

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whom, when elected, shall enter into a bond, with sufficient sureties, approved of by the mayor, in such penalty as the council shall prescribe, payable to the corporation, conditioned faithfully to collect and pay over as required by the council all taxes, fines, forfeitures and all other incomes of said corporation; and said officers shall continue in office during the pleasure of council, and perform the duties respectively as herein prescribed or as may be required by the council. Municipal authorities. Qualifications for office. Corporate name and general powers. Treasurer and marshal. SEC. IV. Be it further enacted by the authority aforesaid, That the first election under this Act shall be held on the first Monday in February, 1891, and annually thereafter on same day. The officers elected in said town shall hold their offices until their successors are elected and qualified. The term of all officers shall commence on the first Tuesday in February in each year, and shall be for one year, and until their successors are elected and qualified. Said elections shall be held at such place in the town and under such supervision, rules and regulations (not inconsistent with the laws regulating county elections) as the council may prescribe; and every person elected or appointed to an office in said corporation shall on next day after his election or appointment, and before he shall enter upon the duties of his office, take and subscribe to the oath of office, which may be done before any person authorized by law to administer oaths, or before the mayor or recorder of said town, which oath, with the certificate of the officer administering the same, shall be filed with the recorder of the town. Elections, etc. Oath of office. SEC. V. Be it further enacted by the authority aforesaid, That the franchises of said corporation shall not be forfeited or discontinued by a failure to hold the election at the proper time; but the officer or other person authorized by law, or on their failure, any justice of the peace therein may at any time, on giving the inhabitants at least five days' notice thereof, by advertisement in some newspaper, or by written or printed notices at three or more public places in the corporation, hold such election, and the person elected at such election shall have the same powers and authorities as if they had been elected at the regular period. Failure to hold elections at proper time. SEC. VI. Be it further enacted by the authority aforesaid, That all persons who have been bona fide residents of said town for six months next preceding a charter election held therein, and who are qualified voters under the Constitution and laws of the State, and none others, shall be allowed to vote at any charter election in said town, but no person shall be deemed a resident of said town by reason of being a student of any school or college therein, or being stationed therein for any temporary purpose. Qualifications of voters. SEC. VII. Be it further enacted by the authority aforesaid, That when a vacancy shall occur from any cause in the office of mayor, recorder or in the council, the vacancy shall be filled by appointment by the council from among the citizens of the town eligible under this charter. All contested elections shall be heard and decided by the council. Vacancies. Contested elections.

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SEC. VIII. Be it further enacted by the authority aforesaid, That the council shall be presided over at its meetings by the mayor, or in his absence by one of the councilmen, elected by a majority of the council present, and a majority of the council shall be necessary to form a quorum for the transaction of business. The council shall cause to be kept, in a well-bound book, an accurate record of all its proceedings, by-laws, acts, orders and resolutions, which shall be fully indexed and open to the inspection of any one who is required to pay taxes in said town. At such meeting of the council, the proceedings of the last meeting shall be read and corrected, if erroneous, and signed by the presiding officer for the time being. Upon the call of any member, the yeas and nays on any question shall be taken and recorded on the journal. The mayor, in case of a tie, shall have the casting vote. Presiding officer of council. Quorum. Minutes, etc. Yeas and nays. Mayor has vote in case of tie. SEC. IX. Be it further enacted by the authority aforesaid, That the council of said town shall have power therein to lay off, vacate, close, open, alter, curb, pave and keep in good order and repair roads, streets, alleys, sidewalks, cross-walks, drains and gutters for the use of the public or of any of the citizens thereof, and to improve and light the same and have them kept free from obstructions on or over them; to regulate the width of sidewalks on the street, and to order the sidewalks, foot-ways, cross-walks, drains and gutters to be curbed and paved and kept in good order, free and clean, by the owner and occupants thereof, or of the real property next adjacent thereto; to establish and regulate markets; to prescribe the time of holding the same; to prevent injury or annoyance to the public or individuals from anything dangerous, offensive or unwholesome; to prevent hogs, cattle, horses, sheep and other animals and fowls of all kinds from going at large in said town; to protect places of divine worship in and about the premises where held; to abate or cause to be abated anything which, in the opinion of the majority of the whole council, shall be a nuisance; to regulate the keeping of gunpowder and other combustibles; to provide in or near the town or village places for the burial of the dead and to regulate interments therein; to provide for the regular building of houses or other structures and for the making of division fences by the owners of adjacent premises, and the drainage of lots by proper drains and ditches; to make regulations for guarding against danger or damage by fire; to protect the property and person of the citizens of said town, and to preserve peace and good order therein, and for this purpose to appoint, when necessary, a police force to assist the marshal in the discharge of his duties; to prescribe the powers and define the duties of the officers appointed by the council, fix their term of service and compensation, require and take from them bonds when deemed necessary, payable to said town in its corporate name, with such sureties and in such penalty as the council may see fit, conditioned for the faithful discharge of their duties; to erect or authorize or prohibit the erection of gas-works or water-works in the town; to prevent injury to or pollution of the same or to the water or healthfulness of the town; to regulate and provide for the weighing of hay, coal and other articles sold or for sale in

Page 704

the town, and to provide a revenue for the town and appropriate the same to its expenses; to provide for the annual assessment of taxable property therein, and to adopt rules for the regulation and government of its body. To carry into effect these enumerated powers, and all others conferred upon said town or its council by this charter, or by any future Act of the Legislature of the State, the council shall have power to make and pass all needful orders, by-laws, ordinances, resolutions, rules and regulations not contrary to the Constitution and laws of this States, and to prescribe, impose and enact reasonable fines, penalties and imprisonments in the county jail or the place of imprisonment in said corporation for a term not exceeding thirty days, for the violation thereof. The expense of maintaining any person committed to the county jail or other place of imprisonment by the mayor shall be paid by the town. General municipal powers. SEC. X. Be it further enacted by the authority aforesaid, That the right and power to organize work-gangs or other means of confinement and to confine at labor therein for a term not exceeding thirty days persons convicted of violating the ordinances of said town, are hereby conferred on said town or its authorities; provided , that said penalty shall be inflicted only as an alternative of failure or refusal to pay fines imposed for such violations. Punishment of offenders. SEC. XI. Be it further enacted by the authority aforesaid, That said municipal corporation shall have full power and authority to provide, by ordinance, for the forfeiture of bonds given by offenders for their appearance before municipal courts, and to fully provide for the collection of the same from the principal and sureties to such bonds by judgment, execution and sale. Forfeiture and collection of appearance bonds. SEC. XII. Be it further enacted by the authority aforesaid, That the mayor, recorder or other proper officer presiding in any municipal court shall have authority to bind over or commit to jail offenders against any criminal law of this State, whenever in the course of an investigation before such officer a proper case therefor shall be made out by the evidence. Mayor, recorder, etc, may commit for violations of State laws. SEC. XIII. Be it further enacted by the authority aforesaid, That the council shall cause to be annually made up and entered upon its journal, an accurate estimate of all sums which are or may be lawfully chargeable an said town, and which ought to be paid within one year, and it shall order a levy of so much as may in its opinion be necessary to pay the same. The levy so ordered shall be upon all dogs in said town, and upon all the real and personal estate therein subject to State and county tax; provided , that the tax so levied shall not exceed one dollar on every hundred dollars of the value thereof; provided further, however , that an additional sum over and above the amount aforesaid may be levied and collected for school purposes and maintenance of schools in said town, as hereinafter provided. Estimate of annual expenses. Tax to be levied. Ad valorem tax. School tax. SEC. XIV. Be it further enacted by the authority aforesaid, That every male resident of said town, not under sixteen nor over fifty years of age, shall, if required by the council thereof, work not exceeding

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fifteen days, by himself or an acceptable substitute, on the roads, streets and alleys of said town, under the direction of the supertendent of roads, streets and alleys, or may be released from such work upon the payment to the superintendent or council of such amounts as may be fixed by the council; the money so paid to be used in the improvement of said roads, streets and alleys, and if said work and money so paid is not sufficient to put and keep the roads (streets and alleys, sidewalks, cross-walks), drains and gutters of such town or village in good repair, the council thereof shall levy a tax on all the subjects of taxation therein sufficient for that purpose, and to pay all other expenses incident thereto. And the municipal authorities are hereby authorized to permit the inclosure of any lane or alley or portion of lane or alley in said town, when the owners of the lots abutting on such lane or alley or portion of the lane or alley sought to be secluded, and the owners of any other lots, to the enjoyment of which access through said lane or alley is necessary, consent; provided , that said municipal authorities may have the right at any time to reopen said lane or alley. Street working and tax. Enclosure of lanes or alleys. SEC. XV. Be it further enacted by the authority aforesaid, That whenever anything for which State license is required is to be done in said town, the council may require a town license therefor and may impose a tax thereon for the use of the town, and may also require a bond, with sureties conditioned as prescribed in section 3, payable to said town in such penalty as it may think proper, and may revoke such license at any time if the conditions of said bond be broken; and they shall have power to license and regulate the management of bar-rooms, saloons, hotels and private boarding houses, livery stable and private and public transportation through the town, and in addition to the ad valorem tax provided for by law, to levy a tax on all billiard tables, ten-pin or nine-pin alleys and tables and alleys of any other kind used for the purpose of playing on with pins or balls or both within said town, and on all contrivances of whatever kind used for the purpose of gaming or carrying on a game of chance, by selling cards, tickets or numbers, or by turning a deal or wheel, by using any other artifice or contrivance. They shall also have power to tax all shows taxed by the laws of this State, which may exhibit in said town, which tax may be collected, if not voluntarily paid, by execution and levy and sale, as provided for the collection of taxes under the general law prescribing the mode of incorporating towns and villages, and said council shall have full power to pass all ordinances necessary to carry into effect the provisions of this section. License, axes, etc. SEC. XVI. Be it further enacted by the authority aforesaid, That it shall be the duty of the marshal to collect the town taxes, fines, levies and assessments, and in case the same are not paid within one month after they are placed in his hands for collection, the council shall issue execution therefor, and the marshal may levy and sell therefor in like manner and under the same regulations as the officers of the State are now authorized to levy and sell under other executions. Collection of taxes, fines, etc.

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SEC. XVII. Be it further enacted by the authority aforesaid, That there shall be a lien on real estate within said town for the town taxes assessed thereon, and for all other fines and penalties assessed or imposed upon the owners thereof by the authorities of said town, from the time the same are assessed or imposed, which shall have a priority over all other liens except the lien due the State and county, and may be enforced in the same manner as now prescribed by law for the enforcement of the lien for county taxes, or in such other manner as the council may by ordinance prescribe. Lien for taxes, fines. SEC. XVIII. Be it further enacted by the authority aforesaid, That the mayor shall be the chief executive officer of the town; he shall take care that the orders, by-laws, ordinances, acts and resolutions of the council are faithfully executed; he shall be ex-officio Justice of the Peace within the town; 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 criminal cases. He shall have control of the police of the town, and may appoint special police officers whenever he deems it necessary; and it shall be his duty, especially, to see that the peace and good order of the town are preserved, and that persons and property therein are protected; and to this end he may cause the arrest and detention of all riotous and disorderly persons in the town before issuing his warrant therefor. He shall have power to issue executions for all fines, penalties and costs imposed by him, or he may require the immediate payment thereof; and in default of such payment he may commit the party in default to the jail of the county in which said town is situated or other place of imprisonment in said corporation until the fine or penalty or costs shall be paid; but the term of imprisonment in such case shall not exceed thirty days. In the absence from the town or sickness of the mayor, or during any vacancy in the office of mayor, any one of the councilmen, selected by the majority, shall perform his duties and be vested with all his powers. Duties and powers of mayor. Absence of mayor or vacancy in his office. SEC. XIX. Be it further enacted by the authority aforesaid, That the mayor, recorder and marshal of the town shall each receive such compensation for their services as may be fixed by council, which shall not be increased or diminished during their term of office. This section shall also apply to all officers elected or appointed to office in said town. Compensation of mayor and other officers. SEC. XX. Be it further enacted by the authority aforesaid, That no person holding office in said corporation shall, during the time for which he was elected or appointed, be capable of contracting with such corporation for the performance of any work which is to be paid for out of the treasury; nor shall any person be capable of holding or having any interest in such contract, either by himself or by another, directly or indirectly, without the consent of the mayor and council. Officers may not be interested in contracts with the corporation. SEC. XXI. Be it further enacted by the authority aforesaid, That the town shall not create any debt, except the ordinary expenses of said town, unless by a vote of a majority of the citizens of said town,

Page 707

at an election to be held specially for that purpose. (See Constitution of 1877, Art. VII., Sec. 7.) Creation of debts. SEC. XXII. Be it further enacted by the authority aforesaid, That J. T. Duncan, J. L. Selman, J. B. Baggett, T. R. Whitley A. W. McLarty and J. S. James, the present trustees of the Douglasville college, together with B. G. Griggs, the present mayor of Douglasville and ex officio chairman of said Board of Trustees, and their successors in office, shall constitute a Board of Trustees for the schools of said town and shall, by virtue of their office, have all the rights, powers and privileges in relation to the Douglasville college as is granted to them in the charter of said college, granted June 14, 1889. Board of Trustees or schools. SEC. XXIII. Be it further enacted by the authority aforesaid, That the terms of office of A. W. McLarty, J. B. Baggett and J. S. James shall expire on the first Monday in October, 1891, and of J. T. Duncan, T. R. Whitley and J. L. Selman shall expire on the first Monday in October, 1892. Terms of trustees. SEC. XXIV. Be it further enacted by the authority aforesaid, That on the first Monday in October, 1891, or as soon thereafter as may be practicable, the council of said town shall elect, by ballot, as other elections are conducted, three trustees to succeed those whose term of office shall expire at that time, and the term of said trustees, and all elected after that time, shall be two years, unless elected to fill an unexpired term, and three trustees shall be elected annually, as aforesaid, on the first Monday in October, for the term of two years. Election for new trustees, etc. SEC. XXV. Be it further enacted by the authority aforesaid, That the mayor of said town of Douglasville shall be ex officio , a member of said Board of Trustees and chairman of the same. Mayor ex officio trustee and chairman of board. SEC. XXVI. Be it further enacted by the authority aforesaid, That said Board of Trustees shall have authority to establish and, from time to time, modify a system of public schools for said town; shall have authority to purchase, rent or receive gratuitously from any person or persons, and control buildings or anything necessary for school purposes; to employ teachers, fix their salaries, and suspend or discharge them for good causes, as in their judgment may seem best for all parties concerned. They shall prescribe the terms upon which students may be received into said schools; and establish such rules and regulations as they may deem right and proper for maintaining a system of public schools in said town, not inconsistent with the Constitution and laws of this State. Powers of Board of Trustees. SEC. XXVII. Be it further enacted by the authority aforesaid, That the mayor and council of the town of Douglasville, on recommendation of said Board of Trustees, are hereby authorized and required to levy and collect a tax annually, in addition to that provided for in section 13 of this Act, not to exceed five-tenths of the one per centum, on the real and personal property of said town, for the purpose of establishing and maintaining a system of public schools in said town; provided , the money so raised by taxation or otherwise for school purposes; shall be used only for school purposes; and provided further , that said school fund, when collected,

Page 708

shall be turned over to the Board of Trustees, to be by them expended for school purposes. School tax. Use of proceeds. SEC. XXVIII. Be it further enacted by the authority aforesaid, That all children whose parents, guardians or natural protectors bona fide reside within the corporate limits of said town shall be entitled to the benefits of said schools. The said Board of Trustees may charge each pupil attending said schools not exceeding ten dollars matriculation fees per scholastic year, and may admit pupils not resident within the corporate limits of said town upon the payment of such tuition as they may prescribe. Pupils. Matriculation fee. Non-resident pupils. SEC. XXIX. Be it further enacted by the authority aforesaid, That so long as public schools are maintained in said town, the County School Commissioner of Douglas county, is hereby authorized and required to pay over to the Board of Trustees for the use of public schools, under such rules and regulations as said board may prescribe, the portion of the common school fund, arising from any source, belonging to said town, to be determined by the number of pupils taught in said schools who reside in Douglas county, to be by them, the said Board of Trustees, expended in the establishment and maintenance of said public schools in said town. Said Board of Trustees are hereby authorized to designate the months in which said public schools shall be taught, to comply with the time prescribed by law for the public schools of this State. Portion of common school fund to be paid to Board of Trustees. How to be expended, etc. SEC. XXX. Be it further enacted by the authority aforesaid, That the white and colored children of said town shall be taught in separate schools. Separate schools for white and colored children. SEC. XXXI. Be it further enacted by the authority aforesaid, That no member of said Board of Trustees shall be mayor, recorder, councilman, treasurer or marshal of said town during his term of office as such trustee, except that the mayor of said town shall be ex officio member and chairman of said Board of Trustees. All vacancies in said Board of Trustee shall be filled by the mayor and council of said town, under the same regulations as a regular election for members of said board. Trustees cannot be officers of the town. Vacancies. SEC. XXXII. Be it further enacted by the authority aforesaid, That the Board of Trustees aforesaid are authorized and empowered to receive, hold and apply any grants or donations of money or property, that may be made by any person or corporation for the benefit of said schools. Grants or donations to schools. SEC. XXXIII. Be it further enacted by the authority aforesaid, That it shall be the duty of said Board of Trustees to keep a correct record of all their acts and doings, and at the end of each scholastic year to officially report the same to the mayor and council of said town of Douglasville Records and reports of Board of Trustees. SEC. XXXIV. Be it further enacted by the authority aforesaid, That said Board of Trustees shall elect from their own number a secretary and treasurer. Said treasurer shall give bond in such amount and with such security as said board may require for the faithful discharge of his duties, said bond to be payable to said Board of Trustees. Secretary and treasurer of board.

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SEC. XXXV. Be it further enacted by the authority aforesaid, That before the provision in section 27 of this Act become operative and take effect, the same shall be submitted to the qualified voters of said town of Douglasville, for which purpose the mayor and council thereof shall order an election, of which thirty days' notice shall be given in the New South , a newspaper published in said town, or by posting notices in three public places in said town, which election shall be held under the same rules and regulations as that required for mayor and council, and the qualification of the voters shall be the same. Those in favor of the provisions of section 27 of this Act shall have written or printed on their ballots for taxation, and those opposed to the provisions of said section 27 shall have written or printed on their ballots against taxation. The managers of said election shall make return thereof to the mayor and council of said town, who shall, on the first opportunity, open said returns and declare the result thereof; and if two-thirds of the qualified voters of said town or two-thirds of those voting shall be for taxation, then the mayor and council shall immediately declare the result, and said section 27 of this Act shall take effect immediately. Should said section not be adopted at said election, the mayor and council may submit the same to another election, under the same rules and regulations as the first, after the expiration of six months from the date of said first election, and may continue to order said election every six months until said section 27 of this Act shall be adopted; provided , that thirty of the qualified voters of said town shall petition the mayor and council to order an election after the second one above provided for; provided further , that in the event that said section 27 should fail to be adopted by the qualified voters as aforesaid, it shall not prevent any of the other provisions of this Act going into effect from and after its passage. Election as to tax for schools. Result. New election. Provisos. SEC. XXXVI. Be it further enacted by the authority aforesaid, That the provisions of this Act shall not be so construed as to repeal any of the provisions or laws now of force under the local option laws of Douglas county, but they shall remain of force the same as if this Act had not been passed. Local option laws now of force not affected. SEC. XXXVII. Be it further enacted by the authority aforesaid, That so much of an Act to incorporate the town of Douglasville, in the county of Douglas, and for other purposes, approved February 25, 1875, as conflicts with the provisions of this Act, and all other laws that conflict with this Act, be, and the same are, hereby repealed. Provisions of Act of Feb. 25, 1875, conflicting with this Act, repealed. Approved August 26, 1891.

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REINCORPORATING TOWN OF HAMPTON. No. 328. An Act to amend, revise and consolidate an Act entitled an Act to incorporate the town of Bear Creek, in the county of Henry, under the name of the town of Hampton, to appoint a Board of Commissioners for the same, and for other purposes, approved August 23, 1872, and the several Acts amendatory thereof; to provide for a mayor and councilmen and define their powers and duties; to change and fix the corporate limits; to establish and fix police regulations therein; to provide a manner of raising revenue therefor; to provide a manner of opening new streets and improving and working the roads, streets and sidewalks therein; to authorize the levy and collection of taxes on he property therein, and all business or callings, to provide for a marshal, his assistants, a clerk, treasurer and assessor, and define their powers and duties; to provide for enforcing processes and sentences of mayor and council, and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act, an Act entitled an Act to incorporate the town of Bear Creek, in the county of Henry, under the name of the town of Hampton; to appoint a Board of Commissioners for the same, and for other purposes, approved August 23, 1872, and the several Acts amendatory thereof, be, and the same are, hereby amended, revised and consolidated, so that the charter of said town of Hampton shall be and read as follows: Act of Aug. 23, 1872, and amendatory Acts amended, revised and consolidated. SECTION I. Be it further enacted by the authority aforesaid, That the corporate limits of the town of Hampton, in the county of Henry, shall extend and embrace one-half mile in every direction from the center of the railroad crossing, near the old depot of the Macon and Western Railroad, in said town. Corporate limits. SEC. II. Be it further enacted by the authority aforesaid, That the municipal government of said town of Hampton shall be vested in a mayor and six councilmen (to be first appointed herein and afterwards elected as hereinafter prescribed), who are hereby constituted a body corporate under the name and style of mayor and council of the town of Hampton, and by that name and style shall have perpetual succession, and shall in said name be capable to sue and be sued, plead and be impleaded

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in any court of law or equity in this State; shall have power to purchase, lease, hold, receive, enjoy, possess and retain to themselves and their successors for the use and benefit of said town, any estate or estates, real or personal, of whatever kind or name, within the limits of said town, and to sell, alien, exchange, lease or convey the same or any part thereof, and to make all contracts and do all other acts relating to their corporate capacity, consistent with the Constitution and laws of said State. Municipal government. Corporate name and general powers. SEC. III. Be it further enacted by the authority aforesaid, That J. W. Stephens be, and he is, hereby appointed mayor, and that J. W. Derick, William Pool, L. C. Dorsett, J. B. Thurman, W. C. Edwards and J. L. Moore be, and are, hereby appointed councilmen in and for said town of Hampton, to qualify and enter upon the duties of their respective offices immediately upon the passage of this Act, and to continue in office until their successors are duly elected and qualified. And said persons so appointed mayor and councilmen are hereby vested with and authorized to exercise all of the powers conferred by this Act, and all of its provisions are hereby made applicable to them the same as if they held their respective offices by election, and the same as if they had been elected and qualified as aforesaid in this charter. And until ordinances and by-laws shall be adopted, in conformity with this charter, by said mayor and council, or their successors in office, those now in force, not inconsistent herewith, shall remain of force. For purposes of taxation on property for the year 1891, said mayor and council are authorized, and may adopt if they see fit, the valuation placed on property by parties in making returns to the receiver of tax returns of the county, without appointing assessors for said year 1891. Temporary mayor and councilmen. Their powers, etc. SEC. IV. Be if further enacted by the authority aforesaid, That on the first Monday of June next, and annually thereafter on the same day, there shall be an election for mayor and six councilmen of said town of Hampton, at which election all male citizens of said town who shall have resided within the corporate limits of said town thirty days before the day of the election, and who may be entitled to vote for members of the General Assembly of this State, and who shall have worked upon the streets of said town the number of days they have been required to during the year in which such election may be held, or paid commutation tax in lieu thereof, according to the laws and ordinances of said town, and all town tax due, shall be entitled to vote at such election, and all persons entitled to

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vote at such election and eligible to office according to the Constitution and laws of this State, shall be eligible to hold any office of said town. At any such election any Justice of the Peace and two freeholders, or in the absence of a Justice, any three freeholders in said town, and who are not candidates, may act as managers, and shall conduct such election as nearly as practicable in accordance with the election laws of this State. Such managers shall give certificates of election to the persons receiving the highest number of votes for their respective offices, which certificate shall be recorded on the minutes of council and shall be held to be the highest evidence of the election of such officer. Any person who shall vote more than once at such election, or contrary to the provisions of this section, shall be guilty of a misdemeanor, as provided by law for illegal voting. Elections for mayor and councilmen, etc. Certificates of election. Illegal voting. SEC. V. Be it further enacted by the authority aforesaid, That in the event of a vacancy in the office of mayor or councilmen, from any cause, the remaining councilmen shall order an election to fill such vacancy, for the unexpired term, and notice of such election shall be advertised in two or more public places in said town, or in a newspaper published therein, at least ten days before such election, which election shall be conducted as provided for in section 4 of this Act. Vacancies. SEC. VI. Be it further enacted by the authority aforesaid, That before entering upon the duties of the aforesaid offices, the persons elected thereto, as well as those herein appointed in section 3 in this Act, shall take and subscribe the following oath: I, , do solemnly swear that I will, to the best of my ability, discharge the duties of for the town of Hampton, during my continuance in office, so help me God. Any person authorized by law to administer oaths, or the acting mayor of said town may administer said oath. The mayor and councilmen and other officers provided for in this Act, except as herein provided in section 3 of this Act, shall hold their offices for one year from the first Monday in July succeeding their election, and until their successors are elected and qualified; provided, nevertheless , that the officers elected by said mayor and councilmen shall be liable to removal by a majority vote of the council (composed of mayor and councilmen) for neglect of duty or malfeasance in office. Oath of office. Terms of office. Removal. SEC. VII. Be it further enacted, by the authority aforesaid, That said mayor and council shall have power to open and improve new streets, upon payment for the land appropriated for the same according to the mode prescribed by law for opening

Page 713

out new roads under the road laws of this State, and repair those already open; to provide such public buildings as may be necessary and for the benefit of said town; to pass ordinances regulating the management of market houses, private and public transportations through the town, bar-rooms and saloons licensed by them (if there should be any), public wells, springs and pumps; to abate nuisances, public or private, suppress all disorderly conduct, disorderly houses and houses of ill-fame within said corporate limits; to prevent loud and boisterous conversation, quarrelling, profanity and obscene language upon the streets or other public places in the town; to prevent the keeping of spirituous or malt liquors for unlawful sale; to disperse disorderly assemblies; to prevent intoxication or drunkenness in said town; to prevent street-walking by females of bad character; to regulate the speed of trains passing through the town; to prescribe the signals to be given by trains and locomotives passing through, arriving at or departing from the town, and to suppress all other whistling or blowing on locomotives by persons connected with such engines or locomotives; to keep open and unobstructed all railroad crossings in the corporate limits of said town; to provide for paupers living in, and to prevent paupers from being imposed on, the town. Said mayor and council shall have power to enact appropriate ordinances for the accomplishment of all of the purposes hereinbefore enumerated, and for the punishment of offenders in relation to any of the matters aforesaid, and all ordinances they may deem necessary for preserving the peace, health or good order, and good government of the town and to enforce all ordinances by them adopted not inconsistent with the laws of their State, and to punish any person or persons who shall violate any such ordinances, by fine not to exceed fifty dollars, or imprisonment not to exceed twenty days, or work upon the streets or other works of said town not to exceed twenty daysany one or all of these punishments in the discretion of the council. General municipal powers. Ordinances. Punishment of offenders. SEC. VIII. Be it further enacted by the authority aforesaid, That the mayor, the mayor pro tem. or any four members of council shall have power to try and determine any and all cases arising under such ordinances as may be enacted by said mayor and council in accordance with the provisions of their charter and the laws of the State, except when it shall be otherwise provided in any particular ordinance; and it shall be the duty of the marshal and his assistants, whenever it shall come to the knowledge of any or either of them that any such

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ordinances have been violated, to arrest the person or persons whom they have reason to believe guilty of such violation, and, as soon as convenient after such arrest, to bring such person or persons before the mayor, and in his absence the mayor pro tem. , and in the absence of both before any four members of council, who, when hearing the evidence concerning such violation, shall determine whether or not the person or persons so brought before him or them be guilty of such violation, and if found guilty, the mayor or mayor pro tem. or any four members of council, as the case may be, shall judge what punishment shall be inflicted upon such guilty person or persons, and the marshal or his assistants shall execute such judgment. If it be not convenient for the marshal or his assistants to bring any person or persons by him or them arrested immediately before the mayor or mayor pro tem. or four members of council, he or they may temporarily imprison such person or persons so arrested until he or they can conveniently bring such person or persons so arrested before the mayor or mayor pro tem. or four members of council; provided , such temporary confinement shall not exceed twenty-four hours; and in the event that any such person or persons shall be dissatisfied with the judgment of the mayor, or in his absence of the mayor pro tem. , he or they shall have the right of appeal to the council at their next regular meeting, upon giving bond and security for their appearance before said council to abide by the final decision of said council; and the said council, after hearing all the evidence submitted, shall have power to affirm or reverse the decision of the mayor or mayor pro tem. , and the said mayor or mayor pro tem. , or four members of council, shall have power to punish for contempt, and require the attendance of witnesses under the same rules and regulations as obtain in the justice's courts of this State. Trial of offenders. Arrests, etc. Temporary imprisonment. Appeals. Contempts and attendance of witnesses. SEC. IX. Be it further enacted by the authority aforesaid, That for the transaction of all business, except as is otherwise provided in this Act, the mayor and three members of council shall constitute a quorum, and the vote of four members of council, or of three members of council with the concurrence of the mayor, shall decide any question which may come before the council. Quorum of council, etc. SEC. X. Be it further enacted by the authority aforesaid, That the mayor and council of said town shall have authority and power to call out, or provide for calling out, each and every male person subject to road duty under the laws of this State who reside within the corporate limits of said town, who

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shall be compelled to work on the streets and sidewalks of said town for the number of days in each year as are now fixed by the road laws of this State; and when any person, subject to such street or road duty, shall have been duly notified according to the road laws of this State to work on said streets by the marshal, or other persons or officers on whom the by-laws of said town may devolve this duty, and after such notification shall in any way make default by failing to appear at the time and place specified in said notification, or by failing to work, as required by the present road laws of this State, or in any other manner shall make default in relation thereto, such party shall be notified to appear before the mayor and council to show cause why he should not be fined for such default, and at the time appointed the mayor and council shall try the said defaulter, and, if found guilty of such default, they may impose a fine on such defaulter for such default to the same extent that the Road Commissioners of this State may fine defaulters under the present road laws of this State; which fine or fines, if not paid immediately or within such time as the mayor and council may fix, such defaulter may be, by the order of the mayor and council, imprisoned in the calaboose of said town, or on the streets and public works of the town, for a period not exceeding two days for each dollar of the fine imposed. Said mayor and council shall have power to fix, by ordinance, a commutation tax or sum of money, which, when paid by the person liable to work on the streets, shall exempt such person from any other road or street duty for the year for which it is paid; but no person shall have the right to relieve himself from the penalty of default, as aforesaid, by paying or offering to pay such commutation tax without the consent of the mayor and council. Street working and tax. Defaulters. Commutation tax. SEC. XI. Be it further enacted by the authority aforesaid, That the mayor and council shall elect annually, at the first regular meeting of council in July, a mayor pro tem. , whose duty it shall be to act as mayor in all cases in the absence of the mayor, and a clerk and a treasurer, and shall also at the same time, or as soon thereafter as practicable, select and appoint three assessors who shall be freeholders of said town, and a marshal; and all of said officers shall hold their offices under the rules and regulations of the council of said town. And said mayor and council may also appoint a special policeman or policemen to serve as an assistant or assistants to the marshal when in their judgment such appointment is necessary, to be discharged when the emergency has passed, and to be

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compensated as the mayor and council shall determine, and while such appointees are on duty they shall have the same authority in preserving order and be charged with the same duties as the marshal. Mayor pro tem. Assessors, marshal and other officers. Policemen. SEC. XII. Be it further enacted by the authority aforesaid, That tha salaries of all of the officers of council shall be fixed at the first regular meeting in April each year previous to the election of mayor and councilmen, on the first Monday in June, and shall not be changeable during the term of the succeeding council, and the salaries or pay of the marshal and the assessors shall be fixed at same time, or as soon thereafter as practicable. Salaries of officers. SEC. XIII. Be it further enacted by the authority aforesaid, That the mayor and council of said town of Hampton shall have power to levy and collect an ad valorem tax not to exceed one per cent. upon all the taxable property within the corporate limits of the town made taxable by the laws of this State. The valuation of property subject to taxation shall be assessed by three assessors, whose selection and appointment is hereinbefore provided for; and the said assessors shall have the power to adopt as their appraisement the valuation placed on property by parties making returns to the receiver of tax returns of the county, or require the tax-payers to make returns to them, under oath, of all his taxable property. Should a difference arise between the assessors and any tax-payer concerning the value of property given in, the assessor shall have the power to assess the same at their valuation, but any tax-payer who may be dissatisfied with the assessment of his or her property shall have the right of appeal to the council under such rules and regulations as they may prescribe. Ad valorem tax. Tax assessments. Disputed valuation. SEC. XIV. Be it further enacted by the authority aforesaid, That if any person shall fail or refuse to pay the tax imposed by this Act or the ordinances enacted in accordance therewith, either ad valorem or special, the clerk of said town shall issue an execution which shall be signed by him and bear test in the name of the mayor. Said execution shall bind all the property which said defaulting tax-payer owned in said town on the day that his property is bound for State and county taxes in the year in which it is returned for taxation. Such execution shall be directed to and enforced by the marshal of said town, and said marshal shall levy said execution upon the property of the person against whom it shall issue, and seize said property and advertise and sell the same at the time and place and in the manner now provided by law for sheriff's sales for State and county taxes; and, after having sold said property, said marshal

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shall make titles to the purchaser and place him in possession in as full and complete a manner as the Sheriffs of this State may do. For each fi. fa. so issued the clerk shall be entitled to fifty cents cost, and the marshal shall receive the same fees as by law constables of this State are entitled to for levies, and the same commission for selling as are received by the Sheriffs of this State. Tax executions. Advertisements and sales under etc. SEC. XV. Be it further enacted by the authority aforesaid, That said mayor and council shall have power and authority, in addition to the ad valorem tax hereinbefore provided for, to levy and collect a tax upon factors, brokers and vendors of lottery tickets, upon agents or managers of gift enterprises, and upon all other persons exercising, within said town, any profession, trade or calling or business of any nature whatever. They shall also have power to levy and collect a tax upon all billiard tables, pool tables, ten-pin alleys or nine-pin alleys, and all tables or alleys of any other kind used for the purpose of playing with balls or pins, or both, within said town, and upon all contrivances of whatever kind used for the purpose of gaming or carrying on a game of chance by selling cards, tickets or numbers, or turning a deal or wheel, or by pitching rings at sticks or knives, or by pointing out cards, pictures or photographs, or by using any other artifice or contrivance whatever. They shall also have power to levy and collect a tax, in such sum as they may see proper, upon all circuses, sleight of hand performances, tricks of legerdemain, theatrical exhibitions and other shows which may exhibit in said town, such taxes to be for each exhibition. Any and all of the taxes provided for in this section, if not voluntarily paid, may be collected by execution, levy and sale, as provided for the collection of taxes in section 14 of this Act. Special taxes. Collection of. SEC. XVI. Be it further enacted by the authority aforesaid, That said mayor and council shall have power and authority to establish police rules and regulations; to license, regulate and control all businesses, callings or performances, permanent or temporary, carried on or attempted to be carried on in said town; and to pass all such laws and ordinances, not in conflict with this charter and the laws of this State, as they may deem necessary to carry out the purposes of this charter, and to provide therein for such license fees and taxes, and such fines and penalties as they may deem proper; provided, nevertheless , that the fines and penalties prescribed in such ordinances shall not exceed the punishments named in section 7 of this Act. Police rules and regulations, licenses, etc. SEC. XVII. Be it further enacted by the authority aforesaid, That the said mayor and council shall have power and authority

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to enforce the collection of all fines and forfeitures, and all other debts or demands that may become due and owing to said town of Hampton, or its corporate authorities, by execution, levy and sale, in the same manner as is provided for the collection of taxes in section 14 of this Act. Collection of fines, forfeitures, etc. SEC. XVIII. Be it further enacted by the authority aforesaid, That the clerk shall perform and discharge all clerical duties assigned him by the council, and all duties imposed upon him by this Act. The treasurer shall receive all moneys due the city from any and all sources, and pay the same out upon the orders drawn by the council, said orders being countersigned by the mayor, or in his absence by the mayor pro tem. The said treasurer shall keep a book which shall at all times be subject to inspection by the council, or any person holding an order upon him, which book shall show what amount of money remains in his hands and from what sources received, and what moneys have been by him disbursed, and upon what account, and shall preserve all orders by him paid off as vouchers for disbursements, and he shall do and perform all other duties relative to the finances of the town that may be assigned him by the ordinances of the council. Duties of clerk. Of treasurer. SEC. XIX. Be it further enacted by the authority aforesaid, That the marshal and special policemen shall, in addition to the duties hereinbefore imposed upon the marshal, perform such other duties in the sphere of their duties, as may be assigned them by the council, in consonance with the provisions of this charter, and ordinances of council, not inconsistent herewith. Of the marshal and special policemen. SEC. XX. Be it further enacted by the authority aforesaid, That the treasurer and the marshal shall each give a bond, with two or more good securities, to be approved by the council, the treasurer in the sum of five hundred dollars, and the marshal in the sum of five hundred dollars, made payable to the mayor and council of the town of Hampton, and their successors in office, and conditioned for the faithful performance of his duties; and each shall take an oath that he will, to the best of his skill and ability, perform the duties of his office. Such bond must be given and oath taken by each of said officers before he enters upon the duties of his office, and the principal and sureties thereon may be sued on such bond for any default in reference to the finances of the town made by the officer giving said bond, as soon as said default shall be ascertained, and recovery can be had and enforced as upon other judgments rendered by the courts of this State; and any

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officer who shall fail to pay over any funds in his hands belonging to the town, according to law and the ordinances of council, shall be guilty of a misdemeanor, and, on conviction, shall be punished as prescribed in section 4310 of the new Code of Georgia. Bonds and oaths of treasurer and marshal. Officers failing to pay over town funds. SEC. XXI. Be it further enacted by the authority aforesaid, That the marshal shall not retain in his hands any funds by him collected for said town for more than one week, but said marshal shall pay over to the treasurer any and all money collected by him for the town within one week from the date of the collection, and, upon failure to do so, shall be subject to removal at the discretion of the council; and the said marshal, the clerk and the treasurer, upon failure to comply with any duty assigned them by this charter, or the ordinances consistent therewith, may be removed from office by the council, and they shall also be subject to removal for any misconduct or malfeasance in office, and there shall be no appeal from the decision of council upon any question of removal. Marshal not to retain funds collected more than one week. Removal of officers. SEC. XXII. Be it further enacted by the authority aforesaid, That when any fi. fa. shall issue, as provided in this charter, and shall be levied, and the property levied on shall be claimed by a third person, such claimant may interpose his claim thereto; and if the fi. fa. be for taxes, such claim shall be interposed in the manner now provided by law for claims under tax fi. fa. for State and county tax, and if the fi. fa. be for fines or forfeitures, or any other demand due the town, such claim shall be interposed under the ordinary claim laws of this State. In either case the claim shall be returned to and heard in Henry county Superior Court. Claims. SEC. XXIII. Be it further enacted by the authority aforesaid, That any ordinance or by-law that may be passed or adopted by the said mayor and council in conformity to this charter shall be of force and take effect from and after the same shall have been published in two public places in said town for five days, or after one insertion in a newspaper published in said town. When ordinances or by-laws take effect. SEC. XXIV. Be it further enacted 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 26, 1891.

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REINCORPORATING TOWN OF WATKINSVILLE. No. 333. An Act to repeal the various Acts regulating the government and incorporating the town of Watkinsville, in the county of Oconee and State of Georgia, and to reincorporate said town; to provide for mayor and councilmen; how they shall be elected; to define their duties; to confer upon them the power and authority to tax persons, property and dogs in said town; to provide for the collection of such taxes; to protect public and private property; to have control over the streets and sidewalks; to provide for working of the same; to prevent and punish for the illegal sale of alcoholic and intoxicating liquors, bitters and other intoxicating drinks; to govern and control the sale of all alcoholic, vinous, malt and intoxicating liquors in said town, and to issue license for the same under certain circumstances; to establish police regulations; to organize work gangs; to make, ordain and establish rules, regulations and ordinances for the government of said town; to inflict punishment for the violation of the laws, rules, regulations and ordinances of said town; elect or appoint a marshal or policemen for said town and define their duties; to elect a mayor pro tem. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act that the Act for the better regulation of the town of Watkinsville, in the county (then Clarke) but now Oconee, assented to November the 24th, 1806, and the Act for the better regulation of the town of Watkinsville, in the county (then Clarke) but now Oconee, assented to the 14th of December, 1815, and an Act to amend an Act passed the 14th of December, 1815, for the better regulation of the town of Watkinsville, in the county of (then Clarke) but now Oconee, assented to the 19th of December, 1816, and an Act to extend the corporate limits of said town of Watkinsville, and for the better regulation and government of the same, assented to the 6th day of December, 1822, and an Act to amend an Act entitled an Act to extend the corporate limits of said town of Watkinsville, and for the better regulation of said town, assented to December 6th, 1822, approved February 28, 1876, and an Act to consolidate, amend and supersede the Acts incorporating the town of Watkinsville, in the town of Oconee, to provide for mayor and councilmen, define their duties, repeal

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conflicting laws, etc., approved December the 18th, 1884, be, and the same are, hereby repealed, and in lieu thereof the said town of Watkinsville, in the county of Oconee, shall be reincorporated and a new charter granted for the same, which shall be as follows: Various Acts heretofore passed as to town of Watkinsville repealed. New charter. SEC. II. Be it enacted by the authority aforesaid, That from and after the passage of this Act the town of Watkinsville, in the county of Oconee and State of Georgia, be, and the same is, hereby reincorporated, and that the corporate limits of said town shall extend one-half mile equidistant in every direction from the store house of Johnson McRee, situated in the fork of the streets in said town leading to Scull Shoals and Farmington, but that the corporate limits of said town may, however, at any time be extended to any greater distance, not exceeding one mile in any and in all directions from said store house; provided , that the question of extension be advertised ten days and be voted for by a majority of the legally qualified voters of said town and those living within the limits of such extension at the time of the election. Town reincorporated. Corporate limits. Extension of limits. SEC. III. Be it further enacted, That the municipal government of said town of Watkinsville shall consist of a mayor and five councilmen who are hereby constituted a body corporate under the name and style of mayor and council of the town of Watkinsville, and by that name and style shall have perpetual succession, and shall by said name and style be capable to sue and be sued, plead and be impleaded in any court in said State, and may have and use a common seal, and be capable in law and equity to purchase, have, hold, receive, enjoy, possess and retain to them and their successors for the use of the town of Watkinsville any estate, real or personal, within the limits of said town, and receive and make title to the same, and may make all such contracts in their corporate capacity as they may deem best for said town. Municipal government. Corporate name and general powers. SEC. IV. Be it further enacted, That all elections held in and for said town shall be at the court-house, or such other place as the mayor or mayor pro tem. shall direct, and shall be superintended by a justice of the peace and two freeholders or by three freeholders of said town, and shall conform as near as practicable to the laws governing election for the General Assembly of said State. The polls shall be opened at 10 o'clock A. M. and close at 3 o'clock P. M. The superintendents shall take an oath for the due and legal performance of their duties, and shall issue certificates as to the result of the election, which they shall return, together with the papers and ballots

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seated up, to the mayor and council of said town. The mayor and council shall open the returns and declare the result in accordance with the certificates, and record the result upon the minutes. Regulation as to elections. SEC. V. Be it further enacted, That there shall be an election held in said town on the third Wednesday in December in each year, beginning with the year 1891, for mayor and five councilmen, whose term of office shall begin on the first Monday in January after said election and shall continue for one year and until their successors are elected and qualified. The certificate to be issued by the superintendents of said election may be as follows: The undersigned, superintendent of this day's election, held in the town of Watkinsville on the..... day of....., 18....., for mayor and five councilmen, do certify that..... received the highest number of votes for mayor, and that.....,.....,.....,.....,....., received the highest number of votes for councilmen for said town, which certificate shall be signed by the superintendents and inclosed with the returns and shall be sufficient evidence of the persons elected. Time for elections for mayor and councilmen. Terms of office. Certificates of election. SEC. VI. Be it further enacted, That no person shall be legally qualified to vote at any municipal election held in said town unless he shall have bona fide resided in said town as a citizen for six months, next preceding said election, and shall have paid all taxes required of him by said town, which become due and payable before the time for registration for said election and who is otherwise qualified to vote according to the laws of said State of Georgia for members of the General Assembly of said State, and shall have registered as provided by the following section. Any person who shall vote or register in violation of this and the following section shall on conviction be punished as prescribed in section 23. Qualifications of voters. SEC. VII. Be it further enacted, That the mayor of said town, shall by virtue of his office be registrar of said town, and it shall be his duty to register all persons applying who are legally qualified to vote in said town, in accordance with the provisions of the preceding section, provided such application is made ten days before the election at which he proposes to vote. The registrar shall close his book of registration ten days before any municipal election held in said town, and shall make out a list of all persons who have thus registered and shall turn said list over to the superintendents, and they shall not permit any person to vote unless his name appears upon said list; the persons registering shall, if he requires

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it, be furnished with a certificate of such registration by the registrar. Registration of voters. SEC. VIII. Be it further enacted, That before entering upon the discharge of their official duties the mayor and each of the councilmen shall take and subscribe before some person authorized to administer oaths, the following oath: I do solemnly swear that I will faithfully discharge all the duties devolving upon me as mayor or councilmen, as the case may be, of the town of Watkinsville to the best of my ability and understanding, so help me God, which oath must be recorded on the minutes of the mayor and council. Official oath. SEC. IX. Be it further enacted, That if for any reason any election in said town should not be held at the time designated, the mayor of said town may order the same to be held any time thereafter by advertising the same for ten days. In case any vacancy should occur in the office of mayor or council, the said vacancy shall be filled by an election ordered by the mayor or mayor pro tem. , and advertised ten days before the day of election. Failure to hold election at time designated. Vacancies. SEC. X. Be it further enacted, That the mayor of said town shall, by virtue of said office, be also clerk and treasurer of the council of said town, and shall, before entering upon his duties as treasurer, give a bond in the sum of five hundred dollars payable to the council of said town and their successors in office, conditioned for the faithful discharge of his duties, which bond must be accepted and approved by the council, and entered upon the minutes and turned over to the mayor pro tem. The amount of the bond, if necessary, may be increased by the council if they see proper, which bond, if necessary, may be sued in any court having jurisdiction thereof. Mayor ex officio clerk and treasurer. Bond. SEC. XI. Be it further enacted, That the regular meetings of the council shall be on the first Mondays in each month, and shall be presided over by the mayor or mayor pro tem.; provided , that the time for such meetings may be altered by the council. The old mayor and council, whose term of office expires on the first Monday in January, shall turn over all books, papers, moneys, property, etc., belonging to said town to the new mayor and council, and upon failure to do so may be sued in any court having jurisdiction for the recovery of the same. Council meetings. Books, papers etc, to be turned over to successors in office. SEC. XII. Be it further enacted, That the mayor and council of said town shall have full power and authority to assess, levy and collect an ad valorem tax upon all real and personal property within the corporate limits of said town, not to exceed one per cent. on the assessed value thereof, to tax and license all

Page 724

business occupations shows, performances of whatever kind exhibited or exercised in said town, all peddlers itinerant traders, auctioneers, agents, etc., doing any business in said town; provided , said taxation shall not be inconsistent with the Constitution and laws of said State, which taxation shall be for the support of the government of said town, for the improvement of its streets, sidewalks, etc., and to sustain its public credit. Ad valorem tax. Special taxes and licenses. SEC. XIII. Be it further enacted, That all property, both real and personal, within the corporate limits of said town subject to taxation, must be given in by the owners thereof, to the mayor of said town or to such other persons as shall be designated by the mayor and council, as receiver, at its fair market value, under oath, to be administered by the mayor and receiver, which oath shall be as follows: You do solemnly swear that the property given in by you this day is all of the property, real and personal, owned or controlled by you within the corporate limits of said town subject to taxation; and that the value placed on said property by you is, to the best of your knowledge and belief, the true market value thereof. If given in by an agent, the agent may swear that the return is true to the best of his knowledge and belief. The returns to be made for the year 1891 shall be made by the 15th day of September, according to the value of the property on the first day of September, 1891, and for each year thereafter the returns shall be made by the first day of July for property held and subject to taxation on the first day of April previous. Tax returns. SEC. XIV. Be it further enacted, That if any property, real or personal, held by any person within the corporate limits of said town, subject to taxation shall not be given in or returned as required by this Act for taxation, the same shall be assessed by the mayor or the receiver appointed by the mayor and council and doubled taxed. Failure to make tax returns. SEC. XV. Be it further enacted, That if the mayor or the receiver, as the case may be, shall be dissatisfied with the amount on the value of the property returned by any person for taxation, he shall assess the same according to the amount and value he thinks right, and if the persons so assessed shall be dissatisfied, he shall notify the mayor of said town and the question of difference may be settled by arbitration. The mayor shall choose one arbitrator and the person dissatisfied shall choose another, and if the two cannot agree, then the two arbitrators shall choose a third, and their award shall be final; provided further , that if any tax-payer in said town shall be dissatisfied

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with the returns of any other tax-payer as being too low, he shall have the right to complain to the mayor, setting forth the grounds of his complaint. The mayor shall then notify the person complained of; the matter of complaint shall then be settled by arbitration as above provided. Tax assessments. Disputed valuation. SEC. XVI. Be it further enacted, That when the tax returns are made, it shall be the duty of the mayor and council to meet and ascertain what amount is necessary for the support and government of said town and for the improvement of its streets, side walks, etc., and to sustain its public credit for the current year and to make the assessment for whatever amount may be necessary; provided , the same shall not exceed one per cent. of the value of the property returned. The taxes so assessed shall be paid by the first day of October in each year, unless the time be extended by the mayor and council. The payments shall be made to the mayor or some persons authorized by him and the council as collector. Estimates, levies, etc. When and to whom taxes shall be paid. SEC. XVII. Be it further enacted, That if any person shall fail to pay his or her taxes by the time required by this Act, it shall be the duty of the mayor, or mayor po tem. , to issue executions for the same, which he shall place in the hands of the marshal of said town for collection, who shall levy the said execution on any property owned or controlled by the person against whom said execution is issued, which was the subject-matter of taxation, and the same shall be advertised by said marshal ten days previous to the sale, by posting a notice at the court-house in said town and three other public places in said town, and when sold the money arising therefrom shall be applied to the execution in settlement of the taxes and cost, and the remainder, if any, to be paid to the person against whom the execution was issued. The marshal shall have power and authority to make good and sufficient titles or bill of sale to any such property as he may sell. Failure to pay. Executions. Advertisements, sales, etc. SEC. XVIII. Be it further enacted, That the mayor and council of said town shall have power and authority to require every male inhabitant of said town, who is subject to road duty under the laws of this State, to work such length of time on the streets and sidewalks of said town as the mayor and council shall by ordinance direct, or they may prescribe a commutation tax in lieu of such work. The work shall be under the supervision of the marshal, or such other person as shall be appointed by the mayor and council as overseer. The mayor and council shall have power and authority to enforce obedience to the laws and ordinances under this section, by fine and imprisonment

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or work on the streets, etc., as provided in section 23 of this Act, and no tax paid in lieu of such work, nor any money arising from fines or forfeitures for failure of any person to perform such work, shall be used for any purpose except for work done or improvements put on the sidewalks and streets. Street working and tax. SEC. XIX. Be it further enacted, That the mayor and council of said town shall have power and authority to prevent the sale of all alcoholic, spirituous or intoxicating liquors or intoxicating bitters and other drinks, when drank to an excess will produce intoxication, within the corporate limits of said town, and so long as the sale of said liquors, bitters, etc., is prohibited in the county of Oconee under the general local option Act, any person selling such liquors, bitters, etc., in said town shall, upon conviction before mayor or mayor pro tem. , be punished as prescribed in section 23. Sales of liquors prohibited so long as prohibition of force in county. SEC. XX. Be it further enacted, That the mayor and council of said town, in the event the county of Oconee should at any time hereafter re-establish the sale of whiskey under the general local option Act or in the event said Act shall be repealed, shall by ordinance govern and control the sale of all alcoholic, spirituous, vinous, intoxicating and malt liquors, bitters, etc., in said town; to grant and fix the license for the same; provided , the license shall in no event be less than that charged by the State, and to fix the punishment for any violation of this section. Control, etc., of sales should sales hereafter be allowed in county. SEC. XXI. Be it further enacted, That the mayor and council shall have power and authority to establish police regulations to pass by-laws and ordinances for the protection of public and private property in said town, for the suppression of disorderly houses and conduct, houses of ill-fame, all disorderly conduct liable to disturb the peace and good order of said town, and in fact they shall have power and authority, from time to time, to make, ordain and establish such by-laws, ordinances, rules and regulations as shall be necessary and proper for the security, welfare, convenience and interest of said town and the inhabitants thereof, and for the preserving the health, morals, peace, order and good government of the same and not inconsistent with the Constitution and laws of the State of Georgia. All ordinances, rules and regulations of said town theretofore adopted and now in force shall continue in operation until the same are repealed, amended or modified by the mayor and council; provided , the same are not in conflict with this Act. General powers as to ordinances, by-laws, etc.

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SEC. XXII. Be it further enacted, That so much of the matter contained in part 1, title 7, chapter 1 of the Revised Code of Georgia, not in conflict with this Act, or in conflict with the general ordinances of said town, is hereby made applicable to the government of the said town of Watkinsville. Provision in part 1, title 7, chapter 1 of Code made applicable. SEC. XXIII. Be it further enacted, That the mayor of said town, and in his absence or disqualification the mayor pro tem. , shall have jurisdiction to try all persons charged with the violation of any law, ordinance, rule or regulation of said town, and to punish such persons when properly convicted by a fine not to exceed one hundred dollars or by imprisonment in the calaboose or guard-house not exceeding sixty days, or to work at hard labor on the streets or other public property or works of said town, or to hire such persons out in the manner practiced by the State authorities in disposing of misdemeanor convicts as the mayor or mayor pro tem. shall adjudge, not to exceed sixty days; provided , such persons so convicted shall not be so imprisoned or required to so work at hard labor or to be hired out to work except as an alternative, upon failure to pay the fine and cost of prosecution as adjudged by the mayor or mayor pro tem . Trials and punishment of offenders. SEC. XXIV. Be it further enacted, That the present mayor and council of said town, to-wit: R. M. Jackson, mayor; Thomas Booth, F. R. Booth, J. W. Johnson, D. M. White and O. L. Anderson, councilmen, shall remain in their respective offices, and to exercise and perform the duties thereof under this Act until the next regular election, as provided by this Act. Present mayor and council continues in office until next election. SEC. XXV. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 29, 1891. INCORPORATING THE TOWN OF RHINE. No. 361. An Act to incorporate the town of Rhine, in the county of Dodge; to confer certain powers, and for other purposes. SECTION I. Be it enacted by the Senate and House of Representatives in General Assembly met, That the municipal government of the town of Rhine shall consist of a mayor and four aldermen, who are hereby constituted a body corporate, under the name and style of the mayor and council of the town of Rhine, and by that name and style shall have perpetual succession, and shall, by the said

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name, be capable to sue and be sued in any court of law or equity in the State, plead and be impleaded, and do all other acts relating to their corporate capacity, and shall be capable in law to purchase, hold, receive, enjoy and possess; to retain to them and their suecessors, for the use and benefit of the said town of Rhine, in perpetuity or for any term of years, any estate, real or personal, lands and tenements, of what kind or nature soever, within the limits of said town, and to sell, alien, exchange or lease the same, or any part thereof, in any way whatever. Government. Corporate name and general powers. SEC. II. Be it further enacted by the authority aforesaid, That the corporate limits of the town of Rnine shall extend one-half mile in every direction from J. M. Swymer's store. Corporate limits. SEC. III. Be it enacted by the authority aforesaid, That the corporate powers of said town shall be vested in a mayor and four aldermen, who shall be elected on the first Monday in December, 1891, ten days' notice having been given, and on the same day in every year thereafter, and that said mayor and aldermen shall hold their offices for one year, or until their successors are elected and qualified; and all citizens who shall be entitled to vote for members of the General Assembly and who have resided in said corporation three months previous to said election shall be entitled to vote for said mayor and aldermen; provided , no person who is not a resident within the said incorporation shall eligible to the office of mayor or alderman in said town; and provided , that, for the purpose of temporary organization, there shall be an election for mayor and aldermen of said town on the first Monday in January, 1891. Elections for mayor and aldermen, etc. Election for temporary organization. SEC. IV. Be it further enacted by the authority aforesaid, That my two citizens who may be freeholders in said town, being first sworn to hold said election properly and faithfully, may preside over said election, neither of whom being a candidate, and the person receiving the highest number of votes shall be declared to be duly elected, and the managers shall give their certificates to such persons as shall be thus elected. Election managers. Certificates of election. SEC. V. Be it further enacted by the authority aforesaid, That the said mayor and aldermen, before they enter upon the duties of their respective offices, shall, before the ordinary or a justice of the peace, clerk of the Superior Court or commissioned notary public, take and sbscribe the following oath: I do solemnly swear that I will, to the utmost of my ability, faithfully discharge the duties of mayor (or alderman) of the town of Rhine during my continuance in office, so help me God. Oath of office. SEC. VI. Be it further enacted by the authority aforesaid, That the said mayor and aldermen shall, at their first annual meeting after being qualified, proceed by ballot to elect a marshal and (if they deem necessary) a deputy marshal, clerk of council and treasurer, each of whom (unless removed) shall remain in office until a new election of mayor and aldermen, and that said mayor and aldermen shall have full power to remove from office or to punish by fine not exceeding fifty dollars any officer elected by them for any neglect, malpractice in or abuse of said office. Subordinate officers.

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SEC. VII. Be it further enacted by the authority aforesaid, That in case the mayor or any alderman, while in office, shall be guilty of any willful neglect or malpractice in or abuse of said office, he or they shall be liable to be indicted before the Superior Court of Dodge county, and, on conviction thereof, shall be fined in a sum not exceeding five hundred dollars for each and every offence, and, moreover, be removed from office, which fine or fines shall be paid over to the town treasurer for the use of said town. Malpractice in office by mayor or aldermen. SEC. VIII. Be it further enacted by the authority aforesaid, That all males over the age of sixteen years and under the age of fifty, who may have resided in said town ten days, shall be subject to work the streets according to the road laws now of force in this State, or to be taxed therefor after opportunity (offered) so to work, as the town council may determine, as a commutation of such duty, not to exceed two dollars per day. Street working and tax. SEC. IX. Be it further enacted by the authority aforesaid, That the mayor and aldermen shall have power to fix and regulate the salaries of each and evrey officer they may elect, which salary shall not be increased or diminished during continuance in office. Salaries. SEC. X. Be it further enacted by the authority aforesaid, That the mayor or mayor pro tempore and two aldermen shall form a quorum for the transaction of business, and the mayor or mayor pro tempore shall have the casting vote, and a majority of all the votes shall determine all questions and elections before the council, and the mayor and each alderman shall be to all intents and purposes a Justice of the Peace so far as to enable them, or any of them, to issue warrants for offences committed within the corporate limits of said town, which warrant shall be executed by the marshal or deputy marshal, and to commit to the county jail of Dodge county or to admit to bail according to law offenders for their appearance before the Superior Court thereafter for the county of Dodge to await his, her or their trial; and it shall be the duty of the jailer of said county to receive all such persons so committed and them safely keep until the same be discharged by due course of law; and in all cases where persons committed to jail are or shall be unable to pay jail fees that the said corporation shall be liable for the same, except where any person is committed to jail for violation of any law of the State. Quorum. Mayor or mayor pro tem. casting vote. Majority of all to determine. Mayor and aldermen ex officio justices of the peace. Arrests, commitments, etc. Jail fees. SEC. XI. Be it further enacted by the authority aforesaid, That the expenditures of the mayor and aldermen and the compensation of the town officers shall be paid out of the town funds by an order drawn by the clerk of council (upon the town treasurer) and countersigned by the mayor or the mayor pro tempore of the council, and that the marshal or deputy marshal and clerk and treasurer shall give bond and good security to the mayor and aldermen and successors in a sum to be fixed by the mayor and aldermen for the faithful performance of his or their duties. Payment of town expenditures. Bonds of subordinate officers. SEC. XII. Be it further enacted by the authority aforesaid, That the said mayor and aldermen shall have full power and authority to pass all ordinances and by-laws necessary for the government,

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good order and well-being of said town; to remove pests and nuisances and to perform all acts necessary and proper to carry out the provisions of this Act, not incompatible with the Constitution and laws of Georgia and of the United States. They shall also have full power to make all contracts in their corporate capacity which they may deem necessary for the welfare of said town. General powers as to ordinances, etc. SEC. XIII. Be it further enacted by the authority aforesaid, That the mayor, and in his absence the mayor pro tempore of said town, shall have full power and authority to try all offenders against all or any of the by-laws or ordinances of said town, and to punish for each and every violation thereof within the corporate limits of said town by a fine or fines not to exceed fifty dollars, or by imprisonment in the common jail of said county not exceeding ninety days, or by work on the streets not exceeding thirty days, either or all of these penalties. Trial and punishment of offenders. SEC. XIV. Be it further enacted by the authority aforesaid, That the mayor of said town shall receive for his services such sum per annum as may be fixed by the town council, and all the salaries to be paid to the officers of said incorporation, together with all the expenditures made for the use of said town, shall be paid out of the town funds in the hands of the town treasurer, who shall keep a book in which he shall make an entry of all the sums of money paid out, and to whom and for what purpose, and shall take a receipt for all sums of money paid out, which book and receipts shall at all times be subject to inspection by the mayor and aldermen of said town or any or either of them; and all sums of money paid into the treasury by the provisions of this Act shall, and the same are, hereby directed to be a fund for the exclusive use of said town. Salary of mayor, etc. Duties of treasurer, etc. SEC. XV. Be it further enacted by the authory aforesaid, That the mayor and aldermen of said town shall have no power to license persons to retail and sell spirituous liquors within the limits of said town. Sale of liquors. SEC. XVI. Be it further enacted by the authority aforesaid, That the mayor and aldermen of said town shall have power and authority to levy a tax upon all billiard tables kept or used for the purpose of playing on or renting, and all ten-pin alleys, or alleys of any kind, which are kept for the purpose of playing with pins and balls, or either pins or balls, or for the purpose of renting the same, and also all wheels of fortune; and the said mayor and aldermen shall have power and authority to levy and collect a tax from all itinerant show-masters, who may exhibit in said town any show, circus, riding, tumbling, sleight of hand, tricks of legerdemain or any theatrical exhibition. Tax on billiard tables ten pin alleys etc. On itinerant show masters. SEC. XVII. Be it further enacted by the authority aforesaid, That the mayor and aldermen of said town shall have power and authority to impose and levy such taxes not to exceed one-half of one per centum upon all the real and personal estate within the corporate limits of said town as they may deem necessary for the support of the government of said town; and also to enforce the collection of all fines which may be imposed by said mayor and aldermen under the provisions or the powers granted by this Act. Ad valorem tax.

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SEC. XVIII. Be it further enacted by the authority aforesaid, That it shall be the duty of all tax-payers and owners of all taxable property within said town, and they and each of them, either by themselves or an agent, are required to make annual returns under oath to the clerk of council in said town or to such other officer as the mayor and aldermen of said town may appoint for said purpose, at such time as the mayor and aldermen may limit, of all their taxable property, held in their own right or in the right of any other person, and in case any person or persons shall fail or refuse to make such returns or shall make any return deemed incorrect by the mayor and aldermen, the said mayor and aldermen may assess the property of such person and may fix such values thereon as they may deem correct and just, and all taxes levied and imposed by said mayor and aldermen in case of a refusal to pay the same shall be collected in the following manner: An execution for the sum due and all costs shall be issued by the clerk of council, directed to the marshal against the estate, both real and personal, of said defaulter, and shall be levied by the marshal or deputy marshal upon the said estate, and after having been advertised thirty days in the gazette where sheriff's sales are advertised for said county, the said marshal or deputy marshal shall sell at public outery the property. so levied upon, at the time and place for sheriff's sales in said county, and the deed of the marshal or his successor in office, made in accordance with such sale, shall be as effectual to pass the title to such property to the purchaser thereof as tax deeds under the laws of this State; and all executions issued under the provisions of this Act shall bind all the property of the defendant from date and shall have rank and precedence as executions from the courts of this State now have by law, and the costs thereof shall be the same as in tax-collector's executions by the law of this State; provided , that whenever any land is sold by virtue of a tax execution issued under the provisions of this Act, the owner thereof, or any administrator, executor or guardian or other trustee of the defendant in execution, shall have the privilege of redeeming said land thus sold within the time and in the manner pointed out in section 898 of the Code of 1882. Tax returns. Defaulters. Tax executions. Advertisements and sales, etc. SEC. XIX. Be it further enacted by authority aforesaid, That the mayor and aldermen of said town shall have full power and authority to remove or cause to be removed all buildings, porches, steps, fences or other obstructions or nuisances in the public streets, lanes, alleys, sidewalks or public squares in said town, and also license, regulate and control all taverns and public houses in said town, and also to establish a market or markets in said town; and also to regulate all butcher pens, slaughter-houses, tan-yards, blacksmith shops, forges, stoves and chimneys in said town and to remove or cause to be removed the same, or any of them, in case they become dangerous or injurious to the health of any citizen of said town, or become nuisances; and also, if necessary, to fill up all pits, cellars and excavations in said town, or cause the owner to do so; also to regulate or license drays, omnibuses, buggies, carriages, wagons and carts owned or kept and used in said town and also

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full power to regulate and control all pumps, wells, livery stables, fire companies and engines within said town. Obstructions or nuisances. Taverns, markets, etc. Pits, cellars, etc. Drays, omnibuses, etc. Pumps, wells, etc. SEC. XX. Be it further enacted, That the mayor and aldermen shall have power to take up and impound any horses, mules, dogs, hogs, cows or other cattle running at large in said town, and to pass and enforce all ordinances necessary and proper for the regulation and control of all such animals in said town. Animals running at large. SEC. XXI. Be it further enacted, That the mayor and aldermen, or the mayor and any two aldermen, upon the trial and examination of any offenders against the laws of this State or ordinances of said town, shall have power to issue all process, writs and subp[oelig]nas necessary to carry out any of the provisions of this Act, or to execute any of the powers therein granted, and which processes shall be signed by the clerk and bear test in the name of the mayor or other officer acting pro tempore instead of said mayor, and be served or executed by the marshal or deputy marshal. Processes, writs, etc. SEC. XXII. Be it further enacted, That in case there should at any time be a failure to elect a mayor and aldermen for said town, as provided for in this Act, any two freeholders residing in said town, upon giving ten days' notice thereof, shall or may proceed to hold an election in manner as pointed out in this Act for the regular elections in said town; and the mayor and aldermen so elected shall hold their office until the next regular election in said town or until their successors are qualified; and in case at any time there should be a vacancy in the office of mayor or aldermen, that the mayor and any two aldermen, or two freeholders resident in said town, may, upon ten days' notice, proceed to fill such vacancy in a manner pointed out for elections in said town by this Act; and all officers thus elected shall hold their office until the next regular election in said town, or until their successor is qualified. Failure to elect mayor and aldermen. Vacancies. SEC. XXIII. Be it further enacted by the authority aforesaid, That the mayor and aldermen shall have full power and authority to open and lay out, to widen, straighten or otherwise change streets and alleys in the said town. Whenever the mayor and council shall exercise the power in this section delegated, they shall appoint two freeholders, and the owner or owners of the lots fronting on said streets or alleys shall, on five days' notice, appoint two freeholders who shall proceed to assess the damage sustained or the advantage derived by the owner or owners of said lots in consequence of the opening, widening or straightening or otherwise changing said streets or alleys; and in case said assessors cannot agree they shall select a fifth freeholder as umpire, the said assessors and umpire to take an oath that they will faithfully discharge their duties, and either party to have the right to enter an appeal to the Superior Court of Dodge county within ten days from the said award; the mayor and council of the said town of Rhine to have power and authority to levy, collect and enforce the final award and judgment in each and every case by judgment and execution against the owner or owners of said lot or lots when the same is found to be advantageous to said owner. Opening, etc., of streets, alleys, etc. Assessments, etc, of damages to private property.

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SEC. XXIV. Be it further enacted, That when any fi. fa. issued by the corporate authorities of said town for fines, forfeitures, taxes or any other debt or demand due said corporation shall be levied upon any property claimed by any other person not a party to said fi. fa. , that said claim shall be interposed under the same rules, regulations and restrictions as regulate other claim cases, and the said claim shall be returned and tried in the first Justice Court or Superior Court having jurisdiction thereof, as the case may be. Claims. SEC. XXV. Be it further enacted, That this Act shall take effect from and after its passage. This Act to take effect immediately. SEC. XXVI. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved September 1, 1891. AMENDING CHARTER OF SWAINSBORO. No. 383. An Act to alter and amend the tenth section of an Act, approved September 21, 1887, entitled an Act to repeal an Act incorporating the town of Swainsboro, in the county of Emanuel, approved December 22, 1857, and the several Acts amendatory thereof, and to provide a new charter for said town, and for the election of a mayor and councilmen; to prescribe their powers and duties, and for other purposes, by prohibiting the authorities of said town from exercising the powers conferred by said section upon them, so far as the same may relate to the property (live stock) of non-residents. SECTION I. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That the tenth section of an Act, approved September 21, 1887, which provides a new charter for the town of Swainsboro, which reads as follows: That said mayor and council shall have full power and authority to enact and enforce all ordinances, by-laws, rules and regulations necessary for the good government of said town and securing and promoting the health of the inhabitants thereof not repugnant to the Constitution and laws of this State. They may regulate or prohibit the running at large in said town of any horses, mules, cattle, hogs, dogs or other animals or fowls, and prescribe penalties therefor, etc., be, and the same is, hereby amended by inserting after the word therefor, in the eighth line, and before the word to, in said line, the following words, to-wit: provided , that the authorities of said town shall not exercise the powers conferred by this section over or upon the property or live stock of such persons as do not reside within the corporate limits of said town of Sawinsboro, so that said section, when so amended, shall read as follows: That the mayor and council shall have full power and authority to enact

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and enforce all ordinances, by-laws, rules and regulations necessary for the good government of said town, and for securing and promoting the health of the inhabitants thereof, not repugnant to the Constitution and laws of this State. They may regulate or prohibit the running at large in said town of any horses, mules, cattle, hogs, dogs or other animals or fowls, and prescribe penalties therefor; provided , that the authorities of said town shall not exercise the powers conferred by this section over or upon the property or live stock of such persons as do not reside within the corporate limits of said town of Swainsboro, etc. Tenth section of Act of Sept. 21, 1887, amended. Authority as to animals running at large not to be exercised over property of non-residents. 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. INCORPORATING THE TOWN OF MARTIN. No. 384. An Act to incorporate the town of Martin, in the county of Franklin, 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 the town of Martin, in the county of Franklin be, and is, hereby incorporated, and that the corporate limits of said town of Martin shall extend one-half mile in every direction from the railroad depot in said town. Town of Martin incorporated. Limits. SEC. II. Be it further enacted, That on each and every second Monday in October, after the passage of this Act, all the citizens residing in the corporate limits of said town, who shall be entitled to vote for members of the General Assembly of this State, shall be entitled to vote for a mayor and five councilmen, which election, held annually on said day, shall be held in said town and in the manner and under the same rules and regulations as are elections for members of the General Assembly, so far as they are applicable, the polls to be opened and closed as at precincts. Regulations as to elections of mayor and councilmen. SEC. III. Be it further enacted, That the certificates of the managers of the election shall be proof of election, and that before entering upon the duties of their office the mayor and councilmen shall each make and subscribe an oath to faithfully discharge his duties as an officer of said town. Certificates of election. Official oath. SEC. IV. Be it further enacted, That all contested election cases shall be heard before the managers of the election, under such rules as may be prescribed by the mayor and councilmen, and all vacancies in the Board of Mayor and Councilmen occurring between the election by the people, shall be filled by the remaining members of the board. The term of the mayor and councilmen, except when elected to fill an unexpired term, shall be for one year, and until their successors are elected and qualified. Contested elections. Vacancies. Terms of office.

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SEC. V. Be it further enacted That the mayor shall be ex officio justice of the peace, and shall have full athority to issue warrants for any offence committed within the corporate limits of said town, and shall have power to compel the attendance of witnesses; to examine them under oath; to admit any offender to bail or commit him to jail for violation of the laws of the State, and to admit to bail or commit to the guard house for violation of the ordinances of said town. Mayor ex officio justice of the peace, etc. SEC. VI. Be it further enacted That said mayor and councilmen shall have power and authority to pass all laws and ordinances that they may deem necessary for the government of said town and protection of property from loss or damage by fire therein; provided , they be not repugnant to the Constitution and laws of this State and of the United States. General powers as to laws and ordinances. SEC. VII. Be it further enacted, That said mayor and councilmen, a majority of whom shall constitute a quorum, shall have power and authority to appoint all officers they may deem necessary for the good of said town and to carry this Act into effect; to compel all persons in said town liable to road duty to work on the streets or pay a commutation fee in lieu thereof; to open streets where deemed necessary; to levy and collect and ad valorem tax of not exceeding five-tenths of one per cent. upon all property in said town, and such special taxes upon peddlers, shows, auctioneers and like enterprises as they may deem best for said town; and that said mayor and councilmen, by their corporate name, Martin, shall have power to sue and be sued, plead and be impleaded with. Subordinate officers, etc. Street working and tax. Streets. Ad valorem tax. Special taxes. General corporate powers. SEC. VIII. Be it further enacted, That the mayor of said town, and in his absence the mayor pro tem. (who shall be elected by the councilmen from their own number), shall be the chief executive officer of said town; he shall see that the ordinances, by-laws, rules and orders of the council are faithfully executed; he shall have control of the police of said town, and may appoint special police whenever he may deem it necessary; and it shall be his duty to see that the peace and good order of the town are preserved, and that persons and property therein are protected, and to this end he may cause the arrest and detention of all riotous and disorderly persons in said town; he shall have power to issue executions for all fines, penalties and costs imposed by him, or he may require the immediate payment thereof, and in default of immediate payment, he may imprison the offender in the guard house of said town, not exceeding thirty days. Duties and powers of mayor. 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 7, 1891.

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NEW CHARTER FOR EAST POINT. No. 394. An Act to provide a new charter for the town of East Point, in the county of Fulton, 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 corporate limits of the town ef East Point, in the county of Fulton, shall remain as now established by law. Corporate limits. SEC. II. All persons who have been bona fide residents of said town of East Point for six months next preceding a charter election held therein, and who are qualified voters for members of the General Assembly, shall be entitled to vote at such charter election, and the common council of said town shall have power to provide for the registration of such voters. Qualifications of voters. Registration. SEC. III. The municipal government of said town shall consist of a mayor and six alderman, who together shall form the common council, but no person shall be eligible to either of said offices unless, at the time of his election, he resides within the corporate limits of said time and is a qualified voter. Before entering upon the discharge of their respective duties, the mayor and aldermen elect shall take and subscribe an oath to support the Constitution of the United States and of the State of Georgia, and faithfully to discharge the duties of their respective offices, which oath may be administered by any officer authorized to administer oaths, and when so taken and subscribed, said oaths shall be filed with the clerk of council of said town. As soon as practicable after the passage of this Act, the aldermen of said town now in office shall elect one of their number mayor, who shall hold his office until his successor is elected and qualified as hereinafter provided. The mayor and aldermen of said town of East Point and their successors in office shall be a body politic and corporate by the name of the town of East Point, and shall have perpetual succession and a common seal, and by the name aforesaid may sue and be sued, plead and be impleaded, purchase, hold, sell and convey such real estate and personal property as may be necessary for the good order, government and welfare of said town. All the corporate powers of said corporation shall be exercised by the common council or under its authority, except as otherwise provided. The common council shall elect a clerk of council, a treasurer and a marshal, each of whom when elected shall enter into a bond with good and sufficient sureties to be approved by the mayor in such penalty as the common council may prescribe, payable to the corporation conditioned faithfully to collect and pay over as required by the common council all taxes, fines, forfeitures and all other incomes of said corporation, and said officers shall continue in office during the pleasure of the common council, and perform the duties respectively as herein prescribed, or as may be required by the common council. The common council shall

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be presided over at its meetings by the mayor, or in his absence by one of the aldermen, who shall be elected by a majority of the aldermen present, and a majority of the common council shall be necessary to form a quorum for the transaction of business. There shall be kept by the clerk of council, in a well bound book, an accurate record of all the proceedings, by-laws, acts, orders, and resolutions of the common council, which shall be fully indexed and opened to the inspection of all persons required to pay taxes in said town. At each meeting of the common council the proceedings of the last meeting shall be read and corrected if erroneous and shall be signed by the presiding officer for the time being. Upon the call of any member the yeas and nays on any question shall be entered upon the records. In case of a tie the mayor shall have the casting vote. Municipal government. Qualifications for office. Official oath. Temporary government. Corporate name and general powers. Subordinate officers. Mayor to preside at council meetings, etc. Quorums. Minutes. Yeas and nays, etc. SEC. IV. The common council of said town of East Point shall have power therein to lay off, vacate, close, open, alter, curb, pave and keep in good order and repair roads, streets, alleys, sidewalks, cross-walks, drains and gutters for the use of the public or of any of the citizens thereof, and to improve and light the same and have them kept free from obstructions on or over them; to regulate the width of side-walks on the streets and to order the sidewalks, cross-walks, drains and gutters to be curbed and paved and kept in good order, free and clean by the owner or occupants thereof, or of the real property next adjacent thereto; to establish and regulate market and prescribe the time of holding the same; to prevent injury or annoyance to the public or to individuals from anything dangerous, offensive or unwholesome; to prevent hogs, cattle, horses, sheep and other animals and fowls of all kinds from going at large in said town, and to provide for impounding the same; to protect places where divine worship is being held; to abate or cause to be abated anything which a majority of the common council shall deem a nuisance; to regulate the keeping of powder and other combustibles and explosives; to provide, in or near said town, places for the burial of the dead and to regulate interments therein; to provide for the regular building of houses or other structures, the making of division fences by the owners of adjacent premises and the drainage of lots by proper drains and ditches; to make regulations for guarding against danger or damage by fire; to guard against the spread of disease; to protect the person and property of individuals and corporations in said town, and to preserve peace and good order therein, and for this purpose to appoint, when necessary, a police force to assist the marshal in the discharge of his duties; to prescribe the powers and define the duties of the officers appointed by the common council, fix their term of service and compensation, require and take bonds from them when deemed necessary, payable to the corporation, with such sureties and in such penalties as the common council may prescribe, conditioned for the faithful discharge of their duties; to erect, authorize or prohibit the erection of gas-works, water-works and electric light plants in the town, to prevent injury to the same or pollution of the water, and to promote the healthfulness of the town; to provide for and regulate the

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weighing or hay, coal and other articles sold or offered for sale in said town; to establish and maintain a system of public schools therein; to provide a revenue for said town and appropriate the same to its expenses; to provide for the annual assessment of the taxable property therein, and to adopt rules for the government of its own body. To carry into effect these enumerated powers and such others as may hereafter be conferred upon said municipal corporation or the common council of said town of East Point, the said common council shall have power to make and pass all needful orders, by-laws, ordinances, resolutions, rules and regulations not contrary to the Constitution and laws of this State or the United States, and to prescribe, impose and enact fines, penalties and imprisonments in the county jail or the prison of said town, or confinement in a work-gang upon the streets of said town; provided , that no fine imposed shall exceed the sum of fifty dollars, nor shall any imprisonment or work upon the streets exceed the term of thirty days and shall only be inflicted as an alternative of failure or refusal to pay such fines as may be imposed for violation of the ordinances of said town; and provided further , that when any person is committed to prison for any violation of any ordinance of said town the expense of maintaining said person shall be paid by said town; and provided further , that when in the exercise of any power granted in this section it becomes necessary to take private property for public use, or private property shall be damaged by the exercise of such power, the amount of compensation for property so taken, or the amount of damages to be paid by said town shall be ascertained by a board of arbitrators, one to be appointed by the common council of said town, one to be selected by the person or persons whose property is taken or damaged, and a third to be selected by the two named as aforesaid. Said arbitrators shall take an oath faithfully to discharge their duty in the matter of fixing the compensation for property taken and ascertaining the amount of damages to which the owner may be entitled, and said arbitrators shall make careful investigation and report to the common council the amount of compensation or damages to which the owner of property taken or damaged shall be entitled, which report shall have force and effect as a judgment against the town, but either party dissatisfied with the report shall have the right of appeal to the Superior Court of Fulton county under the same rules and in the same manner that appeals from the Court of Ordinary are now made. In case of appeal the party appealing shall pay the costs unless the report and judgment of the arbitrators is overthrown or modified in favor of the party appealing. The compensation of the arbitrators shall be fixed and paid by the common council out of the moneys of said town, and said arbitrators shall have all the powers of a Justice of the Peace so far as the same may be necessary in the performance of their duties under this section. General municipal powers. Ordinances etc. Fines and penalties. Expenses of imprisonments. Condemnation of private property. Award. Appeals, etc. Compensation and powers of arbitrators. SEC. V. Be it further enacted, That the common council of the said town of East Point shall cause to be made up annually and entered upon the minutes of said common council an accurate estimate of all sums which are or may be lawfully chargeable in said

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town and which ought to be paid within one year, and said common council shall have power to levy and collect taxes to such an amount as may be necessary to pay the same. All real and personal property within the corporate limits of said town shall be subject to taxation, but the tax levied thereon shall not exceed fifty cents on every one hundred dollars of the value thereof. For the purpose of fixing the value of property within said town for taxation, the the common council may appoint, when necessary, three discreet persons, who shall take and subscribe an oath fairly and justly to assess the value of said property, and it shall be the duty of such persons to report to said common council, as soon as may be, the value of the real and personal property owned by each and every person within said town, on the first day of April of the year for which the assessment is made, and the value of said property fixed by the assessors as aforesaid shall be the valuation at which said property shall be taxed; but any person who may be dissatisfied with the return of said assessors as to his or her property shall have an appeal to the common council, which, upon a hearing, shall have the power to reduce said assessment to such figure as shall be just in the premises. There shall be a lien on real estate within said town for the town taxes assessed therein, and for all other fines and penalties assessed or imposed upon the owners thereof by the authorities of said town, from the time they are assessed or imposed, which shall have a priority over all other liens except the lien of the State and county for taxes, and may be enforced in the same manner as now prescribed by law for the enforcement of the lien for county taxes, or in such other manner as the common council of said town may by ordinance prescribe. Estimates of expenses etc. >Ad valorem tax. Tax-assessors. Disputed valuation. Lien for taxes fines and penalties. SEC. VI. Be it further enacted, That the common council of said town shall have power to establish one or more schools within said town and provide suitable teachers for the same, wherein shall be taught the necessary branches of a plain English education, which schools shall be free to all the children residing within the limits of said town. There shall be separate schools for white and colored children, and the common council shall see to it that there is a fair division of the school fund between the two races. The schools thus established shall at all times be under the control of the common council, and the teachers thereof shall serve during the pleasure of said common council, and not otherwise. For the specific government of said schools the said common council shall have the power to provide by ordinance. For the purpose of maintaining said schools, the common council of said town shall have power to use such portion of the income of said town arising from taxation of real and personal property as may not be required for other purposes in said town; to receive from the proper authorities of the State or the county of Fulton such share of the public school fund as may be allotted to said town; to receive such real or personal property, money or other thing of value, as may be donated to said town for school purposes; to license and regulate the management of hotels, private boarding houses, barber shops, livery stables and any and all other businesses that may be carried on within the

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limits of said town; provided , that nothing in this section shall be construed as to repeal any existing Act of the General Assembly in relation to the sale of intoxicating liquors; to levy a tax on all billiard, pool or other tables kept for public use, ten-pin or nine-pin alleys and tables and alleys of any other kind used for the purpose of playing on with pins or balls or both, and on all contrivances of whatever kind used for the purpose of carrying on any game of chance by using any device or artifice whatsoever; to tax all dogs within said town not exceeding fifty cents each per year; to tax all shows taxed by the laws of this State which may exhibit within said town, and to license anything to be done within said town for which a State license is required. All of these taxes and licenses, if not paid voluntarily, shall be collected by execution and levy and sale as provided for the collection of taxes on real and personal property. The fund arising from these several sources shall be known as the school fund of said town, and shall be disbursed under the authority of the common council of said town. Should the fund thus created be greater than the necessities of the schools require, the surplus may be used for the general purposes of the town. The common council shall have power to pass all such ordinances as may be necessary to carry the provisions of this section fully into effect; provided, however , that this section shall not go into effect until the same shall have been submitted to a vote of the people of said town and ratified at an election to be held for that purpose by two-thirds of the qualified voters of said town of East Point. Said election or elections shall be held at a time or times to be fixed by the common council and under the same regulations that elections for mayor and aldermen of said town are held. At such election or elections the question shall be for schools or against schools. If two-thirds of the qualified voters of said town at such election or elections vote for schools, then this section shall become of force; otherwise, the same shall remain in abeyance until so ratified at some future election, to be held for the purpose, by two-thirds of the qualified voters of said town as aforesaid. Schools. Support of schools. Business licenses. Existing laws as to sales of liquors not to be affected. Specific taxes, etc. Collection of. School fund. This section not to go into effect until ratified by the people. SEC. VII. Be it further enacted, That it shall be the duty of the mayor of said town to take care that the orders, by-laws, ordinances, Acts and resolutions of the common council are faithfully executed; he shall hold the municipal court and shall be ex officio justice of the peace within said town, and shall within said town, have and exercise all the powers and duties vested by law in a justice of the peace, except that he shall have no civil jurisdiction. He shall be chief executive officer of the town and shall have control of the police thereof and may appoint special police officers when necessary, and it shall be his duty especially to see that the peace and good order of the town are preserved and that persons and property therein are protected, and to this end he may cause the arrest and detention of all rioters and disorderly persons in said town before issuing his warrant therefor. He shall have power to forfeit recognizances and to issue executions for taxes and licenses due the town, and for all fines, penalties and costs imposed by him.

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He may require the immediate payment of any fine, penalty or costs imposed by him, and in default of payment he may commit the party in default to the county jail, town prison or work-gang on the streets as hereinbefore provided. In the absence of the mayor from the town or his sickness, or in case of a vacancy in the office, any one of the aldermen selected by a majority of the common council shall perform the duties of mayor and be vested with all his powers. Duties and powers of mayor. Absence or sickness of mayor or vacancy in the office. SEC. VIII. Be further enacted, That it shall be the duty of the marshal to arrest offenders against the ordinances of said town; to collect the town taxes, fines, levies and assessments, and in case the same are not paid within one month after they are placed in his hands, the mayor shall issue execution therefor and the marshal may levy and sell therefor in like manner and under the same regulations as the officers of the State and county are now authorized to levy and sell under other executions. The marshal shall perform such other duties as the common council shall by ordinance require him to perform. Duties of marshal. SEC. IX. Be it further enacted, That the mayor, marshal and clerk of council shall have such reasonable compensation for their services as shall be fixed by the common council, which shall not be increased or diminished during their term of office. Compensation of officers. SEC. X. Be it further enacted, That the election for mayor and aldermen shall be held annually on the second Tuesday in January under such rules and regulations as the common council may prescribe. The term of office of the mayor and aldermen shall commence on the first Tuesday in February in each year and shall be for one year and until their successors are elected and qualified. When a vacancy shall occur from any cause, in the office of mayor or alderman, the vacancy shall be filled by appointment by the common council from among the citizens of the town eligible to election. All contested elections shall be heard and decided by the common council. The franchises of the corporation of the town of East Point shall not be forfeited or discontinued by a failure to hold the election at the proper time; but the officer or other person authorized by law, or on their failure, any justice of the peace therein, or any three freeholders, should the justice fail to act, may at any time, on giving the inhabitants of the town at least five days' notice thereof by advertisement in some newspaper or by written or printed notices at three or more public places in said town, hold such election, and the persons elected at such election shall have the same powers and authority as if they had been elected at the regular time. Time for holding election for mayor and aldermen. Terms of office. Vacancies. Contested elections. Failure to hold elections at proper time. SEC. XI. Be it further enacted, That every male resident of said town over sixteen and under fifty years of age shall, if required by the common council, work not exceeding five days in any one year, by himself or acceptable substitute, on the roads, streets and alleys of said town under the direction of such officer as the common council may direct, but any person may be released from such work by the payment of a street tax to said town not to exceed two dollars and fifty cents, which money so paid shall be used in the

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improvement of the roads, streets and alleys of said town, and if the work so done and the money so paid is not sufficient to put and keep the roads, streets, alleys, side-walks, cross-walks, drains and gutters of said town in good repair, the common council may use for that purpose any money in the town treasury not otherwise appropriated. Street working and tax. SEC. XII. Be it further enacted, That all laws and parts of laws militating against or in conflict with this Act are hereby repealed. Approved September 8, 1891. INCORPORATING THE TOWN OF NELSON. No. 396. An Act to incorporate the town of Nelson, in the counties of Cherokee and Pickens, and to grant certain powers and privileges to said town, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That the town of Nelson, in the counties of Cherokee and Pickens be, and the same is, hereby incorporated as a town under the name of the town of Nelson. The corporate powers of said town shall be vested in a mayor and five councilmen, who shall by the name of the mayor and town council of Nelson have power to sue and be sued, plead and be impleaded, and exercise all the powers, and make and execute all contracts that may be necessary to carry out the purposes of this Act for the government of said town and the corporate limits of said town shall extend one-half mile in every direction from the marble mill of the Blue Ridge Marble Company. Town of Nelson incorporated. Corporate government, name and general powers. Limits. SEC. II. Be it further enacted by authority of the same, That B. J. Wofford be, and he is, hereby appointed mayor and W. G. Sosebee, Frank Dewar, D. K. Slaughterback, W. N. Edwards and E. M. Tatum be, and they are, hereby appointed councilmen of said town of Nelson, to hold their offices until the first election as hereinafter provided. Temporary mayor and councilmen. SEC. III. Be it further enacted, That on the first Saturday in January, 1892, and annually thereafter, on the same day an election shall be held in said town for a mayor and five councilmen, who shall hold their office for one year, and until their successors are elected and qualified. Each election shall be held under the management of three freeholders, all of whom shall be residents of said town, and not candidates in said election, and who shall be appointed by the mayor and town council to hold the election. The managers of all elections held under this charter shall conduct

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them as nearly as practicable as elections for members of the General Assembly are conducted. The polls at such elections shall be opened by 10 o'clock A. M., and shall close by 3 o'clock P. M. Before proceeding with the election, each of the managers shall take and subscribe before some person authorized to administer oaths, or if there is no such person present, each in the presence of the others, the following oath: All and each of us do swear that we will faithfully superintend this day's election; that we are qualified according to the requirements of the town charter to hold the same; that we will make a just and true return thereof, and not knowingly permit any one to vote unless we believe he is entitled to do so according to the charter of this town, nor knowingly prohibit any one from voting who is so entitled, and that we will not divulge for whom any vote was cast, unless called upon under the law so to do, so help us God. Elections, etc. SEC. IV. Be it further enacted, That the managers acting at the elections held under this charter shall issue a certificate of the result of the election to each of the persons elected, which shall be recorded on the rocords of said town. Said certificates shall be sufficient authority for the persons so elected to enter upon the discharge of their official duties, after qualifying as hereinafter provided. Certificates of election. SEC. V. Be it further enacted, That at such elections all persons who shall have resided in said town for thirty days before the day of election, who have paid all taxes of every description legally imposed, and demanded, by the authority of said town, and who shall be qualified to vote for members of the General Assembly, shall be qualified voters. All persons qualified to vote at such elections and eligible to hold office according to the Constitution and laws of this State shall be eligible to hold any office in said town. Qualifications of voters and for office. SEC. VI. Be it further enacted, That should the office of mayor or any councilman become vacated by death, resignation, removal or other cause, the mayor, or in case his office is vacant the mayor pro tem. , or if both said offices are vacant the councilmen shall order an election to fill said vacancy or vacancies, of which at least five days' notice shall be given by posting the notice at two of the most public places in said town. Persons elected at such elections shall fill unexpired terms only. Vacancies. SEC. VII. Be it further enacted, That before entering upon the discharge of their official duties the mayor and each of the councimen shall take and subscribe before some person authorized to administer oaths the following oath: I do solemnly swear that I will faithfully discharge all the duties

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devolving on me as mayor (or councilmen, as the case may be) of the town of Nelson during my continuance in office according to the best of my ability and understanding, so help me God. Said oath shall be entered upon the records of the corporation. Oath of office. SEC. VIII. Be it further enacted, That the mayor and councilmen shall elect annually, at such time as they may see proper, a mayor pro tem. from the councilmen, whose duty it shall be to act as mayor in all cases in the absence or disqualification of the mayor. They shall also have authority, in their discretion, to elect a marshal, and when the growth of the town may require additional police protection, such number of policemen as they may deem best, and a clerk and a treasurer. The marshal, the clerk and treasurer and the policemen shall hold their offices for one year, and until their successors are elected and qualified, or for a less period of time if the mayor and town council see fit to so prescribe. They shall be governed by such rules as may be prescribed by the mayor and council. They may be removed from office by a majority vote of the mayor and council for neglect of duty, incapacity or malfeasance in office, or for violation of the rules prescribed by the mayor and council for their government. The mayor and council may, if they see proper, select one of the councilmen to act as clerk and treasurer. The mayor and council may also appoint special policemen to serve whenever, in their judgment, such appointments may be necessary; such policemen to be discharged when the emergency for their services has passed, and to be compensated as the mayor and councilmen may determine. Mayor pro tem. Subordinate officers. SEC. IX. Be it further enacted, That the salaries or compensation of the marshal and of the clerk and treasurer shall be such as may be fixed by the mayor and council, and the mayor and council may also, in their discretion, require each or either of said officers to give bond for the faithful performance of duty in such amount as they may prescribe. Compensation and bond of officers. SEC. X. Be it further enacted, That the mayor and council shall have power and authority to levy and collect an ad valorem tax not exceeding three-tenths of one per cent. upon all property, both real and personal, which is taxable by the laws of the State, said tax to be for the purpose of defraying the general expenses of the town government. Ad valorem tax. SEC. XI. Be it further enacted, That said mayor and council shall have power and authority, in addition to the ad valorem tax heretofore provided for, to levy and collect a specific tax upon all billiard tables, pool tables, ten-pin alleys

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or nine-pin alleys, and all tables or alleys of any other kind, used for the purpose of playing with balls or pins, or both, within said town, and upon all contrivances of whatever kind, used for the purpose of gaming or carrying on a game of chance, by selling cards, tickets or numbers, or turning a deal, or when by pitching rings at sticks or knives, or by pointing out cards, pictures or photographs, or by using any other artifice or contrivance whatever. They shall also have authority to levy a tax in such sums as they may see proper, upon all circuses, sleight of hand performance, tricks of legerdemain, theatrical exhibitions, and other shows, which may be exhibited in said town, such taxes to be for each exhibition. Said mayor and council shall also have authority to levy and collect such license, taxes upon business occupations in such town, as they may see proper. Any and all of the taxes provided for in this section, if not voluntarily paid, may be collected by execution, levy and sale as hereinafter provided for the collection of other taxes. Special taxes. SEC. XII. Be it further enacted, That should any person fail, or refuse to pay the tax imposed by the said town authorities, according to this charter, the clerk and treasurer shall issue an execution against such delinquent tax-payer, which shall be signed by him in his official capacity, and bear test in the name of the mayor and town council. Said execution shall bind all the property that said defaulting tax-payer owned in said town on or since the first day of April in the year for which the property is or should have been returned for taxation. Said execution shall be directed to the marshal of said town, who, after levying the same upon the property of such defaulting tax-payer, and advertising the sale as sheriff's sales are advertised in case of real estate, and by posting in three of the most public places in the town, for ten days before the day of sale, when it is personal property that is levied upon, shall sell the property to the highest and best bidder before the door of the council chamber, or at such place as the mayor and council may direct such sales to take place. Where real estate is sold the marshal shall make the purchaser a deed to the same, which shall be as effectual in passing title as the deed of the sheriff in cases of tax sales. When said marshal shall sell any real estate under execution for town taxes, it shall be the duty of such marshal, upon application, to put the purchaser or his agent in possession of the real estate sold; provided , said marshal shall not be authorized to turn out any other person than such delinquent tax-payer, his heirs, tenants or assigns, since the lien of the town for taxes attached. Tax executions. Advertisements, sales, etc.

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SEC. XIII. Be it further enacted, That said mayor and council shall have authority, in addition to the taxes heretofore provided for, to levy and collect as a street tax a tax not exceeding five dollars per annum upon each and every male resident of said town, between the ages of sixteen and fifty years, except licensed ministers of the gospel in regular discharge of ministerial duties and in actual charge of one or more churches, and all persons who have lost one leg or one arm; provided , that any person so taxed shall have the opportunity to work the streets of the town and may relieve himself of such tax by working on the streets under the control and direction of the marshal for two days for each and every dollar of said tax due by him. Upon non-payment of said street tax, and failure or refusal to work the streets as hereinbefore provided, the mayor shall have power after five days' notice to such defaulter to sentence him to work upon the streets for a number of days sufficient to pay all such taxes assessed against him at fifty cents per day, if the town provides rations, and at seventy-five cents per day if the party provides his own rations. It shall be the duty of the town marshal to execute these provisions so far as they appertain to his office, and to execute any sentence of the mayor made in pursuance thereof. No resident of said town shall be liable to road duty outside of the limits of said town; provided , that the mayor and councilmen of said town of Nelson shall not be subject to street tax as provided in this section so long as they receive no further compensation for their official services to said town. Street working and tax. Defaulters, etc. SEC. XIV. Be it further enacted, That said mayor and council shall have power and authority to pass all rules, regulations or ordinances that they may deem necessary for the government of said town, the preservation of order and the protection of the lives and property of its citizens; provided , they are not in conflict with the Constitution and laws of this State or of the United States. General powers as to ordinances, etc. SEC. XV. Be it further enacted, That said mayor and town council shall have the sole and exclusive power and authority to regulate and control the sale of spirituous, vinous, malt and intoxicating liquors or bitters in said town; to grant licenses for the sale of the same, fix and collect the fees therefor, and to impose and enforce penalties for violation of ordinances or regulations passed in pursuance of this section; provided , that no license to sell spirituous, vinous, malt or intoxicating liquors or bitters shall be granted by said mayor and council without the written consent of a majority of the freeholders residing in said town including the Blue Ridge Marble Company, and any license granted without such consent shall be void. Sale of liquors.

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SEC. XVI. Be it further enacted, That the mayor of said town may hold a police court in said town at any time for the trial and punishment of all persons violating the ordinances and regulations of said town, the punishment inflicted not to exceed a fine of thirty dollars and costs, or labor on the streets not to exceed thirty days, or by confinement in the guard-house or calaboose of the town not to exceed thirty days, or the mayor may sentence the offender to work on the streets for a certain number of days or to be confined in the guard-house for a certain period of time, and allow in said sentence said punishment to be commuted upon payment of a fine. Mayor's court. SEC. XVII. Be it further enacted, That said mayor or council shall have full power and authority to remove, or cause to be removed, all buildings, porches, steps, fences or other obstructions or nuisances in the streets, alleys, lanes, sidewalks or public squares of said town; also, to license, regulate and control all taverns or public houses in said town; to regulate all butcher pens, slaughter houses, steam ginneries, steam saw mills, steam grist mills, blacksmith shops, forges, stoves and chimneys within said town, and to remove, or cause to be removed, the same or any of them, in case they become dangerous or injurious to the health of any citizen of said town, or become nuisances; and, also, if necessary, to fill up all pits, cellars, sinks and excavations in said town, or cause the owner thereof to do so; to drain all ponds or pools of water, or cause the same to be done by the owners of the premises upon which the same is located; also, to license and regulate all drays, omnibuses, wagons, carts or other vehicles owned or kept for use and hire in said town; and, also, to control all wells, pumps and livery stables in said town. Removal of obstructions or nuisances. Licensing taverns, etc. Pits, cellars etc. Drainage. Drays, etc. Wells, pumps, etc. SEC. XVIII. Be it further enacted, That the mayor and council shall have full power and authority to open and lay out, close up, widen, straighten or otherwise change streets and alleys in said town. Whenever the mayor and council shall exercise the power above delegated, they shall appoint one freeholder, and the owner or owners of lots fronting on said streets or alleys, or through which the same may be laid out or opened, shall, after five days' notice, select one freeholder, who shall proceed and assess the damages sustained, or advantages derived, by the owner or owners of said lots in consequence of the laying out, opening, widening, straightening or otherwise changing said streets and alleys. In case said two assessors cannot agree, they shall select a third freeholder to act with them, and then a majority of the three shall make the award. The said assessors shall

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take an oath to faithfully discharge their duties before proceeding to act. Either party dissatisfied with the finding of the assessors shall have the right to appeal to the Superior Court of the county where the land lies under the same rules and regulations as govern appeals from justices' courts. The mayor and town council shall have full power and authority by execution to levy, collect and enforce the final award, judgment or decree against the owner or owners of said lot or lots when the changes effected or work done is found advantageous to said owner or owners. Opening, etc., of streets, etc. Condemnation of property. Appeals, etc. SEC. XIX. Be it further enacted, That said mayor and council shall have full power and authority to protect places of divine worship; to regulate the keeping of gunpowder or other combustibles; to provide places for the burial of the dead and regulate interments therein; to make regulations for guarding against fire. Protection of Divine worship. Constables. Cemeteries. Fire. SEC. XX. Be it further enacted, That when the mayor is presiding at any police court, or at any meeting of the council, he shall have power to punish for contempt of court by a fine not exceeding five dollars or imprisonment not exceeding forty-eight hours. Contempts. SEC. XXI. Be it further enacted, That the mayor and council shall prescribe by ordinance the rules and regulations under which property shall be returned for taxation and the penalty for failure to make returns as required. Tax returns, etc. SEC. XXII. Be it further enacted, That the marshal or any policeman of said town shall have power and authority to arrest without a warrant any drunk or disorderly person, or any person committing or attempting to commit any crime against the laws of this State, or any offence against the town ordinances, and commit him to the guard-house or other place of safety to await his trial next day, or when the arrest is made on Saturday afternoon or evening, too late for the mayor to hear the case, to await his trial on the following Monday. Arrests and detention of offenders. SEC. XXIII. Be it further enacted, That said mayor and council shall have power and authority, in their discretion, to establish and maintain a guard-house, or calaboose, wherein to confine for safe keeping parties under arrest, or to confine for punishment parties convicted and sentenced in the mayor's court. Guard houses. SEC. XXIV. Be it further enacted, That any fine imposed by the mayor or mayor pro tem. for violation of any of the ordinances, rules or regulations prescribed by the mayor and town council may be enforced by execution against the defendant or person convicted, which shall be directed levied and advertised as other executions issued by the town authorities. Collection of fines may be by execution.

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SEC. XXV. Be it further enacted, That should any property levied upon under and by virtue of any fi. fa. issued by the corporate authorities of the town be claimed by any person not a party to said fi. fa. , said claim shall be interposed under the same rules, regulations and restrictions as regulate claim cases under the laws of this State, and the said claim shall be returned to and tried as claim cases in the first justice court or Superior Court having jurisdiction thereof, as the case may be. Claims. SEC. XXVI. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved September 10, 1891. INCORPORATING THE CITY OF CHICKAMAUGA. No. 397. An Act to incorporate the city of Chickamauga, in the county of Walker, to appoint a mayor and aldermen for the same, and for other purposes. SECTION I. Be it enacted by the General Assembly of Georgia, That the city of Chickamauga, in the county of Walker, is hereby incorporated. The corporate powers of said city shall be vested in a mayor and four aldermen. Said corporation may sue and be sued, plead and be impleaded and exercise all other corporate powers necessary in the performance of the duties generally required of a mayor and aldermen. City of Chickamauga incorporated. General corporate powers. SEC. II. Be it further enacted, That the corporate limits of said city shall extend in all directions three-fourths of one mile from the center of Crawfish Springs in said city. Corporate limits. SEC. III. Be it further enacted, That Gordon Lee be, and he is, hereby appointed mayor, and S. F. Parrott, N. D. Pringle, T. S. Lyon and D. G. Elder be, and they are, hereby appointed aldermen of said city, to hold their offices until their successors are elected and qualified as hereinafter provided. Temporary mayor and aldermen. SEC. IV. Be it further enacted, That on the first Monday in July, 1892, and annually thereafter on the same Monday mentioned, an election shall be held in said city for mayor and aldermen of the same. Any two freeholders residing in said city and qualified to vote therein may act as managers of said election. All elections shall be held at the office of the mayor. The polls shall be opened at 8 o'clock A. M. and closed at 4 o'clock P. M. All persons bona fide

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residents of said city at the time of any election for officers of the same, and who are entitled to vote for members of the General Assembly of the State of Georgia, and who have paid all taxes due said city, shall be qualified to vote in said election. The managers of such election shall issue certificates of election to such persons as shall receive the highest number of votes. Election for mayor and aldermen, etc. SEC. V. Be it further enacted, That before entering upon their official duties said mayor and aldermen shall each be sworn to faithfully and impartially discharge the duties of his office to the best of his skill and ability; they shall constitute a body corporate under the name and style of the mayor and aldermen of the city of Chickamauga, and by that name and style shall have perpetual succession, with power to sue and be sued in the courts of the State; to purchase, hold and convey property, both real and personal; to contract and be contracted with, so far as may be necessary or advantageous to the proper management and prosperity of the city; to make all laws, ordinances, rules and regulations necessary for the proper government of said city, not inconsistent with the laws of this State or of the United States; to open and lay out such new streets in said city as the public interest may require; to widen and straighten or otherwise change the streets, lanes, alleys or sidewalks in said city; to lay off, open, close up, curb, pave, drain and bridge, when necessary, and keep in good order and repair the roads, streets, bridges, sidewalks, alleys, drains and gutters, and to remove all obstructions or nuisances from the same; to regulate and control all taverns and public houses to establish markets and regulate all butcher-pens, tanyards, livery stables, sale stables, blacksmith shops, forges, stoves and chimneys in said city, and to remove the same, or any of them, in case they should become dangerous or injurious to the health or property of any citizen of said city, and to remove or abate any other thing that may be deemed by them to be a public nuisance and destructive to the health, peace and quiet of said city; to protect places of public worship; to regulate the keeping of gunpowder and other combustibles; to provide cemeteries for the burial of the dead and regulate interments therein; to make regulations for guarding against fire; to organize and equip fire companies; to fix and establish fire limits, and from time to time to enlarge or restrict the same, and prescribe what kind and class of building shall not be constructed within said limits. Oath of office. Corporate name and powers. Ordinances etc. General municipal powers. SEC. VI. Be it further enacted, That the mayor and aldermen of said city shall have power and authority to establish

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and provide for the maintenance of a system of public schools for said city, in accordance with the provisions of the Constitution of this State as provided for in article 8, section 4, paragraph 1 of said Constitution; and until other wise provided by law the mayor and aldermen shall be, and they are, hereby constituted the Board of Education for said city. Public schools. Board of education. SEC. VII. Be it further enacted, That said mayor and aldermen shall have the right, power, privilege and authority to enact, pass, publish and enforce any and all such laws, ordinances and regulations as in their discretion may be necessary to protect the citizens and property and preserve the order and peace of said city. To this end, said corporation may build and maintain a city prison, and may punish offenders against its laws, ordinances and regulations. The punishment so inflicted shall not exceed a fine of one hundred dollars, or labor on the streets or public works of said city not to exceed sixty days, or confinement in the city prison not to exceed sixty days; in addition thereto such cost of the proceedings as may be imposed. Said fine and cost shall be collected by execution issued by the mayor or his authority against the estate, both real and personal, of the offender. Any one or more of the foregoing punishments may be inflicted upon offenders for each offence, in the discretion of the mayor and aldermen. Protection of persons and property, etc. City prison Punishment of offenders. SEC. VIII. Be it further enacted, That the mayor or mayor pro tempore of said city shall have full power and authority to hold courts of inquiry, and bind over all offenders for all crimes committed within the corporate limits of said city to the Superior Court of Walker county when the offence amounts to a violation of the State laws, and when the mayor or mayor pro tem. shall be so sitting as a court of inquiry they shall have all the power of a justice of the peace as to issuing warrants, requiring bail or any other act that a justice of the peace could do in a court of inquiry. Courts of inquiry, commitments, etc. SEC. IX. Be it further enacted, That said corporation shall have full power and authority, through its officers, to levy taxes on all taxable property within the corporate limits of said city, said tax not to exceed one per cent. on the appraised value of the property; to regulate the revenues and grant licenses for any and all purposes whatsoever not in conflict with or in violation of the laws of this State or of the United States. Said corporation shall have power and authority to grant licenses and regulate the sale of malt, vinous, spirituous or intoxicating liquors or wines, either by wholesale or retail, upon such terms as said corporation by its ordinances may provide. They shall also

Page 752

have power to levy and collect such tax on all business occupations carried on in said city, and such license tax on all shows, circuses, menageries or other like performances, billiard tables, pool tables and tables of like character, auctioneers, peddlers, sleight of hand entertainments or other itinerant business, profession or occupation, as may be deemed proper. Ad valorem tax. Sales of liquors. Special taxes. SEC. X. Be it further enacted, That the mayor and aldermen shall have power to elect a treasurer, clerk of court, marshal and deputy marshals, city attorney, engineer, city assessor or assessors, and fix their duties and compensation. They shall have power to elect one of their body mayor pro tempore , who shall have all the powers of the mayor in case of death, disqualification from any cause or absence of the mayor. Subordinate officers. SEC. XI. Be it further enacted, That all public roads running or passing through said city shall be kept in repair by the authorities of said city, who shall prescribe the manner of working said roads, and all citizens residing within the corporate limits of said city who are subject to road duty under the laws of this State shall be subject to work the roads and streets of said city; provided , that they shall not, in any event, be subject to road duty outside or beyond the corporate limits of said city; and provided further , that the mayor and aldermen shall fix a commutation tax, not to exceed five dollars per annum, which may be received in lieu of such road duty; and all taxes so collected shall be expended upon the streets of said city. The mayor and aldermen and other officers of said city shall be exempt from road or street duty during their term of office. Repair of public roads. Street working and tax. SEC. XII. Be it further enacted, That should any property-owner or owners be dissatisfied with the assessment or valuation placed upon his or their property by the assessor or assessors provided for in the ninth section of this Act, he or they shall have the right to appeal from said assessment to the mayor and aldermen; provided , said appeal shall be made in writing within ten days after the returns of said assessor or assessors shall have been made to said mayor and aldermen. Disputed valuation of property. SEC. XIII. Be it further enacted, That it shall be the duty of the marshal after the taxes have been levied and assessed to collect the same, and if not paid on demand of the marshal, the mayor of the city shall issue or cause to be issued an execution for said taxes, and the marshal shall proceed to levy and collect the same under the laws and regulations governing constables sales, unless the same be levied on realty, in which case the execution shall be turned over to

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the sheriff of the county who shall advertise and sell in accordance with the laws governing sheriff's sales, and the taxes when levied and assessed, as provided for in this Act, shall have a lien on the property so levied on and assessed prior to all other liens except liens for State and county taxes, and shall rank next to them. All fines that may be imposed by the mayor and aldermen of said city shall be collected by said marshal in same manner as executions for municipal taxes are collected. Tax executions. Advertisements and sales, etc. Lien for taxes. Collection of fines. SEC. XIV. Be it further enacted, That all the powers and duties contained in sections 786, 787, 788, 789, 790, 791, 792, and the Act approved September 29, 1881, and codified in the Code of 1882, as section 786(a), and the Act approved September 28, 1881, and codified in the Code of 1882 as section 786(b) and 786(c), whenever the same do not conflict with this Act, are hereby adopted and made part of this Act. Provisions of certain Code sections made part of this Act. SEC. XV. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved September 11, 1891. INCORPORATING THE TOWN OF STELLAVILLE. No. 405. An Act to incorporate the town of Stellaville, in the county of Jefferson, and State of Georgia, to define the limits of the same, provide for officers to govern it, prescribe their duties, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That the town of Stellaville, in the county of Jefferson be, and the same is, hereby declared to be incorporated under the name and style of the town of Stellaville, and as such shall be entitled to sue and be sued, plead and be impleaded, and do such other acts as may be authorized under this Act. Town of Stellaville incorporated. General powers. SEC. II. Be it further enacted by the authority aforesaid, That the corporate limits of said town shall extend from the ford of Brushy creek, on the Augusta and Louisville public road, sixteen hundred yards east, thence sixteen hundred yards west to ford of Brinson branch, thence follow said branch and creek to the aforesaid ford on Augusta and Louisville public road. Corporate limits. SEC. III. Be it further enacted, That the government of said town shall be invested in five aldermen, that Dr. J. W.

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Pilcher, J. W. Brinson, T. B. Mathews, O. B. Brown and George E. Barrow be appointed aldermen, to hold their offices until their successors are elected and qualified, as hereinafter provided. Temporary government. SEC. IV. Be it further enacted, That on the second Wednesday in January, 1892, and annually thereafter, on the same day in each year, an election shall be held in said town for five aldermen, who shall hold their offices for the term of one year, and until their successors are elected and qualified; but no one shall vote for or be eligible to the office of alderman of said town who is not qualified to vote for members of the General Assembly of this State. Said election shall be held and conducted in the same manner as elections for county officers in this State, and the certificates of the managers shall be sufficient authority to the persons elected to enter on the discharge of the duties of the offices to which they have been elected. Elections for aldermen, etc. SEC. V. Be it further enacted, That before entering upon the discharge of their duties, the aldermen shall subscribe the following oath, which may be administered by any person authorized by the laws of this State to administer oaths: I do solemnly swear that I will faithfully discharge all the duties devolving upon me as alderman of the town of Stellaville, according to the best of my ability, so help me God. Oath of office. SEC. VI. Be it further enacted, That the chairman of the Board of Aldermen shall be ex officio Justice of the Peace, and shall have full authority to issue warrants for any offence committed within the corporate limits of said town, and shall have power to compel the attendance of witnesses, to examine them under oath, to admit any offender to bail or commit him to jail for violation of the laws of the State, and to admit to bail or commit to the guard-house for violations of the ordinances of said town. Chairman of board ex officio justice of the peace. SEC. VII. Be it further enacted, That said alderman shall have power to levy and collect a tax of not exceeding five-tenths of one per cent. upon all property, both real and personal, within the corporate limits of said town. They shall also have power to require all persons within said corporate limits, who are subject to road duty under the law of this State, to work on the streets of said town, or they may prescribe a commutation tax which may be paid in lieu of work on the streets. Ad valorem tax. Street working and tax. SEC. VIII. Be it further enacted, That said aldermen shall have power and authority to pass all ordinances and by-laws, which they may deem necessary for the good government of said town; provided , they be not repugnant to the

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Constitution and laws of said State, and of the United States. General powers as to ordinances and by-laws. SEC. IX. Be it further enacted, That said chairman of the Board of Aldermen, if from any cause he fails to act, any three of the said aldermen are authorized to try and punish any person charged with violation of any ordinance of said town, and to punish persons proven guilty of such violation, by fine not to exceed fifty dollars, or imprisonment not to exceed thirty days. Trial and punishment of offenders. SEC. X. Be it further enacted, That said aldermen be, and they are, hereby vested with the power to prescribe such rules for the collection of taxes, fines and all other moneys due to said corporation, and for the enforcement of all other powers herein given them, as in their judgment may seem proper. Collection of taxes fines, etc. SEC. XI. Be it further enacted, That if any vacancy shall occur in said body of aldermen, the same shall be filled by an election made by the remaining members of said body, and the person so elected shall hold his office so long as his predecessor would have held the same. Vacancies. SEC. XII. Be it further enacted, That all laws in conflict with this Act be, and the same are, hereby repealed. Approved September 11, 1891. INCORPORATING THE TOWN OF KITE. No. 417. An Act to incorporate the town of Kite, in the county of Johnson, and to provide for the election of a mayor and council, and to define their powers and duties, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act the town of Kite, in the county of Johnson, shall be incorporated under the name and style of Kite, by which name it shall sue and be sued, plead and be impleaded. Corporate name and general powers. SEC. II. Be it further enacted, That the corporate limits of said town shall be as follows: The corporate limits of said town shall commence at the run of Holton's creek, and run north 12 east 44 chains and corner, and then run north 82 east 50 chains to Battle-ground creek, and thence down said creek to where it empties into the Ohoopie river; thence down the Ohoopie river to the mouth of Holton's creek, and thence up Holton's creek to the beginning corner, which,

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after the passage of this Act, shall be known as the corporate limits of said town. Corporate limits. SEC. III. Be it further enacted by the authority aforesaid, That as soon as is practicable, and on the first Saturday in October, 1891, there shall be an election held for the election of a mayor and five councilmen, which election shall be conducted in the same manner as an election for members of the General Assembly in this State, and each person residing within the corporate limits of said town, who shall be qualified to vote for the members of the General Assembly, shall be qualified to vote in such election for mayor and councilmen, and the person or persons who shall receive the highest number of votes for either of the above named offices shall be declared duly elected; provided , the marshal and clerk shall be elected by the mayor and council immediately upon their election, or as soon thereafter as practicable. Election for mayor and councilmen. Clerk and marshal. SEC. IV. Be it further enacted by authority aforesaid, That said mayor and council shall have power and authority to cause to be worked all streets, roads and alleys in said town by all persons residents therein subject to road duty under the laws of this State, and to fix a commutation tax to be paid by all such persons in lieu of road-working on said streets, alleys or roads. Said mayor and council shall have power to make any and all by-laws, rules and regulations or ordinances necessary for the government of the town, which are not inconsistent with the laws and Constitution of this State; to punish by fine or imprisonment, or both, in the discretion of the mayor or council; provided , the fine shall not exceed thirty dollars nor the imprisonment thirty days, in the discretion of the mayor or council. They shall also have power and authority to fix the cost that shall be paid to the mayor, marshal and clerk for services when any person shall be convicted for violating any of the ordinances of said town; provided , such cost shall be taxed against the person or persons convicted of violating any such ordinance or ordinances. Said mayor and council shall also have power to levy and collect a tax on all property within the corporate limits of said town, not to exceed two-tenths of one per cent., or so much thereof as may be necessary for the support of the government of said town. Street working and tax. Ordinances by-laws, etc. Punishment of offenders. Costs. Ad valorem tax. SEC. V. Be it further enacted by the authority aforesaid, That nothing in this Act shall be construed to give the town authorities, or any other authorities, the right to grant license to sell intoxicating liquors in any quantity whatever within the corporate limits of said town, or to repeal existing laws on that subject. Sale of liquors prohibited.

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SEC. VI. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved September 11, 1891. AMENDING THE CHARTER OF CAMILLA. No. 418. An Act to amend the charter of the town of Camilla, Mitchell county, Ga., to extend the corporate limits of said town two miles in all directions from the court-house in said town for school purposes only, and to provide for the levy and collection of taxes in said extended territory to aid in paying principal and interest on school-house bonds, issued or to be issued by the mayor and town council of said town of Camilla as provided by law, and for other purposes. SECTION I. Be it enacted by the General Assembly of Georgia, That the corporate limits of the town of Camilla, Mitchell county, Ga., be, and is, hereby extended two miles in all directions from the court-house in said town of Camilla for school privileges and purposes only. Corporate limits extended for school purposes only. SEC. II. Be it further enacted, That for the purposes of paying the principal and interest due on bonds now issued and sold or to be issued and sold by the mayor and town council of said town of Camilla, as provided by Act of General Assembly of Georgia approved November 4, 1889, that said mayor and town council shall levy and collect a tax on all the taxable property in said extended territory in the same way and manner that tax shall be levied and collected from taxable property embraced in limits of said town of Camilla before the passage of this Act, as provided in said Act approved November 4, 1889. Tax for payment of bonds. SEC. III. Be it further enacted, That all money arising from said taxation on said extended territory shall be used in paying principal and interest due on bonds before named, and for no other purpose. Use of funds. SEC. IV. Be it further enacted, That the same school privileges shall be granted to the children residing in said extended territory that are granted to children residing in said territory within the corporate limits of said town of Camilla before the passage of this Act. School privileges granted to children in new territory. SEC. V. Be it further enacted, That the mayor and town council shall have no jurisdiction or authority over said extended territory, except for the purposes before named. Restricting authority of mayor and coulcil.

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SEC. VI. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved September 11, 1891. INCORPORATING THE TOWN OF ARABI. No. 433. An Act to incorporate the town of Arabi, in the county of Dooly, to grant certain powers and privileges to the same, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That the town of Arabi, in the county of Dooly, be, and the same is, hereby incorporated as a town under the name of the town of Arabi. The corporate powers of said town shall be vested in a mayor and four councilmen, and by the name of the mayor and council of the town of Arabi they may sue and be sued, plead and be impleaded, and exercise all other corporate powers that may be necessary in performing their trusts. Arabi incorporated. Corporate name and powers. SEC. II. Be it further enacted by the authority aforesaid, That the corporate limits of said town shall extend one mile in every direction from the present depot of the Georgia Southern and Florida Railroad Company in said town. Corporate limits. SEC. III. Be it further enacted by the authority aforesaid, That James L. S. Brown be, and he is, hereby appointed mayor, and R. A. Bedgood, T. A. Royal, E. J. Story and J. F. Stapleton be, and they are, hereby appointed councilmen of said town of Arabi, to hold their offices until the first annual election as hereinafter provided. Temporary mayor and councilmen. SEC. IV. Be it further enacted by the authority aforesaid, That on the first Saturday in January, 1892, and annually thereafter on the same day, an election shall be held in the council chamber in said town for a mayor and councilmen, who shall hold their offices for one year and until their successors are elected and qualified; but none shall vote for or be eligible to the office of mayor or councilmen of said town who does not reside in the corporate limits thereof, and who is not also qualified to vote for members of the General Assembly of this State. Said election shall be held and conducted in the same manner as elections for county officers in this State, and the certificates of the managers of said election shall be sufficient authority to the persons elected to enter upon the discharge of the duties of the office

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to which they have been elected. In the event that the mayor or any member of the Board of Councilmen shall die, resign or be removed from office, there shall be an election ordered to fill the vacancy, which shall be done by the mayor, or in case there be no mayor, then by a majority of the councilmen, upon ten days' notice in writing in two of the most public places in said town, which election shall be held and conducted as hereinbefore provided. Elections, etc. Vacancies. SEC. V. Be it further enacted, That before entering upon the discharge of their duties, the mayor and councilmen shall subscribe the following oath, which may be administered by any officer authorized under the laws of this State to administer oaths, to-wit: I do solemnly swear that I will faithfull discharge all the duties devolving on me as mayor (or councilman, as the case may be) of the town of Arabi, Dooly county, to the best of my ability and understanding, so help me God. Official oath. SEC. VI. Be it further enacted, That said mayor and councilmen shall have power and authority to pass all laws and ordinances that they may deem necessary for the good government of said town, the protection of the health, life, liberty, security and property of the inhabitants thereof, and have and enjoy all the rights privileges and powers incident to such corporation which does not militate against or is not repugnant to the Constitution and laws of this State; that they may be capable in law and equity to purchase, have, hold, receive and enjoy, possess and retain to them and their successors for the use of the town of Arabi, any estate, real or personal, the property of or belonging to said corporation, of whatever kind or nature, and shall have power to sell, alien or lease any estate, real or personal, the property of or belonging to said incorporation; to convey the same or any part thereof, in any manner or way whatever as may seem best to them. General municipal powers. SEC. VII. Be it further enacted by the authority aforesaid, That said mayor and councilmen shall have power to levy and collect a tax not exceeding the amount allowed to be so levied and collected under the Constitution and laws of this State, upon all property, both real and personal, within the corporate limits of said town, and the same way be enforced by executions, issued by the clerk of said town in the name of the mayor, all levies to be made by the marshal of said town, and all sales made by him, shall be made and conducted in the same way and manner, and under the same regulations as sheriffs' sales under tax executions. They shall also have power to require all persons within said corporate limits, who are subject to road duty under the laws

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of this State to work on the streets of said town at such times as in their opinion it is needful, or they may prescribe a commutation tax, which may be paid in lieu of work on the streets of said town. Ad valorem tax. Tax executions. Street working and tax. SEC. VIII. Be it further enacted, That the mayor of said town, and in his absence the mayor pro tem. (who shall be elected by the councilmen from their number), shall be the chief executive officer of said town. He shall see that the ordinances, by-laws, rules and orders of the council are faithfully executed. He shall have control of the marshal and police of said town and may appoint special police whenever he may deem it necessary, and it shall be his duty especially to see that the peace and good order of the town is preserved, and that all persons and property therein are fully protected, and to this end he may cause detention of all riotous or disorderly persons in said town. He shall have power to impose fines not exceeding fifty dollars upon all offenders against the laws and ordinances of said town, or he may imprison them not exceeding thirty days, one or both at his discretion. Duties and powers of mayor. Punishment of offenders. SEC. IX. Be it further enacted, That said mayor and councilmen at the first meeting after the passage of this Act, and at their first meeting after each annual election, shall elect a clerk and treasurer for said town either from their own number or from among any of the citizens of said town, and they shall also elect at the same time a marshal for said town from among the citizens thereof. The clerk and treasurer and the marshal shall each give a bond in an amount to be fixed by the mayor and councilmen, to be approved by the mayor and made payable to him, and conditioned for the faithful performance of their duties. Clerk and treasurer. Marshal. Bonds of officers. SEC. X. Be it further enacted, That the marshal and treasurer shall each receive such salaries as the mayor and councilmen may deem just and proper. The mayor and council (except the treasurer) shall not receive any salaries except it be expressly provided by the ordinances of said town; but the mayor and each councilman shall be exempt from street tax during their term of office. Salaries, etc. SEC. XI. Be it further enacted, That said mayor and town council shall have power and authority to tax all shows, auctioneers, sleight of hand performances, gift enterprises, pool and billiard tables, wheel of fortune, and other like enterprises, and all businesses and trades and callings or business establishments in said town as they may deem proper and just; provided , the same is not repugnant to the Constitution and laws of this State. Specific taxes.

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SEC. XII. Be it further enacted, That said mayor and council shall have the power to regulate and control the sale of vinous, malt, intoxicating liquors or bitters or patent nostrums or any beverages or medicine which, if drank to excess, will produce intoxication, and to regulate or prohibit the keeping of the same on hand for sale, to grant licenses to each firm or dealer in said town, to fix a fee for said license, and impose penalties upon any person selling such intoxicating liquors, bitters and beverages in said town without such licenses, subject to the existing laws of this State. Sales of liquors. SEC. XIII. Be it further enacted, That the said mayor and town council shall have power and authority to do any and all acts and things which are usually done by corporations of like character in this State, which are not contrary to the Constitution and laws of this State. General powers. SEC. XIV. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved September 14, 1891. INCORPORATING THE TOWN OF LEARY. No. 434. An Act to amend an Act to incorporate the town of Leary, in the county of Calhoun, to grant election privileges to the same, and for other purposes, approved September 15, 1881. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act, the name of the governing power of the town of Leary be, and the same is changed from Intendant and Commissioners, to that of Mayor and Council. Wherever in said Act the word intendant occurs the word mayor shall be substituted therefor, and wherever the word commissioners occurs in said Act the word council shall be substituted therefor. Corporate name. SEC. II. Be it further enacted by the authority aforesaid, That said mayor and council of said town shall have the power to levy and collect a tax on all the property within said town, not to exceed one per cent. ad valorem; to levy and collect such tax on business occupations, professions, callings, trades and so forth performed or exhibited within the corporate limits of said town, and to fix such license on

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circuses, menageries, shows and museums as may be deemed proper; to abate nuisances within the corporate limits of said town; and to regulate all livery stables, blacksmith shops, stoves and chimneys and forges in said town, and remove the same or any of them in case they should become dangerous or injurious to the health or property of any citizen of said town; to regulate or prohibit the carrying on of any business in which decaying animal or vegetable matter may become offensive or injurious to the public welfare; to try offenders for the violations of the ordinances, rules and regulations prescribed for the government of said town; and the mayor or mayor and council of said town may punish violations of the same by fine, imprisonment in the guard-house, as may be prescribed in the ordinances of said town; and when the mayor's court is in session or the town council is in session, said mayor or the acting mayor and the said council may punish for any contempt any penalty, not to exceed five dollars, or confinement in the guard-house not to exceed five days. Ad valorem tax. Special taxes, licenses, etc. Nuisances. Livery stables, blacksmith shops, etc. Trial and punishment of offenders. Contempts. SEC. III. Be it further enacted, That said town shall have the right and power to lay off, vacate, close, open, alter, curb, pave and keep in good order and repair streets, alleys, side-walks, drains, gutters and sewers for the use of the public or any of the citizens thereof; and to improve and light the same and have them kept free from obstruction in or over them; to prevent injury or annoyance to the public or individuals from anything dangerous or unwholesome; to erect or authorize or prohibit the erection of electric lights, gas-works or water-works in the town. Opening, etc., of streets, alleys, etc. Care of public nealth and safety. Lights and water. SEC. IV. Be it further enacted, That said town may require a license for all business occupations, callings, trades and professions, and fix penalties for the engaging in any of these avocations without first obtaining such license; that said town shall have the right to appoint assessors to assess for taxation the value of all property in said town, both real and personal, whenever so required to do by the council, which may require either the realty or personalty or both to be assessed, said assessors to be bona fide residents and freeholders of said town. Business licenses. Tax assessors. SEC. V. Be it further enacted, That the town shall have the power to regulate all vehicles of every kind or character used in said town for profit in the transportation of freight or passengers or both, and to fix the charges therefor. Vehicles, SEC. VI. Be it further enacted, That it shall have the power to regulate the management and to license the barrooms, saloons, hotels, private boarding houses, billiard tables, nine-pin alleys and tables and alleys of any other

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kind, and all games, plays or devices carried on by selling cards, tickets or numbers, or by using racks, rings or sticks, or by using any other artifice or contrivance. Bar-rooms, hotels, billiard tables etc. SEC. VII. Be it further enacted, That every male resident of said town, not under sixteen nor over fifty years of age, shall, if required by the council of said town, work, not exceeding eight days, on the streets, alleys and sidewalks of said town, under the direction of the street committee or overseer, or may be released from such work upon the payment of such amounts as may be fixed by the mayor and council, which sums shall be used by said town for the repair or improvement of said streets, alleys and sidewalks. Any person failing to work on said streets, alleys and sidewalks when so required to do by said mayor and council, or to pay said amount of money in lieu of such work, may be punished as now or hereafter provided by ordinance of said town. Street working and tax. SEC. VIII. Be it further enacted, That said town shall have the power to license and tax all subjects, persons and things that are licensed or taxed by the State, and to regulate the same in the corporate limits of said town. General taxing powers. SEC. IX. Be it further enacted, That said town shall have the right to carry into effect and enforce all the powers herein conferred by ordinances and by-laws, and to enforce and carry into effect such ordinances and by-laws by such penalties as the mayor and council may deem proper, that are not in conflict with this Act and the general laws of the State. General power as to ordinances by-laws, etc. SEC. X. Be it further enacted, That there shall be two boards of school trustees elected by the legal voters of said town, who shall be bona fide citizens and freeholders of said town, for a term of six months next preceding said election, to be elected each year, and that said trustees shall have power to purchase, rent or otherwise secure suitable buildings and grounds for school purposes, and make and hold titles to the same as they may deem best for the public good, and that the said boards may confer with the town council, and in the event there should be a surplus of funds in the hands of the said town council that said trustees may receive from the said council any part of said surplus in the discretion of said council, said funds to be used for the purpose of purchasing school property only. Said Board of Trustees shall consist one of three whites who shall act for the white school, and one of three negroes who shall act for the negro school, and that said white board shall be chosen by the white voters of said town, and that the negro board shall be chosen by negro voters of said town. School trustees. Election and qualifications. Powers. Use of funds. Composition of the two boards, etc.

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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 15, 1891. NEW CHARTER FOR STONE MOUNTAIN. No. 435. An Act to amend and revise the charter of the town of Stone Mountain, in DeKalb county, to provide a new charter therefor, so as to increase the powers of the mayor and town council, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That the inhabitants of the territory hereinafter designated are hereby continued corporate by the name and style of the town of Stone Mountain, a body politic and corporate, with power to govern themselves by such ordinances, resolutions and by-laws for municipal purposes as they may deem proper, not in conflict with this charter nor the Constitution and laws of this State nor of the United States, with power in and by said name to contract and be contracted with, sue and be sued, plead and be impleaded, in all the courts of this State; to have and use a common seal; to hold all property, real or personal, now belonging to said town for the purpose and intents for which the same were granted or dedicated; to acquire by gift or purchase such other real or personal property as may hereafter be necessary for corporate purposes, and to use, manage, improve, sell and convey, rent or lease any and all of said property, as may be deemed advisable for corporate interests. Corporate name and general powers. SEC. II. Be it further enacted, That the corporate limits of said town shall extend one thousand (1,000) yards in each and every direction from the Georgia Railroad depot, in said town. Corporate limits. SEC. III. Be it further enacted, That there shall be elected on the second Wednesday in December, 1891, between the hours of ten o'clock A. M. and four o'clock P. M., a mayor and six members of council. The mayor and council, in all cases, shall hold their offices until their successors are elected and qualified; said election to be held as provided for election of county officers. First election for mayor and councilmen etc. SEC. IV. Be it further enacted, That the mayor shall be the chief executive officer of said town; he shall see that all the laws and ordinances of the town are faithfully executed; shall receive such salary as the mayor and council,

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by ordinance, shall fix, not to exceed the sum of fifty dollars per annum. Before entering on the duties of his office, he shall take and subscribe the following oath, before some officer authorized by law to administer oaths, and which shall be spread on the minutes or records of such mayor and council: I (A. B.) do solemnly swear (or affirm) that I will, to the utmost of my ability, discharge the duties of mayor of the town of Stone Mountain during my continuance in office, so help me God. Duties and powers of mayor. Official oath of mayor. SEC. V. Be it further enacted, That at the first meeting of said council in each year they shall choose from their own number a mayor pro tempore , who shall, in the absence, sickness or disqualification of the mayor, perform all the duties required of the mayor, and in case of the absence, sickness or disqualification of the mayor, the mayor pro tempore shall be clothed thereby with all the rights, privileges and duties of the mayor-elect when and during the sickness or absence of the mayor, upon taking the usual oath, and not otherwise, and shall receive a salary as the council, by ordinance, may fix, not to exceed the sum of twenty-five dollars per annum; and if the mayor pro tempore , as well as the mayor, elected by the people, shall both be unable, from any cause, to attend to their duties, the council shall elect another mayor pro tempore , who shall thereby be clothed with all the rights, powers and duties of mayor of the town, upon taking the usual oath. Mayor pro tem. SEC. VI. Be it further enacted, That the mayor shall be ex officio the presiding officer of said Board of Council, and in his absence, sickness or disqualification the mayor pro tempore shall be the presiding officer of said Board of Council, but neither shall have a vote except in case of a tie. Presiding officer of council. SEC. VII. Be it further enacted, That the mayor, or in his absence the mayor pro tempore , shall have full power and authority to hold, at such times and place, and under such rules and regulations as may be, by ordinance, prescribed, a mayor's court for said town, for the trials of offenders against the ordinances of said town, and impose such penalties for the violation thereof as may be prescribed by ordinance, not exceeding one hunred dollars fine, or imprisonment in the town prison, or labor on the streets or public works of said town, not exceeding thirty days for each offence, and may impose one or more of such penalties for each offence, directly or in the alternative; and in the event such person or persons shall be dissatisfied with the judgment of the mayor, or in his absence of the mayor pro tempore , he or they shall have the right of appeal to the council at their next regular meeting, upon giving bond and security

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for their appearance before said council to abide by the final decision of said council; and the said council, after hearing all the evidence submitted, shall have power to affirm or reverse the decision of the mayor or mayor pro tempore ; and the mayor or in his absence the mayor pro tempore , or in the absence of both, a majority of the council, shall have full power to compel the attendance of witnesses under the same rules and regulations as is required for the attendance of witnesses at a justice's court. Mayor's court. Punishment of offenders. Appeals. Witnesses. SEC. VIII. Be it further enacted, That the said mayor, or in his absence, sickness or disqualification the mayor pro tempore , shall be, to all intents and purposes, a justice of the peace, so for as to enable him to issue warrants for offences committed within the corporate limits of town, which warrants shall be executed by the marshal of said town, and to commit to the jail of DeKalb county, or to admit to bail offenders for their appearance at the next Superior Court thereafter for the county of DeKalb; and it shall be the duty of the jailer of the county of DeKalb to receive all such persons so committed and safely keep the same until discharged by due process of law. Mayor ex officio justice of the peace. SEC. IX. Be it further enacted, That if at any time the office of mayor or councilman shall become vacant, by death, resignation or otherwise, the mayor or members of the council shall order an election to fill such vacancy to be held within thirty days thereafter; provided, however , if such vacancy or vacancies occur within three months of the expiration of the time for which such member or members were elected, there shall be no election ordered to fill the same, unless such vacancies would leave the council without a quorum. Vacancies. SEC. X. Be it further enacted, That said mayor and council shall elect a marshal for said town, who shall hold his office for one year, and until his successor is elected and qualified; shall receive such salary as the mayor and council by ordinance shall fix, and in addition to his salary the marshal shall receive one dollar and twenty-five cents cost in case of arrest of offenders against the laws of the town or of the State of Georgia where the offender or offenders are adjudged guilty; provided further , that the marshal shall receive no insolvent cost. Before entering upon the duties of his office he shall enter into bond, with good security in such sum as the mayor and council shall require, not to exceed two thousand dollars, payable to the mayor and council of Stone Mountain, conditioned for the faithful performance of his duties as marshal of said town, and faithfully to account of and for all money coming into his hands

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as ex-officio tax-receiver and collector for said town, or as marshal thereof; that the mayor and council, by a vote of two-thirds of its members, shall have power to remove marshal of said town from office for disorderly conduct, abuse of his office, neglect of official duty, or other conduct unbecoming an officer. Said charges must be made in writing, and the marshal shall have reasonable notice of them before trial; and the mayor and council shall have power at any time to fill a vacancy in such office, to continue only for the unexpired term of the retiring marshal. Marshal. His bond. Removal. SEC. XI. Be it further enacted, That the mayor and council shall have authority to employ any number of regular or special policemen to assist the marshal of said town in the discharge of his duties, or to preserve the peace and good order of said town, as occasion may require, and the mayor and council may, by ordinance, confer the power of appointing special policemen to discharge such duties upon the mayor or mayor pro tempore alone when in his judgment the good order and peace of said town shall require. Policemen. SEC. XII. Be it further enacted, That the mayor and council shall elect a clerk of council, who shall be ex officio treasurer of said town, and shall hold his office for one year, and until his successor is elected and qualified. His compensation and fee shall be fixed by ordinance, and not changed during the term for which he is elected. Before entering upon the duties of his office said clerk of council shall enter into bond, with good security, in such sum as the mayor and council shall require, payable to the mayor and council of Stone Mountain, conditioned for the faithful discharge of the duties of his office, and faithfully to account of and for any and all money coming to his hands as treasurer of said town. Clerk of council. His bond. SEC. XIII. Be it further enacted, That the mayor or mayor pro tempore holding and presiding in the mayor's court shall have full power and authority to administer oaths to any and all persons sworn as witnesses on the trial of any issue coming before said court to be determined. Administration of oaths in mayor's court. SEC. XIV. Be it further enacted, That for any breach of the bonds of the marshal and the clerk required by this Act to be given the same may be sued and recovered on to the full penalties thereof in any court having jurisdiction thereof, by the mayor and council of said town. Suits for breach of official bonds. SEC. XV. Be it further enacted, That the mayor and council shall have power to levy an ad valorem tax, not to exceed one-third of one per cent., upon all the taxable property within the corporate limits of said town, made taxable by the laws of this State. It shall be the duty of the marshal

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of said town to receive the returns of all taxable property returned to him, and to make out a schedule of all property within said town (liable to taxation not returned at such time) and in such manner and under such regulations as may be prescribed by ordinance. It shall be the duty of the marshal to collect the tax at such time and in such manner as said mayor and council shall by ordinance prescribe. It shall be the duty of the mayor and council to scan the returns made, and see that the returns made and see that the value placed on all property by said tax-payer is fair and reasonable. Should a difference arise between the mayor and council and any tax-payer concerning the value of any property, such difference shall be settled by arbitration; that is to say, the mayor and council shall choose one freeholder and the tax-payer to choose one freeholder and the two freeholders so chosen shall choose the third freeholder. It shall then be the duty of the three freeholders to assess said property and make return to the mayor and council, which assessment shall be final. Ad valorem tax. Tax returns. Collection of taxes. Inspection of tax returns, etc. SEC. XVI. Be it further enacted, That if any person shall fail or refuse to pay the tax imposed according to this Act, the clerk of council shall issue an execution, which shall be signed by the clerk and bear test in the name of the mayor. Such execution shall bind all the property which said defaulting tax-payer owned in said town, on the first day of April of the year in which it is required to be returned for taxation. Such execution shall be directed to the marshal of said town, who shall enforce the same by levy and sale of the property subject thereto, at such time and place and upon such notice as the mayor and council shall, by ordinance, prescribe, except, in case real estate is levied upon it shall be the duty of the marshal to advertise the sale as Sheriff's sales are now advertised; and it shall be the duty of said marshal to convey by bill of sale or deed the property so sold by him, and upon request, to put the purchaser thereof in possession of such property, the marshal receiving the same as constables in such cases. Tax executions. Advertisements and sales, etc. SEC. XVII. Be it further enacted, That said mayor and council shall not have the authority to license or permit the sale of any intoxicating liquors, alcoholic, spirituous, malt or beer of any kind whatsoever, nor shall any beer or beer saloon be permitted within the corporate limits of said town, but they shall have power and authority to regulate the sale of cigarettes. Sale of liquor prohibited. Cigarettes. SEC. XVIII. Be it further enacted, That the mayor and council shall have authority, in addition to the ad valorem tax hereinbefore provided for, to levy a tax on all billiard

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tables, ten-pin alleys, nine-pin alleys, and tables and alleys of any other kind used for the purpose of playing on with balls or pins, and on any and all contrivances of every sort used for the purpose of gaming for the public, not less than the sum of one hundred dollars, nor to exceed two hundred dollars for each year on each of said tables, alleys or games, and may levy and collect a tax on shows and exhibitions for gain, peddlers, itinerant traders, drays, livery or sale stables, warehouses, auctioneers, market houses, and upon all kinds of business and professions, and may also tax dogs, not to exceed one dollar for each dog; said tax to be paid at such time and in such manner as the mayor and council shall, by ordinance, prescribe. Special taxes. SEC. XIX. Be it further enacted, That all persons residing in the corporate limits of said town liable to perform road duty by the laws of this State shall be liable and subject to work on the streets of said town under the direction and control of the proper officers of said town; provided , the mayor and council of said town shall have power to levy a street tax in lieu thereof; and provided further , that all persons who shall fail or refuse to pay said tax on or before such day as said mayor and council by ordinance may require, the person failing shall be required, upon three days' notice, to do and perform street work as aforesaid, and upon failure thereof such defaulter shall be liable to be dealt with by the mayor and council as for violation of other ordinances of said town, as is provided in section 7 of this Act. Street working and tax. SEC. XX. Be it further enacted, That said mayor and council shall have power and authority to prescribe by ordinance for the imprisonment of any and all persons apprehended within the corporate limits of said town for the violation of such ordinances as they may pass or ordain for the preservation of the good order, morals or health of the inhabitants of said town or violation of the criminal laws of said State until said person can be tried before the proper authorities of said town; provided , that the person so arrested shall not be held or kept in custody exceeding twenty-four hours, not counting the Sabbath, without a hearing, except on his own motion. They shall also have power and authority to recognize any and all persons for the violation of the ordinances of said town to appear before the mayor's court to be tried therefor, and to abide the judgment of said court, and which bonds shall be valid and binding on the principal and security or sureties thereof, and in case of breach thereof may be recovered upon by said mayor and council in any court having jurisdiction thereof. Imprisonments. Appearance bonds.

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SEC. XXI. Be it further enacted, That the mayor and council shall have power and authority to abate and suppress nuisances and to keep the town in a good sanitary condition, as is provided for by law within the corporate limits of said town. Nuisances. SEC. XXII. Be it further enacted, That the mayor and council of said town shall have full power and authority to care for and make all necessary repairs to the cemetery of said town, to enlarge the same by purchase, when in their opinion it shall be necessary or proper, to regulate and provide for the burial of the dead therein, and may sell, and by deed grant to persons who may wish to purchase any vacant and unoccupied lot or lots in said cemetery for burial purposes, which said lot or lots when so deeded shall become the property of said purchaser; shall have power to employ a sexton for the same, with such assistance as may at any time be necessary, and do whatever they may deem best to preserve, protect and beautify said cemetery. Cemetery. SEC. XXIII. Be it further enacted, That the mayor and council shall have full power and authority to establish and fix such a system of grading and draining of the streets of said town as they may deem proper; they shall have full power and authority to order sidewalks laid out and kept in good order as they may deem proper. Upon failure of any person to comply with the same, within the time prescribed by ordinance, the said mayor and council may have the same done and levy and collect the expense thereof by execution against the lands and goods and chattels of the owner of the lot or lots. Grading and drainage of streets. Sidewalks. SEC. XXIV. Be it further enacted, That the mayor and council of the town of Stone Mountain are hereby authorized and empowered to levy and collect a tax annually, in addition to that now authorized by law, not to exceed five-tenths of one per cent. on the taxable property of said town, for the purpose of establishing and maintaining public schools in said town; provided , the moneys so collected shall be used only for the purposes herein set forth. School tax. SEC. XXV. Be it further enacted, That all children whose parents, guardians or natural protectors bona fide reside within the corporate limits of said town shall be entitled to the benefit of said schools. The mayor and council of said town may, in their discretion, charge each pupil attending said schools an incidental fee not to exceed three dollars per scholastic year, and may also admit children into said schools whose parents, guardians or natural protectors do not reside within the corporate limits of said

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town, upon the payment of such tuition as said mayor and council may deem reasonable and proper; provided , that all sums arising from these sources shall be used only for the purpose of maintaining said schools. Pupils, etc. SEC. XXVI. Be it further enacted, That said mayor and council shall provide for the appointment or election of a Board of Trustees, and shall define the duties of said board, and the said mayor and council shall have full power and authority to employ teachers for said school, fix their salaries, make rules for the government of said schools, and to do and perform all other Acts and things necessary or proper for the purpose of carrying out the objects of this Act, and may delegate such powers as they deem proper to the Board of Trustees aforesaid, not inconsistent with this Act. Board of trustees for schools. Teachers, etc. SEC. XXVII. Be it further enacted, That the white and colored children of said town shall be taught in separate schools, and the money derived from the taxation of the white population shall be appropriated solely to the establishment and maintainance of schools for the white children, and that derived from the taxation of the colored population shall in like manner be appropriated solely to the establishment and maintenance of schools for the colored children. Separate schools for white and colored pupils. SEC. XXVIII. Be it further enacted, That the said mayor and council shall make or cause to be made annually a full and complete list of all pupils in attendance upon said schools who reside in DeKalb county, and present the same to the county school commissioner, who is hereby authorized and directed to pay over to said mayor and council, or to such officer as they may appoint to receive the same, the proportionate part of the public school fund of DeKalb county, to be determined according to the number of pupils taught in said schools who reside in said county, to be used by said mayor and council only for the purpose of maintaining said public schools. Proportion of county school fund to be paid to the mayor and council. SEC. XXIX. Be it further enacted, That the mayor and council of said town are hereby made capable of taking, receiving, holding and applying any grants or donations, whether of money or property, made by any person or corporation for the benefit of said schools, and may at any time so alter their rules and regulations as to conform to any conditions required for the acceptance thereof; provided , they are not contrary to the laws of this State. Grants or donations for schools. SEC. XXX. Be it further enacted, That before this Act shall take effect and become operative the mayor and council of said town of Stone Mountain shall order an election,

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giving at least twenty days' notice of the same, to ascertain the sense of the qualified voters of said town, under the provisions of this Act, as to whether public schools shall be established in said town or not. The voters at said election shall have printed or written on their ballots the words for public schools or the words against public schools, and if at said election two-thirds of the persons qualified to vote shall vote in favor of public schools, then said mayor and council shall proceed to levy and collect a tax and establish schools, as provided in this Act. If there be not two-thirds of the votes cast at said election in favor of public schools, said mayor and council may order other elections as provided for in this section, but not more than one election on this question shall be ordered every twelve months. Election as to schools. New elections. SEC. XXXI. Be it further enacted, That all elections held under the provisions of this Act shall be held under the same rules and regulations as govern other elections in said town, and the qualification of the voters at said elections shall be the same as at other elections, except that no person shall be qualified to vote at said elections who does not, in addition to his poll-tax, pay taxes on some species of property in said town. The superintendents of said elections shall make returns thereof to said mayor and council, who shall open the said returns in open session and declare the result thereof, which result shall be entered on the books kept by the said mayor and council for the record of their proceedings. The notice required to be given by this Act, shall be by publication in the county paper. Regulations as to elections. SEC. XXXII. Be it further enacted, That the clerk of said mayor and council or other officer charged with the duty of receiving tax returns and collecting the tax in said town shall, on the day appointed for an election under this Act, and before the polls are opened, furnish to the superintendents of said elections a list of all persons residing within the corporate limits of said town who pay a town tax on some species of property, and no person whose name does not appear on said list shall be permitted to vote at said election, unless, in addition to the oath usually required, he will swear that he, bona fide in his own right, owns property situated in said town, subject to taxation. Said list shall be taken and considered as a correct enumeration of the qualified voters in said town in determining the question of whether or not two-thirds of the qualified voters of said town voted in favor of establishing public schools therein. Only tax payers or property owners may vote. Determination of necessary two-thirds majority. SEC. XXXIII. Be it further enacted, That any person who shall vote or attempt to vote at any election authorized under this Act, without being qualified to vote according to

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the provisions of this Act, shall be deemed guilty of a misdemeanor, and on conviction in a court having jurisdiction of the same shall be punished as prescribed in section 4310 of the Code of 1882. Illegal voting. SEC. XXXIV. Be it further enacted, That the clerk of council of the town of Stone Mountain, and in case of his sickness or absence such person as shall be appointed by the mayor and council for that purpose, shall open at the office of said clerk of council, or at such place as shall be designated by the mayor and council for that purpose, a book for the registration of voters of said town entitled to vote for mayor and council; said book of registration to be opened thirty days prior to the annual election for mayor and council, and to be kept open twenty days and not less than two hours each day (Sundays excepted), when said book shall be finally closed. And it shall be the duty of the clerk or other person appointed to the duty, upon the application of any person entitled to vote as aforesaid, which application shall be made in person and not by proxy, to register the name of such person, with the street upon which he lives; and such clerk or other person shall, in every case before making the registration, administer to the applicant therefor the following oath, viz.: You do swear (or affirm) that you are twenty-one years of age; that you are a citizen of the United States; that you have resided in this State for twelve months last past; in the town of Stone Mountain for past three months, and that you have paid all legal taxes required of you by the authorities of said town, and the said clerk, or other person conducting such registration, shall furnish the managers of said election with a copy of the same, made out in alphabetical order, as soon as the polls are opened, and failing to comply with any of the provisions of this section he shall forfeit and pay into the town treasury the sum of fifty dollars. Registration of voters. SEC. XXXV. Be it further enacted, That the mayor and council in office in said town are hereby clothed with all the rights, powers and privileges, during their continuance in office, that by the terms of this Act are conferred on their successors, as provided herein. They shall have full power and authority to pass all needful ordinances, resolutions and by-laws for the successful carrying into effect this Act. Powers, etc., of mayor and council now in office. SEC. XXXVI. Be it further enacted, That any and all laws and parts of laws inconsistent with the provisions of this Act, including the Act heretofore incorporating said and the several Act samendatory thereof, be, and the same are, hereby repealed. Approved September 15, 1891.

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AMENDING CHARTER OF BLAKELY. No. 439. An Act to amend an Act entitled an Act to incorporate the town of Blakely, in Early county, State of Georgia, appoint commissioners for the same and for other purposes, approved October 24th, 1870, so as to confer upon the mayor and council, men of the town of Blakely, the power to enter upon and take private property within the incorporate limits of said town for street, sidewalk and sewerage purposes whenever it shall become necessary for the public good to do so, and to prescribe the manner in which it shall be entered upon and taken. SECTION I. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by the authority of the same, That from and after the passage of this Act, the Act entitled an Act to incorporate the town of Blakely, in Early county, Georgia, appoint commissioners for the same, and for other purposes, approved October 24th, 1870, be, and the same is, hereby amended by adding thereto the following as an additional section: That the said mayor and council shall have full power and authority to enter upon and take private property within the limits of the said town of Blakely for the purpose of opening, laying out and improving new streets, and straightening and widening any street or alley already laid out or in use in said town, and for the purpose of laying sewerage for carrying off water in and around said town whenever it shall become necessary for the good or use of the public; provided , that in all or any case or cases where land may be required for the uses aforesaid, and the same cannot, for want of agreement between the owner or owners of the land and the said mayor and council as to the price thereof, or for any other cause, be purchased from the owner or owners thereof, the same may be taken at a valuation to be made by three freeholders of said town, one of whom shall be appointed by the mayor and council of said town and one by said owner or owners of the land, which two shall appoint a third; and in the event of a failure or refusal of such owner or owners of land to appoint one after five days' notice from the mayor and council, the ordinary of the said county of Early shall at once appoint all three of said freeholders, and the three freeholders appointed, before they act, shall severally take an oath before some officer authorized by law to administer oaths, faithfully

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and impartially to discharge the duties assigned them. In making said valuation the said freeholders shall take into consideration the loss or damages that may occur to the land owner or owners in consequence of the land being taken, and also the benefit and advantage that he, she or they may receive from the establishment, opening up, widening and straightening such street or streets, or on account of such sewerage and drainage, and shall state particularly the nature and amount of each, and the excess of loss or damage or both, over and above the benefit and advantage, shall form the measure of valuation of said land. The proceedings of said freeholders, accompanied with a full description and plot of said land, shall be returned under the hands and seals of said freeholders, or a majority of them, to the mayor and council of Blakely, there to remain on record, and the land shall vest in said mayor and council in fee simple as soon as the valuation thereof is paid or when tendered and refused; provided , that either party may have the right to appeal to a special jury at the ensuing term of the Superior Court, under the laws now governing appeals; provided further , that the progress of work shall not be arrested by such appeal, the mayor and council being required to give bond for the eventual condemnation money, for the payment of all damages that may be assessed by special jury on appeal. Act of Oct. 24, 1870, amended. Condemnation of property for street and sewer purposes. Disputes as to valuation. Assessors. What the assessors shall consider, etc. Returns. Appeal, 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 15, 1891. AMENDING CHARTER OF AUSTELL. No. 445. An Act to amend, consolidate and supersede the several Acts incorporating the town of Austell, in the county of Cobb, to confer additional powers upon the corporate authorities thereof, and to otherwise amend the charter of said town, and for other purposes. SECTION I. The General Assembly of the State of Georgia do enact, That from and after the passage of this Act the several Acts incorporating the town of Austell, in the county of Cobb, as well as the various Acts amendatory thereof, be, and the same are, hereby amended, superseded and consolidated;

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that the town of Austell shall continue to exist, but from and after the passage of this Act the charter of said town shall be and read as contained in the foregoing and following several sections. Several Acts incorporating Austell amended, superseded and consolidated. SEC. II. Be it further enacted, That the said town of Austell is hereby incorporated and the inhabitants of the territory hereinafter designated are made a body corporate, and the municipal government of the town of Austell, in the county of Cobb, and State of Georgia, shall be vested in a mayor and five councilmen, who are hereby constituted a body corporate, as the mayor and council of the town of Austell, and by that name shall succeed to the rights and privileges of the present corporation of the town of Austell. The present mayor and council of the town of Austell, as now constituted, shall be mayor and council of said town as provided in this charter, and shall have as such mayor and council all the powers and privileges granted to the mayor and council under this charter until the second Monday of January, 1892, when a new mayor and council shall be elected as below provided. Municipal government. Corporate name, etc. Temporary government. SEC. III. Be it further enacted, That said municipal government shall have perpetual power and succession, and shall have power and authority to make, from time to time, such by-laws, ordinances, rules and regulations as shall appear to them necessary and proper for the good government of the said town and the inhabitants thereof, and for preserving the health, business and good order of the same, and shall have power and authority in and by said name to contract and be contracted with, and all other powers and privileges granted to municipal corporations by the general law, shall hold all property, real and personal, now belonging to the said town, and shall have the power to receive, by gift or purchase or otherwise, such other real or personal property within and out of the limits of said town, as may hereafter be deemed necessary or proper for corporate purposes. All ordinances, rules and regulations hereafter adopted in said town, and now in force therein, shall continue in operation under this new charter until the same are repealed, amended or codified by the said mayor and council; provided , the same are not in conflict with the provisions of this Act. General corporate powers. SEC. IV. Be it further enacted, That the corporate limits of said town shall be as follows: The corporate limits of said town shall extend one-half mile from the depot occupied by the Georgia Pacific and the East Tennessee, Virginia and Georgia Railways in each direction; that is to state that the limits

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shall commence at the center of the depot aforesaid, and extend one-half mile north, east, south and west; provided always , that no part of the county of Douglas shall be embraced or included within the corporate limits of said town, and the said town shall be in and wholly confined to the said county of Cobb. Corporate limits. SEC. V. Be it further enacted, That an election under this charter shall be held at such place as the mayor and council may direct or designate in said town, on the first Monday in January, 1892, and on the first Monday of January each year thereafter, for a mayor and five councilmen, who shall hold their offices one year, or until their successors are duly elected and qualified, and should the election fail to be held in said town from any cause whatever, or should a vacancy occur, the mayor or mayor pro tem. of said town shall order an election held in said town for mayor or councilmen, or mayor and councilmen, as the case may be, by posting notices in three or more public places in said town. Said notices shall be posted ten days before said election; provided, however , that should any office become vacant within sixty days of current annual municipal election, the mayor and council shall, by election themselves, fill such vacancies. Elections for mayor and councilmen, etc. SEC. VI. Be it further enacted, That the superintendents all municipal elections shall be appointed by the old or retiring council, and all said elections that under this Act may be held shall be held according to parts 1, 2, 3, 4, 6 and 7 of section 1288 of the Code of 1882 of this State, and said parts of said section of said Code are hereby made applicable to said elections, and are hereby adopted as part of this charter. Superintendents of said elections shall make returns to the said council of the said town as soon as the same can be decided, and the mayor and council shall declare the result of said elections and determine all contests in said elections. The superintendents of said elections shall be three freeholders within the corporate limits of said town. The said superintendents shall take and subscribe to an oath for the true performance of their duty as such, and shall have all the powers extended to superintendents of the city and county elections in this State. Regulations as to elections. SEC. VII. Be it further enacted, That any person who shall vote at any town election, when he has not resided in this State one year, and in Cobb county six months, and in the town of Austell sixty days next preceding the election at which he voted, or who shall vote at such election who has not paid

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all taxes, fines and taxes in lieu of street duty, which he has an opportunity of doing agreeable to law, or who has been convicted in this State of any crime involving moral turpitude, punishable in this State by imprisonment in the penitentiary, unless pardoned, and who shall buy or sell a vote, shall be guilty of a misdemeanor and on conviction in any court in Cobb county having jurisdiction shall be punished as prescribed in section 4310 of the Code of Georgia, 1882. Illegal voting. SEC. VIII. Be it further enacted, That upon the election of mayor and council in January of each year, they shall elect a treasurer, clerk and marshal, and such other officers and agents as they may see fit, and the present clerk, treasurer and marshal shall, until the election of mayor and council in January, 1892, perform all the duties of clerk, treasurer and marshal, as provided in this charter, and until their successors are elected by the mayor and council to be elected in January, 1892. The taxes and other revenues of said town shall be collected and expended under the present charter and ordinances of said town until the first Monday in January, 1892, and after said time they shall be collected and expended as provided in this charter and the laws and ordinances thereunder. Subordinate officers. Revenues to be collected and expended under present charter, etc., until Jan. 1892, and then under this Act, etc. SEC. IX. Be it further enacted, That the mayor and council of said town shall have special power and authority to lay off, open new streets, close, alter or widen and keep in good order and repair all streets and alleys, sewers and gutters, for the use of the public, or any citizen of said town, and to improve and light the same. Said mayor and council shall have further authority to abate nuisances, prevent cattle from running at large, regulate the keeping and selling of gunpowder, kerosene and other combustible and hazardous articles of merchandise, to guard against danger and damage by fire; to regulate the running and management of steam engines or locomotives, and all other sorts of vehicles; to provide and improve public parks; to provide places for the burial of the dead, and to establish a town chain-gang; to provide a revenue for the city, and appropriate it to its use; to levy special taxes on all professions or business carried on in said city, and to establish and maintain public schools in said town and to levy a tax to meet the expenses thereof. General municipal powers. Special taxes. Public schools. SEC. X. Be it further enacted, That the mayor and council shall have authority to grant licenses for public wagons or other vehieles, which transport passengers and freight throughout the city, and to provide fees for such licenses, and to levy and collect special tax from all persons carrying on their profession,

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business or trade in said city, and they shall have power to levy and collect, by execution or other legal process, taxes upon all other property, both real and personal, in said town, not to exceed one per cent. upon the value of the said property. Public vehicles. Business tax. Ad valorem tax. SEC. XI. Be it further enacted, That said mayor and council may appoint such other officers as may be necessary to assist the marshal to preserve the good order and peace of the town, and shall provide and take such bonds from all officers as shall be necessary for the faithful performance of their duty. Said mayor and council shall have authority to appoint a tax-assessor or assessors to assess all taxable property of said town, and perform such other services as may be required in connection with such office, and may require the citizens of said town to return their taxable property to the town clerk, who may be tax-receiver for said town. Said mayor and council may have power to discharge any officer from the service of the town for neglect of duty, incompetency or other good cause. Nothing in this Act shall prevent any councilman or any officer appointed by the mayor and council from being a tax-assessor of said town. Police. Official bonds. Tax assessors. Tax returns. Removal from office. Town officers may be tax-assessors. SEC. XII. Be it further enacted, That the mayor of said town may hold police courts to try offenders for violating the ordinances of said town, and may punish violators of the same by fine not to exceed one hundred dollars, imprisonment not to exceed thirty days, to work on the streets of said town in the chain-gang of said town not to exceed sixty days, and any one or all of these punishments may be ordered in the discretion of the said mayor, and when sitting as a court said mayor may fine for contempt not exceeding ten dollars ($10) or imprisonment not exceeding five (5) days for such contempt. Police court. Punishment of offenders. Contempt. SEC. XIII. Be it further enacted, That the marshal of said town may arrest any person violating the ordinances of said town, and bring the offender before the mayor for trial, and may summon any citizen of said town as a posse to assist in such arrest. When such offender is arrested by the marshal, he may be held until the final trial of the case, and to that end may be imprisoned, unless he gives good bond and security for his appearance at such trial, such bond to be approved by the mayor. If such bond be given and the accused fail to appear, the bond may be forfeited by the mayor, and an execution issued thereof by serving the defendant and his securities, if the defendant be found, and if not the securities only, with a rule nisi at least five days before the time for hearing such rule, to be signed by the clerk of the council. Arrests, detention, etc., of offenders. Appearance bonds.

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SEC. XIV. Be it further enacted, That all taxes and assessments required by this Act shall be enforced by execution. All writs, provisions and subp[oelig]nas shall be directed to the marshal of said town, and shall be signed in the same manner as executions. All executions issued by said town for the collection of taxes, licenses and fines of offenders, etc., shall be directed to the marshal signed by the clerk of the council, and all sales by the marshal of said town shall be advertised, if personal property, by posting said advertisements in three of the most public places of the said town for ten days before the sale, and if real estate the marshal shall advertise the same once a week in the public gazette in which the advertising is done by the sheriff of the county, and shall sell the real estate at the first of the month within the legal hours for sheriff's sales. When a claim or illegality may be interposed the marshal shall, in a case of personal property, return the same to the Justice Court of the district in which said town is situated for trial, unless the amount exceeds the jurisdiction of the said court, when the same shall be returned to the Superior Court of Cobb county for trial, as in other cases of claims or illegality, and in the case of real estate the claim or illegality shall be returned to the Superior Court of Cobb county. Tax executions. Writs, processes, etc. Advertisements and sales. Claims or illegalities. SEC. XV. Be it further enacted, That whenever the mayor and council shall require a vocation tax or business license, the same shall be paid, or such license taken out at such times as the mayor and council may direct, and they may punish, by fine not to exceed fifty dollars or imprisonment or work on the streets in the town chain-gang not to exceed sixty days, all persons convicted who carry on a business in said city without a license, said license at the option of the mayor and council be fixed for a period of one year, or a fractional part thereof. Payment, etc., of business tax. SEC. XVI. Be it further enacted, That there shall be a lien on all real estate and personal property within said town for the tax assessed thereon, and for all other fines and penalties imposed upon the owners thereof by the authorities of said town from the time they are assessed, which shall have priority over all other liens, execept liens of the State and county. Lien for taxes, fines, etc. SEC. XVII. Be it further enacted, That the tax-assessor or assessors for said town shall assess the current market value of all property, real or personal, in the corporate limits of said town and turn over such assessments to the mayor and council at their regular meeting in May of each year, and should any owner be dissatisfied upon the assessment or valuation of their

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property by assessor or assessors, he shall have the right within ten days to appeal from said assessment to the mayor and council, and to aid said assessor in making said assessment each citizen shall, twenty days before the regular meeting in May of each year, make a return on oath to said assessor or to the town clerk, in case he is tax-receiver and assessor, a written statement under oath of all taxable property that he may own in said town or elsewhere, giving true market value thereof, which return shall be under oath and in writing. Any person failing to make such return shall have his property assessed at double its value, and the assessment here provided for shall be the basis of taxation. Tax assessments. Disputed valuation. Tax returns. Defaulters. SEC. XVIII. Be it further enacted, That said mayor and council shall have the power to take up and impound all cattle running at large in said town, and to make all ordinances which may be deemed necessary for the regulations and control of such animals, and shall have the power to levy a tax on each dog in said town not to exceed one dollar per year. Cattle running at large. Dog tax. SEC. XIX. Be it further enacted, That said mayor and council may select from among their number a mayor pro tem. , who, in the absence, sickness or disqualification of the mayor, shall perform the duties required of the mayor, and in the absence, sickness or disqualification of the mayor and the mayor pro tem. , the majority of the council may elect one of themselves to act as mayor temporarily. Mayor pro tem. SEC. XX. Be it further enacted, That the mayor, or in his place the mayor pro tem. , shall be the chief executive officer of the said town. He shall see that all the laws and ordinances of the town are faithfully executed; shall have the power to convene the council in extra session; shall preside over all meetings of the council, but shall not vote except in case of a tie. It shall be his duty to hold mayor's court as often as it may be necessary for the examination of any offenders that may be reported to him. The compensation of such mayor shall be such as the mayor and council see fit, not to exceed the sum of $100.00 per year. Duties and powers of mayor. Compensation of mayor. SEC. XXI. Be it further enacted, That it shall be the duty of the marshal to collect the town taxes, fines, levies and assessments, and in case the same are not paid within thirty days after they have been placed in his hands for collection execution shall issue therefor and the marshal shall sell in the way and manner prescribed in this Act. Duties of marshal as to collection of taxes, etc. SEC. XXII. Be it further enacted, That the mayor and council shall have the power to require from any male inhabitant

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of said town who has resided in said town ten days, and who is subject to road duty in the State, to work the streets of said town for such time as the mayor may prescribe, or pay a commutation tax, to be paid by such persons in lieu of street work; and the said mayor and council shall have power to enforce obedience to their by-laws and ordinances in this section by fine, imprisonment or work on the etreets in the town chain-gang, as provided in section 12 of this Act. Either or all of said punishment shall be inflicted by the mayor of said town when any person subject to street duty fails or refuses to work the streets after being duly warned to do so by the marshal, or to pay the commutation taxes in case such tax is demanded. Street working and tax. SEC. XXIII. Be it further enacted that the mayor and council shall have full power and authority to establish and enforce a fire limit, and should any one erect or cause to be erected within such fire limit any building or other structure contrary to such ordinance, said mayor and council, after giving five days' notice, shall cause the same to be removed at the expense of the owners of said building or structure, to be collected by execution as in other cases, and should the said owner or owners fail or refuse to pay same within five days' notice, he or she or they may be fined not to exceed $100 or be imprisoned thirty days for each and every day that they fail to regard said notice; and whenever the mayor and council shall exercise power to lay out, open new streets or alleys, or widen or otherwise change the streets or alleys of the said town under this Act, they can appoint two freeholders, and the owner or owners of the lands fronting on the streets or alleys, or through which such new streets or alleys are to be opened, shall, on five days' notice, appoint two stockholders, who shall assess the damage sustained by the owner or owners of the said lots; and in case said assessors cannot agree, they shall select a fifth freeholder as umpire; said assessors to take an oath that they will faithfully perform their duty, and either party to have a right to appeal to the Superior Court of Cobb county, within ten days from said award; if no appeal, the award to be binding between the parties. Fire limits. Condemnation of property for street purposes. Appeals, etc. SEC. XXIV. Be it further enacted, That the said mayor and council shall have the power and authority to control the sale of vinous, malt or intoxicating liquors in said town, and to grant a license to each dealer in same in said town; to fix a fee for said license, and to impose penalties upon any person selling such liquors in said town without such license; and

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said dealers shall also comply with the law and be bound by an oath; provided , no license shall be granted to any one so long as the prohibition law is in force in Cobb county. Sales of liquors. SEC. XXV. Be it further enacted, That all laws and parts of laws inconsistent with this Act be, and the same are, hereby repealed. Approved September 15, 1891. INCORPORATING CITY OF HAPEVILLE. No. 448. An Act to incorporate the city of Hapeville, Georgia, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That the people of the territory heretofore known as the town of Hapeville, in the county of Fulton, the boundaries of which are hereinafter defined, are hereby constituted a body politic and corporate, under the name and style of the city of Hapeville, with the power to govern themselves by such orders, ordinances or resolutions as they may deem proper, not in conflict with the Constitution or laws of this State, and by said name and style shall have perpetual succession; shall have and use a common seal; shall have power to contract and be contracted with, sue and be sued, plead and be impleaded in all of the courts of this State, and to do all other Acts necessary to its corporate capacity and existence, and shall be able in law and equity to purchase, receive, have, hold, possess and enjoy and use and convey any property real or personal, for the use and benefit of said corporation; also to use, manage and improve, rent or lease any property which may be acquired by said city of Hapeville. City of Hapeville incorporated. Corporate name and general powers. SEC. II. Be it further enacted, That the corporate limits or boundaries of said city shall be four straight lines, each one mile in length, which shall inclose one square mile, two of said lines being parallel to the main tracks of the Central Railroad of Georgia, and the other two at right angles thereto, and the exact location of said square mile shall be determined, located and governed by a central point; said central point shall be the center of said square mile, and is located and described as a point in the center of the Central Railroad of Georgia, main track, nearest Hapeville depot, and exactly opposite the center of the said depot. For police and sanitary purposes and the abatement of nuisances the authority of the said city shall extend one-half mile beyond the limits here named in every direction. Corporate limits. SEC. III. The legislative department of said city shall consist of a mayor and five councilmen. Legislative department. SEC. IV. Elections for the offices of mayor and councilmen for said city of Hapeville shall be held at such times and places in

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said city as hereinafter provided. The hour for opening the places at such elections shall be 7 o'clock A. M., and the polls shall be kept open from that time till 3 o'clock P. M., and said mayor and council are hereby authorized to fix and alter the time and place of holding such elections as they deem proper. All male citizens of said city, qualified to vote for members of the General Assembly, who shall have paid all taxes required by said city during their residence therein, and who shall have actually resided in said city continuously for at least three months, and who shall have complied with all requirements of said city as to their qualifications as voters, shall be entitled to vote at such elections for mayor and councilmen, or at any municipal election in said city. The mayor and council shall have power and authority to provide for the registration of voters prior to any municipal election, and make all needful rules and regulations for the same, and to require that no person be permitted to vote unless registered. Elections for mayor and councilmen, etc. Registration of voters. SEC. V. Elections shall be held by three supervisors or managers, composed of a justice of the peace and two freeholders, residents of said city, or in the absence of a justice of the peace, by three freeholders, residents of said city, all of whom, before any election, shall be appointed by the mayor and council, but in case of a failure to make such appointment, a justice of the peace and two freeholders, or three freeholders, qualified as above, may hold any election. Election managers. SEC. VI. Each of said supervisors or managers shall, before entering upon said duties, take an oath before some person authorized to administer oaths, or in the absence of such person shall administer the oath to each other, to faithfully and impartially conduct said election and prevent illegal voting. If they have any doubt of the qualification of any one offering to vote, they shall administer an oath to such person touching his qualification; and any one who shall in such case swear falsely shall be guilty of the offence of false swearing and perjury and be liable to indictment, and on conviction shall suffer the pains and penalties prescribed for such offence; and any person voting or attempting to vote more than once, or in violation of this Act or any law of this State or ordinance of said city providing for elections in said city, shall be guilty of a misdemeanor, and, upon indictment or accusation and conviction shall be punished as provided in section 4310 of the Code of Georgia of 1882. Oath of election managers. Oath of voters. False swearing. Illegal voting. SEC. VII. Said supervisors or managers shall make returns of elections to the mayor and council of said city, who shall consider the same and declare the result. In elections for mayor and councilmen the persons receiving the highest number of legal votes shall be declared elected, and all cases of contested elections shall be tried before the mayor and council. Election returns, etc. Contested elections. SEC. VIII. If any vacancy shall occur in the office of mayor or any member of council by failure to elect, or by death or resignation, or by removal from office or beyond the city limits, a special election to fill such vacancy shall be ordered by the remaining members of the mayor and council; or in case the mayor and

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council fail or refuse to order such election for thirty days after such vacancy occurs, it may be ordered by any justice of the peace residing in said city upon proper showing made to him under oath. Ten days' notice shall be given of all such special elections by posting notices in at least three conspicuous places in said city, and by advertising the same at least three times in any daily paper having general circulation in Hapeville. Said special elections shall be conducted and managed in the same manner as hereinbefore provided for. Vacancies. SEC. IX. Elections in said city shall be held annually. A special election shall be held within forty days after the passage of this Act, at which a mayor and two councilmen shall be elected to hold office for two years, and three councilmen shall be elected to hold office for one year, or until their successors are elected and qualified. The first annual election shall be held in December, 1892, at which election, and biennially thereafter, three councilmen shall be elected to hold office for two years, or until their successors are elected and qualified, and at the next annual election a mayor and two councilmen shall be elected to hold office until their successors are elected and qualified, and so on, three councilmen being elected one year and the mayor and two councilmen the following year, so that half of the board of mayor and council shall go out of office every year. Elections to be held annually. Special election. Subsequent general elections. SEC. X. The mayor shall be chief executive of said city. He shall, before entering on his duties as such mayor, take an oath to faithfully discharge the duties required of him by law or the ordinances of the city. He shall see that all laws and ordinances of said city are faithfully executed; shall examine, audit and approve all accounts against the city before payment; shall have power to convene the council whenever in his judgment it may be necessary; shall have a salary, which salary shall be fixed by the mayor and council before his term of office begins, and which shall not be changed during his term of office. He shall preside at all meetings of the council, or in his absence a member of the council shall be chosen to preside for the occasion. The mayor or presiding officer shall have no vote at meetings of the council, except in cases of a tie. Duties and powers of mayor. SEC. XI. The mayor, or in his absence any member of the council, shall have power and authority to hold a mayor's court for the trial of offenders against the laws and ordinances of said city, and impose such penalties as may be prescribed by ordinance, not exceeding a fine of five hundred dollars, or labor on the public works not exceeding ninety days, or by fine and imprisonment, or fine and labor on the public works. Any person being dissatisfied with the decision of said court shall have the right to appeal to the full board of mayor and council by paying costs and giving sufficient security for their appearance and the eventual condemnation money, or by appealing in former pauperis , as provided by the laws of the State of Georgia in such cases, which appeal shall be entered within four days, and shall operate as a supersedeas of the execution

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till the case is disposed of, which shall be at the next succeeding meeting of the council, unless continued upon legal showing. Mayor's court. Punishment of offenders. Appeals. SEC. XII. The mayor shall be to all intents and purposes a Justice of the Peace, so far as to enable him to issue warrants for offences committed within the corporate limits of said city, which warrants shall be executed by the marshal on any policeman of said city, and commit offenders to the jail of the county of Fulton, or admit them to bail for their appearance at next Superior Court thereafter for the county of Fulton. It shall be the duty of the jailer of said county to receive all such persons so committed and to safely keep the same until discharged by due course of law. Mayor ex officio justice of the peace. Arrests, commitments, etc. SEC. XIII. The said mayor shall have the revision of all ordinances, orders or resolutions passed by the council. He shall have four days after the same shall have been passed by the council in which to file in writing with the clerk of the council his dissent; but the council at the next meeting thereafter shall have power to pass such ordinances, orders or resolutions, notwithstanding such veto, by a two-thirds' vote, to be taken by yeas and nays, and entered upon the minutes. Veto powers, etc. SEC. XIV. Each councilman shall, before entering upon his duties, take an oath faithfully and to the utmost of his ability to discharge the duties of his office during his continuance therein. Official oath of councilmen. SEC. XV. Each councilman shall have such compensation for his services as shall have been fixed by the mayor and council before his term of office begins, which shall not be changed while he continues in office. Compensation of councilmen. SEC. XVI. A majority of said mayor and council shall be a quorum for the transaction of business, but a less number may adjourn from time to time, and it shall be their duty to compel the attendance of absentees. Quorum of council. Attendance of councilmen. SEC. XVII. The regular meetings of the mayor and council shall be held on the first Tuesday in each month, at such hour and place as the council shall agree upon, and may adjourn from day to day or to any other time, as they may see proper. Council meetings. SEC. XVIII. Each member of the council shall have the same power and authority as conferred on the mayor as provided in section 12 of this Act. Councilmen ex officio justices of the peace. SEC. XIX. It shall not be lawful for the mayor or any member of the council to be interested, either directly or indirectly, in any contract with the city, or any public work or improvements, or in furnishing supplies of any kind for the use of said city, or in any transaction in any way involving the expenditure of the money of the city. Any violation of this section shall constitute a misdemeanor, and the mayor or any member of council who shall be convicted thereof shall be punished as prescribed in section 4310 of the Code of this State. Mayor or councilmen may not be interested in city contracts, etc. Penalty. SEC. XX. For the purpose of raising money to support and maintain and meet the expenses of the city government, the mayor and council shall have power and authority to levy and collect a street tax on all male residents of said city, between the ages of twenty-one

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and fifty years; and an ad valorem tax on all property, both real and personal, owned, held or possessed in said city, subject to taxation under the laws of this State, said ad valorem tax not to exceed one-half of one per cent. of the value of said property; provided , that if, at any time for any special purpose said mayor and council shall consider it expedient to levy and collect a greater percentage of tax than one-half of one per cent. upon the property in said city, they may submit the tax rate so desired or proposed (not to exceed one per cent.) to the voters of said city, to be determined by an election held for that purpose, for which election said mayor and council shall make provision; and if a majority in number of said voters, who shall also represent a majority in value of the taxable property owned by residents in the city, as assessed and returned, shall by ballot give their consent to such proposed rate of taxation, the said mayor and council shall have power to levy and collect said tax. Street tax. Ad valorem tax. Election as to increase of tax rate. SEC. XXI. The mayor and council shall provide by ordinance for the assessment of real property, and the return under oath to the clerk of the council of all personal property and the value thereof, and for levy and collection of the ad valorem tax before mentioned. All assessments on real property shall be uniform, and made at the cash market value. Tax assessments, returns, etc. SEC. XXII. The said mayor and council shall have full power and authority to require any person, firm, company or corporation engaged in, prosecuting or carrying on, or who may engage in, prosecute or carry on, any trade, business, calling, avocation or profession within the corporate limits of said city, to register their names and business, calling, vocation or profession annually; and to require such person, company or association, to pay for such registration and for license to engage in, prosecute or carry on such business calling or profession aforesaid, not exceeding twenty-five dollars per annum. They may, by ordinance, grant, or refuse to grant, licenses to theatrical companies or performances or shows, or other exhibitions, pawnbrokers, peddlers and itinerant traders; and the mayor or mayor and council shall have power at any time to revoke the license so granted to any person or firm. The price to be payed for such license shall be fixed by ordinance, to be changed at pleasure. Business registry and taxation. SEC. XXIII. The mayor and council shall have power to issue bonds, or otherwise contract any debt of said city, not to exceed the constitutional limitation, to supply water or sewerage or gas or other methods for supplying light for the city and the people thereof; but neither of these measures shall be undertaken without first submitting the same to the voters of the city, and obtaining the consent of a two-thirds in number, who must also represent a majority in value of the taxable property owned by residents in said city, at an election to be held for such purpose in the manner provided in section 20 of this Act. Power to issue bonds, etc. for water, sewers or lights. If authorized by popular vote. SEC. XXIV. Said mayor and council shall have power to adopt measures for the preservation of the health of the people of the city and the regulation or abatement of butcher or stock-pens or yards,

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slaughter-houses, ponds or for the abatement of nuisances of any kind; and to punish all persons who shall make or permit any nuisances on their premises or within the city, and to make such sanitary and police regulations as they may deem necessary, which do not contravene the legal rights of any person in said city. Health regulations nuisances, etc. SEC. XXV. The mayor and council of said city shall have power to establish and maintain public schools, the cost of which to be paid out of the city treasury, as may be prescribed by ordinance. Said public schools shall be free to all children of school age residing in said city; provided , that until a public school or schools shall be established by said mayor and council they may appropriate from year to year such part of the taxes as they may deem necessary to assist in the support and maintenance of such schools as they may select in said city. Public schools. SEC. XXVI. The mayor and council shall elect annually a clerk, treasurer, marshal and attorney for the city, who shall hold office for one year, or until their successors are elected and qualified, unless removed for cause by the mayor and council, to be judged of by them; and said mayor and council may suspend said officers and appoint others to fill their places temporarily during the investigation of any charges when they think proper. Said clerk, treasurer and marshal shall give bond for the faithful performance of their duties; said duties and the bonds required to be fixed and judged of by the mayor and council. Before entering on their duties they shall take an oath as prescribed for the mayor and members of council. The clerk shall keep such records and perform such duties as may be required of him, and shall issue all licenses and all fi. fas. for the collection of money on any account whatever under the direction of the mayor and council. The treasurer shall keep such records and perform such duties as may be required of him by the mayor and council. The marshal shall preserve the peace of the city, and shall have power to arrest any person who is disorderly or commits any offence against the laws of said city or any crime; shall levy and collect all fi. fas. issued by the clerk, and shall advertise and sell property levied on by virtue of any fi. fas. issued, such sale to be advertised once a week for four weeks previous to such sale in some newspaper having general circulation in said city, and by posting notices in at least three conspicuous places in said city; shall make title to purchasers of property so sold and put them in possession thereof under the rules which govern sheriffs and their deputies in such cases; shall have all the power of a sheriff or constable in executing the ordinances and judgments of the mayor and council and processes of the clerk, shall immediately turn over all money collected by him to the treasurer; shall superintend the working of the streets and shall perform any duties required of him by the mayor and council. The attorney shall take an oath to perform faithfully and to the best of his ability such legal services as may be required of him, and he shall receive such fees or compensation for services as may be prescribed by the mayor and council. The mayor and council shall have power to appoint one or more city physicians, as they may

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deem necessary, for the proper treatment of the poor of the city under such rules and for such compensation as the mayor and council may prescribe; their compensation to be fixed before entering upon their duties, and not to be changed while they hold said office; their services to be discontinued at any time, as the mayor and council may deem advisable. The duties of each of these officers shall be prescribed by ordinance, order or resolution in the nature thereof. The election of these officers, except that of city physician, shall take place at the first meeting of the mayor and council in January of each year, or at any subsequent meeting in case of a failure to elect at that time, and shall hold their offices till the first meeting of the said mayor and council in January following, or until their successors are elected and qualified. The election of city physician shall be held at any time said mayor and council shall think proper. The clerk, treasurer and marshal shall receive such salaries for their services as the mayor and council shall fix before entering upon their duties, which shall neither be increased nor diminished during their term of office. Said mayor and council shall have power to appoint policemen, should they deem it necessary, either for service on special occasions or permanently; their compensation to be fixed and their duties to be prescribed by the mayor and council. Such policemen shall have all the power of a constable or of the marshal of said city in making arrests or in enforcing the ordinances or judgments of the mayor and council, and shall perform any service required of them. All officers of the city shall receive a salary or per diem as compensation for services rendered. All fees or fines collected shall be paid into the city treasury, and no officer shall receive any fee or perquisite or any compensation whatever except the salary or the per diem fixed by the mayor and council. The mayor and council may, in their discretion, require the same person to discharge the offices of clerk and treasurer, or separate the two offices, and elect one person to fill each office whenever they may deem it proper. Subordinate officers. Official bonds. Oath. Clerk. Treasurer. Marshal. Attorney. City physicians, etc. Election and term of officers. Salaries of clerk, treasurer and marshal. Policemen. Compensation of officers, etc. Same person may be clerk and treasurer. SEC. XXVII. The mayor and council shall have full authority and jurisdiction over the streets of the city as they were located and established before this Act of incorporation, and shall have power to open any street which may have been unlawfully closed or obstructed; and it shall be their duty to keep open and in reasonably safe and proper condition all streets now lawfully open. They shall have full power and authority, and it is hereby made their duty, to open any street that is encroached upon at the expense of any person or persons encroaching or putting obstructions in or impeding travel over or through any street or alley open to the public, with any buildings, fences, posts, steps, landmarks or any impediment by removing the same, after giving one day's notice to remove or abate such encroachment, impediment or obstruction. Streets. SEC. XXVIII. The mayor and council shall have full power to open or lay out new streets and alleys, and to widen, straighten or otherwise change any of the streets and alleys in said city. Whenever they exercise this power they shall appoint two freeholders,

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and the owner or owners of the lots bordering on or fronting on or through which such new streets or alleys are to be opened shall select two freeholders; or if such owner or owners refuse or fail to select two freeholders to represent them for five days after being notified to do so, then the mayor and council shall have power and authority to select two freeholders to act for them, and the four shall assess the damages sustained or the benefits derived by such owner or owners, in consequence of such opening, widening or straightening or otherwise changing such streets or alleys. In case the said four freeholders cannot agree, they shall select a fifth freeholder to act with them, and a majority of the five shall determine the award of such assessors. Such freeholders shall be residents of said city. They shall take an oath to faithfully and impartially discharge their duty, and shall file their award with the clerk of the council, which shall be binding on both parties; but either party shall have the right of appeal therefrom to the Superior Court of Fulton county within ten days from the rendition of such award, and such award against the owner or owners of such lot or lots, when it becomes final, shall be enforced and collected in the same manner as taxes by execution. Opening and changing streets, etc. Condemnation of property for street purposes. SEC. XXIX. Said mayor and council shall have power and authority to order any property owner to put down in front of his property such curbing of sidewalks, or such paving of sidewalks or gutters as they may deem proper; notice of which shall be served upon said owner, requiring such work to be done within thirty days from the date of such notice; and upon the failure of any property owner to comply with such order within said time, said mayor and council may have the same done and collect the expense thereof from such owner; and in case the same is not paid within thirty days after demand, the collection thereof may be enforced by execution against the lands, goods or chattels of such owner. Sidewalks. SEC. XXX. Said mayor and council shall have power and authority to establish and carry into effect a system of grading and draining the streets and public alleys as they may deem best, and to make the same permanent. Any person whose property is damaged more than it is benefited by the grading of any street or sidewalk may, upon application to the clerk of council in writing, have the amount of such damage determined by the award of assessors in the same manner as set forth in section 28 of this Act, at any time within thirty days after such grading shall have been commenced or finished, and both parties shall have the right to appeal as therein set forth. Any award in such case, when it becomes final, shall be enforced and collected by execution of the same, as provided by law in the case of other executions. After the grade of any street or public alley is once fixed and the owners of land abutting thereon shall have accepted the same, either in writing or by making improvements thereon, if the mayor and council desire to change the same, it shall be done by assessments of freeholders, as provided for opening or otherwise changing streets and alleys in section 28 of this Act. Grading and drainage of streets and alleys.

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SEC. XXXI. Any person owning land in said city and desiring to improve the same shall have the right to require said mayor and council to permanently establish the grade of the street or public alley on which his land borders or abuts, by making application in writing to said mayor and council describing the property to be improved, and a copy of the grade bordering or abutting on his property shall be furnished him, and he may record the same in the deed records of the clerk of the Superior Court of Fulton county. When the grade of any street or public alley or any part thereof is once established, it shall become a vested right to the owner or owners of any land bordering or abutting on the same, who shall be entitled to recover damages from the city for any injury done to his or their property should the city thereafter change the grade, the amount of damages to be ascertained and recovered as provided for laying out new streets or otherwise changing them in section 28 of this Act. Land owners may require grade to be established. Grade once established is a vested right. SEC. XXXII. Whenever said mayor and council shall deem it proper to establish a system of sewerage for said city, they shall have full power and authority to locate any sewer in any street or alley in said city, or through the land of any person, as they may deem proper; but the owner or owners of any land through which a sewer is constructed which may be injured thereby shall be entitled to damages, to be ascertained and recovered by assessment as provided in section 28 of this Act. The cost of constructing said system of sewerage or any part thereof shall be paid by said city, or by assessment on the lands benefited and for whose use said sewers are built, or by both, as the mayor and council may hereafter find to be fair, just and equitable. The amount thus assessed upon the land shall be a lien on the same from the passage of the ordinance providing for the making of such sewers, the collection of which shall be enforced by execution issued by the clerk of the council. Should the mayor and council at any time deem it advisable to supply said city and the people thereof with water, or with gas or other method of furnishing light for the city and the people thereof, they shall have full power, after having complied with the requirements of section 23 of this Act, to adopt such measures as they may think best for either or both of these purposes, and supply water or light, or both, to the people, under such rules and regulations and on such conditions as they may provide by ordinance. Sewerage. Payment of cost of construction, etc. Water and lights. SEC. XXXIII. Said mayor and council, when they deem it necessary, shall have power and authority to pave any street or public alley in said city with such material and in such manner as they may direct, the city to sustain one-third of the expense of such work (excepting that to be paid by the street car companies as provided for herein), and the remaining two-thirds to be done at the expense of owners of land bordering or abutting on the same by assessment thereon according to the frontage thereof, the collection of such assessment to be enforced by execution, as hereinbefore provided. Any street railroad running in said city shall be required to pave the width of their track and three feet each side

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thereof, as the city may direct, and in case of failure to do such work for thirty days after serving the agent or other person in charge of said road with notice of said requirement, the mayor and council may do the work and collect the cost thereof from such street railroad by execution, as hereinbefore provided. Street paving. Street railroads. SEC. XXXIV. All warrants, summonses, receipts, executions or other processes shall be issued by the clerk of the council directed to the marshal of the city. Warrants, processes, etc. SEC. XXXV. The mayor and council shall not be liable to pay any insolvent executions or costs except upon such terms and regulations as they may prescribe. Insolvent executions or costs. SEC. XXXVI. The mayor and council shall have full power and authority to compel the attendance of parties and witnesses at the mayor's courts and meetings of the mayor and council, and for this purpose may take such bonds and such security as they may require, and to forfeit and collect such bonds by judgment, execution and sale the same as the Superior Courts of the State, and shall provide for the same by ordinance. Attendance of parties and witnesses. SEC. XXXVII. Said mayor and council shall establish a bill of fees and costs not higher than the fees and costs allowed county officers, nor lower than those allowed justices of the peace and constables in the State. Fee bill. SEC. XXXVIII. The said mayor and council shall have the sole right to try all impeachments. When sitting for the purpose they shall be under oath or affirmation. When the mayor is tried the judge of the City Court of Atlanta or any judge of the Superior Court in this State shall preside, and no person shall be convicted without the concurrence of two-thirds of the members present, and judgment shall not extend further than removal from and disqualification to hold any office of honor, trust or profit in the city of Hapeville; but any party so convicted shall be liable to indictment and trial and upon conviction shall be punished as prescribed by law. Impeachments. SEC. XXXIX. Any officer of said city who may be sued or prosecuted for any act done in his official capacity may justify under this charter. Officer may justify under this charter. SEC. XL. Said mayor and council shall have full power and authority so condemn and take either real or personal property for public use when the same is necessary to carry out any of the objects of this charter or any future amendments thereof. This power shall be exercised in the same manner as provided in section 28 of this Act. Condemnation of private property for public use. SEC. XLI. Said mayor and council shall have power by ordinance to appropriate money for the relief of the poor and for charitable purposes as they may deem proper. Appropriations for relief. SEC. XLII. The manufacture or sale of any spirituous, malt or intoxicating liquors of any kind in said city of Hapeville or within half a mile of its corporate limits is hereby prohibited, and any person violating this provision may be tried before the mayor's court of said city and shall be punished as prescribed in section 11 of this Act, but this provision shall not prohibit the manufacture of domestic

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wine from grapes or berries for family use; provided , it is not sold or offered for sale in said city. Liquors. SEC. XLIII. That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved September 16, 1891. AMENDING CHARTER OF BOWERSVILLE. No. 453. An Act to amend an Act entitled an Act to incorporate the town of Bowersville in the county of Hart, approved September 4, 1883, and to provide for the election of a mayor and four aldermen, and for other purposes. SECTION I. The General Assembly of the State of Georgia do enact, That from and after the passage of this Act, that the charter of the town of Bowersville, the caption of which is as above recited, the same being approved September 4, 1883, be, and the same is, hereby amended as follows. Act of Sept. 4, 1883, amended. SEC. II. Be it further enacted, That the municipal authorities of the town of Bowersville shall be a mayor and four aldermen, who shall form a common council for said town, but no one shall vote for or be eligible to the office of mayor or alderman who does not reside within the corporate limits thereof, and who is not qualified to vote for members of the General Assembly of this State. Municipal government. Qualifications of voters and officers. SEC. III. Be it further enacted, That the first election for mayor and aldermen under this Act shall be held on the second Monday in January, 1892, and each subsequent annual election thereafter shall be held on the second Monday in January. Said election shall be held by three freeholders of said town, and to be evidenced by certificates of said managers, said certificates to be entered on the records of said town. Said managers before entering upon the duties of managers of said election shall take the following oath before some officer authorized to administer by law, viz.: I do solemnly swear that I will faithfully perform all legal duties required of me as superintendent of this election to best of my knowledge and ability...... And in case an election should not be held by the legal voters aforesaid that then, at any time thereafter, on written notice of the time and place of holding said election posted at the depot door ten days previous to the holding of said election, the citizens of said town may proceed to elect said mayor and four aldermen in the same manner as though the same had been held on the second Monday in January. Elections. SEC. IV. Be it further enacted, That the said mayor and four aldermen, shall, before entering upon the discharge of their duties take the following oath before some judicial officer of this State, or before a member of the retiring board, to-wit: We and each of us do solemnly swear that we will faithfully and impartially discharge

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the duties as mayor and aldermen of the town of Bowersville to the best of our skill and power, so help us God. Official oath. SEC. V. Be it further enacted, That the said mayor and aldermen shall have power and authority to pass all ordinances and by-laws for the government of said town corporation, not in conflict with the Constitution and laws of this State and of the United States. General powers as to ordinances, by-laws, etc. SEC. VI. Be it further enacted, That the mayor and aldermen of the said town shall appoint a marshal and clerk, who shall be treasurer, with such compensation as shall be determined on by said mayor and aldermen, and such other officers as may be necessary to carry this Act into effect. Subordinate officers. SEC. VII. Be it further enacted, That the said mayor and aldermen in their corporate name (as common council for the town of Bowersville) shall have power to sue and be sued, plead and be impleaded, and do all other acts relating to its corporate authority, and shall use and have a common seal, any law to the contrary notwithstanding. General corporate powers. SEC. VIII. Be it further enacted, That the mayor of said town shall have power and authority to try all offenders against the ordinances and by-laws of said town, except when the defendant shall demand a trial before the Board of Aldermen, in which case the said defendant shall be tried by a quorum of said Board of Aldermen. The said mayor shall have authority to preserve order during the trial of the offenders and may fine for contempt, said fine not to exceed ten dollars or to imprison not to exceed ten days. Said mayor shall have the control of the police of said town and may appoint extra police when he deems it necessary to enforce the ordinances of said town. Trial of offenders. Contempts. Police. 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 16, 1891. AMENDING CHARTER OF MOUNT AIRY. No. 464. An Act to amend the Act assented to March 3d, 1874, entitled an Act to incorporate the town of Mount Airy in Habersham county, and to repeal parts of said last mentioned Act. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That the town of Mount Airy, in Habersham county, shall continue to be a body corporate with the name of The mayor and council of Mount Airy, and as such may sue and be sued, and shall have the powers hereinafter granted. Corporate name and general powers. SEC. II. Be it further enacted, That the corporate limits of said town shall be one-half of a mile in every direction from the station of the Atlanta and Charlotte Air-Line Railroad Company, situate in said town. Corporate limits.

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SEC. III. Be it further enacted, That the present municipal officers of said town may hold their respective offices (unless legally removed) until the first Saturday of January, A. D. 1892, on which day, and annually thereafter on the first Saturday in January of each year, an election shall be held in said town for a mayor and five councilmen for said town, whose term of office shall be for one year and until their successors are elected and qualified. Said election may be held by any justice of the peace, or judicial notary of said county and two freeholders of said town, or by the mayor and two councilmen or freeholders of said town who are not candidates for re-election. If said election is not held on the day above designated, it may be held on some subsequent day to be designated by the mayor, of which time he shall give ten days' notice. At such elections all persons shall have the right to vote who are entitled to vote for members of the General Assembly in said county who have resided in said town for so much as ninety days immediately preceding said election. The returns of said election shall be certified to the mayor then in office. Temporary government. Town elections, etc. SEC. IV. Be it further enacted, That the mayor and councilmen-elect, before entering upon the discharge of the duties of office must take an oath well, truly and impartially to discharge the duties of their respective offices. Said oath may be taken by the mayor-elect before the outgoing mayor, or before any justice of the peace or judicial notary public of said county, and the mayor may swear the councilmen. These oaths shall be entered on the minutes of the mayor and council. Oath of office. SEC. V. Be it further enacted, That the mayor and council may at once appoint a marshal, and a clerk of the council and a treasurer for said town, and who shall take a similar oath to the mayor and councilmen. The mayor and council may, by ordinance, prescribe the duties of the marshal and clerk and treasurer, and may require of them bonds in such sum as they may approve, payable to the mayor and councilmen of said town, conditioned for the faithful discharge of the duties of office. Subordinate officers. SEC. VI. Be it further enacted, That the mayor and council may prescribe the compensation of the clerk and marshal and treasurer, and the mayor and council may fix their own compensation for the year 1892, and shall also fix the compensation of the mayor and council for 1893. After 1892 the mayor and council in office for any year shall fix the compensation to be paid to the mayor and council for the succeeding year. Compensation of officers. Of mayor and councilmen. SEC. VII. Be it further enacted, That the mayor and council may levy and collect a tax upon all the real and personal property in said town taxable under the State laws. They may provide for the assessment of the value thereof, or take the valuation from the tax digest of the county. They may provide for the collection of said tax, but they shall not collect a tax of more than thirty cents on the $100.00 valuation of property until such higher rate of tax has been by the mayor and council submitted to a vote of the legal voters of said town and authorized by a majority of the votes cast at an election held for that purpose. Ten days' notice of such election

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shall be given by the mayor, and the rate of taxation and the purpose for which it is needed shall be given in such notice. A tax on property shall be levied and collected but once in each year, and may be made payable at such time (in whole or by installments) as the mayor and council may direct. Executions for unpaid taxes shall be issued by the mayor and levied by the marshal. Sales of personalty may be made by the marshal after notice of the time and place of sale, and a fair description of the property to be sold, posted for ten days at three public places in said town. If the marshal shall levy upon land, he shall return the fi. fa. to the sheriff of said county, who shall advertise and sell such land under the same rules and regulations as control other sales of land by the sheriff, and pay over the proceeds of such sale to the marshal, unless prevented by other claims thereto. There shall be a lien on real and personal estate in said town for all taxes assessed against the owner, and for all penalties and fines imposed upon such owner, from the time such tax is assessed or fines or penalties imposed, superior to all other liens against the same except liens for State and county taxes. Ad valorem tax. Election as to tax rate. Payment of taxes. Tax executions. Advertisements sales, etc. Lien for taxes, fines, etc. SEC. VIII. Be it further enacted, That the mayor and council may, in their discretion, tax all pool tables, billiard tables, nine or ten-pin alleys or any other such contrivance kept or used in said town for profit, in a sum not exceeding the State tax thereon, and may also tax or prohibit all such tables or any other table or device used for gaming, and may prohibit gambling rooms, and may cause to be broken open any suspected rooms for the purpose of ascertaining their true character. Billiard or pool tables, ten-pin alleys, etc. Gambling. SEC. IX. Be it further enacted, That the following sections of the Code of Georgia of 1882 are declared to be of force in said town, except the parts herein stated, and are declared to be part of this Act: Sections seven hundred and eighty-four (784), seven hundred and eighty-five (785), seven hundred and eighty-six (786), except that part of it which authrizes the use of the common jail of said county as a place of imprisonment; section seven hundred and eighty-six a (786a), seven hundred and eighty-six b (786b), seven hundred and eight-six c (786c), section seven hundred and ninety-one (791), section seven hundred and eighty-eight (788), except that part of it following the word alleys, in the eighth line; section seven hundred and ninety-two (792), except that part of it which authorizes the use of the common jail as a place of imprisonment. Certain sections of the Code declared part of this Act. SEC. X. Be it further enacted, That no mayor, councilmen, marshal, clerk or treasurer, or any other officer of said town, shall be a contractor to do any work, or furnish any material to do any work, or for any work, material or services rendered or done for said town, and receive any pay for any such work, material or services, except to receive such salaries as they may be entitled to by law. Any officer of said town who may violate the above provisions shall be deemed guilty of a misdemeanor, and may be prosecuted and convicted therefor and punished under section 4310 of the Code of Georgia of 1882. Officials may not be interested in town contracts, etc.

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SEC. XI. Be it further enacted, That all parts of the Act aforesaid, assented to March 3, 1874, inconsistent with the provisions of this Act, are hereby repealed, and all parts of said Act not inconsistent with this are hereby declared of force in said town of Mount Airy. Parts of Act of March 3, 1874, inconsistent with this Act, repealed, otherwise of force. Approved September 18, 1891. INCORPORATING THE TOWN OF HOSCHTON. No. 477. An Act to incorporate the town of Hoschton, in the county of Jackson, and to prescribe the powers, duties and obligations of the mayor and councilmen thereof, and other officers of said corporation. 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 corporae limits of said town shall extend three, quarters of a mile in every direction from the center of the depot, where it now stands, over which the said mayor and council shall have jurisdiction and establish all municipal laws and regulations necessary to the peace, government, sobriety and good order of the inhabitants of said town and not in conflict with the Constitution of the United States or the Constitution and laws of this State, with power to punish all disorderly persons and all offenders against the peace, good order, morality or sobriety of said town, and to do all lawful acts necessary to maintain good order, peace and sobriety in the same. Corporate limits. General powers as to municipal regulations. Punishment of offenders, etc. SEC. II. Be it further enacted, That the mayor and councilmen of said town of Hoschton are hereby constituted a body corporate, under the name and style of the mayor and council of the town of Hoschton, and by that name shall have perpetual succession; shall have a common seal, and be capable in law and equity to purchase, have, hold and possess, receive and enjoy to themselves and successors, for the use of said town of Hoschton, any estate, real or personal, of whatsoever kind or nature, and by the said name they may sue and be sued, plead and be impleaded, in any court of law or equity in this State. Corporate name and general powers. SEC. III. Be it further enacted, That said town of Hoschton is hereby divided into three wards and numbered, respectively, one, two and three. Ward number one shall be known and designated as follows: All the town southeast of Main street on the west side of First avenue or Railroad street. Ward

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number two shall be known and designated as follows: All the town northwest of Main street on the west side of First avenue or Railroad street and Bell Avenue street. The third ward shall be all that part of the town of Hoschton lying east of First avenue or Railroad street and Bell Avenue street. Wards. Ward one. Ward two. Ward three. SEC. IV. Be it further enacted, That the first election of mayor and six councilmen, two from each ward, shall be held, from and after the passage of this Act, at such time and place within the corporate limits of said town as may be designated and prescribed by any five or more freeholders, citizens and residents within said corporate limits, who shall advertise the same by written or printed advertisements posted for ten days next preceding the day of said election, at five or more public places within said corporation. Said freeholders shall nominate in said advertisements three managers of said election, who shall be residents of said corporate limits, and said managers, before entering on their duties, shall take an oath before any justice of the peace in said county that they will faithfully and impartially conduct said election, prevent all illegal voting, to the best of their ability and power; that all persons qualified to vote for members of the General Assembly in the county of Jackson and who reside within the corporate limits of said town, and who have so resided for thirty days next preceding the day of said election, shall be held and deemed to be electors and duly entitled to vote for said mayor and councilmen; that any elector may challenge any voter offering to vote at said election, and when so challenged, one of the managers shall cause the voter so challenged to take the following oath: I do solemnly swear that I have attained the age of twenty-one years; that I am a citizen of the State of Georgia and have resided for the last thirty days in Hoschton, and that I have paid all taxes legally imposed and demanded of me by the authorities of said State and county and of the town of Hoschton, and that I have done all the work required of me on the streets of Hoschton (or paid tax in lieu thereof), and that I have not voted before during this election, so help me God. Any person voting illegally at said election shall be liable to the same penalties as are prescribed by the laws of this State for illegal voting in the State and county elections. First election for mayor and councilmen. Managers. Qualifications of voters. Challenges. Illegal voting. SEC. V. Be it further enacted, That the persons who shall receive the highest number of votes for mayor and councilmen (provided they are twenty-five years old and reside within said corporation) shall be declared duly elected, and shall be inaugurated and take upon themselves, before any justice of the

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peace of said county, the oath following, to-wit: I, A. B., do solemnly swear that I will well and truly perform the duties of mayor (or member of council) of the town of Hoschton, by adopting such measures as, in my judgment, will best be calculated to promote the general welfare of the inhabitants of the town of Hoschton and the common interests thereof, so help me God, and shall at once enter upon the duties of their respective offices. Result of election. Official oath. SEC. VI. Be it further enacted, That said mayor and councilmen shall hold their offices until the first annual election thereafter, and until their successors are elected and qualified; that the first annual election shall be held on the second Tuesday in December, 1892, and in each and every year thereafter; and the officers then elected shall enter upon their duties at the first regular meeting in January of the following year; that said mayor and councilmen shall designate the place of holding said election, and appoint three freeholders as managers, one from each ward; that the advertisement of the place of holding said election, the names of the managers, the qualification of the managers, their powers and duties, who shall be held and deemed electors, the mode of challenge, together with the rules and regulations as prescribed in section 4 for the first election, shall be observed and enforced in each and every annual election; and said managers shall receive and count the votes polled and declare who are elected, and cause two certified copies of the tally sheets to be made out, one of which shall be handed to the mayor for the time being, and the other retained by said managers; and said mayor being thus informed of the result of said election shall cause the persons elected to be notified of the same, and at the first meeting of the council in January thereafter said persons shall take and subscribe before the outgoing mayor, or any judicial officers authorized by the laws of this State to administer oaths, the oaths hereinbefore prescribed to be taken by the mayor and councilmen, and shall on the same day enter upon the discharge of the duties of their respective offices. Subsequent elections, etc. SEC. VII. Be it further enacted, That it shall be the duty of the mayor and council first elected and immediately after their qualification and inauguration to elect one of their body mayor pro tem. , and in case of any vacancy among the members of council, either by death, resignation, failure to elect, removal from office, or removal from the town or ward, the mayor shall advertise a new election to fill said vacancy; and in case of the death of the mayor, his resignation or removal

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from office, or removal from the town, the council shall order an election to fill the vacancy, in each case giving ten days' notice as prescribed for an annual election. Mayor pro tem. Vacancies. SEC. VIII. Be it further enacted, That in case the mayor or any member of the council, while in office, shall be guilty of any willful neglect of duty, malpractice in office, or abuse of power confided to him, he shall be subject to be indicted before the Superior Court of Jackson county, and on conviction, shall be fined or imprisoned at the discretion of the court, and removal from office; he shall not exercise any of the duties of office pending the Superior Court, and the fine shall be paid to the treasurer of the town of Hoschton for the use of said town. The mayor shall have general supervision and control of the town, its affairs and its officers, and he shall be held responsible for the good management as well as the efficient working of every department of the town government, when not overruled in his actions by a majority of the councilmen. The mayor shall make out and publish in print annually a full report, showing the exact condition of the town in all its financial affairs. This report shall embrace the reports of the treasurer, clerk and receiver. In all cases where a difference of opinion exists among the councilmen upon any question of ordinary business, or in the appointment or election of officers, a majority vote shall rule, and in case of a tie the mayor shall give the casting vote. Neither the mayor nor any member of council shall be accepted as security on any bond of any officer of said town required to give bond; nor on any bail bond of any person for any offence committed in Hoschton. Neither shall the mayor or any councilman be directly or indirectly interested in any contract, office or appointment to be made with or derived from the board, which shall have annexed to it any pecuniary advantage or emolument. The mayor and councilmen shall hold regular meetings at such times as they may designate, and the seat of any councilman shall be declared vacant who misses three regular meetings without a sufficient excuse for such absence, to be rendered to the mayor and council at the fourth regular meeting after such absence began. Malpractice in office, etc. Duties and powers of mayor. Majority vote to govern council. Mayor to vote in case of a tie. Neither mayor nor councilmen can be surety on bonds. Nor can they be interested in any town contract, etc. Meetings of council, etc. SEC. IX. Be it further enacted, That it shall be the duty of the mayor and council first elected and of the mayor and council annually elected thereafter, at their first regular meeting after their qualification and inauguration, to elect a marshal and deputy marshal of said town, to serve for and during the time for which said mayor and council were elected, unless sooner

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removed by said mayor and council for any act or violation of duty, which in their judgment justifies removal, and when any removal is made said council may at any time make a new appointment to fill the vacancy. Marshal and deputy marshal. SEC. X. Be it further enacted, That whenever in the judgment of the mayor and council any additional police force may be required, they may authorize the marshal to employ such police force, and the mayor and council shall pay such force such per diem as they may think right and proper. Policemen. SEC. XI. Be it furthed enacted, That the marshal, deputy marshal and policemen shall, on entering on the discharge of their respective duties, take an oath to faithfully discharge their respective duties, and also to enforce all the provisions of this charter in their power, and also to enforce such ordinances as are in force at the time of their appointment and such as may be afterwards passed during their continuance in office. Oath of marshal, etc. SEC. XII. Be it further enacted, That said mayor and council shall elect a clerk, who shall take an oath, before entering upon his duties, to faithfully discharge all duties required of him, and keep a complete minute of all regular meetings and called sessions of council, to issue all licenses granted by the council, to act as tax-collector when required so to do by council, and such other and further duties as may be now or hereafter required of him. He shall be appointed for the same time as the marshal, and be subject to all the restrictions placed upon the marshal. Clerk. SEC. XIII. Be it further enacted, That a treasurer, three tax-assessors, a tax-receiver and a tax-collector be appointed by the mayor and council, said officers to serve for the same time the council are elected for; provided, however , that they all be subject to all the restrictions placed upon the marshals. Other officers. SEC. XIV. Be it further enacted, That said mayor and council may take such bonds and require such oaths of any and all officers elected or appointed by them as in their opinion is necessary, and when such bonds are violated and the town of Hoschton or any individual damaged by said violation, the party damaged may sue upon such bond or bonds in any court having jurisdiction of said cause, in the name of the mayor and council of the town of Hoschton, for the use of the party damaged. Official bonds and oaths. SEC. XV. Be it further enacted, That the treasurer's duty shall be to receive all moneys paid him from any source due the town of Hoschton, and to pay the same out only on claims that have been examined and audited by the finance committee,

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and that have been passed by council as valid claims. When claims have been thus passed and audited, the mayor shall draw his warrant on the treasurer for the amount, which warrant shall be signed by the mayor, and his signature verified by that of the clerk of council under their corporation seal. Duty of treasurer. SEC. XVI. Be it further enacted, That the treasurer shall keep a book in which he shall keep a correct entry of all receipts, and on the opposite page an entry of all amounts paid out, giving the names of the parties to whom paid, amounts, dates, etc., and he shall always keep all warrants on him by the mayor, and shall at any time make a report to council when they call for it, showing the exact financial status of the town. Treasurer's book. Reports, etc. SEC. XVII. Be it further enacted, That the mayor and council shall appoint annually three assessors, one from each ward, whose duty it shall be under oath, faithfully and impartially, to discharge the duties of their office, to assess at its market value, all the real estate in said town subject to taxation, under the laws of the State, and in case the owner is dissatisfied with the value set upon his property by the assessors, he may appeal to the council, whose decision shall be final. Tax assessors. Disputed valuation. SEC. XVIII. Be it further enacted, That said mayor and council shall appoint a tax-receiver, whose duty it shall be to make returns of the tax-payers of all the personal property of whatever kind that may be taxed in said town. He shall be vested with authority to administer such oaths to tax-payers as may be prescribed by the mayor and council. Tax receivers. SEC. XIX. Be it further enacted, That the mayor and council may, in their discretion, consolidate any two or more of these offices they may appoint or elect, and have the duties of these offices performed by one individual. Consolidation of offices. SEC. XX. Be it further enacted, That the mayor and council may select an attorney-at-law to represent the town in any and all matters where, in their judgment, legal aid is required, and pay said attorney such an amount for his services, as in their judgment may be proper; provided, however , that they may use their discretion about such employment. Town attorney. SEC. XXI. Be it further enacted, That said mayor and council of the town of Hoschton shall have power and authority to levy and collect a tax upon all property, real and personal, within the limits of said town; upon banking and insurance and other capital employed therein; upon salaries and incomes derived from property within the town; provided , that no tax upon real or personal property shall exceed one per cent. of

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the value thereof, except for public improvements and the maintenance of educational institutious, and in no instance, or for no purpose shall said tax ever exceed two per centum . They shall have power to levy and collect a tax upon factors, brokers, vendors of lottery tickets, agents or managers of gift enterprises, shows of all sorts and upon all persons exercising within the town any profession, trade or calling, or any business of any nature whatever; provided , said tax is not in conflict with any of the statutes of this State now of force. Ad valorem tax, etc. Business and special taxes. SEC. XXII. Be it further enacted, That said mayor and council shall have power and authority to issue the bonds or notes, or both, of said town for the purpose of promoting its growth or advancement, and for buying and improving property for educational purposes, and for the maintenance of public schools established and maintained under the direction of the mayor and council of said town; provided , that any debt which may be created for such purpose shall not be in violation of the Constitution, but if created shall be on and after an election held as therein provided. Purposes for which indebtedness may be incured. Must be authorized by popular vote. SEC. XXIII. Be it further enacted, That said mayor and council shall have the sole and exclusive right of granting or refusing licenses for manufacturing, wholesaling or retailing in any manner whatever, spirituous or malt liquors, and no person shall sell by retail any spirituous or malt liquors in said town without first obtaining a license for such privilege, and any person violating this section shall be subject to a penalty on conviction before the mayor, of fine not exceeding one hundred dollars or imprisonment not exceeding twelve months, or work on the streets not exceeding twelve months for each offence. Liquors. SEC. XXIV. Be it further enacted, That said mayor and council shall have power and authority to license all auctioneers and vendue masters, all livery stables, or vehicles all hotels, boarding houses, restaurants, all barber shops, barrooms, billiard tables, ten-pin alleys, fresh meat markets, and all other establishments not herein provided for, and not otherwise taxed; provided , that they may free either or any of such articles, establishments from taxation at their discretion; provided further , that any person selling as auctioneer or vendue master, or keeping a livery stable or vehicles, a hotel, boarding house, restaurant, barber shop, barroom, billiard table, tenpin alley or fresh meat market, without first obtaining and paying a license or being relieved from the same, shall on conviction before the mayor be punished as said mayor and council

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may prescribe by ordinance by them enacted; provided further , that said mayor and council may fix the charges for either or all such licenses. Business licenses. SEC. XXV. Be it further enacted, That said mayor and council shall have full power and authority to lay out and open new streets in any part of the town, and to abolish or alter any street already laid out, and any street that may be discontinued may be sold by them, and whenever said council shall deem it expedient to lay out and open or widen or alter an old street, or open a new street, they shall apply to the owner of the land to be affected, or the agent of said owner, and if said owner or agent shall withhold his or her consent, then said streets may be opened, widened or altered in the manner prescribed by law for laying out and altering public roads, after the same has been reported by the road commissioners, except that the mayor of said town shall act in place of the ordinary, and the marshal shall act in place of the sheriff, and no publication of any notice in a newspaper shall be necessary. Streets. Condemnation of property for street purposes. SEC. XXVI. Be it further enacted, That said mayor and council shall have power to regulate all lanes, alleys, sidewalks, public squares, parks, privies, butcher pens, slaughter houses, livery stables, pumps, cellars, forges, smith shops and other houses and places in said town, and they may remove anything, or have the same removed, if it shall become a nuisance or injurious to the health of the town, when in their opinion said forges or smith shop, or any stove, stove-pipe, furnance or other thing may endanger the town as to fire. They shall annually appoint a committee of three citizens who shall inspect all such nuisances and dangers and report the same to the council for their action. General municipal regulations. SEC. XXVII. Be it further enacted, That in all cases of encroachments upon streets, lanes or alleys in said town, the said mayor and council shall have power to remove the same, upon reasonable notice, or to permit and sanction the same, for a reasonable compensation in money, to be paid into the town treasury; provided , the consent of the property holders immediately affected hereby has been first obtained. Encroachments upon streets, etc. SEC. XXVIII. Be it further enacted, That all streets, alleys, sidewalks, pavements and street crossings shall be under the control and direction of the mayor and council, and they shall have full and complete power and right to direct the mode, manner and style in which all street crossings, sidewalks and pavements shall be constructed, paved or improved; and if any

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property owner, after ten days' notice, fails to comply with the ordinance passed by said mayor and council, in reference to the construction, paving or repair of sidewalks, pavements or street crossings, said mayor and council are hereby authorized and empowered to direct the marshal or his deputy to execute the provisions of said ordinance in reference to sidewalks, pavements and street crossings, at the expense of the owner so refusing or failing to comply with said ordinance; and the said mayor and council are hereby empowered to have issued, levied and collected by execution the said bill of expense against the said property. Sidewalks, pavements crossings, etc. SEC. XXIX. Be it further enacted, That said mayor and council shall have power to cause the owners of lots to drain the same, and all cellars thereon; and when any property holder or his agent shall be required to drain any lot or cellar, and the owner fails or refuses to drain said lot or cellar for as much as five days, the said mayor and council shall require the marshal to have said work done, and the mayor and council are hereby authorized to have an execution issued and levy and collect the bill of expense against the said property so drained. Drainage of lots or cellars. SEC. XXX. Be it further enacted, That said mayor and council shall have power to levy and collect a per capita tax on all the male citizens of said town, between the ages of sixteen and fifty years, liable to road duty, not to exceed the sum of five dollars per annum, for the purpose of working the streets; or they may require the said male citizens to work on the streets as many as seven days in each year; and on failure of any person either to pay the tax or do the work required of him, he shall be forced to work upon the streets not exceeding thirty days, or said mayor and council may have an execution issued against his property, and by levy and sale make the money. Street working and tax. SEC. XXXI. Be it further enacted, That said mayor and council are hereby vested with full power and authority to make and establish such by-laws, rules, ordinances and regulations, as shall appear requisite and necessary for controlling disorderly persons, and for the security, welfare, health, decency and convenience of said town, or for preserving the peace, order and good government of the same; and said mayor and each councilman shall be bound to keep the peace, and shall be ex officio justice of the peace, so far as to enable them to issue warrants for offences committed within the town of Hoschton, and to examine into the offence, and discharge or commit the

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offender or offenders to jail, or bail them if the offence is bailable, to appear before the Superior Court of Jackson county. General powers as to by-laws, etc. Mayor and councilmen ex officio justices of the peace. SEC. XXXII. Be it further enacted, That said mayor, and in his absence or disqualification, the mayor pro tem. , may hold court in said town as often as may be necessary to try offenders, or clear the guard-house; he shall have cognizance of all offences against this charter and the ordinances passed and established thereunder, and may punish by fine not exceeding one hundred dollars, imprisonment not exceeding one month, or by compulsory labor on the streets of the town of Hoschton not exceeding three months. Mayor's court. Punishment of offenders. SEC. XXXIII. Be it further enacted, That the mayor is hereby authorized and empowered to punish any person for contempt of his court, by fine not exceeding twenty dollars or by imprisonment not exceeding one month. Contempts. SEC. XXXIV. Be it further enacted, That the clerk of council of the town of Hoschton shall issue fi. fas. against all persons who fail to pay their taxes within the time prescribed by the mayor and council, and for all amounts due the town of Hoschton, and the costs thereon, and for all unpaid fines and costs, and when such fi. fas. are placed in the hands of the marshal or his deputy he shall forthwith proceed to levy the same upon the property of the parties against whom said fi. fas. are issued, and after advertising said property for thirty days, if personal property, he shall sell said property before the door of the council chamber, between the hours of 10 o'clock A. M. and 4 o'clock P. M., and if land he shall levy and return to the sheriff of Jackson county, and the same shall be advertised and sold under the same rules which govern the sales of such property when sold under justice court fi. fas. Executions for taxes, etc. Levy, advertisement and sale. SEC. XXXV. Be 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 THE TOWN OF LOVEJOY. No. 492. An Act to incorporate the town, Lovejoy, in the county of Clayton, 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

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the following shall be the charter of the town of Lovejoy, in the county of Clayton. Charter of town of Lovejoy. SEC. II. Be it further enacted, That the corporate limits of said town shall extend ([frac34]) three-quarters of a mile from the depot of the Central Railroad at Lovejoy. Corporate limits. SEC. III. Be it further enacted, That the government of said town shall be vested in a mayor and four councilmen, who shall have resided in said town six months or more previous to the election. Town government. SEC. IV. Be it further enacted, That Wm. T. Fulberton is hereby appointed mayor, and Marcellus Hamilton, Wm. W. Grant, J. B. Edwards and G. A. Hill are hereby appointed councilmen of said town of Lovejoy; said mayor and councilmen to hold their office until the first annual election, as hereinafter provided, and until their successors are duly elected and qualified. Temporary mayor and council. SEC. V. Be it further enacted, That on the first Saturday in January, 1892, and annually thereafter on the same day, an election shall be held in said town for mayor and four councilmen, who shall hold their office for the term of one year, and until their successors are elected and qualified, but no one shall vote for or be elegible to the office of mayor or councilmen of said town who is not qualified to vote for members of the General Assembly of the State. Said election shall be held and conducted in the same manner as elections for county officers in this State, and certificates of managers shall be sufficient authority to the persons elected to enter on the discharge of the duties of the offices to which they have been elected. Municipal elections, etc. SEC. VI. Be it further enacted, That before entering upon the discharge of their duties the mayor and councilmen shall subscribe the following oath which may be administered by any person authorized by law of this State to administer oaths: I do solemnly swear that I will faithfully discharge all the duties devolving upon me as mayor (or councilmen, as the case may be) of the town of Lovejoy according to the best of my ability, so help me God. Oath of office. SEC. VII. Be it further enacted, That said mayor and council shall have power and authority to pass all ordinances and by-laws, which they may deem necessary for the good government of said town; provided , they be not repugnant to the Constitution and laws of this State and of the United States. General powers as to ordinances, etc. SEC. VIII. Be it further enacted, That said mayor and council shall have power and authority to levy and collect a tax of not exceeding [unk] of one per cent. upon all property,

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both real and personal, within the corporate limits of said town. They shall also have power to lay out streets and lanes, and require all persons within the corporate limits of said town who are subject to road duty to work on the streets of said town, or they may prescribe a commutation tax in lieu of work on the streets. Ad valorem tax. Street working and tax. SEC. IX. Be it further enacted, That the said mayor and councilmen shall have no power to authorize the sale of spirituous or malt or intoxicating liquors of any kind in said town. Sale of liquor prohibited. SEC. X. Be it further enacted, That said mayor, and if from any cause he fails to act, any two of said councilmen are authorized to try and punish any person charged with violation of any ordinance of said town, and to punish persons proven guilty of such violation by fine not to exceed fifty dollars, or imprisonment not to exceed twenty days. And if any person commit a misdemeanor or felony within the corporate limits of said town, the mayor and councilmen, or the mayor, and a majority of the councilmen, may act as a committing court with the jurisdiction of a Justice of the Peace in such cases under the laws of Georgia, and shall have power to issue a warrant for the apprehension of any such offenders violating public law within the corporate limits of said town of Lovejoy; and this warrant can be served by the marshal of the town, whom the mayor and councilmen have the power to appoint; and on a preliminary hearing may commit the said offender to make his appearance under penalty of a bond to appear before the Superior Court of Clayton county at the next session. Trial and punishment of offenders. Mayor and councilmen may act as committing court. Issue warrants, etc. Take appearance bonds. SEC. XI. Be it further enacted, That said mayor and councilmen be, and they are, hereby vested with full power to prescribe such rules for the collection of taxes, fines and all other moneys due to said corporation, and for the enforcement of all other powers herein given them as in their judgment may seem proper. Collection of taxes, fines, etc. SEC. XII. Be it further enacted by authority aforesaid, That all laws, and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved September 26, 1891.

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AMENDING CHARTER OF ADEL. No. 493. An Act to amend an Act to incorporate the town of Adel, in the county of Berrien, approved October 3d, 1889, so as to give the mayor and council of said town of Adel the power and authority to issue bonds to the amount of ten thousand dollars for internal improvements, 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 said Act establishing the town of Adel in the county of Berrien, and approved October 3, 1889, be amended as follows: The mayor and council shall have the power to issue bonds and make them payable, with reasonable interest thereon, as said town authorities may deem to the best interest of said town of Adel. Said bonds shall be of the denomination of one hundred dollars each, bearing eight per cent. interest per annum to the amount of ten thousand dollars, said bonds to be used exclusively for the improvement of the town of Adel; provided , the question of the issuance of such bonds shall be first submitted to the qualified voters of said town, as provided by the Constitution of this State, and in case two-thirds of such qualified voters vote for the issuance of such bonds at an election held therefor, then and in that event the same may be issued by the mayor and council of said town, as provided by the Act of the Legislature of 1878, carrying into effect section 7, article 7, paragraphs 1 and 2 of the Constitution of this State. Said mayor and aldermen shall provide for the assessment and collection of an amount of tax sufficient in amount to pay the principal and interest of said bonds as they become due and payable. Act of Oct. 3, 1889, amended. Authority to issue bonds. Denomination, amount, etc. Use of bonds. Election as to issue of bonds. Tax to pay bonds. SEC. II. Be it further enacted, That said bonds shall run for a period of ten years from the first day of October, 1891, and the interest shall be payable annually upon interest coupons or warrants. Said bonds shall be executed by the official signatures of the mayor and treasurer of the town of Adel. The coupons or interest warrants shall be signed by the treasurer of said town, and each coupon or warrant shall indicate the bond to which it belongs. Bonds to run for ten years. Payment of interest. Execution of bonds, etc. SEC. III. Be it further enacted, That the principal of said bonds when they shall become due, and the coupons or interest warrants of the same when they shall become due, shall be

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receivable by the town of Adel, and said bonds shall be nontaxable directly or indirectly by the town of Adel. Bonds and coupons receivable for town dues. And nontaxable. SEC. IV. Be it further enacted, That it shall be a misdemeanor for any officer of the town of Adel to issue or use any of said eight per cent. bonds except for the purpose herein specified, and for each offence he shall be punished as is prescribed in section 4310 of Code of Georgia of 1882. Penalty for unauthorized issue or use of bonds. SEC. V. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved September 26, 1891. REINCORPORATING TOWN OF CUSSETA. No. 510. An Act to repeal an Act to incorporate the town of Cusseta, in the county of Chattahoochee, and to render permanent the county site, and appoint intendant and commissioners, and regulate the duties of the same, approved December 22, 1855, except so much of said Act of December the 22d, 1855, as relates to making permanent the county site, and to substitute in lieu thereof this Act: To reincorporate the town of Cusseta; to provide for election of mayor and councilmen; to provide for appointment of marshal and tax-collector and treasurer; to define the corporate limits thereof, and for other purposes. SECTION I. Be it enacted by the General Assembly of Georgia, That the town of Cusseta, in the county of Chattahoochee, is hereby incorporated, and the limits of said town shall extend one-fourth mile from the court-house north; three-eighth miles from court-house south; one-half mile from court-house west; and five-eighths miles from court-house east. Town incorporated. Corporate limits. SEC. II. Be it further enacted, That the municipal government of said town shall consist of a mayor and four councilmen. Municipal government. SEC. III. Be it further enacted, That the said mayor and four councilmen shall be elected on the first Saturday in December in each year, and shall hold office until their successors are elected and qualified; that said election shall be held in the court-house, and that the polls shall be opened at 10 o'clock A. M. and closed at 2 o'clock P. M., and shall be conducted as elections for members of General Assembly are conducted,

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and the laws governing elections for members of the General Assembly are hereby made applicable to the election of said officers for said town. No one shall vote at said election who is not qualified to vote for members of the General Assembly and who has not been a resident of said town for thirty days previous to said election, and who has not paid all taxes due said town that they may have had an opportunity of paying. Municipal elections, etc. SEC. IV. Be it further enacted, That the present intendant and four commissioners of said town of Cusseta shall hold said office of mayor and councilmen until the first regular election and qualification of mayor and councilmen, and that ordinances and by-laws now adopted shall be of force until repealed by the new council. Temporary mayor and councilmen. Present ordinances etc., continued of force. SEC. V. Be it further enacted, That said mayor and council shall be a body corporate under the name and style of the mayor and council for the town of Cusseta, and shall be capable of suing and being sued, pleading and being impleaded in any courts of law in this State, and shall have power to pass and enact all laws and ordinances which may seem to them proper and just, and to the interest of the citizens of said town, not repugnant to the Constitution and laws of this State or the United States, and to punish all offenders by fine not to exceed fifty dollars or imprisonment or work upon the streets of said town not to exceed thirty days, and either or all of these penalties at the discretion of the mayor and councilmen or a majority of them; provided , such offences committed within said corporate limits against the laws of the State in which the mayor and councilmen have no jurisdiction to hold final trial may, if the evidence should warrant it, bind the defendant over to the Superior Court or to commit to jail in default of bond. Corporate name and general powers. Punishment of offenders. Mayor and council may commit or bind over for violation of State laws. SEC. VI. Be it further enacted, That the mayor and council shall have power to levy and collect a tax not exceeding the rate of the State tax on all real and personal property within said corporate limits subject to State tax and to levy and collect a special tax upon all kinds of business, professions or occupations carried on within said corporate limits, and on all shows, exhibitions and performances for gain, also on all billiards, pool or other tables for playing at games and all establishments of like character in said town for amusement and gain, and that the present intendant and commissioners shall have power and authority to levy and collect the tax provided for in this section under the new charter for the support of

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the town government for the present year; provided , said mayor and commissioners shall not have power and authority to license the sale of any intoxicating or malt liquors in said town. Ad valorem tax. Special taxes. Tax may be levied and collected by present officers. Sale of liquors forbidden. SEC. VII. Be it further enacted, That it shall be the duty of said mayor and council, that if from any cause an election should not be held for mayor and councilmen on the regular election days for said officers, that an election may be called by the mayor or any member of the council by giving two days notice, and that if from any cause there should be a vacancy in the office of mayor or councilmen or any subordinate officer of said town, either by death, resignation or removal, the said vacancy shall be filled by the remaining mayor and councilmen or councilmen. Failure to hold elections. Vacancies. SEC. VIII. Be it further enacted, That the mayor and council shall have power to lay out, open and abolish streets and alleys of said town, extend and change the same as the public interest may require by paying the owners just compensation for the property taken for such purposes. Opening, changing, etc., of streets, etc. SEC. IX. Be it further enacted, That the mayor and councilmen, before entering upon the duties of their respective offices, shall subscribe to the following oath which may be administered by any person in the State authorized to administer oaths: I do solemnly swear (or affirm) that I will faithfully discharge all the duties incumbent upon me as mayor (or councilmen) of the town of Cusseta according to the best of my ability, so help me God. Oath of office. SEC. X. Be it further enacted, That it shall be the duty of said mayor and council to elect a mayor pro tem. , who shall perform all the duties of the said mayor, when from any cause he cannot be present to execute the duties of his office. Mayor pro tem. SEC. XI. Be it further enacted, That the mayor and councilmen shall act as commissioners of roads and streets in said town, and shall have power and authority to require all persons subject to road duty under the laws of this State to work on the streets, alleys and sidewalks of said town; that they may receive in lieu of said work such commutation fee as said mayor and council may prescribe, which may be used only for working the streets, alleys and sidewalks of said town. Street working and tax. SEC. XII. Be it further enacted, That said mayor and council shall have power to appoint two suitable persons, one of which shall be known as tax-collector and marshal, the other as clerk and treasurer of said town, and other officers, if they be deemed necessary, to carry into effect the powers herein granted;

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that said officers, before entering upon the duties of their office, be required to give to said mayor and councilmen a bond with two or more sufficient securities for the proper discharge of his or their duties in a sum not exceeding the sum of one thousand dollars; that said bond shall be recorded by the clerk of the council upon the minutes to be kept by him, and the original bond to be kept of file with the other papers of his office. They shall also take an oath before entering upon the duties of the office for the faithful performance of their duties to be administered by the mayor or one of the council, and each of said officers shall be held amenable to said mayor and councilmen for any failure, neglect or malpractice in office and be subject to be fined in a sum not exceeding fifty dollars, and liable to be discharged by said mayor and councilmen from said office. Subordinate officers, their bonds, oaths, etc. SEC. XIII. Be it further enacted, That it shall be the duty of the clerk and treasurer to keep a book in which he shall make an entry of all sums of money received, and from whom and upon what account it was received, and shall make an entry of all sums of money paid out and for what purpose, and shall take receipt for same, which book and receipt shall be subject to the inspection of the mayor and council, and all other interested persons, and all sums paid to said clerk and treasurer, as taxes, fines, etc., shall be for the exclusive use and benefit of said town; that he shall receive the tax returns and turn over to the marshal for collection; that he shall issue warrants, summons, executions by authority of the mayor and council, and shall receive such fees for same as are allowed by law to justices of the peace for similar services which shall be taxed as cost against the defendant, which sum shall be in addition to the compensation allowed by the council; provided , that if he shall fail to collect said cost from the defendant, it is not to be collected out of the city treasury, and he shall perform such other duties as may be required of him by the mayor and council. Duties of clerk and treasurer, etc. SEC. XIV. Be it further enacted, That it shall be the duty of the marshal to preserve the peace, work the streets, execute warrants, summons, executions, etc., issued by authority of mayor and council, for which he will be allowed such fees as are allowed constables for similar services, to be collected from the defendant; to collect the taxes and turn over to the treasurer, and to perform such other service as may be required of him by mayor and council; the fees and cost collected shall be extra from compensation allowed as marshal of said town, and that when any property levied on by him shall be claimed by a

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third party or an illegality filed, it shall be his duty to return the papers to the justice court of the town district to be tried by him as cases are tried that arise in justice court; provided , justice court has jurisdiction (and if not there to the Superior Court). If the justice of the peace in the town district is disqualified, any justice of the peace may hear and determine said case. Duties of marshal. Claims or illegalities. SEC. XV. Be it further enacted, That said mayor and councilmen shall receive no compensation as mayor and councilmen of the town of Cusseta, but that said marshal and clerk may each receive a compensation to be fixed by said mayor and council not to exceed the sum of fifty dollars each annually, to be paid by order of the mayor and council out of the funds of said town. Mayor and councilmen to serve without compensation. Compensation of marshal and clerk. SEC. XVI. Be it further enacted, That said mayor and council shall have authority to tax dogs not exceeding one dollar per head per annum, or to prohibit their running at large on the streets of said town, and in order to carry into effect the provisions of this section, the mayor and council shall have authority to pass ordinances to either have any dog found loose upon said streets impounded and require payment for their release, or may have them killed if found loose upon the streets without a muzzle on at the discretion of the council. Tax on dogs, etc. SEC. XVII. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved September 29, 1891. INCORPORATING TOWN OF LYERLY. No. 512. An Act to incorporate the town of Lyerty, in Chattooga county, 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, That from and after the passage of this Act, the town of Lyerly, in the county of Chattooga, State of Georgia, be, and is, hereby incorporated as a town under the name of the town of Lyerly. The corporate limits of said town of Lyerly shall extend in every direction one-half mile from the depot of the Chattanooga, Rome and Columbus Railroad, except where such boundary lines would cross Chattooga river, said boundary

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shall stop at the west bank of said Chattooga river, and continue along the western bank of said river. Town of Lyerly incorporated. Corporate limits. SEC. II. Be it further enacted, That on each and every second Monday in January, after the passage of this Act, an election shall be held in said town of Lyerly at such place in said town as the managers may appoint for a mayor and five councilmen, at which election all the citizens residing within the corporate limits of said town of Lyerly, and who shall have resided there for thirty days next previous to said election, and who are entitled to vote for members of the General Assembly of this State shall be entitled to vote for mayor and councilmen. Said election shall be conducted under the same rules and regulations as are elections for members of the General Assembly, the polls to be opened and closed as at county precincts. Municipal elections. SEC. III. Be it further enacted, That the certificate of the managers of the election shall be proof of election; that before entering upon the duties of their office the mayor and councilmen shall take and subscribe an oath to faithfully discharge his duties as an officer of said town; that all contested election cases shall be heard before the managers of the election under such rules as may be prescribed by the mayor and councilmen, and all vacancies in the Board of Mayor and Councilmen occurring between the regular annual election by the people shall be filled by the remaining members of the board. The term of office of mayor and councilmen, except when elected to fill an unexpired term, shall be for one year, and until their successors are elected and qualified. Certificates of election. Oath of office. Contested elections. Vacancies. Terms of office. SEC. IV. Be it further enacted, That said mayor and Board of Councilmen shall have full power and authority to alter the rules and regulations herein prescribed for the management of elections; to pass all ordinances and by-laws not inconsistent with the Constitution of this State or the United States, and to enforce the same by execution, by fine or imprisonment, and may sentence in the alternative. Said board may provide for trial of cases and offences before the mayor, and for an appeal from his decision to a full Board of Councilmen or a majority of them. Regulations as to elections may be altered. Ordinances etc. Trial and punishment of offenders, etc. SEC. V. Be it further enacted, That said mayor and councilmen, a majority of whom shall constitute a quorum, shall have power and authority to appoint all officers they may deem necessary for the good of said town, and to carry this Act into effect to compel all persons in said town liable to road duty to work on the streets, or pay a commutation tax in lien

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thereof: to open streets when deemed necessary; to levy and collect a special tax on drays, peddlers, billiard tables, auctioneers and all like enterprises, as they may deem best for said town, and said town shall have the same exemption from road duty as is now by law granted to other incorporated towns in Chattooga county of this State. Quorum. Subordinate officers. Street working and tax. Opening streets. Special taxes. Exemption from road duty. SEC. VI. Be it further enacted, That said Board of Mayor and Councilmen by their corporate name, Lyerly, shall have power to sue and be sued, plead and be impleaded, and have and use all the powers granted by and embraced in sections 782, 785, 786, 790, 792, 793, 795, 796, 797(a) of the Code of 1882 of Georgia, which sections, so far as not in conflict with anything herein stated, are embodied in and made a part of this charter. General corporate and municipal powers. SEC. VII. Be it further enacted, That from and after the passage of this Act, the sale or barter of intoxicating, spirituous or malt liquors in any quantity whatever is prohibited in the said town of Lyerly, and any person convicted of a violation of the provisions of this section shall be guilty of a misdemeanor, and shall be punished as prescribed in section 4310 of the Code of Georgia. Liquors. SEC. VIII. Be it further enacted, That all laws and parts of laws in conflict with the provisions of this Act be, and the same are, hereby repealed. Approved September 29, 1891. AMENDING ACT OF NOVEMBER 13, 1889, AS TO ISSUE OF BONDS BY FORSYTH. No. 520. An Act to alter and amend An Act to authorize the mayor and council of the city of Forsyth to issue certain bonds, and for other purposes, approved November 13th, 1889, so that the mayor and council shall have the right to issue said bonds, so that they will mature at different dates within twenty years, not to bear a greater rate of interest than six per cent. per annum, and for other purposes. SECTION. I. Be it enacted by the Senate and House of Representatives in General Assembly met, and it is hereby enacted by the authority of the same, That the following words, to-wit, shall run for a period of twenty (20) years from the first day of December, 1889, in section 2 of an Act to authorize the mayor and council of the city of Forsyth to issue certain bonds, and for other purposes, approved November 13, 1889, be stricken out, and the following inserted

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in lieu thereof: Shall run for such times and mature at such dates as the mayor and council shall determine; provided , that none shall run for a longer time than twenty years, or bear a greater rate of interest than six per cent. per annum, so that said section when so amended will read as follows: That such bonds shall run for such times and mature at such dates as the mayor and council shall determine; provided , that none shall run for a longer time than twenty years, or bear a greater rate of interest than six per cent. per annum, and the interest shall be payable annually upon interest coupons or warrants, said bonds shall be executed by the official signature of the mayor and treasurer of the city of Forsyth. The coupons or interest warrants shall be signed by the treasurer of the city, and each coupon or warrant shall indicate the bond to which it belongs. Section 2 of Act of Dec. 13, 1889, amended. Maturity, rate of interest, etc., of bonds. 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 29, 1891. INCORPORATING THE TOWN OF SYCAMORE. No. 524. An Act to incorporate the town of Sycamore in the county of Irwin, and for other purposes connected therewith. SECTION I. Be it enacted by the General Assembly of Georgia, That from and after the passage of this Act, the town of Sycamore in the county of Irwin, be, and the same is, hereby incorporated, and that the corporate limits of said town of Sycamore shall extend one-half of a mile in every direction, from the hotel known as the Dopson House in said town, except that on the west the corporate limits shall only extend to the line of Worth county. Town of Sycamore incorporated. Corporate limits. SEC. II. Be it further enacted, That H. W. Bussey be, and he is, hereby appointed mayor, and W. B. Dasher, A. G. DeLoach, E. R. Smith, W. A. Story, H. W. Cockrell be, and they are, hereby appointed aldermen of said town of Sycamore, to hold their office until the annual election, as hereinafter provided. Temporary mayor and aldermen. SEC. III. Be it further enacted, That the first annual election for mayor and aldermen shall be held on the second Thursday in September, 1892, and on the same day in each year thereafter. The voters at said election shall be all those residing in said town who are entitled to vote for members of the General Assembly of this State, shall be entitled to vote for a mayor and five aldermen, which election, held annually on said day, shall be held in said town, and in the manner and under the same rules and regulations as are elections for members of the General Assembly, so far as they are applicable, the polls to be opened and closed as at precinets. Elections for mayor and aldermen. SEC. IV. Be it further enacted, That the certificate of the managers of the election shall be proof of election, and that before entering upon the duties of their office the mayor and aldermen shall each make and subscribe the following oath: I do solemnly

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swear that I will well and truly perform the duties of mayor (or alderman, as the case may be) of the town of Sycamore, as in my judgment will best promote the general welfare of the inhabitants of said town and the common interest thereof, and in accordance with the laws governing the same, so help me God. Certificates of election. Oath of office. SEC. V. Be it further enacted, That all contested election cases shall be heard before the managers of the election under such rules as may be prescribed by the mayor and aldermen, and all vacancies in the Board of Mayor and Aldermen occurring between elections by the people, shall be filled by the remaining members of the board. The term of the mayor and aldermen, except when elected to fill an unexpired term, shall be for one year and until their successors are elected and qualified. Contested elections. Vacancies. Terms of office. SEC. VI. Be it further enacted, That said Board of Mayor and Aldermen shall have full power and authority to alter the rules and regulations herein prescribed for the management of elections, to pass all ordinances and by-laws for the government of said town not in conflict with the laws of this State, or of the United States, and to enforce the same by execution, by fine or imprisonment, and may sentence in the alternative. Said board may provide for trial of cases and offenders before the mayor and for an appeal from his decision to the full board or a majority of them. Regulations as to elections may be altered. Ordinances etc. Trial and punishment of offenders, etc. SEC. VII. Be it further enacted, That said mayor and aldermen, a majority of whom shall constitute a quorum, shall have power and authority to appoint all officers they may deem necessary for the good of said town and to carry this Act into effect; to compel all persons in said town liable to road duty to work on the streets or pay a commutation fee in lieu thereof; to open streets where deemed necessary; to levy and collect an ad valorem tax on all the property in said town, and such special taxes upon drays, livery-stables, peddlers, billiard tables, auctioneers and all like enterprises, as they may deem best for said town. Quorum. Subordinate officers. Street working and tax. Opening streets. Ad valorem tax. Special taxes. SEC. VIII. Be it further enacted, That said Board of Mayor and Aldermen by their corporate name, Sycamore, shall have power to sue and be sued, plead and be impleaded with, and have and use all the powers granted by and embraced in sections 774 to 797, inclusive, of the Code of 1882 of Georgia, which sections, so far as not in conflict with anything herein stated, are embodied in and made a part of this charter. General corporate and municipal powers. SEC. IX. Be it further enacted, That no person shall be eligible to the office of mayor or alderman who has not reached the age of twenty-five years. Mayor and aldermen must be 25 years old or more. SEC. X. Be it further enacted, That no intoxicating, spirituous or malt liquors shall ever be sold in said town. Sale of liquor prohibited. SEC. XI. Be it further enacted, That any person violating section 10 shall be guilty of a misdemeanor, and on conviction shall be punished as prescribed in section 4310 of the Code. Penalty for selling liquor. SEC. XII. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved September 29, 1891.

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INCORPORATING THE TOWN OF HAHIRA. No. 530. An Act to incorporate the town of Hahira, in the county of Lowndes, provide for the election of mayor and council of said town, to confer certain powers and privileges upon said mayor and council, and for other purposes pertaining thereto. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act, the town of Hahira, in the county of Lowndes, be, and the same is, hereby incorporated as a body politic under the name and style of the mayor and council of the town of Hahira; that the municipal government of said town shall be vested in a mayor and four councilmen, who shall be elected as hereinafter provided. Said mayor and council may sue and be sued, plead and be impleaded, in any court of law or equity in this State, and shall have authority to purchase, hold, enjoy and sell real or personal property for the use and benefit of the said town of Hahira; they shall have perpetual succession and may use and have a common seal. Town of Hahira incorporated. Corporate name, government and general powers. SEC. II. Be it further enacted, That the corporate limits of said town shall extend six hundred yards in every direction from the depot of the Georgia Southern and Florida Railroad Company in said town. Corporate limits. SEC. III. Be it further enacted, That the first election for mayor and councilmen for said town shall be held on the first Wednesday in November, 1891, and annually thereafter on the same day. The election for mayor and council shall be held by three freeholders, resident of said town, and shall be conducted as elections for county officers for this county. The certificate of the managers shall be sufficient authority for the officers elected to enter upon the discharge of their duties as such officers. No person shall be eligible to the office of mayor and councilman who has not been a resident of said town for six months, and at the time of his election twenty-one years old; nor shall any one be eligible to vote in said election who has not been a resident of said town for six months, who is not eligible to vote for members of the General Assembly of this State, or who shall not have paid all taxes due and owing to said town. Municipal elections, etc. SEC. IV. Be it further enacted, That before entering upon the discharge of their duties, the mayor and councilmen shall take and subscribe the following oath, which shall be entered upon the minutes of said council, to-wit: I do solemnly swear that I will faithfully discharge the duties devolving upon me as mayor (or councilman, as the case may be) of the town of Hahira, to the best of my ability and understanding, so help me God. Said oath may be administered by any officer authorized to administer oaths in this State. Oath of office. SEC. V. Be it further enacted, That said mayor and council shall elect such marshals, clerks and other officers as they deem

Page 820

necessary, and to prescribe their salaries and duties, and to require of them such bond for the faithful discharge of their duties as they may deem necessary. Subordinate officers. SEC. VI. Be it further enacted, That the mayor and the mayor pro tem. , in case the mayor is absent from said town, shall be ex officio justice of the peace, to issue warrants against persons guilty of any offence in the limits of said town, and shall have power to subp[oelig]na witnesses and compel their attendance, and to hold preliminary examinations of such offences and to admit the defendant to bail or to commit him to the guard-house of said town, or to the common jail of said county, according as the offence may be against the ordinances of said town or against the laws of said State. Mayor ex officio justice of the peace, etc. SEC. VII. Be it further enacted, That said mayor and councilmen, shall have sufficient power and authority to make, pass and enforce all ordinances and by-laws that they or the majority of them may deem necessary for the government and good order of said town not repugnant to this Act or to the laws of said State. Ordinances by-laws, etc. SEC. VIII. Be it further enacted, That said mayor and council shall have authority to levy and collect a tax upon all taxable property, real and personal, within the corporate limits of said town, as they may deem to the interest of said town, and as may not be in amount contrary to the Constitution and laws of the State of Georgia. They shall also have the authority to require of persons in the limits of said corporation, subject to road duty in said State, to work on the streets of said town or to pay such commutation taxes in lieu of said street work as said mayor and council may determine. Said commutation tax shall not be used for any other purpose than for working the streets of said town. Ad valorem tax. Street working and tax. SEC. IX. Be it further enacted, That the sale of spirituous, alcoholic, malt or other intoxicating liquors, within the corporate limits of said town, is hereby prohibited, and any person violating this section is guilty of a misdemeanor, and on conviction thereof, in any court having jurisdiction of the same in Lowndes county, shall be punished as prescribed in section 4310 of the Code of this State; and the mayor or mayor pro tem. shall have authority, as provided in section 6 of this Act, to issue a warrant for the arrest of any person so violating this section, and upon sufficient cause shown, bind said offender over to the proper court to answer said charge, or in default of bail to commit said offender to the common jail of said county. Sale of liquors forbidden. Penalty, etc. SEC. X. Be it further enacted, That the mayor of said town, and in his absence the mayor pro tem. , who shall be elected by said council from their number, shall be the chief executive of said town. He shall see that the ordinances, by-laws and regulations of said town are carried out and executed. He shall have control of the police of said town and may appoint special police, whenever necessary to preserve order in said town, upon recommendation and authority from said council. He shall have authority to issue execution for all fines and penalties with cost, and may require immediate payment thereof, or, in default of immediate payment, he may imprison the defendant in the guard-house not exceeding

Page 821

thirty days, or may, in his discretion, cause the defendant to work upon the streets of said town a like number of days, or may fine such offender in a sum not exceeding fifty dollars. Duties and powers of mayor. Punishment of offenders. SEC. XI. Be it further enacted, That if, at any time, the office of mayor or councilman shall become vacant from any cause, the remaining members of the council shall fill the said vacancy by appointment from the citizens of said town, eligible for said office, and after thus elected they shall hold their office until their successors are elected and qualified. Vacancies. 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 2, 1891. INCORPORATING THE TOWN OF CULVERTON. No. 539. An Act to incorporate the town of Culverton, in Hancock county, and for other purposes. SECTION I. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act the town of Culverton, in Hancock county, is hereby incorporated under the name of the town of Culverton. Town of Culverton incorporated. SEC. II. Be it further enacted by the authority aforesaid, That the corporate limits of said town shall extend one-half () mile north 50 west from the point in said town, at which the center of the public dirt road leading from Sandersville, Georgia, to Greensboro, Georgia, crosses the center of the public dirt road leading from Sparta, Georgia, to Warrenton, Georgia, and also from the same point, one and one-quarter (1) miles south 50 east, and to embrace in rectangular form one-half () mile in width on either side of said described continuous lines the whole length of said described lines, running from said intersection of said public dirt roads, and forming one continuous line, so that said corporation shall embrace a rectangular area of one and three-quarters (1[frac34]) miles in length from northwest to southeast 50, and one (1) mile in width from southwest to northeast. Corporate limits. SEC. III. Be it further enacted by the authority aforesaid, That the government of said town shall be vested in a mayor and three councilmen, who may sue and be sued, plead and be impleaded, and perform any and all other acts necessary for the government of said town, under the name of the mayor and council of the town of Culverton. Corporate government and powers. SEC. IV. Be it further enacted by the authority aforesaid, That William H. Culver be, and he is, hereby appointed mayor, and Horace Darden, James W. Moore and Benjamin C. Culver are hereby appointed councilmen of said town, to hold office until the first

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regular election as hereinafter provided for, and until their successors are elected and qualified. Temporary mayor and councilmen. SEC. V. Be it further enacted by the authority aforesaid, That on the first Monday in July, 1892, and on the same day biennially thereafter, an election shall be held in said town for mayor and councilmen, whose term of office shall be for two years from date of election and until their successors are elected and qualified. No one shall vote for or be eligible to said offices of mayor and councilmen who is not a bona fide citizen of said town, and who has not been such citizen for two years next preceding said election, and who is not qualified to vote for members of the General Assembly of said State. Said election shall be held and conducted in the same manner as elections for county officers in this State. And the certificates of the managers shall be sufficient authority to the persons elected to enter on the discharge of the duties of the offices to which they have been elected. Municipal elections, etc. SEC. VI. Be it further enacted by the authority aforesaid, That before entering upon the discharge of their duties, the mayor and councilmen shall take the following oaths, which may be administered by any person authorized by the laws of this State to administer oaths: I do solemnly swear that I will faithfully discharge all the duties of mayor (or councilman, as the case may be) of the town of Culverton to the best of my ability, so help me God. Oath of office. SEC. VII. Be it further enacted by the authority aforesaid, That said mayor and council shall have power to levy and collect a tax of not exceeding seven-tenths ([unk]) of one per cent. upon all the real and personal property within the corporate limits of said town, to lay out streets and lanes, and to compel all persons within said corporate limits who are subject to road duty to work on the streets of said town, and they may prescribe a commutation tax in lieu of said work on the streets. Ad valorem tax. Streets, street-working and tax. SEC. VIII. Be it further enacted by the authority aforesaid, That the mayor and council of said town shall have exclusive power and authority to regulate the sale of spirituous, vinous and malt liquors in said town, to grant licenses and fix fees for same, when granted, not inconsistent with the laws of said State, and to impose a penalty on persons selling without license. Sale of liquors. Licenses, etc. SEC. IX. Be it further enacted by the authority aforesaid, That said mayor, and if from any cause he fails to act, any two of the councilmen, shall be authorized to try any person charged with the violation of the ordinances of said town, and to punish persons proved guilty by a fine not exceeding fifty dollars, or imprisonment not to exceed thirty days, or both. Trial and punishment of offenders. SEC. X. Be it further enacted by the authority aforesaid, That said mayor and council shall have power to pass such ordinances and laws as they may deem necessary for the proper government of said town, to prescribe such rules for the collection of taxes, fines and all other money due the corporation, and appoint all officers that in their judgment may be proper for the correct administration of justice in said town. General powers as to ordinances, etc. Collection of taxes, fines, etc. Subordinate officers.

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SEC. XI. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved September 30, 1891. CHANGING NORTH LINE OF WARESBORO. No. 543. An Act to change the north line of the corporation of the town of Waresboro, so as to exclude certain residences and lands from said corporate limits, and for other purposes. SECTION I. Be it enacted by the General Assembly and it is hereby enacted by authority of the same, That the north line of the corporate limits of the town of Waresboro be so changed as to exclude from the corporate limits the residences and land of J. C. Rouse and W. H. Roberts and others, by commencing at southwest corner of J. C. Rouse's land and running said line to the southeast corner of W. H. Roberts' land, thence due east to the original east line of the corporation. North line of corporate limits changed. SEC. II. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved October 5, 1891. INCORPORATING THE TOWN OF OMAHA. No. 547. An Act to incorporate the town of Omaha, in the county of Stewart. SECTION I. Be it enacted by the General Assembly of Georgia, That from and after the passage of this Act, the town of Omaha, in the county of Stewart, be, and the same is, hereby incorporated, and the corporate limits of said town shall extend as follows; from the intersection of Second avenue and Savannah street in the plan of said town, one-half mile east, one-half mile south, one-half mile north to the banks of the Chattahoochee river on the west, making the north and south lines one mile apart and running parallel to the river, the east line running north and south, intersecting the north and south lines at right angles, so that said corporate limits shall embrace all the territory between said lines and the river. Town of Omaha incorporated. Corporate limits. SEC. II. Be it further enacted, That Thomas J. Salter, Louis C. Williford, D. B. Fitzgerald, J. R. James, Henry W. Chestnut and J. W. Perkins be, and they are, hereby appointed mayor and councilmen of said town to serve as such until their successors are duly chosen and qualified as hereinafter provided. Temporary mayor and councilmen. SEC. III. That on the first Saturday in December, 1891, and annually thereafter an election shall be held in said town by the qualified

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voters of said town for a mayor and five councilmen, who shall hold their office for one year or until their successors are duly elected and qualified; at which election no person shall be allowed to vote who has not resided in said town three months next preceding said election, and otherwise a qualified voter under the laws of this State. Theofficial certificate of the managers of said election shall showing who has been elected as mayor and who as councilmen of be issued said town, and upon taking the oath herein prescribed, said officers shall on the Monday following said election enter upon the duties of their offices. Municipal elections, etc. SEC. IV. Be it further enacted, That before entering upon their duties the mayor and councilmen certified to be elected shall each make oath before any officer authorized to administer the same or before the outgoing mayor, that they will faithfully and impartially perform all and singular the duties of their offices, without favor and according to the laws of the State. Oath of office. SEC. V. Be it further enacted, That the six persons named in the first section of this Act shall, from their own number, select a chairman who shall be ex officio mayor of said town until his successor is elected as herein provided, and the remaining five shall be the councilmen for the term ending on first Saturday in December, 1891. The said mayor and council, when organized, shall have power to elect a marshal and clerk of council and such other officers as may be necessary for the government of said town, fix their pay, prescribe their duties and term of office, and may remove or suspend them or any of them, whenever the interests of said town may require it to be done. Selection of temporary mayor, etc. Subordinate officer. SEC. VI. Be it further enacted, That the said mayor and councilmen shall have power to make and alter any rules, ordinances or by-laws for the government of said town and for the protection of the citizens of said town and the health and comfort of same. Ordinances by-laws, etc. SEC. VII. Be it further enacted, That the said mayor and council shall have power and authority to levy an annual ad valorem tax upon all taxable property within the corporate limits of said town, not to exceed one-half of one per cent.; also to impose a tax upon all persons doing business or following avocations in said town (farming excepted), said tax not to exceed the sum of ten dollars. Ad valorem tax. Business tax. SEC. VIII. Be it further enacted, That said mayor and council shall caused to be worked and kept in good order the streets and alleys of said town and may require all persons liable, under the laws of this State to road duty, to work on said streets and alleys or they may fix a commutation tax, upon the payment of which may be exempt from said duty. The said mayor and council may, and they are, hereby empowered to enforce any by-law, rule or ordinance by fine or imprisonment or both within the usual limits for municipal authorities in the States, and the mayor may imprison for contempt not to exceed ten days or fine any offender who defies or refuses to obey his lawful order in enforcing the ordinances of said town. Street working and tax. Enforcement of ordinances etc. Contempts. SEC. IX. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved October 5, 1891.

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AMENDING CHARTER OF WILLACOOCHEE. No. 548. An Act to amend an Act incorporating the town of Willacoochee, in the county of Coffee, and 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 an Act of 1889 incorporating the town of Willacoochee, in the county of Coffee, shall be amended by inserting in the fifth line of the fourth section thereof, after the word qualified, provided , that an election may be held at any time to fill any vacancy in the office of mayor or of councilmen after giving thirty days' notice as required in case of other elections, so that said section, when amended, shall read as follows: That on the first Monday in January, 1890, and annually thereafter, elections shall be held for mayor and five councilmen, who shall hold their respective offices for one year and until their successors are elected and qualified; provided , that an election may be held at any time to fill any vacancy in the office of mayor or councilmen, after giving thirty days' notice as required in case of other elections. All persons residing within the corporate limits of said town thirty days next preceding any election and who are duly qualified voters of the State, shall be deemed qualified voters of the town. Act incorporating town amended. So as to provide for filling vacancies in office of mayor or councilmen. Section as amended. SEC. II. Also, to further amend by striking out of the third line of the eighth section the words one-tenth of one per cent. and inserting in lieu thereof the words one-half of one per cent. so that said section, when so amended, shall read as follows: That the town council shall have power to levy a tax on all property in said town, both real and personal, not to exceed one-half of one per cent., for the support of the corporate government of said town, to open and keep up streets, and for the promotion of the interest of said town. Ad valorem tax. 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. AMENDING CHARTER OF TRION. No. 549. An Act to amend an Act to incorporate the town of Trion in the county of Chattooga, and for other purposes, approved February 20th, 1869, so as to include within the corporate limits of said town all the lands now owned by Trion Manufacturing Company and also those owned by Mrs. M. A. Allgood that come within prescribed limits. SECTION I. Be it enacted by the General Assembly of Georgia, That an Act to incorporate the town of Trion, in the county of Chattooga,

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and for other purposes, approved February 20th, 1869, be amended by repealing and striking out therefrom section 1 thereof, which section is as follows: Section 1. Be it enacted, That the town of Trion, in the county of Chattooga, be incorporated, and that the limits of said town embrace an area of one mile including, only the lands of the Trion Manufacturing Company in every direction, and that the factory building be considered the center, and enacting and inserting in lieu of said section as section 1 of said Act the following: Section 1. Be it enacted by the General Assembly of Georgia, That the town of Trion, in the county of Chattooga, be incorporated, and that the limits of said town embrace an area of one mile in every direction from the factory building as a center, including only the lands of the Trion Manufacturing Company owned on September 1st, 1891, and the lands of Mrs. M. A. Allgood lying within the said prescribed limits of one mile. Act of Feb. 20, 1869, amended. Section 1 repealed. New section. Corporate limits. SEC. II. Be it further enacted, That all laws or parts of laws in conflict with this Act are hereby repealed. Approved October 5, 1891. INCORPORATING CITY OF MANCHESTER. No. 550. An Act to incorporate the city of Manchester, and for other purposes. SECTION I. The General Assembly do enact, That from and after the passage of this Act the city of Manchester, in the county of Fulton, in this State, shall be a body corporate under the name and style of the mayor and council of Manchester. The authority, jurisdiction and area of said city shall be land lots 159, 160, 161 and 162, of the [Illegible Text] district of Fulton county, Georgia. The government of said town shall vest in a mayor and four councilmen, who shall be elected annually on the first Monday in December each year, and all persons residing within the corporate limits aforesaid, who shall have resided therein one month prior to the day of said election, and who are entitled under the laws of the State to vote for members of the General Assembly, shall be qualified voters in such elections. Such election shall be conducted at some place in said city to be selected by the municipal authorities, except that the first election under this Act shall be conducted at any place within such corporate limits as may be agreed upon by mutual consent of the citizens resident therein. Such elections shall be conducted as elections for members of the General Assembly, and the certificate of the managers of election recorded on the records of said town shall be a sufficient authority to the persons receiving the highest nubmer of votes to enter upon the discharge of their duties after taking and subscribing an oath to faithfully discharge all their duties as mayor or councilmen, as the case may be. Said corporation shall have perpetual succession; may have a common seal; shall be capable of taking, holding and purchasing for the

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use of said city any property whatever necessary or proper for the incorporative protection or government of said city, and by said name shall sue and be sued, contract and be contracted with. Corporate name. Area, jurisdiction,etc. City government. Elections, etc. General corporate powers. SEC. II. Be it further enacted by the authority aforesaid, That said mayor and council of Manchester shall have all the rights, powers and jurisdiction granted to municipal corporations and the officials thereof under the Code of this State and the Acts of the Legislature amendatory thereof, except as otherwise provided in this Act. General municipal powers. SEC. III. Be it further enacted by the authority aforesaid, That the sale of spirituous and intoxicating liquors shall never be licensed in said city, and the sale thereof shall be forever prohibited therein. Sale of liquor forever prohibited. SEC. IV. Be it further enacted by the authority aforesaid, That said mayor and council shall have full power and authority to pass all ordinances affecting the streets of said town; to open and lay out the same respecting all public buildings, work shops, public houses, carriages, wagons, carts, drays, itinerant peddlers or traders, pumps, street railroads, disorderly houses; establishing and maintaining public schools, water-works, sewers, gas-works, electric lights, and governing and controlling same, not in conflict with the Constitution and laws of this State. They shall have power to prohibit the running at large in said city of any and all domestic animals, and appoint police and other city officers necessary for the proper government of said city, and remove them at any time for cause. They shall have authority to levy such special and ad valorem taxes as may be necessary to maintain the government of said city; for the construction and repair of streets; for building and repairing the public buildings and structures of said city, except that the ad valorem tax so levied shall not exceed in any one year more than one-half of one per cent. of all taxes. They may also issue a capitation tax of $2.50 on such persons subject to road tax in this State. They shall have power to establish a mayor's court for the trial and punishment of offenders against the ordinances of said city, and in case of conviction the accused shall have the right of certiorari to the Superior Court only as provided by law. Streets, buildings, schools, water-works, lights, etc. Animals running at large. Subordinate officers. Taxes. Ad valorem tax. Capitation tax. Mayor's court, etc. SEC. V. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved October 5, 1891. NEW CHARTER FOR MADISON. No. 552. An Act to amend, revise, consolidate and supersede the Acts granting corporate authority to the city of Madison; to confer additional power upon the mayor and Board of Aldermen of the city of Madison; to regulate the manner in which ordinances may be adopted; to provide for the creation of a board of tax-assessors of real estate in said city; to prescribe the mode of election of said

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board, and define their duties; to prescribe for the return of personal property for taxation; to authorize the issuing of executions for unpaid taxes against persons and property; to prescribe the time and manner of sale of property under tax executions, and to authorize the mayor and aldermen of said city to buy in said property at tax sales, and to provide for the disposition of funds arising from such sales; to empower the mayor and aldermen of said city to license and collect a special tax from all persons, firms or corporations, following or carrying on any profession, trade, business, calling or avocation in said city; to require a registration thereof; to regulate the same and prescribe the manner for collecting such special tax; to authorize the mayor and aldermen of said city to construct, pave and otherwise improve the sidewalks in said city; to prescribe the manner in which such construction, paving and improvement shall be done, and to assess and collect the cost thereof out of the real estate abutting on the sidewalk so constructed, paved or otherwise improved, and to provide for the collection of such assessment, and for other purposes therein set out. SECTION I. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly, and it is hereby enacted by the authority of the same, That from and after the passage of this Act, the several Acts incorporating the city of Madison, in the county of Morgan, as well as the various Acts amendatory thereof, be, and the same are, hereby amended, revised consolidated and superseded. That the city of Madison shall continue to exist as an incorporated city, and the charter of said city shall be and read as contained in the foregoing and following several sections of this Act. Several Acts constituting charter of Madison superseded etc. SEC. II. Be it further enacted, That the corporate limits of said city shall extend to and embrace a radius of one mile in every direction from the court-house in the public square in said city, said court-house being the center. Corporate limits. SEC. III. Be it further enacted, That the corporate powers and municipal government of said city shall vest in and consist of a mayor and four aldermen who are hereby constituted a body corporate and politic under the name and style of the mayor and city council of Madison, and by that name shall succeed to all the rights and liabilities of the corporation of the city of Madison, as heretofore existing; that said municipal government shall have perpetual succession, and shall have power and authority to make, ordain and establish, from time to time, such by-laws, ordinances, resolutions, rules and regulations as shall appear to them necessary and proper for the good government, security and interest of said city and the inhabitants thereof, and for preserving the health, morals, peace and good order of the same, not in conflict with the Constitution and laws of this State or of the United States, and shall have power and authority, in and by said corporate name, to borrow money for city improvements and repairs, and to contract and be contracted with; to sue and be sued; plead and be impleaded in any of the

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courts of this State; to have and use a common seal; to hold all property, real and personal, now belonging to the city of Madison to the use of said city for the purposes and interests for which the same were granted or dedicated; to acquire by gift or purchase, or otherwise, and to retain to them and their successors for the use of said city of Madison any other real or personal property within or without the territorial and jurisdictional limits of said city as may by them be deemed necessary or proper for corporate purposes; and to use, manage, improve, sell, convey, rent or lease any or all of said property as may be deemed advisable for corporate interest. Municipal government. Corporate name and general powers. SEC. IV. Be it further enacted, That the present mayor and aldermen shall hold their offices until the first Wednesday in April, 1892, and until their successors are elected and qualified. On said first Wednesday in April, 1892, and on the first Wednesday in April in each and every year thereafter an election shall be held at the city hall in said city, or at such other place as the mayor and city council shall direct or designate in said city, for mayor and aldermen, who shall serve and hold their offices for one year and until their successors are elected and qualified; and should there fail to be an election held in said city at the time specified in this section from any cause whatever, the mayor shall order an election held in said city for mayor and aldermen within thirty days after said Wednesday, and shall give public notice of the same at least ten days before the date of said election by posted bills at three or more places in said city and in some newspaper published therein. At the first meeting of the mayor and city council of Madison after their election, or as soon as practicable thereafter, one of said aldermen shall be by said mayor and city council chosen mayor pro tempore . Temporary government. Municipal elections, etc. Mayor pro tem. SEC. V. Be it further enacted, That if any vacancy shall occur in any of the offices mentioned in the preceding section by death, resignation, failure to elect, removal from office, removal from the city or otherwise, the same shall be filled by an election had by the remaining members of said Board of Mayor and City Council, and the person so elected shall hold his office as long as his [Illegible Text] would have held the same. Vacancies. SEC. VI. Be it further enacted, That any two citizens who are freeholders in said city may superintend the election for mayor and aldermen, and each of said managers before entering on his duties shall take an oath before some officer duly qualified to administer an oath or before the mayor of said city, and in the absence of such officer or mayor, then before his co-manager, that he will faithfully and impartially conduct said election and prevent all illegal voting to the best of his skill and power, and said managers shall cause to be kept two lists of voters and two tally sheets of such election Said superintendents or managers shall give their certificates of election to the persons elected, which shall be conclusive evidence of that fact, and the persons having the highest number of votes shall be entitled to such certificates. Election managers. Their oath. Lists and tally sheets. Certificates of election. SEC. VII. Be it further enacted, That the polls at every election for mayor and aldermen shall be opened at seven o'clock A. M. and

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closed at six o'clock P. M., and these shall be the hours of opening and closing the polls in every election held in said city connected with or pertaining to said municipality or the government thereof. Hours for opening and closing polls. SEC. VIII. Be it further enacted, That after the votes at any election in said city shall have been counted by the managers, said managers shall certify two lists of voters and two tally sheets and shall place one list of the voters and one of the tally sheets with all the ballots in the ballot box, and shall seal said ballot box and deposit the same with the clerk of the mayor and city council. The other list of voters and tally sheet shall be by the managers filed with said clerk. Disposition of lists, tally sheets and ballots. SEC. IX. Be it further enacted, That on or before the succeding Monday after an election for mayor and aldermen in said city, or as soon thereafter as practicable, the persons elected shall appear at the council chamber in the city hall, and before they enter upon the duties of their respective offices shall take an oath well and truly to discharge said duties, which oath they may administer to each other and shall be in the following words, to-wit: I,....., do solemnly swear that I will well and truly perform the duties of mayor (or alderman, as the case may be) of the city of Madison to the best of my skill and ability, without favor or affection, so help me God. Oath of office. SEC. X. Be it further enacted, That all persons qualified to vote for members of the Legislature, and who shall have paid all taxes legally imposed and demanded, and shall have resided six months within the limits of said city before the closing of the registration list, and registers as hereinafter provided for, shall be qualified to vote for mayor and aldermen, and at all other city elections held in said city. Qualifications of voters. SEC. XI. Be it further enacted, That the mayor and aldermen of the city of Madison be, and they are, hereby empowered and authorized to enacted such ordinance or ordinances providing for the registration of the voters in the corporate elections in said city, which in their judgment shall conduce to the interest and peace of said city, not in conflict with the Constitution and laws of the State of Georgia, and to provide for the enforcement of the same. Registration of voters. SEC. XII. Be it further enacted, That it shall be the duty of the clerk of the mayor and city council to furnish to the managers presiding at any corporate elections in said city a complete list of all the names, arranged in alphabetical order, which shall have been registered, certified under the hand of said clerk, which list shall be kept before the presiding managers during such election, and when such election is over, it shall be deposited in the office of said clerk to be by him safely kept. Registration lists to be furnished election managers. Use and and disposition of. SEC. XIII. Be it further enacted, That any person who shall vote or attempt to vote at any city or municipal election, or registering prior to such election, not qualified to vote or register, shall be guilty of a misdemeanor, and on conviction before any court of Morgan county having jurisdiction of misdemeanors shall be

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punished as prescribed in section 4310 of the Code of Georgia of 1882. Illegal registration or voting. SEC. XIV. Be it further enacted, That no person shall be eligible to the office of mayor of the city of Madison unless he be of the age of twenty-five years, a citizen of the United States of America, shall have resided in the city three years immediately preceding his election, and shall have paid all taxes due and demanded by said city of him; and no person shall be eligible to the office of alderman unless he shall have attained the age of twenty-one years, and shall have resided in the city two years immediately preceding his election, and shall have the other qualification prescribed in the case of the mayor. Qualifications for office. SEC. XV. Be it further enacted, That the mayor of the city of Madison shall receive for his servcies such compensation as the aldermen, or a majority of them, at a meeting of the Board of Aldermen, held immediately before the expiration of the term of office, shall vote him, having a just regard for the labors performed by him. The aldermen shall receive no compensation. Compensation of mayor. Aldermen to have none. SEC. XVI. Be it further enacted, That the mayor shall be the chief executive of said city of Madison. He shall see that all laws, ordinances, resolutions and rules of the city are faithfully executed and enforced, and that all officers shall faithfully discharge the duties required of them. He shall have a general jurisdiction of the affairs of the city. He shall preside at all meetings of the mayor and city council of said city. He shall have the right to vote in elections for officers and upon all other questions before said body, except upon questions where he is disqualified by reason of interest, relationship or otherwise. Powers and duties of mayor. SEC. XVII. Be it further enacted, That the mayor and city council of Madison shall have full power and authority to appoint or elect a clerk who shall be ex officio treasurer of said city, a city marshal who shall be ex officio chief of police, and such other subordinate officers andagents of said municipality as they may deem necessary or proper, and shall have the power to regulate the time, mode and manner of electing or appointing such officers and agents; to fix their fees and salaries; to take their bonds, prescribe their oaths and duties and may at discretion suspend, remove and discharge them at any time with or without cause, the term of office of such subordinate officers to be one year from the date of their appointment and until their successors are appointed, elected and qualified. Subordinate officers. SEC. XVIII. Be it further enacted, That the mayor, or in his absence or disqualification any two or more aldermen, shall as often as may be necessary hold a police court, to be known as the mayor's court, for the trial of all offenders against the laws and ordinances of the city of Madison. Said mayor's court shall have full power and authority, upon conviction, to sentence such offenders to pay a fine not exceeding one hundred dollars, or be imprisoned not exceeding thirty days, or be put at labor upon the streets or other public works in said city for a period not to exceed six months. Either or all of said penalties may be imposed in the discretion of the court. Said court shall have the power to preserve order and compel the

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attendance of witnesses, to punish for contempt, said punishment not to exceed the punishment hereinbefore provided for offenders against the laws and ordinances. Mayor's court. Punishment of offenders. Witnesses, contempts, etc. SEC. XIX. Be it further enacted, That any person who may be convicted before the mayor's court shall have the right to appeal from the judgment of the mayor to the mayor and city council of Madison, and shall have the right to give bond and security in such sum as may be fixed by the mayor for his appearance before the mayor and city council. All such appeal shall be tried de noro , and on the trial of the same the mayor and city council may in its discretion affirm the judgment of the mayor, reduce or increase the punishment or discharge the defendant. Appeals. SEC. XX. Be it further enacted, That any person who may be convicted before the mayor and city council of Madison may, by his giving notice of his intention to certiorari , suspend the judgment and may be released from custody at once upon giving bond with good security in such sum as may be fixed by the mayor for his appearance to stand to and abide final judgment; provided , that all certioraris from said court shall be sued out within ten days from the date of the judgment complained of; and provided further , that no such certiorari shall issue until all costs shall have been paid or an affidavit have been made by the defendant showing his inability to pay costs. Certiorari. SEC. XXI. Be it further enacted, That the mayor and each of the aldermen shall be ex officio justices of the peace so as to enable them to issue warrants for violation of the criminal laws of the State committed within the limits of said city, and shall have full power on examination to commit the offenders to jail, or to bail them, if the offence be bailable, to appear before the court having jurisdiction to try them. Mayor and aldermen ex officio justices of the peace. SEC. XXII. Be it further enacted, That the mayor and aldermen, or a majority of them, shall have full power and authority to impose, assess, levy and collect such taxes upon all real and personal property, and on all notes, claims, evidences of debt and other choses in action held, possessed, kept or owned within the corporate limits of said city, as they may deem necessary for the support of the government of said city, or for other purposes, in their judgment, beneficial to the citizens thereof generally, and they may enforce the collection of such taxes, and also all fines imposed by them in such manner as they, by law or ordinance, may prescribe. Ad valorem tax. Collection of taxes and fines. SEC. XXIII. Be it further enacted, That the mayor and city council of Madison shall, in its discretion, have the sale and exclusive right of granting license to sell malt, vinous and spirituous liquors in any quantities whatever within the limits of said city, and of fixing the rate of such license, both for retailing and wholesaling, and the terms upon which they shall issue, and to regulate and control the sale of the same; and no malt, vinous or spirituous liquors shall be sold in any quantities whatever in said city except under a license obtained from said mayor and city council; and the mayor and city council may, for any violation of this section or the

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laws and ordinances passed in pursuance thereof, declare such license void, and punish such offender by fine, imprisonment or at labor on the streets or other public works in said city either or all of said penalties, in the discretion of the court. Sale of liquors. SEC. XXIV. Be it further enacted, That the mayor and city council of Madison shall have full power and authority to tax, license, regulate and control all taverns, hotels, cafs, restaurants, boarding houses, livery stables, hacks, drays and other vehicles, auctioneers, vendue masters, itinerant traders, theatrical performances, shows, circuses, exhibitions of all kinds, itinerant lightning rod dealers, emigrant agents, clock and stove peddlers, itinerant traders in jewelry and all other peddlers and traveling or itinerant vendors of articles, goods, wares and merchandise of every nature whatsoever; every keeper of a billiard, pool, bagatelle or other tables kept for public use; every keeper of a shooting gallery, ten-pin alley, and upon the keeper of any other table, stand or place for the performance of any game or play, whether played with sticks, balls, rings, knives or other contrivances; upon the keeper of flying horses, skating rinks, insurance agents, velocipedes, brokers, dealers in futures, loan agents and agents for any other business or calling whatever; keepers of slaughter-houses, beef markets, green groceries, dealers in fish, oysters, fruits, breads and other articles of food; upon every junk-shop, pawnbroker, and upon all other persons, firms or corporations following or carrying on any profession, trade, business, calling or avocation in said city, not hereinbefore mentioned and which are under the laws and Constitution of the State of Georgia subject to tax or license, and said mayor and city council shall have the power to pass such by-laws or ordinances as they may see proper to require registration thereof; to regulate the same and prescribe the manner for collecting such special tax. And said mayor and city council shall have full power and authority to impose and inflict pains, penalties and forfeitures upon any one exercising the privileges or functions of any of the hereinbefore mentioned businesses, avocations, callings or trades within the limits of said city without having first paid the tax or procured the license as may be prescribed by ordinance or ordinances in pursuance of this section. Special taxes, licenses, etc. SEC. XXV. Be it further enacted, That said mayor and city council shall have power to require every male resident of said city, not under sixteen and over fifty years of age, to work not exceeding fifteen days annually by himself or an acceptable substitute on the roads, streets and alleys of said city under the directions of such superintendents as may be appointed by the mayor and city council. Any person subject to this service may be released therefrom by paying to the treasurer of said city the sum of two dollars annually; and if the work done and money so paid is not sufficient to put and keep the roads, streets and alleys of said city in good repair, the mayor and city council shall use for that purpurpose any fund in the treasury of said city not otherwise appropriated, or they may levy a tax on all the subjects of taxation within the limits of said city for such purpose. Street working and tax.

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SEC. XXVI. Be it further enacted, That the mayor and city council of Madison shall have full power to prescribe and regulate by ordinance, by-law or resolution the manner of making returns for tax, and they shall have authority to appoint three freeholders, residents of said city, as a Board of Tax-Assessors of real estate in said city, whose duty it shall be, when so required by the mayor and city council, to carefully examine each return of property made by every tax-payer of said city, and if in their judgment they shall find the property embraced in said return, or in any part of it, returned below its value, they shall assess its true value; provided , that the clerk of the mayor and city council shall give the tax-payer written notice of such assessment; and in every case it shall be the privilege of the tax-paper to arbitrate with the assessors the value thereof, said arbitrators to be disinterested tax-payers residing in said city, one of whom shall be selected by the tax-payer and the other by the Board of Assessors, and these two, if they disagree, shall select from the disinterested tax-payers of said city a third arbitrator, a majority of whom shall fix the value of the return, and their decision shall be final. The mayor and city council shall have the power to fix by ordinance or otherwise, as to it shall seem best, the compensation of said assessors and arbitrators. Tax returns. Tax assessors. Disputed valuations. Compensation of assessors and arbitrators. SEC. XXVII. Be it further enacted, That the mayor and city council of Madison shall have full and complete control of the streets, alleys, sidewalks and squares of said city, and shall have power and authority to open, lay out, widen, straighten or otherwise change all streets, alleys, sidewalks and squares, which may be deemed for the best interest of said city, and for this purpose shall have the right to condemn any property, first paying just and adequate compensation for the property so condemned or used. Whenever said mayor and city council shall exercise the power herein delegated, and shall fail to agree with the owner or owners of the property so condemned, taken, used or damaged as to the value thereof and the amount of damages, the said mayor and city council shall choose one appraiser and the owner of the property to be taken or damaged shall choose another appraiser, and the two thus chosen, if they fail to agree, shall select a third appraiser; and the appraisers chosen, first being sworn to do justice between the parties, shall fix the amount of the damages to the owner of the property caused by the opening or changing of such street, alley or square; and if the property owners, after five days' written notice, shall fail to name an appraiser, the clerk of the mayor and city council shall appoint one for him, and in every case where the two appraisers chosen shall for the period of five days fail to agree upon the third appraiser, the said clerk shall appoint such appraiser; provided, always , the said appraisers shall in every instance be citizens and freeholders of said city. The finding of said appraisers shall be in writing, and within five days of its rendition shall be filed in the office of the clerk of the Superior Court of Morgan county and with the clerk of the mayor and city council of said city, and shall thereupon operate as a judgment, and execution may issue thereon. Either party may, within ten days from the

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filing of the award of finding of said appraisers, enter an appeal to the Superior Court of said county of Morgan. All costs, including the fees, if any, of the appraisers, shall be paid by the city, except in case of appeal to the Superior Court, and in such case the costs of appeal shall be paid by the losing party. Streets, alleys, sidewalks, etc. Condemnation of property. Award. Appeal. Costs. SEC. XXVIII. Be it further enacted, That said mayor and city council shall have power to fix and establish fire limits in said city and, from time to time, to enlarge, restrict or change the same; and they shall have full power and authority to compel owners and lessees of property within said fire limits to construct, curb, pave or otherwise improve and keep in good order the sidewalks in front and abutting any and all real estate owned or held by them in said fire limits. If any owner or lessee shall fail to comply with the requirements of the mayor and council in this regard, the work shall be done under and by direction of said mayor and city council, and execution shall issue for the costs and expenses thereof against such owner or lessee, and the same shall be a lien against the adjoining or abutting property of such owner or lessee, to be collected as other executions issued by the clerk of the mayor and city council. Fire limits. Paving, improving, etc., side, walks. SEC. XXIX. Be it further enacted, That the mayor and city council of Madison shall have power and authority to enforce by execution the collection of any amount due or to become due to it for taxes, license fees, assessments of every kind, for fines and forfeitures, paving sidewalks, and for any and all other debts or demands of whatsoever nature due the city, such execution to be issued by the clerk of the mayor and city council of Madison against the person, corporation or firm by whom any such debt may be due, or become due, which execution may be levied by the marshal on the property of the owner against whom such execution shall issue, and the same sold as provided by the Code of Georgia of 1882, sections 3656(a), 3656(b), 3656(c) and 3656(d), for municipal sales for taxes. Executions for taxes, license fees etc. SEC. XXX. Be it further enacted, That it shall be the duty of the marshal to levy all executions in favor of the city; and after advertising for thirty days, he shall sell the property levied on before the court-house door in the city of Madison, on a regular sheriff's sale day and between the legal hours of sheriff's sales. He shall sell, under the rules and regulations governing sheriffs' sales, to the highest bidder, and shall execute titles to the purchaser, and shall have the same power as sheriffs of this State have to put the purchaser in possession. Levy, advertisement, sales etc. SEC. XXXI. Be it further enacted, That the mayor and city council of Madison shall have power to remove all obstructions upon the streets and sidewalks in said city. They shall have the power and authority to abate or cause to be abated anything which in their opinion is a nuisance, whether the same be in the streets or on the lots of individuals, firms, corporate companies or institutions in said city, and they shall have power and authority to pass all necessary laws and ordinances to enforce this provision and providing for the mode and manner of abating such nuisance, not inconsistent with the Constitution and laws of the State of Georgia. Removal of obstructions. Nuisances.

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SEC. XXXII. Be it further enacted, That no law, ordinance or resolution affecting the interests of said city, or the inhabitants thereof, shall be passed or adopted by the mayor and city council of Madison, except the same shall have been first formally offered in writing at a regular meeting of said mayor and city council, and after which notice of said proposed law, ordinance or resolution shall be published once a week for two weeks in some newspaper published in said city, or by posted bills at three or more places in said city, prior to its final adoption, and the same shall not become operative until passed or adopted by a majority vote of said mayor and city council at a regular meeting subsequent to that at which such law, ordinance or resolution was offered. Method for adoption of ordinances laws or resolutions. SEC. XXXIII. Be it further enacted, That the mayor and city council shall have full power and authority to pass, ordain and adopt all laws, ordinances and resolutions which they may deem necessary to carry out and enforce the various provisions of this Act. General powers as to ordinances, etc. SEC. XXXIV. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved October 6, 1891. INCORPORATING TOWN OF ELKO. No. 554. An Act to incorporate the town of Elko, in the county of Houston, to define its limits, confer municipal powers and privileges upon it, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State or Georgia, and it is hereby enacted by authority of the same, That the town of Elko, in the county of Houston, be, and the same is, hereby incorporated. Its corporate limits shall extend one-half mile in every direction from the depot of the Georgia Southern and Florida Railroad as now located in said town; provided , that no field or woodland exceeding four acres, and owned by one person, shall be subject to corporate tax until the same is laid off in town lots of built upon. Town of Elko incorporated. Corporate limits. Certain lands exempt from taxation. SEC. II. Be it further enacted, That the municipal government of said town shall consist of a mayor and four councilmen who shall constitute a body corporate under the name and style of the mayor and town council of Elko, and by that name they shall have perpetual succession; may have and use a common seal; may sue and be sued, plead and be impleaded in any court of lay or equity in this State; may purchase, have, hold, receive, enjoy and retain to themselves and their successors in office, for the use of the town of Elko, any estate or estates, real or personal, of whatsoever kind or nature, and may sell or otherwise dispose of the same for the benefit of said town as they may see proper. Municipal government. Corporate name and general powers. SEC. III. Be it further enacted, That for the purpose of organizing and carrying on municipal government herein provided for, an election

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shall be held in said town upon the first Saturday in November next, or upon the second Wednesday in December of any subsequent year and annually thereafter on the second Wednesday in December, for a mayor and four councilmen. Said mayor and councilmen shall each hold their offices for one year and until their successors are elected and qualified. The first election held under this charter may be held under the management of any three bona fide residents of said town who are qualified to vote for members of the General Assembly. After the first election the mayor and council may appoint any three freeholders to superintend any subsequent election. The managers, before proceeding with the election, shall each take before some person authorized to administer oaths, or if no such be present, each in the presence of the others, the following oath: All and each of us do swear that we will faithfully superintend this day's election; that we are qualified to hold the same; that we will make a just and true return thereof, and not knowingly permit any one to vote unless we believe he is entitled to do so according to the charter of this town, nor knowingly prohibit any one from voting who is so entitled, and that we will not divulge for whom any vote was cast unless called upon under the law to do so, so help me God. The managers acting at the first election held under this charter shall issue to each of the persons elected a certificate of the result of the election, which certificate shall be sufficient authority to the persons so elected to enter upon the discharge of their official duty after qualification as hereinafter provided. The managers of each subsequent election shall issue to the newly elected mayor and councilmen a like certificate and shall certify the result of the election to the acting mayor and council, which last certificate shall be entered upon the records of the town. Municipal elections, etc. SEC. IV. Be it further enacted, That at such elections all persons who shall have resided in said town sixty days before the day of the election, who shall have paid all taxes of every description legally imposed and demanded by the authority of said town and who shall be qualified to vote for members of the General Assembly, shall be qualified voters. All persons qualified to vote at said elections and eligible to hold office according to the Constitution and laws of this State shall be eligible to hold any office in said town. Qualifications of voters and officers. SEC. V. Be it further enacted, That should the office of mayor or any councilman become vacant by death, resignation, removal or other cause, the mayor, or in case his office is vacant the mayor pro tem. , or if both these offices shall be vacant, the councilmen shall order an election of which at least ten days' notice, by posting in two of the most public places in said town, shall be given to fill said vacancy or vacancies. Persons elected at said election shall fill unexpired terms only. Vacancies. SEC. VI. Be it further enacted, That all elections held under this charter shall be conducted as nearly as practicable as elections for members of the General Assembly, but the polls shall open at 9 o'clock A. M. and close at 3 o'clock P. M. until the mayor and council shall, by a general ordinance, prescribe different hours. Hours for opening and closing polls.

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SEC. VII. Be it further enacted, That the mayor and council shall have power and authority in their discretion to elect a clerk and treasurer and a marshal, to prescribe their official duties, regulate their fees or compensation and require them or either of them to give such bonds for the faithful discharge of duty as they may see proper. They shall have power to remove such officers from office for neglect or breach of duty or incapacity to discharge their respective duties. The mayor and council may also at any time appoint such special policeman as they see proper to serve for any length of time, and to be discharged at their pleasure. Subordinate officers. Policemen. SEC. VIII. Be it further enacted, That said mayor and council shall have authority to pass all laws and ordinances for the government of said town and the protection of the lives and property of its citizens which they may see proper: provided , they are not inconsistent with the Constitution and laws of this State or of the United States. Ordinances and laws. SEC. IX. Be it further enacted, That the mayor of said town shall have authority to hold, at such times as he may see proper, a police court for the trial of persons charged with violating any of the ordinances, rules or regulations of said town, and shall have power, upon conviction, to sentence offenders to pay a fine not to exceed thirty dollars or to work upon the streets of said town not to exceed thirty days, or to be confined in the guard-house or calaboose not to exceed twenty days; or the mayor may sentence the offender to work upon the streets or to be confined in the guard-house for a certain period of time, and allow said sentence to be commuted upon the payment of a specific fine, in the discretion of the mayor. Police court. Punishment of offenders. SEC. X. Be it further enacted, That said mayor and council shall have authority to levy and collect an ad ralorem tax, not to exceed one-half per cent. upon all property, both real and personal, in said town, for the support of the town government and carrying out of the object of this charter. They may, by ordinance, provide suitable regulations for the return of all property in said town for taxation, and impose penalties in the way of increased tax for non-return of said property as prescribed in such regulations. The collection of any taxes or licenses imposed by said town authorities may be enforced by execution, issued by the clerk and treasurer in the name of the mayor and town council, directed to the marshal, who shall levy the execution and sell thereunder. Where real estate is levied upon, it shall be sold in like manner and under the same rules and regulations as govern sheriff's sales, except that real estate shall be sold in said town where personal property is levied upon; it shall be advertised by posting in two of the most public places in said town for at least ten days before the day of sale, at the expiration of which time the marshal shall proceed to sell the property under the same rules and regulations as govern constable's sales in this State. The mayor and council shall prescribe, by ordinance, the place where public sales, of this charter, shall take place. Should any property levied upon be claimed by any person not a party to the execution, said claim shall be interposed under the

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same rules and regulations as regulate other claim cases under the laws of this State, and said claim shall be returned to and tried by the first term of the Superior Court of Houston county after the return thereof. Ad valorem tax. Tax returns, etc. Tax executions. Levies, advertisements and sales. Claims. SEC. XI. Be it further enacted, That said mayor and council shall have power and authority, in addition to the ad ralorem tax above provided for, to levy and collect a special tax upon all billiard or pool tables, ten-pin or nine-pin alleys, and upon all tables and alleys of any kind whatever not forbidden by law, used for the purpose of playing on with balls or pins, or both, within said town. They shall also have authority to levy and collect a tax upon all circuses, sleight of hand performances, theatrical exhibitions and other shows which may exhibit within said town, such taxes to be for each exhibition, and to be collected, if not voluntarily paid, by execution, levy and sale, as provided in this charter for the collection of other taxes. They shall have authority also to levy and collect a license tax upon any or all business occupations carried on in said town. Special taxes. SEC. XII. Be it further enacted, That the mayor and council shall have power and authority to compel each male inhabitant of the town between the ages of sixteen and fifty years, unless exempted by ordinances of said town, to work ten days upon the streets and sidewalks of said town, under the direction and control of the marshal, or to pay such commutation tax, not to exceed five dollars, in lieu thereof as the mayor and council may assess. In case of failure or refusal to do said work, or to pay in lieu thereof said tax, the mayor may fine the offending person for contempt, and enforce the same by imprisonment in the guard house, or by work upon the streets. Persons subject to the provision of this section shall not be liable to road duty outside of said town. Street working and tax. SEC. XIII. Be it further enacted, That said mayor and council shall have power and authority to open or lay out new streets, or to widen, straighten, close up or otherwise alter or change any of the streets of said town; to remove any obstruction or nuisance that may be placed in or upon any of the streets, sidewalks, lanes or alleys of said town; to regulate all butcher pens, tan yards, blacksmith shops, steam ginneries, steam saw mills, steam grist mills, forges, stoves and chimneys within said town, and to remove or cause to be removed the same, or any of them, in case they should become dangerous, or become injurious to health, or become nuisance, and to fill up all pits, sinks, cellars or excavations; to drain all ponds or pools of water, or cause the owner of the premise whereon the same are situated to do so when the mayor and council shall deem the same necessary to be done; to regulate and control all taverns, restaurants and public houses in said town. Whenever the mayor and council shall exercise the power delegated in this section in opening, laying out, widening, straightening or otherwise changing the streets, lanes or alleys in said town, and shall condemn or take private property for that

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purpose, they shall appoint one freeholder, and the owner or owners of the property to be taken or condemned shall, upon five days' notice, appoint one freeholder, who shall assess the damages sustained or advantages derived by the owner or owners of the property in consequence of the opening, laying out, widening, straightening or otherwise changing the street, lane or alleys. In case these two assessors cannot agree, they shall select a third, and a majority of the three shall fix the assessment. The assessors shall take an oath faithfully to discharge their duties, and either party shall have the right to appeal to the Superior Court of Houston county within ten days, under the same rules and regulations as govern appeals from justice courts. General municipal powers. Condemnation of private property. SEC. XIV. Be it further enacted, That the mayor and each councilman elected shall, before proceeding to discharge his official duties, take and subscribe before some person authorized to administer oaths the following oath: I do solemnly swear that I will faithfully discharge, to the best of my ability, the duties of....., of the town of Elko, so help me God. Oath of office. SEC. XV. Be it further enacted; That the marshal, or any policeman of said town, shall have the right to arrest any disorderly person, or any person violating or attempting to violate any of the ordinances of said town, and to commit him to the guard house to await his trial before the mayor the next day. Arrest and detention of offenders. SEC. XVI. Be it further enacted, That said mayor and council shall have authority to establish a guard-house, or a place of confinement for persons detained for trial, or sentenced to confinement therein according to the provision of this Act, and to regulate the same; to regulate the keeping of combustibles in the town; to provide suitable places for the interment of the dead and regulate the same, and to protect places of divine worship. Guard-house. Combustibles. Cemeteries Divine worship. SEC. XVII. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved October 6, 1891. AMENDING CHARTER OF ALAPAHA. No. 557. An Act to amend an Act to incorporate the town of Alapaha, in the county of Berrien, approved September 29, 1881. SECTION I. Be it enacted by the General Assembly of Georgia, That section two (2) of said Act be amended as follows: By striking from the second line of said section 2 the words one-fourth and inserting in lieu thereof the words one-half, so that said section, when amended, shall read as follows: The corporate limits of said town shall extend one-half of a mile north, south, east and west from the junction of Main and Center streets, in said town, making corporate limits of said town one mile square. Section 2 of Act of Sept. 29 1881, amended. Corporate limits extended.

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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 6, 1891. AMENDING CHARTER OF TRENTON. No. 560. An Act to amend an Act entitled an Act to incorporate the town of Trenton, to empower the commissioners of said town to work any person upon the streets of said town as a punishment for a violation of the ordinances of said town, 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 the commissioners of the town of Trenton, in Dade county, Georgia, be empowered to impose on any person violating any of the ordinances of said town a fine or imprisonment in the prison of said town, or, in their discretion, to compel the person so offending to work on the streets and other public works of the said town not exceeding thirty days. Offenders may be fined imprisoned or put to work on streets, etc. SEC. II. Be it further enacted, That all laws and parts of laws in conflict with this Act are hereby repealed. Approved October 6, 1891. AUTHORIZING TOWN OF DUBLIN TO GRANT USE OF MARION STREET TO THE WRIGHTSVILLE AND TENNILLE RAILROAD COMPANY AND MACON, DUBLIN AND SAVANNAH RAILROAD COMPANY, ETC. No. 561. An Act to authorize the town of Dublin, Laurens county, to grant the use of Marion street, in said town, to the Wrightsville and Ten nille Railroad Company and to the Macon, Dublin and Savannah Railroad Company for railroad purposes, and to ratify and confirm the grants heretofore made by said town to said railroad companies to use and occupy said Marion street. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That the town of Dublin, in the county of Laurens, be, and is, hereby authorized to grant the use of Marion street, in said town, to the Wrightsville and Tennille Railroad Company and to the Macon, Dublin and Savannah Railroad Company for railroad purposes, and to authorize said railroad companies to lay their tracks and operate their railroads in said Marion street. Authority given to grant use of Main street to certain railroads. SEC. II. Be it further enacted, That the grants heretofore made by the town of Dublin to the Wrightsville and Tennille Railroad

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Company and to the Macon, Dublin and Savannah Railroad Company by resolution of the mayor and council and by deeds executed by the mayor of said town in pursuance of said resolution, conveying to said railroad companies the right to use and occupy Marion street, in said town of Dublin, according to the terms of said deeds, and upon the lines and locations specified in the survey and plats attached thereto, be, and the same are, hereby ratified and confirmed. Grants heretofore made confirmed. SEC. III. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved October 6, 1891. AUTHORIZING AD VALOREM TAX FOR ROCKMART, ETC. No. 565. An Act to authorize the council in the town of Rockmart, in Polk county, Georgia, to levy and collect an ad valorem tax on all real and personal property within the corporate limits of said town, and to authorize said council to open or close streets and alleys in said town. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act, that the town council of the town of Rockmart, in Polk county, Georgia, be, and are, hereby authorized and empowered to levy and collect by execution or other legal process an ad valorem tax on all real or personal property subject to taxation by the laws of this State within the corporate limits of said town. Ad valorem tax authorized. SEC. II. Be it further enacted, That the council of said town, or a majority thereof, shall have authority to open or close all streets or alleys in said town. Authority given to open or close streets or alleys. SEC. III. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved October 6, 1891. AMENDING CHARTER OF MORGANTON. No. 568. An Act to amend the charter of the town of Morganton, in the county of Fannin, to grant election powers and privileges to the same and for other purposes. SECTION I. Be it enacted by the General Assembly, That the second section of the above recited Act be repealed and the following inserted, to be known as section 2: That J. B. Parham be mayor, and O. F. Chastian, J. M. Daves, L. G. Cutcher and W. H. Pittman are hereby appointed councilmen of the town of Morganton, to serve until their successors are elected and qualified as hereinafter provided. Temporary mayor and councilmen.

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SEC. II. Be it further enacted, That wherever the word intendant occurs in the above recited Act it shall be stricken and the word mayor inserted in lieu thereof, and that wherever the word commissioners occurs it shall be stricken and the word councilmen shall be inserted in lieu thereof. Intendant changed to mayor. And commissioners to councilmen. SEC. III. Be it further enacted, That all laws and parts of laws in conflict with this Act are hereby repealed. Approved October 6, 1891. INCORPORATING CITY OF DEMOREST. No. 570. An Act to incorporate the city of Demorest, in Habersham county, Georgia, and define the limits thereof; to create a city council and a city board of education, and grant election powers and privileges for the same; to authorize the establishment of systems of schools, public lighting, water supply and drainage for said city, and the passage of all ordinances and by-laws for the government of said city, and to provide penalties for a violation of such ordinances and by-laws, and for other purposes. SECTION I. Be it enacted by the General Assembly of Georgia, That from and after the passage of this Act the city of Demorest, in the county of Habersham, be, and the same is, hereby incorporated under the name of the city of Demorest. That the principal government of the city of Demorest shall be vested in a city council composed of a mayor and four councilmen who are hereby constituted a body corporate under the name and style of the corporation of the city of Demorest and by that name and style shall have perpetual succession, and shall have a common seal and be capable in law and equity to purchase, have, hold, receive and enjoy, possess and retain to them and their successors for the use of the city of Demorest any estate, real or personal, of whatever kind or nature, and shall by the same name be capable to sue and be sued in any court of law or equity in this State, and to sell, alien or lease any estate, real or personal, the property of or belonging to said incorporation, or convey the same or any part thereof as they may see fit; that the corporate limits of the city of Demorest shall commence at a point where land lots numbers 71, 72, 46 and 45 in the tenth land district of Habersham county, corner and including within the corporate limits said land lots, the same forming a square, and the outer lines of said land lots from the central point or corner are hereby declared to be the boundary lines of said incorporation. City of Demorest incorporated. Government. Corporate name and general powers. Corporate limits. SEC. II. Be it further enacted, That the mayor shall be ex officio a Justice of the Peace with authority to issue warrants, to commit offenders, to fine for contempt and otherwise punish, as provided by this Act, for offences committed within the corporate limits of said city, and to bind over to the Superior Court of Habersham county or to commit to the common jail of said county offenders violating the laws of this State. Mayor ex officio justice of the peace.

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SEC. III. Be it further enacted, That an election shall be held in the said city of Demorest at such place as the council shall designate on the second Tuesday in December in each year for a mayor, four councilmen, a clerk, a city treasurer and a board of education of three members, who shall hold office for one year or until their successors are elected and qualified, and should there fail to be an election in said city at the time above specified from any cause whatever, or should any vacancies occur by death, resignation or other cause, the city council of said city shall order an election held in said city by posting a notice in three public places. Said notice shall be posted at least fifteen days previous to said election. The polls of all elections for city officers and board of education shall be opened at eight o'clock A. M. and close at four o'clock P. M., and said elections shall be held under the superintendence of a Justice of the Peace and two freeholders, or of three freeholders, as the city council may direct; said freeholders to take an oath for the due performance of their duty as such superintendents and to have all the powers incident to superintendents of elections of this State. Municipal elections, etc. SEC. IV. Be it further enacted, That all persons who have arrived at the age of twenty-one years and are citizens of the United States, and who have been bona fide residents of said city for six months next preceding the election at which they offer to vote, shall be deemed to be qualified to vote at such elections and shall be entitled to vote at any and all elections held by the authority of said city. Qualifications of voters. SEC. V. Be it further enacted, That the superintendents of all elections held under the provisions of this Act shall duly declare the result of said elections, and in case of elections for city officers shall issue certificates of election to such persons as receive the highest number of votes polled, who shall, within five days from said election, qualify by taking an oath to well and truly perform their duty to the best of their ability; said oath to be taken before the retiring mayor or a Justice of the Peace and to be entered on the minutes of the city council. The newly elected officers shall enter upon the discharge of their duties on the second day of January following their election. Declaration of result of election. Certificates of election. Oath of office. Beginning of official term. SEC. VI. Be it further enacted, That any person who is a citizen of the United States shall be eligible to any office in the city of Demorest; provided , such person is twenty-one years of age and has resided in said city six months next previous to election; provided , that no person under thirty years of age shall be elected mayor. Qualifications for office. SEC. VII. Be it further enacted, That the city council shall have authority to appoint such marshals, street commissioners and health officers as may be deemed necessary, and shall prescribe the fees of such subordinate officers and require such bonds for a faithful performance of their respective duties as may be deemed proper. They shall have power to remove them from office. Subordinate officers. SEC. VIII. Be it further enacted, That said corporation shall have and enjoy all the rights, privileges and powers incident to such corporations not repugnant to the Constitution of the United

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States, the Constitution of this State or laws made in pursuance thereof, and said city council shall have full power and authority to enact all ordinances, by-laws, rules and regulations necessary for the government of said city and securing the protection and health of the citizens thereof; to establish systems of drainage, water-works, street-lighting and all other appliances for the comfort, health and prosperity of the citizens of said city, and shall have power and authority to issue bonds for the establishment of the same in the same manner and governed by the same rules and regulations as provided for the issuance of bonds for a school building fund in the thirteenth section of this Act. General municipal powers. System of drainage, water-works, lights, etc. Bonds for same. SEC. IX. Be it further enacted, That the mayor shall hold a police court in said city for the trial and punishment of all violators of the ordinances, by-laws, rules and regulations, the punishment to be inflicted not to exceed a fine of fifty dollars or labor on the streets of said city not to exceed fifty days, or confinement in the calaboose or guard-house of said city not to exceed forty days, or any one or more of said penalties, and in addition thereto such costs of the proceedings as may be imposed; said fine shall be collected by execution issued by the city clerk against the offender. Police court. Punishment of offenders. SEC. X. Be it further enacted, That the city council shall have power and authority to pass such ordinances as they may deem proper to prevent or suppress the sale of spirituous, malt or other intoxicating liquors within the corporate limits of said city. Sale of liquors. SEC. XI. Be it further enacted, That said corporation shall have full power and authority to assess, levy and collect such taxes upon real and personal property within the corporate limits of said city as they shall deem necessary for the support and government of said city not inconsistent with the laws of this State; provided , that the sum levied shall not exceed fourteen mills on the dollar for general purposes and six mills additional for school purposes in any one year; also to levy such tax on business occupations, shows or other performances exercised or exhibited within the corporate limits as may be deemed proper. Ad valorem tax. Special taxes. SEC. XII. Be it further enacted, That the city council shall have power to open and lay out such streets and alleys as the public interests of said city may require; to widen, straighten, vacate or otherwise change the streets, lanes, alleys and sidewalks of said city and keep the same in good repair, and to remove all obstructions and nuisances from the same; to regulate and control all public houses; to establish markets and regulate butcher-pens, tan-yards, livery stables, blacksmith shops, forges and the like, and to remove the same, or any of them, in case they should become dangerous or injurious to the health or prosperity of the citizens of said city; to protect places of public worship; to regulate the keeping of gunpowder and other combustibles; to provide cemeteries for the burial of the dead and regulate interments therein; to make regulations for guarding against fire; to organize and equip fire companies; to fill open wells or other excavations on uninclosed premises; to have control and jurisdiction of all soil pits, private drains and sewers, [Illegible Text], privy vaults and dry wells in said

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city, with full power to pass such rules and regulations concerning them as they may deem best for the preservation of the health of the inhabitants of said city; also to regulate the running at large of all horses, mules, cattle, hogs, dogs or other animals, and to pass and enforce all ordinances necessary for controlling the same, with power to take up and impound any animal running at large in violation of such ordinances. Streets, alleys, etc. Obstructions and nuisances. Public houses, markets, blacksmith shops, etc. Public worship. Combustibles. Cemeteries Fire. Sewerage, etc. Animals running at large. SEC. XIII. Be it further enacted, That the city council shall have power to establish within the corporate limits of said city a system of free common schools, and shall have power to assess a tax not exceeding six mills on the dollar upon the taxable property of said city for their support. Also to issue bonds or other evidences of indebtedness for the purpose of raising a school building fund, as they may deem proper and to the best interest of said city; provided , that before said city council shall issue said bonds they shall at a regular meeting pass an ordinance prescribing and directing the aggregate amount and denomination of said bonds, the rate of interest thereon and the time when said bonds shall become due and payable, which ordinance shall be submitted to a vote of the qualified voters of said city at an election to be held under the same rules and regulations herein prescribed for the election of city officers, and such ordinance shall not be considered adopted and authorized unless at said election a majority of all the legal votes cast shall be in favor of the adoption of said ordinance. If a majority of the legal votes cast at such election be in favor of the adoption of said ordinance said city council shall have power and authority to issue bonds to the amount named in such ordinance. Free schools. School tax. Bonds for school building. Ordinance and election as to such bonds. SEC. XIV. Be it further enacted, That when the mayor is presiding at police court or at any meeting of the city council, he shall have power to punish for contempt by fine not to exceed five dollars or imprisonment not exceeding forty-eight hours for each offence. He is authorized and required to enforce all the laws, rules and regulations of said city, to administer oaths to all subordinate officers of said city after having taken the oath of office himself before a justice of the peace of said county or other officer authorized by law to administer oaths. Contempts. General powers of mayor. SEC. XV. Be it further enacted, That no person shall be entitled to vote until all taxes levied against him by the said city shall be paid. Voter must have paid all city tax. SEC. XVI. Be it further enacted, That the regular meetings of the city council shall be open to the public. Council meetings open to public. SEC. XVII. Be it further enacted, That any officer of the city, either elective or appointed, shall be removed from office on proof and conviction before the city council of having drank, sold or given away any intoxicating liquor as a beverage. Removals from office. SEC. XVIII. Be it further enacted, That no person shall be permitted to cast a vote at any election held under the provisions of this Act unless he shall previously be registered as a voter in the manner to be prescribed by the city council. Registration of voters. SEC. XIX. Be it further enacted, That the city council shall by ordinance provide for a system of voting similar to what is known

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as the Australian ballot system. This Act hereby establishes a new charter for the city of Demorest and is to supersede and take the place of the Act to incorporate the city of Demorest, approved November 13, 1889. Ballot system to be adopted. This Act to supersede Act of Nov. 13, 1889. SEC. XX. Be it further enacted, That all laws and parts of laws conflicting with this Act are hereby repealed. Approved October 6, 1891. INCORPORATING THE TOWN OF HIRAM. No. 573. An Act to incorporate the town of Hiram in the county of Paulding, to provide for the election of a mayor and council, marshal and clerk, and to define their powers and duties, 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 town of Hiram, in the county of Paulding, shall be incorporated under the name and style of Hiram, by which name it shall sue and be sued, plead and be impleaded. Corporate name and general powers. SEC. II. Be it further enacted, That the corporate limits of said town shall be as follows: shall embrace a circle of one-half mile in diameter, the center of which circle shall be the railroad crossing in said town. Corporate limits. SEC. III. Be it further enacted, That within two months after the passage of this Act, or so soon thereafter as practicable, and on the first Monday in November of each year thereafter, there shall be an election held for the election of a mayor and four councilmen, which election shall be conducted in the same manner as elections for members of the General Assembly in this State, and each person residing within the corporate limits of this town, who shall be qualified to vote for the members of the General Assembly shall be qualified to vote in such elections for mayor and councilmen, and the person or persons who shall receive the highest number of votes for either of the above named officers shall be declared duly elected; provided , the marshal and clerk shall be elected by the mayor and council immediately upon their election, or as soon thereafter as practicable. Municipal elections. Subordinate officers. SEC. IV. Be it further enacted by the authority aforesaid, That said mayor and councilmen shall have power and authority to cause to be worked all streets, roads and alleys in said town by all persons residents therein subject to road duty under the laws of this State, and to fix a commutation tax to be paid by all such persons in lieu of road working on said streets, alleys or roads. Said mayor and council have power to make any and all by-laws, rules and regulations or ordinances necessary for the government of the town which are not inconsistent with the laws and Constitution

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of this State; to punish by fine or imprisonment, or both, in the discretion of the mayor or council; provided , the fine shall not exceed twenty dollars nor the imprisonment twenty days, in the discretion of the mayor and council; they shall also have power and authority to fix the costs that shall be paid to the mayor, marshal and clerk for services when any person shall be convicted for violating any of the ordinances of said town; provided , such costs shall be taxed against the person or persons convicted of violating any such ordinance or ordinances. Said mayor and council shall have power to levy and collect a tax on all property within the corporate limits of said town, not to exceed one-tenth of one per cent., for the support of the government of said town. Street working and tax. Ordinances by-laws, etc. Punishment of offenders. Costs. Ad valorem tax. SEC. V. Be it further enacted by the authority aforesaid, That nothing in this Act shall be construed to give the town authorities, or any other authorities, the right to grant license to sell intoxicating liquors in any quantity whatever within the corporate limits of said town, or to repeal existing laws on that subject. Sale of liquor forbidden. SEC. VI. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved October 6, 1891. INCORPORATING THE TOWN OF MOUNT VERNON. No. 576. An Act to incorporate the town of Mount Vernon, in the county of Montgomery, to define the powers, duties and liabilities of its incorporators and officers, and for other purposes in connection therewith. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act the town of Mount Vernon in the county of Montgomery, be, and the same is, hereby incorporated under the corporate name and style of the town of Mount Vernon. Corporate name. SEC. II. Be it further enacted, That the municipal government of said town shall be vested in a mayor and six councilmen, to-wit: M. L. Currie, mayor, and James McNatt, W. C. McRae, W. H. McQueen, C. D. Loud, B. F. Herring and William M. McLemore, councilmen, who are hereby constituted a body corporate under the above mentioned name and style, and by that name shall have perpetual succession; be empowered to have a common seal; to sue and be sued, plead and be impleaded in all the courts of law and equity in this State and elsewhere; and to have, purchase, hold, receive, possess and retain to themselves and their successors for the use, benefit and behoof of said town any property or estate, real, personal or mixed, of whatever kind or nature; and to sell, lease, improve or otherwise control the property of said town, or any part thereof, in any manner whatever that to them may seem fit and proper. Temporary mayor and councilmen. General corporate powers.

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SEC. III. Be it further enacted, That the corporate limits of said town shall be an oblong square extending one-half mile from the court-house in said town in every direction, except on the north side, which shall extend one mile and a quarter from said court-house. Corporate limits. SEC. IV. Be it further enacted, That the officers aforesaid shall enter upon the duties of their respective offices immediately after the passage of this Act. Before discharging the duties of said offices they shall take an oath before some officer authorized by law to administer oaths well and truly to do and perform all the duties of the same, which oaths shall be entered upon the minutes of said town, and their successors perpetually and all other officers of said town shall be in like manner sworn, and the same shall be made of record. Oath of office. SEC. V. Be it further enacted, That on the second Wednesday in January, 1892, and annually thereafter, an election shall be held in said town under the same laws, rules and regulation that govern elections for county officers for a mayor and six councilmen of said town, who shall hold their offices for one year and until their successors are duly elected and qualified as above specified and set forth; and in case no election shall be, for any cause, held on the day herein specified, such election may be held at any time thereafter by order of the mayor or the last mayor of said town, and in his absence, refusal or failure, by any two or more of the last councilmen of said town, and in case of their absence, refusal or failure, then by any ten qualified voters of said town; said election, when not held at the regular time, to be advertised for ten days at the court-house door in said town. Annual elections. SEC. VI. Be it further enacted, That said mayor and council shall elect a clerk, or recorder, a mayor pro tem. to discharge all the duties of mayor in the absence or disqualification of the mayor, a treasurer and a marshal, and said mayor and council shall have full power and authority to fix their respective salaries and define their duties. These officers shall hold their offices for one year, and until their successors are duly elected and qualified. Subordinate officers. SEC. VII. Be it further enacted, That the mayor of said town shall have all the powers of a Justice of the Peace within his jurisdiction so far as relates to criminal matters. Mayor ex officio justice of the peace. SEC. VIII. Be it further enacted, That said mayor and council shall have full and ample power to pass and enforce all needful laws, ordinances, rules and regulations for the preservation of the peace and good order and the advancement of the prosperity and morality of said town not inconsistent with the Constitution and laws of the land. They shall have full power and authority to put and keep in good order any and all streets of said town and open new ones at their discretion and in conformity to law; to work or cause to be worked on the streets all hands within the corporate limits of said town for such length of time as road hands are liable to work, under the supervision of the marshal or overseer, or to accept from them such commutation in lieu of said work as they, in their discretion, may deem right, fit and proper; such commutation

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to be fixed and uniform, operating upon all alike. In addition to this they may levy such commutation tax upon persons liable to street duty, or such ad valorem tax upon the property of the citizens of the town, as may in their judgment be necessary to put and keep its streets in good condition, and they may and have full power to use the common jail of the county for the enforcement of their laws and ordinances by the imprisonment of any and all offenders. Laws, ordinances, etc. Street working and tax. Confinement of offenders. SEC. IX. Be it further enacted, That the mayor's court shall be separate and distinct from the meetings of the mayor and council and shall be held by the mayor, or in case of his absence or disqualification by the mayor pro tem. , or in the absence or disqualification of both, then by any two members of the council, and its objects and jurisdiction shall be the enforcement of the laws and ordinances of said town, as a criminal court, by fine or imprisonment in the common jail of the county or the calaboose of said town, and all such offences shall be brought before said court and not before the council. Mayor's court. SEC. X. Be it further enacted, That all the provisions of the Code of Georgia of the compilation of 1882, from section 783 to section 797(b), inclusive, be, and the same are, hereby included in and made a part of this Act, if not in conflict or inconsistent with the same, and in case of conflict the provisions contained in this Act shall prevail; provided , that the said mayor and council shall have no power or authority to grant licenses to any one to sell spirituous, malt or intoxicating liquors in said town. Certain provisions of the Code made part of this Act. Sale of liquor forbidden. SEC. XI. 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 6, 1891. AMENDING CHARTER OF GENEVA. No. 577. An Act to amend an Act entitled an Act to incorporate the town of Geneva, in the county of Talbot, to appoint commissioners for the same, and for other purposes, approved October 18, 1870. SECTION I. The General Assembly do enact, That from and after the passage of this Act section 5 of the Act mentioned in the caption of this Act shall be amended by adding after the word town, in the seventh line of said section, the words only upon a petition signed by two-thirds of the bona fide freeholders living within the corporate limits of said town, so that, when amended, section 5 shall read as follows, to-wit: That said board shall have power to do all acts which they shall deem proper for the welfare of said town; to fix the taxes on all property owned by persons in said town; to collect such income taxes as they may establish by their by-laws, consistent with the laws of the State; to grant licenses to

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retail within the corporate limits of said town only upon a petition signed by two-thirds of the bona fide freeholders living within the corporate limits of said town, and to take and receive in the treasury of said town all such license fees; provided , that said tax shall not exceed one and one-half per cent. on the value of the taxable property or the net income of such persons as may be subject to the same. Sec. 5 of Act of Oct. 18, 1870, amended. Retail licenses may be granted only on petition of freeholders. 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 is, hereby repealed. Approved October 6, 1891. AMENDING CHARTER OF DALLAS. No. 581. An Act to amend the charter of the town of Dallas, Georgia, to extend the corporate limits so as to embrace the cemetery situated at the north end of said town as now defined by the corporate lines, and to further amend said charter so as to give the mayor and council power to levy a larger tax, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That the charter of the town of Dallas be, and the same is, hereby amended so as to include that plot or parcel of land on which the Dallas cemetery is now situated, and described as follows, to-wit: Commencing at a point thirty feet west of Cartersville street, at the extreme northern line, and running north along the west side of said street one hundred and eighty-seven yards; thence west two hundred and ten yards; and thence south one hundred and eighty-seven yards back to the original northern line, thereby making the northern line described in this section the boundary line of said town, so far as it goes, the rest of the said lines to remain as defined in the original charter. Corporate limits extended. SEC. II. Be it further enacted by the authority aforesaid, That section 80 of said charter be amended by inserting in lieu thereof the following, to-wit: That said mayor and aldermen shall have power to levy and collect a tax on all property, both real and personal, within the limits of said corporation, not to exceed one-half of one per cent. Ad valorem tax. 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 is, hereby repealed. Approved October 6, 1891.

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AMENDING CHARTER OF JESUP. No. 582. An Act to amend section 23 of an Act approved December 26, 1888, so far as relates to the publication of the proceedings of the mayor and Board of Aldermen of the town of Jesup, Georgia. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act, section 23 of the above recited Act be amended by striking out of said section the following words, to-wit: And the mayor and aldermen of said town shall cause the proceedings of each meeting of council to be published in such paper, the same being the last words of the tenth line and all of the eleventh line and all of the twelfth line except the last two words of said section, so that, when amended, said section shall read as follows: Section 23. And be it further enacted by the authority aforesaid, That no ordinance, by-law or resolution of said mayor and aldermen of a public character shall be binding within the limits of said town, or person within the same, natural or artificial, until the same shall have been published for the space of once a week for four weeks in the newspaper in which the proceedings of the mayor and aldermen of said town and the legal advertising of said town is done; and it shall be the duty of the mayor and aldermen of said town to select as the official organ of said town any paper which has a general circulation in the county of Wayne and said town; and no ordinance or by-law shall pass the Board of Aldermen of said town and become a by-law or ordinance thereof until the same shall have been introduced and read once at the regular meeting of said mayor and aldermen when the same is introduced, and twice at the next regular meeting of said mayor and aldermen before the same passes and becomes a law; and the regular meetings of the mayor and aldermen of said town shall be on the first and third Mondays in each and every month. Sec. 23 of Act of Dec. 26, 1888, amended. Provision as to publication of council proceedings stricken. 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 6, 1891.

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AMENDING CHARTER OF WADLEY. No. 583. An Act to amend an Act to incorporate the town of Wadley, in the county of Jefferson, to grant certain powers and privileges to the same, and for other purposes, approved February 21st, 1876, so as to fix additional qualification for voters at municipal elections in said town; to empower the council of said town to elect a clerk of council, who is not a member of council, and to provide fees for said clerk; to enlarge their powers of taxation, and to provide penalties for the non-payment of special taxes, and for other purposes. SECTION I. Be it enacted by the General Assembly of Georgia, That from and after the passage of this Act the above recited Act be, and the same is, hereby amended by adding after the word town, on the tenth line of the third section of the above recited Act, and in lieu of the word ten the word thirty, so that said section, when so amended, shall read: No person to be entitled to vote at said election except those who have resided in said town at least thirty days before the election, and to possess all other qualifications requisite for members of the General Assembly, and by adding after the third section the following sections, to be known as sections 4, 5, 6, 7, 8, 9, 10: Third section of Act of Feb. 21, 1876, amended. Qualifications of voters. New sections. SEC. IV. Be it enacted by the authority aforesaid, That no person shall be qualified to vote at any municipal election held in said town unless he shall be registered as hereinafter provided, and before registering every person shall take the following oath, to be administered by the clerk of council, who shall be the registrar for said town, to-wit: I do solemnly swear that I am twenty-one years of age, have resided in this State for twelve months, in Jefferson county six months and in the town of Wadley thirty days consecutively next preceding this election; that I have paid all taxes required of me and which I have had an opportunity to pay; that I am a bona fide resident of the town of Wadley, so help me God .' Registration of voters. SEC. V. Be it further enacted by the authority aforesaid, That said council shall provide a book for registration for said town in which all qualified voters at municipal elections shall be required to register on or before the day of election. Registration book. SEC. VI. Be it further enacted by the authority aforesaid, That the mayor and council of said town, in addition to the

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power already given them, shall have power and authority to levy a special tax on every species of business carried on in said town in the manner that they may deem for the best interest of said town. Business tax. SEC. VII. Be it further enacted by the authority aforesaid, That said mayor and council of said town shall have power and authority to impose fines and penalties for the non-payment of any of the special taxes imposed by the ordinances of said town. Penalties for non-payment of special taxes. SEC. VIII. Be it further enacted by the authority aforesaid, That said mayor, or acting mayor, have power and authority to punish by fine or imprisonment for contempt. Contempts. SEC. IX. Be it further enacted by the authority aforesaid, That said mayor and council shall have power and authority to classify all hotels, boarding-houses and restaurants, and to prescribe ordinances governing the same. Classification, etc., of hotels, boarding houses, 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 October 6, 1891. AMENDING CHARTER OF BLUE RIDGE. No. 584. An Act to amend the charter of the town of Blue Ridge, and for other purposes, approved October 24, 1887. SECTION I. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act, that an Act to charter the town of Blue Ridge, approved October 24, 1887, be, and the same is, hereby amended by striking out the words one mile after the word extend in the second line of section 3 of said Act, and inserting in lieu thereof the words onehalf mile, so that said third section of said Act, when amended, will read as follows: Be it further enacted, That the corporate limits of said town shall extend one-half mile in every direction from the M. N. Ga. R. R. depot in said town. Sec. 3 of Act of Oct. 24, 1887, amended. Corporate limits diminished. SEC. II. Be it further enacted, That section 13 of the above recited Act be amended by striking out said section from said Act. Sec. 13 stricken. SEC. III. Be it further enacted, That sections 14, 15 and 16, of the above recited Act be hereafter known as sections 13, 14 and 15 respectively. And the numbers following sections changed.

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SEC. IV. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved October 6, 1894. AMENDING CHARTER OF FORRESTVILLE, CHANGING ITS NAME TO NORTH ROME, ETC. No. 587. An Act to amend an Act to repeal an Act entitled an Act to incorporate the town of Forrestville, in the county of Floyd, and incorporate the same de novo , approved September 21, 1883, so as to change the name of said town from Forrestville to the name of North Rome; also to extend the corporate limits of said town for all purposes and jurisdiction of said town over, and to embrace other additional territory as set forth; also to vest the mayor and aldermen of said town with authority to levy a tax on all reality and personalty in said town not exceeding [frac34] of one per cent. per annum instead of [frac12] of one per cent. as now provided; also to authorize the mayor and aldermen to levy a special license tax on all business, trades and professions in said town. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That the Act approved September 21, 1883, and entitled an Act to repeal an Act entitled an Act to incorporate the town of Forrestville, in the county of Floyd, and to incorporate the same de novo , be amended, so as to change the name of said incorporation from Forrestville to North Rome. Act of Sept. 21, 1883, amended. Name of town changed to North Rome. SEC. II. Be it further enacted by the authority aforesaid, That said incorporation, under and in its new name of North Rome, shall have all the rights, powers, and privileges and immunities that have been conferred upon it under the name of Forrestville by said original Act of incorporation. General powers under new name. SEC. III. Be it further enacted by the authority aforesaid, That section 10 of said original Act be amended by striking from said section all that appears after the words insurance agencies in the twelfth line of said section, and inserting in lieu thereof the following words, to-wit: And the said mayor and aldermen shall have full power and authority to require any person, firm, company or corporation engaged in, prosecuting or carrying on, or who may engage in, prosecute or carry on, any trade, business, calling or avocation or profession, within the corporate limits of said town, to register

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their names and business, calling, vocation or profession, annually, and to require such person, company or association to pay for such registration and for license to engage in, prosecute or carry on such business, calling or profession aforesaid, not inconsistent with the laws of this State; provided, however , that for such registration and license no firm, association or corporation shall be required to pay any greater sum than $50 per year, so that said section, when so amended, shall read as follows: Section 10. Be it enacted, That the said mayor and aldermen shall have full power and authority to enact all by-laws and ordinances which may be necessary to the good order, peace, health, interest and police of said town, not in conflict with the laws and Constitution of this State, or the Constitution and laws of the United States, and they shall have power and authority to levy a tax on all real and personal property in said town not exceeding three-fourths of one per cent. on a fair valuation of the same. They shall also have power to tax all itinerant shows and exhibitions of any kind; all billiard tables and ten pin alleys, or alleys of any number of pins, kept for playing thereon; all shooting galleries or other places of public amusement; all insurance agencies and the said mayor and aldermen shall have full power and authority to require any person, firm, company or corporation, engaged in, prosecuting or carrying on, or who may engage in, prosecute or carry on, any trade, business, calling or avocation, or profession, within the corporate limits of said town, to register their names and business, calling, vocation or profession annually, and to require such person, company or association to pay for such registration and for license to engage in, prosecute or carry on such business, calling or profession aforesaid, not inconsistent with the laws of this State: provided, however , that for such registration and license no person, firm, association or corporation shall be required to pay any greater sum than fifty dollars ($50.00) per year. Section 10 of Act of Sept. 21, 1883, amended. Business registration, license, etc. Section as amended. SEC. IV. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved October 6, 1891.

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INCORPORATING THE TOWN OF ROCKY MOUNT. No. 591. An Act to incorporate the town of Rocky Mount, in Meriwether county, 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 from and after the passage of this Act the town of Rocky Mount, in the county of Meriwether, be, and is, hereby incorporated, and the municipal government of said town be, and is, hereby vested in a mayor and four councilmen, who are hereby constituted a body corporate under the name and style of the mayor and council of Rocky Mount, and by that name and style have perpetual succession, have and use a common seal, sue and be sued, contract and be contracted with, purchase, sell, receive and enjoy any and all kinds of property for the use and benefit of said town, and also exercise such other powers as may be necessary in the performance of their duties. Rocky Mount incorporated. Government, corporate name and general powers. SEC. II. Be it further enacted by the authority aforesaid, That the corporate limits of said town shall extend one-third of one mile in every direction from the center of the intersection of the Greeneville road with the Oakland and Lutherville road. Corporate limits. SEC. III. Be it further enacted by the authority aforesaid, That W. B. Clark be, and he is, hereby appointed mayor, and J. C. Mathews, J. D. Dunlap, J. W. Lambert and W. H. York be, and they are, hereby appointed councilmen of said town of Rocky Mount, to hold their respective offices until the first annual election, as herein provided, or until their successors are elected and qualified. Temporary mayor and councilmen. SEC. IV. Be it further enacted by the authority aforesaid, That on the first Saturday in April, 1892, and annually thereafter an election shall be held in said town for a mayor and four councilmen, who shall hold their office one year, and until their successors are elected and qualified; but none shall vote or be eligible to the office of mayor or councilman of said town, who have not resided within the corporate limits of said town for at least three months immediately previous to such election, and who are not qualified to vote for members of the General Assembly, and paid all taxes required by the mayor and council of said town. Said election shall be held and conducted in as near the same manner as practicable as elections for members of the General Assembly, and the certificate of the managers shall be sufficient

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authority to the persons elected to enter upon the discharge of the duties of the office to which they have been elected. Election to fill vacancies in either of said offices shall be held upon ten days' notice, which notice shall be posted at some public place in said town. Municipal elections, etc. Vacancies. SEC. V. Be it further enacted, That before entering upon their duties the mayor and councilmen shall take an oath before any person authorized to administer oaths, to faithfully perform all the duties of their respective offices; and said mayor and councilmen shall have power and authority to appoint such officers as they may deem necessary for the good of said town, and to carry this Act into effect; to compel all persons in said town liable to road duty to work on the streets of said town or pay a commutation tax in lieu thereof; to levy and collect an ad valorem tax on all property in said town, and such special taxes as they may deem best for said town, and to make and pass all laws, ordinances, rules and regulations that they may deem necessary for the government of said town and the protection of life and property; provided , they be not repugnant to the laws of this State and of the United States. Oath of office. Subordinate officers. Street working and tax. Ad valorem and special taxes. Laws, ordinances, etc. SEC. VI. Be it further enacted, That said mayor may hold police courts, try offenders for violation of the laws, ordinances, rules and regulations prescribed for the government of said town, and may punish violators of the same by a fine not to exceed fifty dollars, or imprisonment not to exceed thirty days, to work on the streets of said town not to exceed thirty days, and any one or more of these punishments may be ordered in the discretion of said mayor; but when sitting as a court said mayor may fine for contempt not exceeding ten dollars or imprisonment five days for such contempt. From all decisions of said mayor imposing punishments or penalties for violations of such laws, rules and regulations, there may be an appeal to the mayor and council upon such terms as may be prescribed by said mayor and council. In the absence of the mayor, or when he is disqualified, the mayor pro tem. shall preside and try all cases. Police court. Punishment of offenders. Contempts. Appeals, etc. SEC. VII. Be it further enacted, That nothing herein shall be so construed as to authorize said mayor and council to grant or issue license for the sale of intoxicating liquors, nor to repeal the Act prohibiting the sale of spirituous, malt, vinous or intoxicating liquors within three miles of the Methodist church at Rocky Mount, approved December 12, 1882. Sale of liquors forbidden. SEC. VIII. Be it further enacted, That all the powers, not in conflict with this Act, which are enumerated in sections 785, 786, 786(a), 786(b), 786(c), 787, 788, 789, 790, 791, 792 and 793 of the Code of this State be, and the same are, hereby

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granted to and are made a part of the corporate authorities of said mayor and council. Provisions of certain sections of Code adopted as part of this Act. SEC. IX. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved October 6, 1891. ENTENDING THE CORPORATE LIMITS OF McRAE. No. 594. An Act to extend the corporate limits of the town of McRae, in the county of Telfair, to-wit: To extend the northern limits westward to the dividing line between lots of land Nos. 188 and 187, and to extend the southern limits westward to the dividing line between lots of land Nos. 173 and 174 in the 10th district of said county. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act, the jurisdiction and corporate limits of the town of McRae, shall be extended as follows: That the northern limits be extended westward to the dividing line between lots of land Nos. 188 and 187, and that the southern limits be extended westward to the dividing line between lots of land Nos. 173, and 174, in the 10th district of said county, and that the dividing line between lots of land Nos. 188 and 187, and lots of land Nos. 173 and 174, is hereby made the western limits of the town of McRae. Corporate limits extended. SEC. II. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved October 6, 1891. SYSTEM OF WATER-WORKS FOR BUENA VISTA. No. 597. An Act to establish a system of water-works for the town of Buena Vista, Ga., to authorize the mayor and city council of said town to issue bonds for the same, and to levy and collect a tax to pay all necessary expenses 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

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same, That from and after the passage of this Act, the mayor and council of the town of Buena Vista shall be authorized to establish for said town a system of water-works. Establishment of water-works authorized. SEC. II. Be it further enacted, That said mayor and council are empowered to levy and collect an annual tax (in addition to that now allowed by law) sufficient to pay all the expenses of operating said water-works and to pay the interest and principal on the bonds issued to erect and equip the same as fast as the same becomes due, and to pay all other expenses necessary to a successful operation of the same. Tax for expenses of operating, payment of bonds, etc. SEC. III. Be it further enacted, That said mayor and council may furnish water to private houses or individuals upon such terms and for such length of time as to them may seem reasonable and just, and the water rents arising therefrom shall be applied by said authorities to paying the expenses of said water-works. That said mayor and council shall regulate the distribution and use of water in all places and for all purposes where the same may be required, and shall erect such number of public hydrants and in such places as they may see fit and direct for what purpose and in what manner they are to be used. Regulations as to furnishing water to individuals. Use of water rents. Distribution and use of water, etc. SEC. IV. Be it further enacted, That said mayor and council may pass any by-laws, rules and regulations for the protection and maintenance of said water-works or anything connected therewith that they may see fit. By-laws, rules, etc. SEC. V. Be it further enacted, That this Act shall not become operative until it is submitted to the qualified voters of said town for which purpose the mayor and council thereof shall order an election, notice of which must be given by advertising thirty days in the public gazette of said town, which election shall be held under the same rules and regulations as that for mayor and councilmen of said town and the qualification of voters shall be the same. Those in favor of water-works and issuing bonds, shall have written or printed on their tickets, for water-works and issuing bonds, and those opposed to the same shall have written or printed on their tickets, against water-works and issuing bonds. The managers of said election shall make return thereof to the mayor and council of said town, who shall at the first opportunity open said returns and declare the result thereof and if two-thirds of the qualified voters vote in favor of the same the mayor and council shall declare the result and this Act shall immediately take effect; and should two-thirds of the qualified voters vote against the same, then the same may be submitted

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to another election under the same rules and regulations as before, after twelve months shall have passed between said elections; provided , as many as twenty of the qualified voters of said town shall petition the mayor and council for the same. This Act not operative until ratified by people. Regulations as to election, etc. SEC. VI. Be it further enacted, That should the said election be in favor of water-works and bonds, the mayor and council of said town shall issue bonds, and they are hereby authorized to issue bonds of said town not to exceed ten thousand dollars and of denominations not less than fifty nor more than one hundred dollars, said bonds to be signed by the mayor and recorder of said town and to bear interest at the rate of not more than six per cent. per annum, and to be known as the Buena Vista Water-Works Bonds, payable annually at such time as said mayor and council may determine or fix and as to the amount of each as they may determine, so that the last will become due at the expiration of thirty years from their issue; provided , that the mayor and council are hereby empowered at and before the issuing of said bonds to provide for the assessment and collection of an annual tax sufficient in amount to pay the principal and interest of the said bonds as they become due; provided , that the tax for said purpose shall not exceed for any one year the sum of the principal and interest of said bonds falling due said year; said bonds shall be sold by said mayor and council for not less than par. Amount, denomination, etc., of bonds. Bonds not to be sold for less than par. SEC. VII. Be it further enacted, That the mayor and council of said town shall have full power to pass all ordinances, by-laws, rules and regulations that are necessary to a full carrying out the intentions of this Act; provided , this Act shall only be construed as granting the authority to the mayor and council to issue water-works bonds in so far as it relates to that matter, and the election on the question of the issuance of such bonds shall be held under the general statute of this State regulating issuance of bonds by municipalities. General powers as to carrying out this Act etc. SEC. VIII. Be it further enacted, That all laws and parts of law in conflict with this Act be, and the same are, hereby repealed. Approved October 9, 1891.

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INCORPORATING THE TOWN OF DENNARD. No. 601. An Act to incorporate the town of Dennard, in Houston county, and to provide for the election of mayor and council, marshal and clerk, and to define their powers and duties, and for other purposes. SECTION I. Be it further enacted by the General Assembly of Georgia, and it is hereby enacted by the authority aforesaid, That from and after the passage of this Act, the town of Dennard, in the county of Houston, shall be incorporated under the name and style of the town of Dennard, by which name it shall sue and be sued, plead and be impleaded. Corporate name and general powers. SEC. II. Be it further enacted by the authority aforesaid, That the corporate limits of said town shall be as follows: The corporate limits of said town shall extend one-third mile from the Houston Factory building in said town; that is, said corporate limits shall commence at the center of the building aforesaid, and extend in one-third mile north, south, east and west, so as to include all of the territory in every direction within one-third mile from the center of the building aforesaid, which, after the passage of this Act, shall be known as the corporate limits of said town. Corporate limits. SEC. III. Be it further enacted by the authority aforesaid, That on every first Saturday in November in each year there shall be an election held for the election of mayor and four councilmen, whose terms shall be for one year, which election shall be conducted in the same manner as an election for members of the General Assembly in this State, and each person, residing within the corporate limits of said town, who shall be qualified to vote for members of the General Assembly in this State, shall be a qualified voter in such elections for councilmen, and the person or persons who shall receive the highest number of votes for either of the above named offices shall be duly elected; provided , that marshal and clerk herein provided for shall be elected by the council immediately upon their election, or as soon thereafter as practicable, whose terms shall be for one year, or until their successors are elected and qualified. Municipal election, etc. Election and term of subordinate officers. SEC. IV. Be it further enacted by the authority aforsaid, That said mayor and council shall have power annually to fix the salaries of the officers of said town, and to levy and collect a tax on all the property within said town, subject to taxation for county purposes, not to exceed one-tenth of one per cent.;

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to cause to be worked all streets, roads and alleys in said town by all persons resident therein subject to road duty under the laws of this State, and to fix a commutation tax to be paid by all such persons in lieu of working on such streets; and the residents of said town shall not be required to work any roads outside the corporate limits. Said mayor and council shall have power to make and establish any and all such by-laws, rules and ordinances as they may deem necessary for the government of said town which are not inconsistent with the laws and Constitution of this State. Salaries. Ad valorem tax. Street working and tax. By-laws, ordinances etc. SEC. V. Be it further enacted, That said mayor and council shall have power and authority, in addition to the ad valorem tax above provided for, to levy and collect a special tax upon all billiard or pool tables, ten-pin or nine-pin alleys, and upon all tables and alleys of any kind whatever not forbidden by law, used for the purpose of playing on with balls or pins, or both, within said town. They shall also have authority to levy and collect a tax upon all circuses, sleight of hand performances, theatrical exhibitions and other shows which may exhibit within said town, such taxes to be for each exhibition, and to be collected, if not voluntarily paid, by execution, levy and sale, as provided in this charter for the collection of other taxes. They shall have authority also to levy and collect a license tax upon any and all business occupations carried on in said town. Special taxes. License tax. SEC. VI. Be it further enacted by the authority aforesaid, That the mayor shall have the same jurisdiction and authority as have Justices of the Peace in this State to bind over offenders that may be brought before the mayor, or any member of the council, when it shall appear that the offence is a violation of any State law committed within the corporate limits of said town. Mayor ex officio justice of the peace. SEC. VII. Be it further enacted by the authority aforesaid, That nothing in this Act shall be so construed as to give the town authorities, or any other authorities, the right to grant license to sell intoxicating liquors in any quantity within said town limits. Sale of liquor forbidden. SEC. VIII. Be it further enacted by the authority aforesaid, That there shall be no taxes collected on property for the year 1891. No property tax for year 1891. SEC. IX. Be it further enacted by the authority aforesaid, That the mayor shall be the chief executive officer of said town. He shall see that all the laws and ordinances of said town are faithfully executed; shall receive such compensation as the mayor and councilmen by ordinance may provide preceding

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his election, and which shall not be changed during the time for which he is elected. Before entering on the duties of his office he shall duly subscribe to the following oath before some officer authorized by law to administer such oath, and which shall be spread upon the minutes of the records of said mayor and councilmen: I,....., do solemnly swear (or affirm) that I will, to the utmost of my ability, discharge the duties of mayor of the town of Dennard during my continuance in office, so help me God. Each councilman shall also take a similar oath as councilman before entering on his duties. Duties and powers of mayor. Oath of office. SEC. X. Be it further enacted by the authority aforesaid, That the mayor shall be ex officio presiding officer of said council, but shall have no vote except in case of a tie. The council may select one of their number to preside in the absence of the mayor, who also, while acting as mayor, shall also be deprived of voting on all issues that may come before the council except in casting the deciding vote in case of a tie. Mayor presiding officer of council, etc. Mayor pro tem. SEC. XI. Be it further enacted by the authority aforesaid, That the mayor and council shall be entitled to fix the time of their regular meetings or sessions, and the mayor or acting mayor shall have the power to convene the council in special meetings or sessions, whenever, in his judgment, the exigencies of the case require it, or upon the joint request of two councilmen the mayor shall call special sessions of said council. Council meetings. SEC. XII. Be it further enacted by the authority aforesaid, That the mayor, or in his absence, the presiding officer of council, or any other member of the council designated for that purpose, shall have full power and authority to hold at such times and places, and under such regulations as may be prescribed by ordinance, a mayor's court for the said town, for the trial of offenders against the ordinances of said town, and to impose such penalties for the violation thereof as may be prescribed by ordinance, a fine for each offence not exceeding fifty dollars ($50) or imprisonment not exceeding thirty (30) days in the town prison, or be put to hard labor on the streets or public works of said town, or both fine and imprisonment, or fine and hard labor on the streets and public works of said town. Mayor's court. Punishment of offenders. SEC. XIII. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved October 9, 1891.

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INCORPORATING THE TOWN OF CEMENT. No. 603. An Act to incorporate the town of Cement, in the county of Bartow, to appoint commissioners for the same, declare their powers, and for other purposes. SECTION I. Be it enacted by the General Assembly of Georgia, That George II. Waring, John L. Shelton and Fred II. Waring be, and they are, hereby appointed commissioners of the town of Cement, in Bartow county, with full power and authority to make and pass such by-laws and ordinances not repugnant to the Constitution and laws of this State for the preservation of good order; provided , that no power is hereby conferred on said corporation to authorize the sale of spirituous, malt or intoxicating liquors, which is forever forbidden therein. Commissioners appointed. By-laws, ordinances etc. Sale of liquors forbidden. SEC. II. Be it further enacted by the authority aforesaid, That the corporate limits of said town shall be all that portion of land lots numbers one hundred and eighty-eight (188) and one hundred and seventy-three (173) and one hundred and seventy-two (172), lying on the east side of the Western and Atlantic Railroad, and seven (7) acres of land lot number one hundred and fifty-nine (159), being in the southwest corner of said land lot number one hundred and fifty-nine (159), lying on the east side of the Western and Atlantic Railroad, bounded on the north and east by the land of John Coker, and on the west by the Western and Atlantic Railroad, thereby forming the corporate boundary of said town. Corporate limits. SEC. III. Be it further enacted by the authority aforesaid, That the commissioners herein named shall be residents of the aforesaid town, and shall as soon as convenient appoint one of their own number president of the board, who shall be ex officio a justice of the peace, with the authority to issue warrants, to commit offenders or bail them for offences committed within the corporate limits of said town, and that the commissioners herein named shall hold their offices until the first Saturday in December, 1892, or until their successors are elected and qualified. An election shall be held in the said town of Cement on the first Saturday in November, 1892, for three commissioners, and all persons entitled to vote for members of the General Assembly, who may have resided in the said town for thirty (30) days next preceding their election, shall be entitled to vote for said commissioners, and said commissioners shall be elected annually thereafter in like manner,

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and shall be installed at the first regular meeting after the election. President of Board of Commissioners ex officio justice of the peace. Term of office of first board. Elections, etc. SEC. IV. Be it further enacted by the authority aforesaid, That the said Board of Commissioners, or a majority of them, shall hold their meetings at such time and place as they may think proper; and they shall have the power to tax shows of any kind for the purpose of gain; to levy such tax, not to exceed twenty (20) per cent. of the State tax, on real and personal property for the benefit of said town. They shall also have power to call out all the citizens of said town, who are subject to road duty under the laws of Georgia, to work the roads, streets and sidewalks of said town for a term not exceeding five days at any one working, nor more than fifteen days during the year; or the said Board of Commissioners may receive a sum of money in lieu of said work, the amount to be specified by said Board of Commissioners and applied to such work; and all said persons shall be exempt from working other roads outside of the limits of the said town. Meetings of board. Tax on shows. Ad valorem tax. Street working and tax. SEC. V. Be it further enacted by the authority aforesaid, That the said Board of Commissioners shall have power to appoint a marshal, whose fees they shall regulate, and to appoint a treasurer, both of whom shall be sworn to discharge to the best of their ability the duties of their office. Marshal and treasurer. SEC. VI. Be it further enacted by the authority aforesaid, That the Board of Commissioners shall have power to punish by fine, not to exceed the sum of thirty (30) dollars, or by labor on the streets and sidewalks of said town not to exceed thirty (30) days, any person violating the ordinances and by-laws of said town. Punishment of offenders. SEC. VII. Be it further enacted by the authority aforesaid, That in no case shall the corporation herein created be liable in damages to any person or persons for any unlawful or unauthorized arrest or false imprisonment made or affected by the marshal or other officers of said town; but if damages are ever thus sustained, they can only be recovered out of the officer or officers whose unlawful or unauthorized conduct produced them. Corporation not liable for unlawful arrests or false imprisonment. SEC. VIII. Be it further enacted by the authority aforesaid, That the said Board of Commissioners shall have power to regulate the running at large of all horses, mules, cattle, hogs, dogs or other animals, and shall have power to enact and enforce all ordinances necessary for controlling the same, with power to take up and impound any animal running at large in violation of such ordinances, and to fine the owners thereof. Animals running at large.

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SEC. IX. Be it further enacted by the authority aforesaid, That when the president of the Board of Commissioners is presiding at any meeting of the board, he shall have power to punish for contempt by fine not to exceed five dollars ($5), or imprisonment not to exceed forty-eight (48) hours for each offence; he is authorized and required to enforce all the laws, rules and regulations of said town; to administer oaths to commissioners and all subordinate officers of said town after having taken the oath of office himself before a justice of the peace of said county. Contempts. Powers of president of board. SEC. X. Be it further enacted by the authority aforesaid, That none of the commissioners or officers herein named or provided for shall receive any pay, salary or emoluments whatever for their services, but shall serve without pay. Officers to serve without pay. SEC. XI. Be it further enacted by the authority aforesaid, That in case of the death or resignation of any commissioner, his successor shall be elected by the people to fill such unexpired term of office made vacant by such death or resignation, notice of such election being given by the remaining commissioner or commissioners, and posted in a conspicuous place within the corporate limits of said town two weeks before the date of such election, and within thirty days after such death or resignation. Vacancies. SEC. XII. Be it further enacted by the authority aforesaid, That all laws or parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved October 9, 1891. NEW CHARTER FOR ARLINGTON. No. 608. An Act to provide a new charter incorporating the town of Arlington, in the counties of Calhoun and Early, and to repeal the present charter and to grant certain powers and privileges to said town, and for other purposes. The General Assembly of the State of Georgia do enact. That from and after the passage of this Act the Act incorporating the town of Arlington, as well as the Acts amendatory thereof, be, and the same are, hereby repealed, and the charter of said town shall read as follows: SECTION I. Be it enacted, That the municipal government of the town of Arlington shall consist of a mayor and five (5) aldermen who are hereby constituted a body corporate under

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the name and style of the mayor and council of the town of Arlington and by that name and style shall have the perpetual succession, and shall by said name be capable to sue and be sued in any court of law or equity in this State, plead and be impleaded and do all other acts relating to their corporate capacity, and shall be capable in law to purchase, hold, receive, enjoy and possess, and to retain for the use and benefit of said town of Arlington in perpetuity, or for any term of years, any estate, real or personal, lands, tenements, hereditaments of what kind or nature soever within the limits of said town, and to sell, alien, exchange or lease the same or any part thereof, or convey the same or any part thereof, in any way whatsoever. Municipal government. Corporate name and general powers. SEC. II. Be it further enacted, That the corporate limits of said town shall extend one-half mile in every direction from the depot of the Southwestern Railroad in said town. Corporate limits. SEC. III. Be it further enacted, That N. A. Beckcom, mayor, J. S. Collins, S. T. Nance, D. A. Carter and G. W. Harrison, aldermen, the present incumbents, shall constitute the mayor and Board of Aldermen of the town of Arlington under the provisions of this charter until an election shall be held; that an election shall be held at the council chamber, or such other place as the mayor or mayor pro tempore of said town shall direct and designate, on the first Tuesday in September, 1892, and on the first Tuesday in September in each year thereafter for mayor and five aldermen who shall hold their offices for one year, or until their successors are elected and qualified, and should there fail to be an election held in said town at the time above specified from any cause whatever, the mayor of said town shall order an election held in said town by posting a notice in three public places in said town. Said notices shall be posted ten days before said election. The polls at said election shall not be opened before nine o'clock A. M. and shall be closed at four (4) o'clock P. M. The qualifications of voters at said elections shall be such as are required for electors for the General Assembly, and, in addition thereto, residence within the corporate limits of said town for six (6) months next preceding the election and the payment of all legal taxes required of them by said corporation, and registration as hereinafter provided. Temporary mayor and aldermen. Elections, etc. SEC. IV. Be it further enacted, That said election shall be held under the superintendence of a Justice of the Peace and two freeholders, or three freeholders; said superintendents to take an oath for the due and legal performance of their said

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duties as such superintendents, and to have all the powers incident to superintendents, of elections in this State. In case the managers shall have any reasonable doubt as to the qualifications of any voter, or should any vote be challenged, they shall administer the following oath: You do swear that you are a citizen of the State of Georgia; that you have attained the age of twenty-one years; that you have resided one year in this State and for the last six months within the corporate limits of the town of Arlington, and have paid all taxes legally required of you by said town of Arlington, so help you God. Election managers. Oath of challenged voters. SEC. V. Be it further enacted, That the superintendents of said election shall conform to the laws governing elections in this State in so far as they are applicable to said elections, and shall only declare the result of said election, and shall issue certificates of election to such persons as received the highest number of votes polled, who shall, within ten days from said election, qualify by taking an oath to well and truly perform the duties of their respective offices before an officer authorized in this State to administer oaths; said oath shall be filed with the clerk of council, which oath, with a list of voters and tally sheet, shall be entered of record on the minutes of council; provided , that in the event of the filing of a contest to said election, the parties whose election is contested shall not exercise the duties of his office until said contest shall have been heard and determined by the Ordinary of Calhoun or Early county, who shall hear and determine all contests under such rules and regulations as the council may prescribe, and the decision of said Ordinary shall be final. General regulations as to elections, etc. Contested elections. SEC. VI. Be it further enacted, That at the first meeting of said council in each year they shall choose from their own number a mayor pro tempore , who shall in the absence, sickness or disqualification of the mayor, perform all the duties required of the mayor, and in case of the absence, sickness or disqualification of the mayor the mayor pro tempore shall be clothed thereby with all the rights, privileges and duties of the mayor elect when and during the sickness or absence of the mayor, upon taking the usual oath, and not otherwise, and if the mayor pro tempore , as well as the mayor elected by the people, shall both be unable from any cause to attend to their duties, the council shall elect another mayor pro tempore who shall thereby be clothed with all the powers, rights and duties of the mayor of the town upon taking the usual oath. Mayor pro tem. SEC. VII. Be it further enacted, That in case of the death, resignation or removal from office, or removal from town

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of the mayor, the mayor pro tempore shall order an election to fill said vacancy as is prescribed in section 3 of this Act, and in case of a vacancy in the Board of Aldermen arising from any cause as above mentioned, said vacancy shall be filled by an election to be ordered by the mayor or mayor pro tem. as the case may be, in the same manner as is prescribed in section 3 of this Act, as in case of failure to hold an election. Vacancies. SEC. VIII. Be it further enacted, That no person shall be eligible to any office under this Act who is not eligible as a voter at the election aforesaid, and any officer of said incorporation who shall be guilty of malpractice or abuse of the powers confided to him shall be subject to indictment in the Superior Court, and on conviction shall be fined not less than fifty nor more than five hundred dollars (said fine to be paid over to the treasurer of said town, and appropriated to the use of siad town), or be imprisoned not to exceed six months in the discretion of the court, and upon said conviction said party shall be removed from office. Qualifications for office. Malpractice in office. SEC. IX. Be it further enacted, That said mayor and aldermen shall have power and authority to elect such marshal and clerk and treasurer and other officers as they may deem necessary for the purpose of carrying into effect the provisions of this Act and the powers hereby conferred upon them, and to prescribe the fees and pay of such subordinate officers, and to require such bonds for the faithful performance of the duties of such officers as they may deem necessary and proper. They shall have power to suspend, remove from office or punish them for a breach or neglect of duty, or to suspend or remove them from office for incapacity to discharge their respective duties from any cause. Subordinate officers. SEC. X. Be it further enacted, That said corporation shall have and enjoy all the rights, privileges and powers incident to such corporations not repugnant to the Constitution of the United States, the Constitution of this State and the laws made in pursuance thereof, and said corporation, by their mayor and aldermen, shall have full power and authority to enact and enforce all ordinances, by-laws, rules and regulations necessary for the good government of said town and securing the health of the inhabitants and protection of property thereof; and that may be necessary to carry this Act into full effect, and all ordinances, by-laws, rules and regulations now in force in said town, not inconsistent with this Act, are hereby declared valid and of force until amended or repealed by said mayor and aldermen of said town. General municipal powers.

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SEC. XI. Be it further enacted, That the mayor or mayor pro tem. of said town shall hold a police court in said town at any time for the trial and punishment of all violators of their ordinances, by-laws, rules and regulations of said town, the punishment inflicted not to exceed a fine of one hundred dollars ($100.00), or in default of the payment of said fine and the cost by labor on the streets of said town or public works of said town not to exceed sixty days, or confinement in the common jail of the said town not to exceed sixty days. Police court. Punishment of offenders. SEC. XII. Be it further enacted, That the mayor and other officers shall receive such pay and compensation as the mayor and council shall deem proper, but their compensation shall not be increased or diminished during their term of office. Compensation of officers. SEC. XIII. Be it further enacted, That the mayor and aldermen of said town shall have exclusive power and authority to control and direct the sale of ardent spirits, malt liquors, wines, beer, cider and all other intoxicants within the corporate limits of said town; to issue license for the sale of said articles and charge for the same a sum not less than five hundred dollars on each barroom, to be fixed by said mayor and council; to impose such restrictions, charges, conditions and penalties as they, or a majority of them, may deem proper, whenever the exercise of the powers herein granted shall not be repugnant to the Constitution or laws of this State. Sale of liquors. SEC. XIV. Be it further enacted, That said mayor and aldermen shall have power and authority to levy and collect a specific tax of not exceeding ten dollars for each profession or place of business upon all professions (not exempt by the laws of this State from town and city tax), all businesses of a mercantile character, also all hotels and public boarding houses, all livery stables; also upon all persons engaged in hauling for hire with any cart, dray, wagon, hack, omnibus or other like conveyance within said town of Arlington; also on itinerant traders. Said mayor and aldermen shall provide by ordinance the time, rules and regulations under which said specific tax shall be paid, and also the amount of same. Said tax may be collected by execution, levy and sale as in other cases. Specific taxes. SEC. XV. Be it further enacted, That said corporation shall have full power and authority to assess and levy and collect taxes upon the real estate and personal property within the corporate limits of said town as they shall deem necessary for the support and government of said town, not inconsistent with the laws and Constitution of this State; provided , said ad valorem tax shall not exceed one-half of one per cent., and also

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collect such tax on trades, business occupations, theatrical exhibitions or other performances exercised, performed or exhibited within the corporate limits of said town as may be deemed proper, and to fix and collect such tax on circuses, menageries and all shows of domestic or wild animals as may be deemed proper by said mayor and aldermen. Ad valorem tax. Business taxes, etc. SEC. XVI. Be it further enacted, That the mayor and aldermen of said town shall have full power and authority to remove, or cause to be removed, all buildings, porches, steps, fences or other obstructions or nuisances in the public streets, lanes, alleys, sidewalks or public squares of said town; also to license, regulate and control all taverns, restaurants, boarding houses and public houses in said town; to regulate all butcher pens, tan yards, blacksmith shops, forges, stoves and chimneys within said town, and to remove, or cause to be removed, the same, or any of them in case they should become dangerous or injurious to the health of any citizen of the town, or become nuisances, and also to fill up all pits, cellars and excavations in said town, or cause the owner to do so, when the council shall deem the same necessary to be done; also full power to regulate and control all pumps, wells, livery stables, fire companies and engines, or any apparatus of like character within said town. Obstructions and nuisances. Taverns, restaurants, etc. Butcher pens, blacksmith shops, etc. Pits, cellars, etc. Pumps, wells, etc. SEC. XVII. Be it further enacted, That all males over the age of sixteen years and under the age of fifty years, who have resided in said town ten days, shall be subject to work the streets and roads of said town not exceeding fifteen days in each year, or to be taxed therefor as the council may direct or determine, as a commutation tax, not to exceed three dollars per year, and the mayor and council shall have full power and authority to call out each and every male person within the jurisdiction of said corporation subject to street duty, who shall be compelled to do road and street duty according to the laws of this town; and the said mayor and aldermen shall have full power and authority to punish defaulters by a fine of not more than two dollars per day for each day's default, and in default of the payment of said fine to work upon the streets or public works of said town not less than ten or more than thirty days, or the mayor and aldermen shall have the power to levy and collect a tax in lieu of such road and street duty from all persons subject thereto, and no person who shall be indebted to said town in any tax, fine, fee or assessment shall be allowed to vote at any election held under this charter. Street working and tax. SEC. XVIII. Be it further enacted, That the mayor and council of said town shall have full power and authority to

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open and lay out, to widen, straighten or otherwise change streets and alleys in said town. Whenever the mayor and aldermen shall exercise the power above delegated, they shall appoint two freeholders and the owner or owners of lots fronting on said streets or alleys shall, on five days' notice, appoint two freeholders who shall proceed to assess the damages sustained or advantages derived by the owner or owners of said lots in consequence of the opening, widening, straightening or otherwise changing said streets and alleys; and in case said assessors cannot agree, they shall select a fifth freeholder, the said assessors to take an oath that they will faithfully discharge their duties, and either party to have the right to enter an appeal to the Superior Court of Calhoun or Early county, as the case may be, within ten days from the rendition of said award under the same rules and regulations as govern appeals from the justice courts. Opening, etc, streets, etc. Condemnation of private property. SEC. XIX. Be it further enacted, That any of the officers of said incorporation who may be sued for any act done in his or their official capacity or character may justify under this Act. Municipal officers may justify under this Act. SEC. XX. Be it further enacted, That the mayor as such, or mayor pro tem. when presiding at any meeting of the board of council, or holding a police court, shall have power to punish for contempt by fine not exceeding five dollars, or imprisonment not to exceed twenty-four hours for each offence, or may imprison in default of the payment of said fine for twenty-four hours in the discretion of the officer presiding. Contempts. SEC. XXI. Be it further enacted, That the mayor and aldermen of said town sitting as a board of council shall have power to lay off, vacate, close, open, alter, curb, pave, drain and keep in good order and repair the roads, streets, sidewalks, alleys, cross-walks, drains and gutters for the use of the public or any of the citizens thereof, or to drain any pond or ponds that might be injurious to the health of citizens of said town; that no money shall be expended for drainage outside of the town except by written consent of two-thirds of the freeholders; to protect divine worship; to regulate the keeping of gunpowder and other combustibles; to fix and establish fire limits, and from time to time to enlarge, restrict or change the same, and to make such rules and regulations and pass all such ordinances and enforce the same as may be deemed necessary by the council for the proper enforcement of this Act. Curbing, paving, drainage, etc., streets sidewalks, etc. Divine worship. Combustibles. Fire limits. SEC. XXII. Be it further enacted, That the marshal of said town, the mayor or any alderman may arrest without warrant any person guilty of a violation of any ordinance of said town

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and bring the offender before the mayor or mayor pro tem. for trial, and to this end may summon any of the bystanders a posse to assist in such arrest. When brought before the mayor or mayor pro tem. , a written or printed accusation shall be preferred against the offender in manner and form as follows: State of Georgia, town of Arlington. I,....., marshal of said town, charge and accuse..... of the offence (here state the offence), contrary to the laws of said town, the peace, good order and dignity thereof, this the..... day of the year...... And shall be signed by the marshal or deputy, or acting marshal as prosecutor, and when such accusation is preferred the same shall be sufficient authority to hold the accused until final trial of the case; but the accused may give bond and security to appear at such other time as the case may be adjourned to, and in default of such being given, to be judged of by the mayor or mayor pro tem. , the accused may be imprisoned to await trial. If such bond be given and the accused shall fail to appear at the time fixed for the trial, the bond may be forfeited by the Board of Council, and execution issued thereon by serving defendant, if to be found, and his securities with a rule nisi at least five days before the time of hearing such rule nisi , to be signed by the clerk of council bearing test in the name of the mayor. Arrests. Accusation. Appearance bonds. Detention. Forfeiture of bond. SEC. XXIII. Be it further enacted, That all writs, processes, subp[oelig]nas, rules nisi for the forfeiture of bonds, all executions issued in behalf of the town for the collection of taxes, fines, forfeitures or for other purpose, shall be directed to the marshal of said town, and all and singular the sheriffs and the deputies of this State, signed by the clerk and bearing test in the name of the mayor of said town, and such sheriffs and their deputies are empowered and required to serve and execute all writs, processes, warrants, executions, subp[oelig]nas, etc., issued as aforesaid, when the parties or property to be proceeded against are without the corporate limits of said town of Arlington, and the marshal or deputy marshal shall serve and execute all processes, writs, warrants, executions, subp[oelig]nas, etc., issuing as aforesaid, when the parties or property to be proceeded against are within the corporate limits of said town; sales of personal or real property by the marshal or deputy marshal of said town to be made before the door of the council chamber in said town. In case of personal property, after ten days' notice of time and place of sale, the property to be sold and the process under which sale is to be made. In case of real estate, same must be advertised and

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sold in the manner provided for sale of real estate, except as to the place of sale, which shall be as aforesaid. Sales of personal property or real estate by sheriffs or their deputies shall be before the court-house door of the county where the property to be sold is; in case of personal property, to be advertised by giving ten days' notice by posting same in three public places in said county; and in case of real estate by advertising as provided by law in sheriff sales. The deed to real property of the marshal or deputy, or sheriff or deputy, made in accordance with such sale, shall as effectually pass title to the purchaser as the same existed in the defendant, and the sale of personal property shall in like manner pass title to the purchaser. All judgments or executions issued under the provisions of this Act shall be a lien, and bind all property, both real and personal, of defendants from date thereof, and shall rank and have precedence and bind all property as executions from the courts of this State, and the costs of proceedings shall be the same as for like proceedings in the Superior Courts of this State. Claims or illegalities may be interposed to such sales under the same rules and regulations as are fixed for their interposition now or may be fixed in future to broceedings in the Superior Courts of this State, and all such claims or illegalities are to be returned to the first Superior Court of the county where the proceedings are had, that sits ten days after the interposition of such claims or illegality, and there tried as other claims or illegalities are in said Superior Courts. Writs, processes, etc. Sales, etc., under executions. Lien of executions. Costs. Claims or illegalities. SEC. XXIV. Be it further enacted, That there may be an appeal from the decision of the mayor or mayor pro tem . to the Board of Councilmen in all cases, and a majority of said board shall be sufficient to hear and determine such appeal. The appellant, before appealing, must pay all costs or file an affidavit that owing to his poverty he is unable to pay costs, and there may be a certiorari to the Superior Court of Calhoun county in all cases from the decision of the Board of Council under the laws governing certiorari to said court from Justice Courts in all cases, except the decision of council upon the assessment of property of tax-payers and defaulters. Appeals. Certiorari SEC. XXV. Be it further enacted, That the mayor or mayor pro tem. and any three aldermen shall form a quorum for the transaction of business, and the mayor or mayor pro tem. shall have the casting vote, and a majority of the votes shall deter mine all questions and elections before the council, and the mayor and each alderman shall be, to all intents and purposes, a Justice of the Peace so far as to enable them, or any of them,

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to issue warrants for offences committed within the corporate limits of said town, which warrants shall be directed and executed as provided elsewhere in this Act, and to commit to the common jail of Calhoun or Early county, or to admit to bail, according to law, offenders for their appearance before the next Superior Court of Calhoun or Early county to await his, her or their trial, and it shall be the duty of the jailer of said county to receive all persons so committed and them safely to keep until the same be discharged by due course of law. Quorum, etc. Mayor and aldermen ex officio justices of the peace. SEC. XXVI. Be it further enacted, That all ordinances, rules and regulations passed by the mayor and Board of Aldermen shall, before becoming operative, be entered on the minutes or ordinance book of the Board of Council and be published at least once in some newspaper having general circulation in the town or posted at two or more prominent places in said town. Regulations as to passing of ordinances etc. SEC. XXVII. Be it further enacted, That the mayor and aldermen of said town shall have power and authority to establish a chain-gang to be worked upon the streets or at such other places in said town as they may direct, and to pass all ordinances necessary for the control to work and for the government and safe keeping of convicts, and may provide and punish for escapes in the same manner as for the violation of the ordinances for which such persons were committed. Chaingang. SEC. XXVIII. Be it further enacted, That the expenditures of the mayor and aldermen, either for improvements for the welfare of the town or for general expenses, and the compensation of the town officers shall be paid out of the town funds by an order drawn by the clerk of the council upon the town treasurer and countersigned by the mayor or mayor pro tem. of the council, out of the funds in the hands of the treasurer, who shall keep a book in which he shall make an entry of all sums of money paid out and to whom and for what purpose, which book shall at all times be subject to the inspection of the mayor and aldermen of said town, or any or either of them, and likewise shall entries be made of all sums of money paid into the hands of the treasurer by the provisions of this Act, and the same shall and is hereby directed to be a fund for the exclusive use of said town. Payment of expenditures, etc. SEC. XXIX. Be it further enacted, That this charter is a continuation of the old corporation of the town of Arlington, in so far as relates to the debts, contracts and property of the old corporation until repealed by ordinances under the new charter, and that the mayor and council be prohibited from contracting any debt except for the necessary current expenses of the town. This charter continuation of old. Contracting debts.

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SEC. XXX. Be it further enacted, That it shall be the duty of all the tax-payers and owners of taxable property within said town, and they and each of them, either by themselves or any agent, are hereby required to make annual returns under oath to the clerk of council in said town, or to such other officers as the mayor and aldermen of said town may appoint for said purpose, at such time as said mayor and aldermen may limit, of all their taxable property, trades, business occupation or profession in said town, held in their own right or in the right of any other person, and in case any person or persons shall fail or refuse to make such returns, or shall make any returns deemed incorrect by the mayor, said mayor may assess the property of such person, and may fix such value thereon as he may deem correct and just. If any owner of property thus assessed by the mayor of said town shall feel aggrieved by the assessment so made by him, he may appeal to the council of said town, who may make such reduction as to them may seem just and reasonable, and the decision of said council in fixing the value of said property shall be final. Tax returns. Tax assessments. Disputed valuation. SEC. XXXI. Be it further enacted, That no person holding office under this charter shall, during the term for which he was elected or appointed, or while in office, be capable of contracting with such corporation for the performance of any work which is to be paid for out of the treasury; nor shall any such person be capable of holding or having any interest in such contracts, either by himself or another, directly or indirectly. Officers may not be interested in town contracts, etc. SEC. XXXII. Be it further enacted, That the mayor and aldermen of said town shall have full power, whenever they may deem necessary, to require railroads in said incorporate limits to make crossings on their several roads for the convenience of the traveling public, and to keep the same open for travel, and to pass all ordinances needful for the carrying out of the provisions of this section; and in case said railroads shall fail or refuse to make said crossings when notified so to do, the mayor and council shall have power to put the same across such railroads at the expense of said railroads, and may issue their executions and levy and collect the same as is provided for in section 23 of this Act in the matter of issuing, directing, levying and selling property of individuals. Railroad crossings. SEC. XXXIII. Be it further enacted, That the mayor or mayor pro tem. , while acting as mayor, shall have the right to vote upon all questions before the council when said vote is a tie; and said mayor and mayor pro tem. shall also have the

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right to veto any measure passed by the council, which veto must be filed in writing within four days after the passage of such measure and be entered of record on the minutes of council, and said measure shall not be effectual until passed over said veto by a vote of three members of the council at the first or second regular meeting of council after said veto, and not thereafter. Mayor may vote in case of tie. Veto. SEC. XXXIV. Be it further enacted, That all previously granted charters and amendments thereto to said town of Arlington be, and the same are, hereby repealed by this Act; and all laws and parts of laws militating against this Act be, and the same are, hereby repealed. Previous charters and amendments repealed. Approved October 9, 1891. AMENDING CHARTER OF BUFORD. No. 614. An Act to repeal the Act approved October 7, 1885, entitled An Act to amend an Act entitled an Act to amend an Act entitled an Act to incorporate the town of Buford, in Gwinnett county, so far as relates to the sale of spirituous, malt, vinous or other intoxicating liquors in said town, and for other purposes, approved February 27, 1874, and also to repeal said Act approved February 27, 1874, and to enact in lieu of said mentioned Acts, that from and after the passage of this Act the original charter of the town of Buford, in Gwinnett county, be so amended as to prohibit the manufacture or sale, barter or exchange of any intoxicating liquors of any kind, spirituous, vinous or malt, within the corporate limits of said town, to provide a penalty for the same, and for other purposes. SECTION I. The General Assembly do enact, That from and after the passage of this Act, the Act approved October 7, 1885, entitled an Act to amend an Act entitled an Act to amend an Act entitled an Act to incorporate the town of Buford, in Gwinnett county, so far as relates to the sale of spirituous, malt, vinous or other intoxicating liquors in said town, and for other purposes, approved February 27, 1874, be, and the same is hereby repealed; and said mentioned Act, approved February 27, 1874, is also hereby repealed, and the original charter of said town of Buford, contained in an Act entitled an Act to incorporate the town of Buford, in Gwinnett county, and to appoint commissioners for the same, and to point out the mode

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of electing commissioners, etc., and for other purposes, approved August 24, 1872, be, and the same is, hereby amended, so as to provide that from and after the passage of this Act it shall be unlawful for any person, firm or corporation to sell, barter or exchange intoxicating liquors of any kind, spirituous, vinous or malt, within the corporate limits of said town. Acts of Oct. 7, 1885, and Feb. 27, 1874, repealed. Act of Aug. 24, 1872, amended. So as to forbid sale, etc., of liquors. SEC. II. Be it further enacted by authority of the same, That any person violating the provisions of this Act shall be deemed and held guilty of a misdemeanor, and on conviction shall be punished as prescribed in section 4310 of the Code of Georgia of 1882. Penalty. SEC. III. Be it further enacted by authority of the same, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved October 10, 1891. BONDS FOR WATER-WORKS FOR TOWN OF PERRY. No. 624. An Act to authorize and empower the mayor and aldermen of the town of Perry, Georgia, to issue bonds to the amount of $5,000.00 and dispose of the same for the purpose of boring an artesian well in said town for establishing water-works in said town, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act, the mayor and aldermen of the town of Perry, Georgia, are hereby authorized and empowered, upon a two-thirds' vote of the qualified voters of said town favoring the same, at an election to be held at such time as said mayor and aldermen may prescribe, and under such rules and regulations as govern the election of mayor and aldermen of said town, to issue bonds to the amount of $5,000.00 and to sell and dispose of the same through three commissioners to be appointed by said mayor and aldermen on such terms as said mayor and aldermen may deem proper, the proceeds to be used to bore an artesian well in said town, and establish a system of water-works for said town, the water from said well to be used or the water from Big Indian creek to be used, if said well does not furnish sufficient water. Authority given to issue bonds if assent of people obtained. Amount of bonds. Use of proceeds. SEC. II. Be it further enacted, That said bonds shall be in such form as said mayor and aldermen may prescribe, and of such denominations as said mayor and aldermen may designate,

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and shall be signed by the mayor and the treasurer of the council of said town and shall bear such interest, not more than eight per cent. per annum, as may be determined on by said mayor and aldermen; that said bonds shall mature at such date as said mayor and aldermen may designate; provided , that said date shall be not more than thirty years from the date of issue; and provided further , that at or before the time of issuing said bonds or incurring said bonded indebtedness said mayor and aldermen shall provide for the assessment and collection of an annual tax sufficient in amount to pay the principal and interest of said debt within or at such date as said bonds may become due and payable. Denomination, rate of interest, maturity etc., of bonds. Tax to pay bonded debt. SEC. III. Be it further enacted, That at said election those favoring the objects of this bill shall have printed or written on their ballots the words for water-works, and those opposing the words against water-works; that the said mayor and aldermen shall determine the result of said election, and the mayor shall publish the result one time in the newspaper published in said town. Ballots to be used at the election. Determination and publication of result. 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 10, 1891. AMENDING CHARTER OF TYBEE. No. 637. An Act to amend the charter of the town of Tybee, so as to empower and direct the mayor and councilmen of said town to permanently alter, change, lay-off, regulate, fix and plat the lines, dimensions and boundaries of the street or way known as the strand; and also to empower and authorize said the town of Tybee, by action of its mayor and councilmen, after the establishment of the said strand, its lines, boundaries, course, limits and dimensions, to grant, sell and convey by ordinances, upon such terms as may be agreed upon between the said mayor and councilmen and the respective owners of lots fronting on such strand, the portion of such strand, if any, between the new line thereof and the front line of said lots; the proceeds of such sales to be applied to the corporate uses and purposes of said town, and for other purposes connected therewith. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act, the

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charter of the town of Tybee, embraced in an Act to incorporate the town of Ocean City, on Tybee Island, in Chatham county, to grant certain powers and privileges to the same, and for other purposes (approved October 15, 1887), and the amendatory Act, entitled an Act to amend an Act entitled an Act to incorporate the town of Ocean City, on Tybee Island, in Chatham county, to grant certain powers and privileges to the same, and for other purposes (approved December 26, 1888), be, and the same is, hereby amended by adding thereto the following, viz.: The mayor and councilmen of the town of Tybee are empowered and directed to permanently alter, change, lay off, regulate, fix and plat the lines, dimensions and boundaries of the street or way known as the strand; and the said the town of Tybee, by action of its mayor and councilmen, is also empowered and authorized after the establishment of the said strand, as aforesaid, its lines, boundaries, course, limits and dimensions to grant, sell and convey by ordinances duly passed, upon such terms as may be agreed upon between said mayor and councilmen and the respective owners of lots fronting on such strand, the portion of such strand, if any, between the new line thereof as fixed by said mayor and councilmen, as aforesaid, and the front line of said lots. The proceeds of such sales shall be applied to the corporate uses and purposes of said town. Act of October 15, 1887, and Dec. 26, 1888, amended. Town to fix, plat, etc., lines, etc., of the street known as the Strand. And authorized to sell portions of the Strand between new line and lots fronting on it. Use of proceeds. 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 10, 1891. AMENDING CHARTER OF WEST END. No. 644. An Act to amend an Act amending the Act to charter the city of West End, approved November 1, 1889, so as to provide as follows: To require street car companies operating cars with electricity to pave the space between the rails and six inches on the outside of the rails, whether they have single or double track; to authorize the mayor and council to levy and collect an ad valorem tax of three-fourths of one per cent. upon the value of all the taxable property in the city. SECTION I. Be it enacted by the General Assembly of Georgia, That section 33 of an Act to amend an Act to charter the city of West End, in Fulton county, Georgia, approved November

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1, 1889, be, and the same is, hereby amended as follows: The words the width of their track and three feet on each side thereof shall be stricken, and in lieu thereof shall be inserted the words the space between their rails and six inches on the outside of the rails, whether they have single or double tracks, and by striking out the word running and inserting in lieu thereof the words operated by electricity, and by adding at the end of said section a provision in the following words, provided , that any street railroad running in said city and using any motive power other than electricity shall be required to pave the width of their tracks and three feet on each side of the rail thereof, as now provided by the charter of said city, so that when said section is amended it shall read as follows: Said mayor and council, when they deem it necessary, shall have power and authority to pave any street or public alley in said city with such material and in such manner as they may direct, the city to sustain one-third of the expense of such work, excepting that to be paid by the street car companies as provided for herein, and the remaining two-thirds to be borne at the expense of the owners of land bordering or abutting on the same by assessment thereon according to frontage thereof, the collection of such assessments to be enforced by execution as hereinbefore provided. Any street railroad operated by electricity in said city shall be required to pave the space between the rails and six inches on the outside of the rails, whether they have single or double tracks, as the city may direct, and in case of failure to begin such work in thirty days after serving the agent or other person in charge of the road with notice of such requirement, the mayor and council shall do the work and collect the cost thereof from such street railroad by execution as hereinbefore provided; provided , that any street railroad running in said city and using any motive power other than electricity shall be required to pave the width of their tracks and three feet on each side thereof as now provided by the charter of said city. Sec. 33 of Act of Nov. 1, 1889, amended. Paving by street car companies. Section as amended. SEC. II. Be it further enacted, That section 20 of an Act to amend an Act to charter the city of West End, in Fulton county, approved November 1, 1889, be, and the same is, hereby amended by striking out the words one-half of one per cent. (so often as they may occur) and adding in lieu thereof the words three-fourths of one per cent. ([frac34] of 1%), so that said section, when amended, shall read as follows: For the purpose of raising money to support and maintain and meet the expense of said city government the mayor and

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council shall have power and authority to levy and collect a street tax on all male residents of said city between the ages of twenty-one and fifty years, and an ad valorem tax on all property, both real and personal, owned, held or possessed in said city subject to taxation under the laws of this State, said ad valorem tax not to exceed three-fourths ([frac34]) of one per cent. of the value of said property; provided , that if at any time, for any special purpose, said mayor and council shall consider it expedient to levy and collect a greater percentage of tax than three-fourths of one per cent. upon the property in said city they may submit the tax rate so desired or proposed (not to exceed one per cent.) to the voters of said city, to be determined by an election held for that purpose, for which election said mayor and council shall make provision, and if a majority in number of said voters, who shall also represent a majority in value of the taxable property in the city as assessed and returned, shall by ballot give their consent to such proposed rate of taxation, the said mayor and council shall have power to levy and collect such tax. Sec. 23 amended. Rate of ad valorem tax. 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 is, hereby repealed. Approved October 13, 1891. INCORPORATING TOWN OF PIEDMONT. No. 660. An Act to incorporate the town of Piedmont, in the county of Pike, to appoint commissioners for the same, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That G. W. Warthen, J. C. Collier, J. P. Torbert, R. J. Chappel and E. W. Hawkins and their successors in office be, and they are, hereby made a body corporate and politic, under the name and style of the town council of Piedmont, and shall hold their offices till the second Saturday in January, 1892, and until their successors are elected and qualified. Corporations and corporate names. Term of first officers. SEC. II. Be it further enacted, That on the second Saturday in January, 1892, and on the second Saturday in January of each subsequent year, an election shall be held in said town for five commissioners, to serve for one year subsequent to their election and until their successors are

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elected and qualified, at which election no person shall be entitled to vote excepting residents within the corporate limits of said town who are entitled to vote for members of the General Assembly and who shall have resided in the corporate limits of said town thirty days preceding the election, at which election three freeholders, resident in said town, may preside. Municipal elections, etc. SEC. III. Be it further enacted, That the corporate limits of said town shall extend one-half a mile in every direction from the present post-office therein. Corporate limits. SEC. IV. Be it further enacted, That the town council shall, at the first meeting after their election and qualification, elect from their own number a presiding officer, who shall be styled chairman of the town council of Piedmont, and appoint a clerk, marshal and treasurer, who shall hold their office for the time they were appointed. Chairman of council and subordinate officers. SEC. V. Be it further enacted, That the persons appointed and thereafter elected as members of said town council shall, before entering upon the discharge of their duties, take an oath faithfully and impartially to discharge the duties of their office. Oath of office. SEC. VI. Be it further enacted that the said chairman shall be ex officio justice of the peace within the corporate limits of said town, so as to enable them to issue warrants for offences committed therein and to bail and commit offenders according to law. Chairman ex officio justice of the peace. SEC. VII. Be it further enacted, That a majority of said council shall constitute a quorum for the transaction of business, and shall have power to pass all ordinances to suppress gambling and all other species of crime; to impose and collect tax from all shows, billiard tables, circuses and exhibitions performing in said town for the purpose of gain; to compel all persons residents of said town who are under the laws of this State subject to road duty to work the streets of said town or pay a capitation tax for the purpose of keeping up said streets, and to pass all other ordinances necessary to promote the interest of said town and not repugnant to the Constitution of Georgia and the Constitution of the United States. They shall have power to enforce obedience to these ordinances by fine of not less than one nor more than twenty dollars, or imprisonment or work on the streets not less than one nor more then fifteen days, at their discretion. Quorum and powers of town council. Specific taxes. Street working and tax,etc. Punishment of offenders. SEC. VIII. Be it further enacted, That all laws and parts of laws in conflct with this Act be, and the same are, hereby repealed. Approved October 14, 1891.

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INCORPORATING TOWN OF WHITEHALL. No. 676. An Act to incorporate the town of Whitehall, in the county of Clarke, to confer power upon the mayor and council thereof, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act the town of Whitehall, in the county of Clarke, in this State, shall be a body corporate under the name and style of the mayor and council of Whitehall. The authority and jurisdiction of said town shall extend for a distance of three-fourths of one mile, in an air line in every direction from the factory buildings of the Georgia Manufacturing Company. The government of said town shall be vested in a mayor and four councilmen, who shall be elected annually on the first Saturday in January in each year, and all persons residing within the corporate limits of said town and who shall reside therein for one month previous to said election and are entitled to vote for members of the General Assembly shall be qualified voters in such election. Said election shall be conducted at such places within said town as may be selected by the municipal authorities, and shall be controlled in all respects, so far as applicable thereto by the laws in force regulating the election of members of the General Assembly, except that the result shall be certified to the mayor in office at the time the election takes place, and shall be by him proclaimed to the council then in office, who shall verify the same and make public through said mayor the names of the persons elected. The mayor and each councilman shall take the following oath: I do solemnly swear to discharge the duties of the office of (mayor or councilman as the case may be) to the best of my ability, so help me God. This oath the mayor or any member of the council for the previous year, or may be administered by the mayor and councilmen just elected to one another. Said corporation, under the name and style of the mayor and council of Whitehall, shall have perpetual succession, may have and use a common seal and shall be capable in law and equity to purchase, have, hold, receive, enjoy, possess, retain and sell for the use of the said town of Whitehall any estate or estates, real or personal, of whatsoever kind or nature, which may be necessary or proper for the purposes of the incorporation, and by said name shall be capable to sue and be sued in any court of

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law or equity in this State, and to contract and be contracted with. Corporate name. Corporate limits. Election of mayor and councilmen, etc. Oath of office. General corporate powers. SEC. II. Be it further enacted by the authority aforesaid, That the mayor of said town shall be ex officio a justice of the peace with authority as such throughout the corporate limits, and as such, for all offences committed within the territorial limits of said town, shall have all the authority and be able to exercise all the powers of a justice of the peace under the laws of this State. Mayor ex officio justice of the peace. SEC. III. Be it further enacted by the authority aforesaid, That the mayor and council of Whitehall shall have full power and authority to pass all ordinances respecting the streets of said town; to open and lay out the same; respecting public buildings, work house, public houses, carriages, wagons, carts, drays, itinerant traders or peddlers, pumps, wells, springs, fire engines, care of the poor, street railroads, disorderly houses or lewd houses, disorderly persons, and every other regulation or ordinance that shall appear to them necessary and proper for the security, welfare and interest of said town or for preserving the peace, health, order and good government of said town; provided , such ordinance is not in conflict with the Constitution and laws of this State or of the United States. They shall have power to regulate the sale of spirituous, vinous or malt liquors, or to prohibit the same, within the corporate limits of said town; to prohibit the running at large of any horses, mules, cattle, hogs, goats, dogs, or other domestic animals, within the corporate limits of said town, and to pass such ordinances as may be deemed by them necessary and proper for the regulation of stock within said town, and may appoint police and other officers. They shall have power to levy such taxes as they may deem necessary for the support of the government of said town in all its branches, for the repairs, construction, alterations and opening of streets, and for the acquisition of land for the same, for building, repairing and caring for public buildings and structures belonging to said town and for any other proper corporate purpose, except that the whole amount of the levy in any one year shall not exceed one dollar and a half on the thousand dollars of property taxed. They may also levy a poll tax of two dollars. General municipal powers. Sale of liquors. Animals running at large. Officers. Taxes. SEC. IV. Be it further enacted by the authority aforesaid, That the mayor of said town, or in his absence the mayor pro tem. , shall constitute a court for the trial of all offenders against the ordinances of said town, and shall hold his court at such times and places within the corporate limits as he may see proper. In the trial of offenders he shall

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have power to issue subp[oelig]nas and compel the attendance of witnesses, and have all other necessary powers to enable him to hear and determine the cases before him. He shall have power to punish for contempt of his court by a fine not to exceed five dollars or by imprisonment not to exceed one day of twenty-four hours. Persons found guilty by him of violating any ordinance of the town may be fined in any sum not exceeding one hundred dollars or may be imprisoned for any length of time not exceeding thirty days, or both fine and imprisonment may be inflicted. Any person who may be found guilty and sentenced by the mayor may appeal to the council under such rules as may be made by the council regulating appeals, and such case shall then be tried over by the mayor and council de novo , the mayor having no vote in such appeal trials except in case of a tie; but it shall be his duty to preside, or, in his absence, the mayor pro tem. shall preside. Mayor's court. Contempts. Punishment of offenders. Appeals. SEC. V. Be it further enacted by the authority aforesaid, That at the first meeting of the council after their election, in each year, they shall elect a mayor pro tem. , who, in the absence of the mayor from the town, shall act in his place and shall have all the powers and authority conferred upon the mayor himself herein, except the powers and diction of a justice of the peace conferred in the second section of this Act. Mayor pro tem. SEC. VI. Be it further enacted by the authority aforesaid, That all fines imposed under the provisions of this Act may be collected by execution, which shall be issued by the mayor, and the proper officer of said town shall be authorized to levy the same upon any property of the defendant to be found in said county of Clarke, and the same shall be sold at such place in the town of Whitehall as may be selected by the mayor and council for such purpose, after advertisement by posting notices at three public places in said town. Collection of fines by execution. SEC. VII. Be it further enacted by the authority aforesaid, That whenever there shall be an appeal to the council under the provisions of this Act from any judgment of the mayor, and said judgment is affirmed, the defendant shall be entitled to sue out a writ of certiorari to the Superior Court of the county of Clarke under the same rules and laws governing certiorari in the justice courts of this State. Any defendant who intends to sue out a certiorari may, upon the day in which the judgment is rendered by said mayor and council, give notice in writing to the mayor of such intention, which notice shall be a supersedeas for the space of ten days. Collection of fines by execution. Certiorari SEC. VIII. Be it further enacted by the authority aforesaid, That as soon as practicable after the passage of this Act an

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election shall be held for a mayor and councilmen of said town, to hold office until the election of their successors at the regular election in January, 1892. James H. Towns, Green J. Connelle and James H. Lester are hereby appointed commissioners to hold, superintend and announce the result of said election, which shall be held according to the provisions of this Act as to voters, at such time and place as the said commissioners may select, of which ten days' notice shall be given by posting notices at three public places in said town. The commissioners shall administer the oath of office to the persons elected at this election, and they shall thereupon be qualified to enter upon their duties. First election for mayor and councilmen. 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 15, 1891. AMENDING CHARTER OF MILLEDGEVILLE. No. 680. An Act to amend the several laws incorporating the city of Milledgeville and to confer certain powers upon the mayor and aldermen of said city, so that said mayor and aldermen shall have power and authority to levy and collect a license tax on all wholesale and retail dealers in spirituous, fermented or malt liquors, not exceeding one thousand dollars and not less than five hundred dollars per annum, in the discretion of the mayor and aldermen of said city. SECTION I. Be it enacted by the General Assembly, That from and after the passage of this Act the mayor and aldermen of the city of Milledgeville shall have full power and authority to levy and collect a license tax on all wholesale and retail dealers in spirituous, fermented or malt liquors not exceeding one thousand dollars and not less than five hundred dollars per annum, and issue a license to each dealer therefor, in the discretion of the mayor and aldermen of said city. License tax on liquor dealers. Amount. SEC. II. Be it further enacted, That all laws and parts of laws conflicting with this Act be, and the same are, hereby repealed. Approved October 16, 1891.

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AMENDING CHARTER OF SHARPSBURG. No. 686. An Act to amend an Act entitled an Act to incorporate the town of Sharpsburg, in the county of Coweta, and for other purposes, approved December 13, 1871, so as to define who are the qualified voters at elections in and for said town, and for other purposes. SECTION I. The General Assembly of the State of Georgia do enact, That from and after the passage of this Act that the Act entitled an Act to incorporate the town of Sharpsburg, in the county of Coweta, and for other purposes, approved December 13, 1871, be, and the same is, hereby amended by striking out the word ten in the seventh line of section 3 and inserting in lieu thereof the word thirty; also by striking out from said section 3 the phrase beginning in the seventh line with the word or, and ending in the eighth line with the word town, to-wit, or may hold freehold property within the corporate limits of said town, so that said section, when amended, will read as follows: That the commissioners herein named and appointed shall hold their appointments until the first Saturday in January, 1872, when an election shall be held in said town, superintended in the same manner as an election for Justice of the Peace, for five commissioners, and all persons entitled to vote for members of the General Assembly who may have resided within the limits of said town during the thirty days preceding the election, shall be entitled to vote for said commissioners, and said commissioners shall be elected annually thereafter in like manner. Section 3 of Act of December 13, 1871, amended. As to qualifications of voters. Section a amended. SEC. II. Be it further enacted, That all laws or parts of laws militating against this Act be, and the same are, hereby repealed. Approved October 16, 1891. INCORPORATING TOWN OF SPRINGVALE. No. 695. An Act to incorporate the town of Springvale, in Randolph county, and to provide for the election of mayor, council and clerk, and to define their powers and duties and other purposes therewith. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That the town of Springvale, in the

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county of Randolph, be, and the same is, hereby incorporated as a town under the name of the town of Springvale. Springvale Incorporated. SEC. II. Be it further enacted, That the municipal government of the town of Springvale shall consist of a mayor, three aldermen and clerk, who are hereby constituted a body corporate under the name and style of the mayor, council and clerk of the town of Springvale and by that name and style shall have perpetual succession, and shall by said name be capable to sue and be sued in any court of law or equity in the State, plead and be impleaded and do all other Acts relating to their corporate capacity, and shall be capable in law to purchase, hold, receive, enjoy and possess, to retain to them and their successors, for the use and benefit of said town of Springvale, in perpetuity or for any term of years any estate, real or personal, lands and tenements of whatever kind or nature soever within the limits of said town, and to sell, alien, exchange or lease the same or any part thereof, or convey the same or any part thereof in any way whatever. Municipal government. Corporate name and general powers. SEC. III. Be it further enacted, That the corporate limits of the town of Springvale shall extend nine hundred yards in all directions from the academy in said town. Corporate limits. SEC. IV. Be it further enacted, That the corporate powers of said town shall be vested in a mayor, three aldermen and clerk, who shall be elected on the second Saturday in January, 1892, and on the same day in each January thereafter, and that said mayor and aldermen and clerk shall hold their office for one year or until their successors are elected and qualified, and all citizens who shall be entitled to vote for members of the General Assembly, and who have resided in said corporation three (3) months previous to said election, shall be entitled to vote for said mayor, aldermen and clerk; provided , that no person who is not a resident citizen within said corporation shall be eligible to the office of mayor, aldermen or clerk in said town. Municipal elections, etc. SEC. V. Be it further enacted, That if for any cause the election provided for in the preceding section be not held on second Saturday in January in any year, such election may be held on the second Saturday in any month thereafter; provided , written notice of such election and of the time of holding the same, signed by the mayor or any other citizen of said town, shall be posted in some conspicuous place in said town at least ten days before the day of such election. Failure to hold election. SEC. VI. Be it further enacted, That before entering on the discharge of their duties as such the mayor, aldermen and clerk shall take and subscribe the following oath, which

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may be administered by any person authorized by the laws of this State to administer oaths: I do solemnly swear that I will faithfully and impartially discharge all the duties devolving upon me as mayor (or alderman or clerk) of the town of Springvale, according to the best of my ability, so help me God. Oath of office. SEC. VII. Be it further enacted, That said mayor and council shall have power and authority to elect such marshal and other subordinate officers as they may deem necessary for carrying into effect the powers herein conferred upon them and to prescribe the fees and duties of said subordinate officers and require of them such bonds for the faithful discharge of their duties as they may deem proper and necessary. Subordinate officers. SEC. VIII. Be it further enacted, That the clerk shall make a bond in the sum of five hundred dollars with good securities for the faithful performance of his duties. The bond shall be recorded on the minutes of the first meeting after his election and before he assumes the duties of his office. The bond shall be placed in hands of the aldermen. The clerk shall be treasurer, who shall keep a book in which he shall make an entry of all sums of money received and from whom, and also shall make an entry of all sums paid out and for what purposes, and shall take receipts for all sums of money paid out, which book and receipts shall be subject to the inspection of the mayor or any member of the council or any citizen of the said town at any time which he or they or any one may think proper, and all sums of money paid into the hands of the town treasurer by this Act shall, and it is hereby directed to, be a fund for the aforesaid town. Bond of clerk. Clerk to be treasurer, etc. SEC. IX. Be it further enacted, That said mayor and council shall have power to pass and make all ordinances, by-laws, rules and regulations necessary for the good government, peace and order and health of said town, and all ordinances necessary for the carrying into effect the powers herein granted; provided , they be not repugnant to the Constitution and laws of this State and of the United States. Ordinances by-laws, etc. SEC. X. Be it further enacted, That said mayor and council shall have power to levy and collect a tax of not exceeding five-eighths ([frac58]) of one per cent. upon all property, real or personal, subject to State tax within said corporation; they shall also have power to require all persons within said corporate limits, who are subject by law to road duty, to work on the streets, alleys and sidewalks of said town; but they may receive in lieu thereof such commutation fee as may be by said mayor and council prescribed, and which

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shall be used only in working and improving the streets, alleys and sidewalks of said town. Ad valorem tax. Street working and tax. SEC. XI. Be it further enacted, That the said mayor and council shall have the power to assess and collect such a business or license tax as they may see fit and proper on all kinds of business, trades, professions and occupations conducted within said corporation; also on all shows, exhibitions and performances, and on all other establishments in said town for amusements and gain. Business or license tax. SEC. XII. Be it further enacted, That said mayor and council shall have power to provide for the arrest, trial and punishment of offenders for violation of any ordinance, by-laws, rule or regulation of said town by fine, imprisonment or work on the streets of said town; provided , such fine shall not exceed fifty dollars and such imprisonment or work shall not exceed thirty days. Arrest,trial and punishment of offenders. SEC. XIII. Be it further enacted, That said mayor, and if from any cause he fails to act, the three aldermen are authorized to try and punish any person charged with violation of any ordinance of said town and to punish persons proven guilty of such violation as in section 12 of this Act. Mayor's court. SEC. XIV. Be it further enacted, That the said mayor and council shall have full power and authority to open new streets, widen old streets and otherwise to regulate, lay out, direct and control the streets and sidewalks of said town, to transplant shade trees for the purpose of beautifying the said town; that all streets, alleys, sidewalks, pavements and street crossings shall be under their control and direction and the mode and style in which all streets, crossings, side-walks and pavements shall be constructed. The said mayor and council shall have power to close any street or road the same as in opening. Opening, etc., of streets, etc. SEC. XV. Be it further enacted, That should the office of mayor or alderman or clerk become vacant it shall be the duty of the remaining members to order an election at once to fill such vacancy, such election to be held according to the manner prescribed by section 4 of this Act. Vacancies. SEC. XVI. Be it further enacted, That the mayor and council have power to provide for the collection of all moneys due said authorities as such, by executions to be issued and signed by the mayor or three aldermen and levied by the marshal of said town on the property of the defendant to be found in said county; and said marshal's levies and sales under such executions shall be made and had under the same laws which now govern the levies and sales of constables in this State, except that any personal property sold under such executions may be sold in said town,

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and that in case an illegality or claim is interposed to any such levies the same shall be returned, with all papers, to the Justice's court at the district in which said town is situated, when the matter is within Justice court jurisdiction, otherwise to the Superior Court of Randolph county. Collection of money due. Illegalities or claims. SEC. XVII. Be it further enacted, That the mayor and council shall keep or cause to be kept open to the inspection of the citizens of said town a record of its proceedings in full, as well as the acts and doings of all its officers. Minutes. SEC. XVIII. Be it further enacted, That all elections in said town shall be held under the superintendence of a Justice of the Peace and two freeholders or three freeholders, said superintendents to take an oath for the due and legal performance of their duties as such superintendents and to have the powers incident to superintendents of elections for members of the General Assembly of this State. If the superintendents shall have any reasonable doubt as to the qualifications of any voter, or should any vote be challenged, they shall administer the following oath: You do swear that you are a citizen of this State; that you have attained the age of twenty-one years; that you have resided one year prior to this election in the State of Georgia and for the last three months within the corporate limits of the town of Springvale and have paid all taxes legally required of you by said town, so help you God. Regulations as to elections. Oath of challanged voter. SEC. XIX. Be it further enacted, That M. C. Edwards be, and he is, hereby appointed mayor, and T. M. Davis, R.T. Hillman and J. L. Griffin are hereby appointed aldermen, and J. R. Edwards is appointed clerk of said town of Springvale; said mayor, aldermen and clerk to hold their office until the first annual election as hereinbefore provided and until their successors are duly elected and qualified. Temporary officers. SEC. XX. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved October 16, 1891. AMENDING CHARTER OF HAWKINSVILLE. No. 704. An Act to repeal and amend so much of the eighth section of the Act incorporating the town of Hawkinsville, Georgia, as requires citizenship in the marshal of said town to be eligible to office. SECTION I. Be it enacted by the General Assembly, and it is hereby enacted by authority of the same, That so much

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of the eighth section of the Act, approved December 8, 1882, incorporating the town of Hawkinsville, as required citizenship in the marshal of said town to eligibility to office of marshal be amended in the first line of said section by inserting after the word person, and before shall, the words except the marshal, who must be a citizen of the State of Georgia, so that said section, when so amended, shall read as follows: That no person, except the marshal, who must be a citizen of the State of Georgia, shall be eligible to any office under this Act, etc., as set forth in remainder of said section. Section 8 of Act of Dec. 8, 1882, amended. To be eligible to office of marshal one need not be resident of town. 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. INCORPORATING TOWN OF MILAN. No. 747. An Act to incorporate the town of Milan, in the counties of Telfair and Dodge, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act the following shall be the charter of the town of Milan, in the counties of Telfair and Dodge. Charter of Milan. SEC. II. Be it further enacted, That the corporate limits of said town shall extend one-half mile in every direction from the depot of the S. A. M. Railroad in said town. Corporate limits. SEC. III. Be it further enacted, That the government of said town shall be vested in a mayor and four councilmen. Government. SEC. IV. Be it further enacted, That W. H. Studstill, and he is hereby appointed mayor, and R. W. Fuller, A. Edwards, A. J. Swords and Morgan Cook are hereby appointed councilmen of said town of Milan; said mayor and councilmen to hold their office until the first Wednesday in January, 1892, when the first annual election shall be held, and until their successors are duly elected and qualified; such election to be conducted in the same manner as an election for members of the General Assembly in this State; and each person residing within the corporate limits of said town, who shall be qualified to vote for members of the General Assembly, shall be a qualified voter in such elections for mayor and councilmen, and the person or persons receiving the highest number of votes for either of the above named offices shall be declared duly elected. Temporary mayor and councilmen. Elections.

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SEC. V. Be it further enacted by the authority aforesaid, That said mayor and council shall have power, annually, to fix the salary of the officers of said town, and to levy and collect a tax on all the property within said town, not to exceed one-half of one per cent.; to cause to be worked all streets, roads and alleys in said town by all persons resident therein subject to road duty under the laws of this State, and to fix a commutation tax to be paid by all such persons in lieu of working on said streets. Said mayor and council shall have power to make and establish any and all such by-laws, rules and ordinances as they may deem necessary for the government of said town, which are not inconsistent with the laws and Constitution of this State; to punish by fine or imprisonment, or both, in the discretion of the mayor or council; provided , the fine shall not exceed ($50.00) fifty dollars, nor the imprisonment thirty days. Salaries. Ad valorem tax. Street working and tax. By-laws, ordinances etc. Punishment of offenders. SEC. VI. Be it further enacted by the authority aforesaid, That the mayor or any member of the council shall have the same jurisdiction and authority as have justices of the peace in this State to bind over offenders that may be brought before the mayor or any member of the council when it shall appear that the offence is a violation of any State law committed within the corporate limits of said town; provided , the mayor and council shall have no power or authority to grant licenses to sell spirituous, malt or intoxicating liquors of any kind in said town. Mayor and councilmen ex officio justices of the peace. SEC. VII. Be it further enacted, That said mayor and council shall have power to tax all shows, auctioneers, venders of patent medicines and sleight of hand performances, and to levy and collect such license tax on billiard tables and venders of intoxicating liquors as they may deem most to the interest of said town. Special taxes. SEC. VIII. Be it further enacted, That all male citizens, who have resided thirty days within the limits of the corporation, shall be qualified to vote at any election for officers of said town; provided , as before set forth, that they are qualified to vote for members of the General Assembly. Term of residence of voters. SEC. IX. Be it further enacted, That in case of a vacancy in any of the offices an election, as prescribed in the above section, may be held after ten days' written notice is given by the person or persons highest in authority in said council, and the person or persons elected at an election to fill a vacancy shall hold till their successors are elected and qualified. Vacancies. SEC. X. Be it further enacted, That in case the mayor, or any member of the council while in office, shall be guilty of any wilful neglect or malpractice or abuse of the power confided

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to him, he shall be cited by the clerk of council, by order of the mayor and council, to appear before the council at the next regular meeting thereafter and stand his trial, and if found guilty he shall be removed from office by a two-thirds vote of said council. Malpractice in office. SEC. XI. Be it further enacted, That no person shall be eligible as mayor or aldermen of said town, unless he be a citizen, not less than twenty-five years of age, a citizen of the United States, and shall have resided within the corporate limits of said town at least six months immediately preceding his election. Qualifications for office. SEC. XII. Be it further enacted, That the mayor and council shall have power to appoint a clerk, a treasurer, a marshal and deputies and such other officers of the town as they may deem necessary, and shall have power to regulate the mode and manner of appointing the same, determine their salaries and fees, take their bonds, prescribe their duties and oaths, remove them for breach, neglect or incapacity. Subordinate officers. SEC. XIII. Be it further enacted, That the mayor and council shall not only have power to impose fines and imprisonment for violation of this charter, or any of their ordinances, but shall also have power to cause the offender to labor on the public works, streets, sidewalks or roads of the town; provided , the labor does not exceed thirty days. Offenders may be put to work on streets, etc. SEC. XIV. Be it further enacted, That the mayor shall hold court as often as he may deem necessary; in his absence, or in cases where he is disqualified, the mayor pro tem. shall preside; when they are both absent or disqualified, any member of the council may preside. Mayor's court. SEC. XV. Be it further enacted, That they shall have power to remove any house, fence, post or other obstruction in the streets or on the sidewalks, lanes, alleys or public square, and to open new streets, widen old streets and otherwise to regulate, lay out, direct and control the streets and sidewalks of said town. Removal of obstructions. Opening, etc., of streets, etc. SEC. XVI. Be it further enacted, That all persons who work on the streets or roads of said town shall be exempt from any and all other road duty, but the council may require each male inhabitant of said town, who is subject to road duty under the laws of Georgia, to work on the streets, sidewalks and roads such length of time as in their judgment is necessary. Exemption from road duty. Who may be required to work the streets. SEC. XVII. Be it further enacted, That said mayor and council shall, before entering on their duties, take and subscribe the following oath before any person authorized to administer oaths: I do solemnly swear that I will faithfully

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discharge all the duties devolving upon me as mayor (or councilmen, as the case may be) of the town of Milan according to the best of my ability, so help me God. Oath of office. SEC. XVIII. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved October 21, 1891. PROVIDING FOR PUBLIC LIBRARY IN MARIETTA. No. 756. An Act for the establishment of a public library in the city of Marietta, and to submit the question of its establishment and support to the qualified voters thereof, and for other purposes. Whereas, Miss Eva T. Clark has donated to the city of Marietta a suitable building for the purposes of a public library, to cost not less than two thousand dollars, and placed therein a selection of about two thousand five hundred volumes of choice books, provided the city of Marietta will undertake to perpetuate and support said library, under such regulations as a Board of Trustees may direct; Preamble. SECTION I. Therefore be it enacted by the General Assembly of Georgia, That the mayor and council of the city of Marietta shall order an election to be held in said city in the same manner as elections for the mayor and council are held, on the first Wednesday in January, 1892, at which election shall be submitted the question of a public library, and those favoring a public library shall have written or printed on their ballots for public library, and those opposed will have written or printed on their ballots against public library, and should two-thirds of the ballots cast at said election be for public library, then shall the said mayor and council declare the result of said election to be in favor of the establishment and support of a public library. Election as to Public Library. SEC. II. Be it further enacted, That should said election be declared in favor of a public library, then said mayor and council are hereby authorized and empowered to levy and collect a tax on all the taxable property in said city of Marietta, in addition to the tax now authorized under the law, not to exceed one-twentieth of one per cent., to be used exclusively for the maintenance of said public library as the Board of Trustees hereinafter provided may determine. Tax to support library.

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SEC. III. Be it further enacted, That said public library shall be under the management of a Board of Trustees composed of seven freeholders, residents of said city, three of whom shall be elected in the same manner as the mayor and council of said city are elected, the first election to be held on the first Wednesday in February, 1892, at which election one trustee shall be elected for three years, one for two years and one for one year. Miss Eva F. Clark, the founder of the library, shall have the power to appoint three trusteesone for three years, one for two years and one for one year. The six trustees thus selected shall jointly elect a seventh, whose term of office shall be one year. Said Board of Trustees shall have the power of perpetuity, and at the expiration of the term of office of any one, or upon a vacancy occurring by death, resignation or otherwise, the remaining members shall fill said vacancies. Said Board of Trustees shall elect a treasurer, who shall receive from the city treasurer the funds collected for the support of said library. Said Board of Trustees shall have power to make by-laws and adopt such rules and regulations for the management and control of said library as they may determine. Board of Library trustees. Their election, etc. Their powers. SEC. IV. Be it further enacted, That all laws and parts of laws in conflict herewith be, and the same are, hereby repealed. Approved October 21, 1891. AMENDING CHARTER OF ELLIJAY. No. 771. An Act to amend the charter of the town of Ellijay in the county of Gilmer, and to confer certain powers therein named. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act, that all persons living in said town who are subject to road duty shall be required to work upon the streets of said town any number of days that the mayor and council of said town may see proper, not exceeding fifteen days in one year, or said person subject to road duty may pay into the treasury at the town of Ellijay such an amount of money as the mayor and council may deem proper by enactment. Street working and tax. SEC. II. Be it further enacted, That the mayor and council have authority to pass such ordinances as they may deem necessary to improve, pave, curb or gravel the sidewalks in

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said town, and they have authority to levy all or any portion of the cost of the same upon the adjacent property owner, which may be collected by the issuing of an execution and the levy and sale of the property of the adjacent property owner or is hereinafter provided. And said mayor and council have authority to pass such ordinances as they may deem proper, to make it a penalty to throw upon the streets or sidewalks any slops, rubbish, trash or obstacles of any kind, or any goods, wares or boxes that would impede or hinder the passage of pedestrians or vehicles. Improvement of sidewalks, etc. SEC. III. Be it further enacted, That said mayor and council have authority to pass such ordinances as they may deem proper looking to the sanitary condition of said town, and to promote the health of the same, and they may pass such ordinances as they deem proper controlling and regulating privies, hog pens, cellars and any other place or thing that would be deterimental to the health of said town, and to fill up, remove and abolish any such place when it is necessary, and to pass such ordinances making the violation of the same an offence against said town. Health ordinances. SEC. IV. Be it further enacted, That the mayor and council have authority to pass such ordinances as they may deem proper controlling, regulating and prohibiting the running at large and loose of any hogs, horses, cows or any other stock that they may deem proper to control; and to pass ordinances putting the same in pounds or making a penalty for the violation of the same. Animals running at large. SEC. V. Be it further enacted, That said mayor and council have authority to pass ordinances making it an offence against said town for the violation of any of the ordinances it may pass for the government and control of said town, and any offender may be fined for any amount not exceeding twenty-five dollars and costs, or to be confined in prison or work upon the streets of said town for any term not exceeding twenty-five days in the discretion of the mayor of said town. Punishment of offenders. SEC. VI. Be it further enacted, That the mayor of said town have authority to establish a chain-gang, and any person violating the ordinances of said town may be sentenced to work upon the streets of said town, as is provided in section 5 of this Act. Chain-gang. SEC. VII. Be it further enacted, That any person who violates any of the ordinances of said town may be arrested by the marshal of said town, either before or after a warrant has been issued, who shall be tried for the offence for which

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he or she may be charged by the mayor of said town upon a warrant being sworn out before said mayor. Upon conviction by the mayor of any person he shall, within his discretion, fine or imprison said offender, as is provided in section 5 of this Act. Arrests and trial of offenders. SEC. VIII. Be it further enacted, That the council have authority to pardon or commute any fine or sentence that may be imposed by the mayor of said town, and in the absence or refusal to act by the mayor said council may designate and appoint one of its members to act in the place of said mayor. Council may commute sentence or pardon. And may designate person to act in place of mayor. Tax executions. SEC. IX. Be it further enacted, That when any assessment for taxes or otherwise has been made by the mayor and council and any person fails or refuses to pay said tax or assessment; that the mayor of said town shall issue an execution against said person, or against the property when the owner is not known, which shall be directed to the marshal of said town, who shall proceed to levy and sell, as is now provided for sheriff's sales in Code of Georgia, 1882. SEC. X. Be it further enacted, That the marshal of said town shall receive the return of property, both real and personal, and shall lay the same before the mayor and council before an assessment has been made; that when any person or corporation fails or refuses to return its property for taxation or when property is returned below its true market value, the mayor and council may assess or raise the valuation of any property to its true market value. Tax returns. Assessment. SEC. XI. 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. AMENDING THE CHARTER OF EATONTON. No. 783. An Act to amend an Act to create a city government for the town of Eatonton, in Putnam county, and to confer upon the authorities thereof certain powers in lieu of the present town government and for other purposes, approved August 29, 1879, by repealing that portion of said Act which provides for the election of a marshal and providing for his appointment by the mayor and council, and by authorizing the mayor and council to pave the public streets of said city and assess the adjacent property owners for the payment

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thereof, by providing a more complete method of condemning private property for the public use of said city by enlarging the powers of the city authorities to punish offenders, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That section 6 of the above recited Act approved August 29, 1879, be amended by striking therefrom the first three lines thereof and inserting in lieu thereof the following: The mayor and aldermen, after qualifying, shall proceed to elect a city marshal, a majority of the whole board being necessary to a choice, the marshal so elected, so that said section as amended, shall read as follows: The mayor and aldermen, after qualifying, shall proceed to elect a city marshal, a majority of the whole board being necessary to a choice, the marshal so elected to hold his office one year or until his successor is elected and qualified; but the marshal so elected may be removed from office at any time by a majority of the whole Board of Council whenever in their opinion the interest of the city may require such removal. Upon the marshal being so removed the vacancy shall be filled by the election of some other suitable person resident in the city by the Board of Council to serve until the next regular election, unless same is removed in like manner, and a majority of the whole board shall be necessary to a choice. The Board of Council shall define the duties and fix the compensation of the marshal and the board may, if the emergency require, appoint special policemen to assist the marshal in the discharge of his duties. Sec. 6 of Act of Aug. 29, 1879, amended. Election of marshal. Section as amended. SEC. II. Be it further enacted by authority aforesaid, That section 11 of said Act be amended as follows, to-wit: By striking from the thirteenth line thereof the words and imprisonment not exceeding ten days, and in the seventeenth line thereof the words for a term not exceeding ten days, and inserting in lieu thereof the words and imprisonment not exceeding ninety days, and for a term not exceeding ninety days, so that said section, as amended, shall read as follows: To carry into effect the powers enumerated in this charter and conferred upon said mayor and aldermen singly, or when sitting as a Board of Council, and such powers as may be conferred by any future Act of the Legislature, the mayor and aldermen when sitting as a Board of Council shall have power to make and pass all needful orders, by-laws, ordinances, resolutions, rules and regulations not contrary to the laws of the State or of the United States, and may make and pass all other orders, by-laws, ordinances, resolutions, rules and regulations

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necessary to the welfare and proper government of said city, whether to carry into effect any specially enumerated power or otherwise, not inconsistent with the laws of this State or of the United States, and may prescribe reasonable fines, not exceeding one hundred dollars and imprisonment not exceeding ninety days, or either, necessary to carry into effect such orders, by-laws, ordinances, resolutions, rules and regulations as may for such purposes compel [Illegible Text], after conviction, to labor upon the streets, sidewalks or other public works in said city for a term not exceeding ninety days. Section [Illegible Text] amended. Punishment of offenders. Section as amended. SEC. III. Be it further enacted, That the following part of section 7 of said Act contained in the twenty-ninth, thirtieth, thirty-first, thirty-second, thirty-third and thirty-fourth lines thereof, to-wit: The words, In case the Board of Council and owners of any land through which any street is to be reopened or enlarged cannot agree upon the value of the land to be used, the Board of Council shall choose one citizen, and the party owning the land, or his authorized agent, one, the two to choose a third, and the three so chosen shall decide the value of the land proposed to be taken, which decision shall be final, be, and the same is, hereby repealed. Portion of section 7 repealed. SEC. IV. Be it further enacted, That the method of condemning private land for public use in said city of Eatonton shall be as follows: If the Board of Council and the land owners cannot agree upon a price for the land to be used, then each shall select a citizen, the two thus chosen to select a third, and the three thus selected shall decide the value of the land proposed to be taken, and in the event either the land owner or the Board of Council fails or refuses to select an assessor, then the ordinary of Putnam county shall select for the party failing or refusing, each party having the right to appeal to the Superior Court from the decision of the assessors. Method of condemning private property. SEC. V. Be it further enacted, That in addition to the powers already conferred herein, or by the said Act, approved August 29, 1879, the said mayor and aldermen of said city of Eatonton shall have power to pave and curb any of the streets of said city, and assess all property owners adjacent to the streets so paved or curbed such an amount as in the judgment of said mayor and aldermen is equitable and just. Authority given to pave and curb streets and assess adjacent property owners. 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 21, 1891.

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TITLE II . COUNTY OFFICERS. ACTS. Amending Act Creating Board of Commissioners for Clinch County. Amending Act Creating Board of Commissioners for [Illegible Text] County. Commissioner for Irwin County. Compensation of Commissioners for Newton County. Amending Act Creating Commissioners for Bartow County. Salaries of Commissioners for Dougherty County. Increasing Compensation of Commissioners for Liberty County. Bond of Sheriff of Liberty County. Election of Commissioners for Morgan County. Creating Board of Commissioners for Lumpkin County. Creating Board of Commissioners for White County. Creating Board of Commissioners for [Illegible Text] County. Creating Board of Commissioners for Towns County. Fixing Salary Treasurer Fulton County. Compensation of Commissioners for Brooks County. Clerk Board of Commissioners for Carroll County Authorized to Administer Oaths, etc. Terms, Appointment, etc., [Illegible Text] for [Illegible Text] County. Revising, etc., Acts as to Board of Commissioners for [Illegible Text] County. Payment of Commissioners for Lowndes County. Abolishing Board of Commissioners for Bryan County. Bond Tax-Receiver Fulton County. Compensation Treasurer DeKalb County. Amending Act as to Board of Commissioners for DeKalb County. Treasurer for [Illegible Text] County. AMENDING ACT CREATING BOARD OF COMMISSIONERS FOR CLINCH COUNTY. No. 118. An Act to amend section 8 of an Act entitled an Act to create a Board of Commissioners of Roads and Revenues for the county of Clinch, approved August 16, 1889, so as to strike out all of said section after the figures 10,000 in the next to the last line in said section, and to provide for the appointment of road commissioners, to prescribe their duties, and for other purposes. SECTION I. Be it enacted by the General Assembly of Georgia, That section 8 of the above recited Act be amended

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by striking out the words they shall appoint all road overseers in the county and enforce all road laws, in the last two lines in said section 8, and inserting in lieu thereof the following: They shall appoint a road commissioner in each militia district in the county, who shall hold office for a term of two years from date of appointment and until their successors are appointed. The said Board of Commissioners of Roads and Revenues shall enforce all road laws and see that said district road commissioners do their duty. Upon failure of either of said district commissioners to keep the roads in their respective districts in good condition and to do his full duty he shall, after not less than ten days' notice from said Board of Commissioners, be heard upon any complaint by said board, and if, in the opinion of said board, or a majority of a quorum of them, said district road commissioner has failed to do his duty in any respect, he shall be punished for a contempt by a fine in a sum not exceeding one hundred dollars, and in default of its payment that he be imprisoned in the county jail for a term of not less than thirty (30) days, so that said section, as amended, shall read as follows: Sec. 8. Be it further enacted, That said Board of Commissioners of Roads and Revenues shall have jurisdiction and control, according to law, of all property of said county of Clinch; of levying taxes, either general or special; of establishing, altering or abolishing county roads, bridges and ferries; of establishing and changing militia districts and election precincts; of ordering elections for removal of county sites; of determining all claims against the county and ordering payment of same; of examining and auditing all books and accounts of officers having the collecting, management, care, disbursement of moneys belonging to the county or appropriated for its use, and bringing them to settlement; of making and enforcing rules and regulations for the support of the poor of the county; of all sanitary regulations; of regulating peddling, etc., and fixing license for same; of determining the validity of all bonds of county officers; and shall exercise such supervision as shall secure the county against wrong-doing. It shall further be the duty of said Board of Commissioners to carefully examine the books of all county officers and report their true condition to the grand jury at each term of Clinch county court. They shall indorse all orders drawn upon the county treasurer before he shall be authorized to pay the same. They shall determine upon all applications for license to sell liquor within the county, outside of an incorporated town, and fix the cost for license; provided , they do not fix

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the said cost below $10,000. They shall appoint a road commissioner in each militia district who shall hold office for a term of two (2) years from date of appointment and until their successors are appointed. The said Board of Commissioners of Roads and Revenue shall enforce all road laws and see that said district road commissioners do their duty. Upon failure of either of said district road commissioners to keep the roads in their respective districts in good condition, and to do his full duty, he shall, after not less than ten days notice from said Board of Commissioners, be heard upon any complaint by said board, and if, in the opinion of said board or of a majority of a quorum of them, said district road commissioners has failed to do his duty, he shall be held guilty of a contempt and be fined in a sum not to exceed one hundred dollars, and in the default of the payment of the fine be imprisoned in county jail for a term of not less than thirty (30) days. Sec. 8 of Act of Aug. 16, 1889, amended. Road commissioners. Enforcement of road laws. 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 24, 1890. AMENDING ACT CREATING BOARD OF COMMISSIONERS FOR DEKALB COUNTY. No. 139. An Act to amend an Act entitled an Act to create a Board of Commissioners of Roads and Revenues for the county of DeKalb, approved December 8, 1886, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That an Act entitled an Act to create a Board of Commissioners of Roads and Revenues for the county of DeKalb, approved December 8, 1886, be so amended as to strike from the first section thereof grand jury at the spring term of said court, and substitute therefor the following words: qualified voters of each commissioner district hereinafter created by this Act, on the first Wednesday in January of each year as the term of office of each commissioner expires, the first commissioner to be elected on the first Wednesday in January, 1891, so that said section, when thus amended, will read as follows: Sec. 1. The General Assembly of the State of Georgia do enact, That a Board of Commissioners of Roads and Revenues for the county of DeKalb, to consist of five persons, is

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hereby created. Said commissioners shall be freeholders and qualified voters of said county. The first commissioners to be chosen under this Act shall be elected by the grand jury at the spring term of 1887 of DeKalb Superior Court. One commissioner shall then be elected for one year, two for two years and two for three years. As their terms expire their successors shall be elected by the qualified voters of each commissioner district hereinafter created by this Act, on the first Wednesday in January of each year as the term of office of each commissioner expires, the first commissioner to be elected on the first Wednesday in January, 1891, each for a term of three years. Said commissioners shall receive as their compensation two dollars per day of actual service out of the county treasury, to be paid by the county treasurer upon certificate of the chairman and clerk of said board. They shall elect a clerk for said commission, who may be one of their number, whose duty it shall be to keep a record of the actings and doings of the commission at the court-house in said county, and who shall receive as compensation for the performance of said duties such sum, not exceeding two hundred and fifty dollars per annum, as may be prior to his election fixed by said board for each year. Said commissioners shall give bond in the sum of one thousand dollars each, with sufficient sureties to be approved by the judge of the Superior Court of said county, payable to the Ordinary of said county of DeKalb and his successors in office, and conditioned for the faithful performance of the duties of his position as said commissioner, and shall take an oath before the judge of the Superior Court to faithfully discharge their duties. Said commissioners shall, at the first meeting of the board after the passage of this Act, elect a chairman who shall [Illegible Text] office for one year and until his successor is elected. Said chairman shall preside at all meetings of the board and shall sign all processes, notices, orders or other documents in writing requiring the official signature of said board. In his absence the board may [Illegible Text] [Illegible Text] chairman pro tempore with like powers and authority. First section of Act of Dec. 8, 1886, amended. By whom commissioners shall be chosen. Section as amended. SEC. II. Be it further enacted, That the above recited Act be further amended by adding to said Act an additional section which shall be section 7, and section 7 of said Act shall be section 8, and said additional section shall read as follows: Sec. 7. That the territory of said county shall be divided into five commissioner districts, as follows: The militia districts known as Doraville, Cross Keys, Shallowford and Brownings shall constitute the second commissioners' district and be known as the Doraville Commissioner

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District; the militia districts known as Decatur and Edgewood shall constitute the first commissioner district, and be known as the Decatur Commissioner District; the militia districts known as Stone Mountain, Clarkston and Evans shall constitute the third commissioner district, and be known as the Stone Mountain Commissioner District; the militia districts known as Lithonia, Diamonds and Redan shall constitute the fourth commissioner district, and be known as Lithonia Commissioner District; the militia district known as Mills, Panthersville, McWilliams and Phillips shall constitute the fifth commissioner district, and be known as Panthersville Commissioner District. Additional section. Division of county into five commissioner districts. 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. COMMISSIONER FOR IRWIN COUNTY. No. 211. An Act to create the office of Commissioner of Roads and Revenues for the county of Irwin; to provide for the compensation, term of office and appointment of said commissioner; to define his powers and duties; to repeal an Act entitled an Act to create a Board of Commissioners of Roads and Revenues for the county of Irwin, and for other purposes, approved October 1st, 1887, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act that the office of Commissioner of Roads and Revenues for the county of Irwin be, and the same is, hereby created and established, and that Manasseh Henderson be, and he is, hereby constituted and appointed the first commissioner as aforesaid under this Act, who shall be commissioned by the Governor as such, for a term commencing from the date of his appointment and expiring on January 1st, 1893, and shall hold and discharge the duties of said office until his successor is appointed and qualified as hereinafter provided. Office of commissioner of [Illegible Text] and [Illegible Text] created. First commissioner. His term. SEC. II. Be it further enacted, That the successor to said commissioner shall be appointed by the grand jury on the first day of its session at the September term 1892, of the Superior Court of said county, and every four years thereafter and upon the certificate of the clerk of the Superior

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Court under seal of his office, certifying the fact of said appointment to the Governor, the Governor shall commission said [Illegible Text] for the term of four years, commencing from the date of the expiration of the term of first appointee under this Act; and any vacancy occurring in the office of commissioner hereby created and appointed, or in any subsequent appointment, shall be filled by appointment made by the judge of the Superior Court of said county, until the meeting of the next grand jury, who shall proceed to fill said vacancy; provided, however , in all cases of vacancies, the duties of said office shall be discharged temporarily by the Ordinary of said county until the same shall be filled as above provided. Appointment of succeeding commissioner. Term. Vacancies. SEC. III. Be it further enacted, That said commission shall have exclusive jurisdiction over all matters concerning county property, county taxes, general and special; establishing and changing militia districts and election precincts, examining, auditing and allowing all claims, examining, auditing and procuring the prompt and speedy settlement of the accounts of all officers having the care, management, collection, keeping and disbursement of all money belonging to the county, or appropriated for its use and benefit; in making rules and regulations for the support and maintenance of the poor of said county; in establishing, altering and abolishing all public roads, private ways bridges, etc.; in the appointment of road commissioners, and the enforcement of the road laws; in regulating, peddling and fixing the license therefor; in managing the county jail and fixing the fees of the county jailer, and to have and to exercise exclusive jurisdiction over all such county matters as were held and exercised by the Inferior Court when sitting for county purposes, prior to the adoption of the Constitution of 1868. Jurisdiction and powers of commissioner. SEC. IV. Be it further enacted, That said commissioner, before entering upon the discharge of his duties, shall give bond in the sum of one thousand dollars, with good and sufficient security to be approved by and payable to the Ordinary of said county, and his successors in office, and conditioned for the faithful and prompt performance of the duties of his position as such commissioner; which said bond shall be by said Ordinary recorded as are other official bonds and filed in his office. Said commissioner shall also at the same time before said Ordinary take and subscribe to the following oath of office, to-wit: I,....., do solemnly swear that I will faithfully discharge the duties of Commissioner of Roads and Revenues for the county of Irwin, and that I will so act as in my judgment will be

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most conducive to the welfare and prosperity of said county, so help me God, which oath shall be spread upon the minutes of said Ordinary's court, and the original filed in his office. Bond. Oath of office. SEC. V. Be it further enacted, That said commissioner shall be ex officio clerk of the Court of Commissioner of roads and revenues for said county whose duty as such it shall be to enter in a well bound book an accurate, full and complete minute of all the official acts and doings of said commissioner; to preserve and file in the order of their dates all original orders, judgments, etc., of said commissioner; to arrange and keep in the order of their filing all applications, petitions or other papers addressed to said commissioner. He shall also enter in a suitable book to be kept exclusively for that purpose a full and complete account of all receipts and expenditures of the public funds of said county of every kind, and in said book he shall also, from year to year, as soon as he shall have levied the county taxes, open an account with the tax-collector on account of said county taxes and require the settlement of the same by said collector in the same manner that he is required to settle his account with the comptroller-general for State taxes. It shall be his duty, when a claim against the county shall have been presented, examined and ordered paid, to at once draw a warrant upon the county Treasurer for that amount in favor of the claimant, and within five days after the issuing of any warrant upon said county treasurer he shall furnish said treasurer, if possible, with an abstract of all warrants drawn upon him, which abstract shall state the particular fund out of which each warrant is payable, together with the number of the warrant, amount, name of the party in whose favor drawn and the date thereof. Said commissioner shall also prepare and submit to the grand jury of said county at the spring term of the Superior Court in each year a full statement of the county finances, the condition of the county property, together with such other information appertaining to the county government and its affairs as might require the advice of or investigation by said grand jury. Commissioner ex officio clerk of commissioner's court. His duties as such. SEC. VI. Be it further enacted, That said commissioner shall hold his courts regularly at the court-house of said county on the first Monday in each month of the year and may [Illegible Text] from day to day or hold called sessions should public necessity require. When said Commissioner's Court is in session, either regular or called, said commissioner shall have the same power to punish for contempt that is now exercised by the several Ordinaries of the State, and shall also have power to compel by subp[oelig]na and attachment

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the attendance of witnesses and to require the sheriff (if necessary) to attend the sittings of his court and to serve all processes and notices issued by said commissioner, and for serving such notices and processes said sheriff shall receive the same compensation as is allowed by law for like services in the Superior Court. Commissioner's court. Contempts. Witnesses. Service of processes, etc. SEC. VII. Be it further enacted, That said commissioner shall be allowed as compensation for his services the same fees allowed Ordinaries of the State for transacting and managing county matters which shall be paid upon his own warrant on the county treasurer after having submitted an itemized statement of his account for such services, properly sworn to, to the grand jury at any term of the Superior Court of said county and said grand jury in their general presentments having approved said account. Compensation of commissioner. SEC. VIII. Be it further enacted, That an Act entitled an Act to create a Board of Commissioners of Roads and Revenues for the county of Irwin, and for other purposes, approved October 1st, 1887, and all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Act creating Board of Commissioners repealed. Approved December 27, 1890. COMPENSATION OF COMMISSIONERS FOR NEWTON COUNTY. No. 284. An Act to fix and provide for the compensation of the Commissioners of Roads and Revenues for the county of Newton, and for other purposes connected therewith. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act each member of the Board of Commissioners of Roads and Revenues of the county of Newton shall be entitled to compensation for their services as such commissioners for said county, two dollars per day for each member of said board while engaged in their official duties as such commissioners. Compensation of commissioners. SEC. II. Be it enacted by the authority aforesaid, That said commissioners shall be paid out of the general funds of said county; that a certificate from the clerk of said board, with the approval of the chairman indorsed thereon, certifying to the number of days each commissioner was actually engaged in the discharge of official duty, and when properly audited shall be a warrant on the county treasurer, to be paid out of any county funds in hand not otherwise appropriated. How compensation shall be paid.

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SEC. III. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 11, 1891. AMENDING ACT CREATING COMMISSIONERS FOR BARTOW COUNTY. No. 327. An Act to amend an Act, approved March 2, 1874, to provide for a County Board of Commissioners for the county of Bartow, by giving to said board power to establish and abolish militia districts in said county. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That the Act approved March 2, 1874, to provide for a county Board of Commissioners for the county of Bartow, be, and is, hereby amended by adding to subsection 5 in section 7, after the word county in line eleven of said section of the printed Acts of 1874, page 331, the following words, to-wit: and also in establishing and abolishing militia districts. Authority given to establish and abolish militia districts. SEC. II. Be it likewise enacted, That all laws in conflict with this Act are hereby repealed. Approved August 26, 1891. SALARY OF COMMISSIONERS FOR DOUGHERTY COUNTY. No. 329. An Act to repeal an Act providing for the compensation of the Commissioners of Roads and Revenues for the county of Dougherty, and the manner of paying the same, approved September 28, 1881, and substituting in lieu thereof a provision for the payment of a fixed annual salary to said commissioners. SECTION I. Be it enacted by the General Assembly of Georgia, and it is hereby enacted, That the above recited Act, approved September 28, 1881, be, and the same is, hereby [Illegible Text], and the following enacted in lieu thereof, to-wit: From and after the passage of this Act the Commissioners of Roads and Revenues for the county of Dougherty shall be paid out of the treasury of said county as salaries for their services the sum of two hundred dollars per annum for each [Illegible Text]. [Illegible Text] [Illegible Text] Sept. 28, 1881, repealed. Commissioners to be paid salaries.

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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 August 26, 1891. INCREASING COMPENSATION OF COMMISSIONERS FOR LIBERTY COUNTY. No. 334. An Act increasing the compensation of County Commissioners of Roads and Revenues for the county of Liberty. 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 on and after the first day of January, 1892, the compensation of County Commissioners of Roads and Revenues for the county of Liberty shall be twenty-five ($25.00) dollars per annum, together with the same mileage as now allowed members of the General Assembly of this State, but no mileage shall be allowed said commissioners for any adjourned session, or for more than four regular sessions in each year. Compensation increased to $25.00 per annum and mileage. Restrictions as to mileage. SEC. II. Be it further enacted, etc., That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 29, 1891. BOND OF SHERIFF OF LIBERTY COUNTY. No. 347. An Act to repeal an Act approved March 2, 1874, reducing the Sheriff's bond for the county of Liberty. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That the above recited Act be, and the same is, hereby repealed. Act reducing sheriff's bond repealed. SEC. II. Be it further enacted, etc., That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved September 1, 1891.

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ELECTION OF COMMISSIONERS FOR MORGAN COUNTY. No. 367. An Act to amend an Act entitled an Act to create a Board of Commissioners for the county of Morgan, approved February 11, 1874, so as to provide that the grand jury at the spring term, 1892, of Morgan Superior Court shall elect two commissioners for the term of one year and three commissioners for the term of two years, and as their terms expire their successors shall be elected by the grand jury at the spring term of said court, each for a term of two years, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That section 1 of an Act entitled an Act to create a Board of Commissioners for the county of Morgan, approved February 11, 1874, be amended by striking out the words annually by the grand jury of said county at the spring term of the Superior Court, in the third and fourth lines of said section, and inserting in lieu thereof the words as follows: The grand jury, at the spring term, 1892, of Morgan Superior Court, shall elect two commissioners for the term of one year and three commissioners for the term of two years, and as their terms expire their successors shall be elected by the grand jury at the spring term of said court, and by striking out the words and shall hold their office for the term of one year, in the fifth and sixth lines of said section, and inserting in lieu thereof the words each for a term of two years, so that said section, when amended, shall read as follows: Section 1. Be it enacted, That there shall be established in the county of Morgan a board of five county commissioners who shall be elected as follows: The grand jury at the spring term, 1892, of Morgan Superior Court, shall elect two commissioners for the term of one year and three commissioners for the term of two years, and as their terms expire their successors shall be elected by the grand jury at the spring term of said court, which election shall be approved by the judge of the Superior Court, each for a term of two years and until their successors are elected and qualified. Sec. 1 of Act of Feb. 11, 1874, amended. Elections and terms of commissioners. Section as amended. SEC. II. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved September 1, 1891.

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CREATING BOARD OF COMMISSIONERS FOR LUMPKIN COUNTY. No. 378. An Act to create a Board of Commissioners of Roads and Revenues in the county of Lumpkin; to define their powers and duties, 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 at the first regular session of the Superior Court in and for the county of Lumpkin next after the passage of this Act the grand jury shall elect by a two-thirds' vote by ballot three freeholders, citizens of said county, who shall, upon taking the oath hereinafter prescribed, constitute a Board of Commissioners of Roads and Revenues for said county. Election of commissioners. SEC. II. Be it further enacted, That the terms of office of the first board shall be as follows: One member shall be elected for a term of three years, one for a term of two years and one for a term of one year. The terms of office of the first board shall commence immediately after their election and qualification. All vacancies which shall occur by reason of the expiration of a term of office shall be filled by the grand jury which shall sit next preceding such expiration; and all persons who shall be elected to fill vacancies made by the expiration of a term shall be elected for three years; all vacancies which shall occur in any other way than by the expiration of a regular term shall be filled by the grand jury which shall meet next after the vacancy shall have been made, and all persons elected by a grand jury to fill vacancies so occurring shall be elected to fill the unexpired term; provided , that the Ordinary shall have power to appoint some one to fill said vacancy till the same shall have been filled by the grand jury as hereinbefore provided. A two-thirds' vote of the grand jury by ballot shall be necessary in filling all vacancies. Term of office. Vacancies. SEC. III. Be it further enacted, That no person shall be competent to serve on said board until he shall have taken the following oath of office, which shall be administered by the judge of the Superior Court, the clerk of said court or the Ordinary, which oath shall be recorded in the book of record of the proceedings of said board hereinafter provided for, to-wit: You and each of you do solemnly swear that you will faithfully discharge the duties of Commissioner of Roads and Revenues, and in all matters which require your official action you will so act as in your judgment

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will be most conducive to the welfare and presperity of the entire county. Oath of office. SEC. IV. Be it further enacted, That upon the election of said board by the grand jury it shall be the duty of the clerk of the Superior Court to certify to the Governor under the seal of his office the names of the persons so chosen, and the Governor shall, upon receipt thereof, commission them for the terms to which they may have respectively been elected, and upon presentation of their commissions and taking the oath above prescribed they shall enter at once upon the discharge of their duties. [Illegible Text] SEC. V. Be it further enacted, That two of said board shall be a quorum, and two must concur to pass any order or let any contract, pledge the county credit or grant or allow any claim against the county. Quorum. SEC. VI. Be it further enacted, That said board, when sitting for county purposes, shall have exclusive jurisdiction over the following subject-matters: 1. In governing and controlling all county property as they may deem best according to law, letting, hiring or farming out the county convicts of said county. 2. In levying taxes for county purposes in accordance with law. 3. In examining, auditing, allowing and settling all claims against the county. 4. In examining and auditing the accounts of all officers or persons having the care, management, keeping, collecting or disbursing of money belonging to the county or appropriated for its use and bring them to a settlement. 5. In making such rules and regulations for the support of the paupers and the promotion of the health of the county as are not inconsistent with the laws of this State. 6. In establishing, altering, abolishing, opening all public and private roads, bridges and ferries and removing obstructions therefrom in accordance with law. 7. In the appointment of road commissioners and in the general management of the roads, bridges and revenues of the county, and exercise all the powers over county officers in said county as is now exercised by the Ordinary; to grant or refuse to grant license to sell spirituous liquors in said county, in their discretion, according to existing laws. [Illegible Text] and powers. SEC. VII. Be it further enacted, That said commissioners shall hold [Illegible Text] least one meeting each month, and shall keep a record of all their proceedings in a well bound book to be purchased by them for the purpose and paid for by the county treasurer on their order, and shall submit the same to the inspection of the grand jury at each regular term of the Superior Court. Said commissioners may hold special sessions in addition to the regular monthly sessions whenever

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the interests of the county demand it. The clerk of the Superior Court shall be ex officio clerk of said board, and shall receive the same pay for his services as hereinafter provided for, said commissioners to be paid by the county treasurer on the order of said board. [Illegible Text] [Illegible Text] [Illegible Text] by grand jury. Special sessions. Clerk of board. SEC. VIII. Be it further enacted, That the members of said board shall be paid the sum of one dollar and fifty cents per day for the time they actually sit for county purposes. Compensation of commissioners. SEC. IX. Be it further enacted, That the treasurer of said county shall not disburse or pay out any of the funds in the county treasury unless authorized by the order in writing of said Board of Commissioners. County funds to be paid out only on written order of board. 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 7, 1891. CREATING BOARD OF COMMISSIONERS FOR WHITE COUNTY. No. 409. An Act to create a Board of Commissioners of Roads and Revenues in the county of White, to define their powers and duties, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That at the first regular session of the Superior Court in and for the county of White next after the passage of this Act the grand jury shall elect, by a two-thirds' vote, by ballot three freeholders, citizens of said county, who shall, upon taking the oath hereinafter prescribed, constitute a Board of Commissioners of Roads and Revenues for said county. First election of board. SEC. II. Be it further enacted, That the terms of office of the first board shall be as follows: one member shall be elected for a term of three years, one for a term of two years and one for a term of one year. The terms of office of the first board shall commence immediately after their election and qualification. All vacancies which shall occur by reason of the expiration of a term of office shall be filled by the grand jury which shall sit next preceding such expiration, and all persons who shall be elected to fill vacancies made by the expiration of a term shall be elected for three years; all vacancies which shall occur in any other way than by the expiration of a regular term shall be filled by the grand

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jury which shall meet next after the vacancy shall have been made, and all persons elected by a grand jury to fill vacancies so occurring shall be elected to fill the unexpired term; provided , that the Ordinary shall have power to appoint some one to fill said vacancy till the same shall have been filled by the grand jury as hereinbefore provided. A two-thirds' vote of the grand jury, by ballot, shall be necessary in filling all vacancies. Terms of office. Vacancies. SEC. III. Be it further enacted, That no person shall be competent to serve on said board until he shall have taken the following oath of office, which shall be administered by the judge of the Superior Court, the clerk of said court or the Ordinary, which oath shall be recorded in the book of record of the proceedings of said board hereinafter provided for, to-wit: You and each of you do solemnly swear that you will faithfully discharge the duties of commissioner of roads and revenues, and in all matters which require official action you will so act as in your judgment will be most conducive to the welfare and prosperity of the entire county. Oath [Illegible Text] office. SEC. IV. Be it further enacted, That upon the election of said board by the grand jury it shall be the duty of the clerk of the Superior Court to certify to the Governor, under the seal of his office, the names of the persons so chosen and the Governor shall, upon receipt thereof, commission them for the terms to which they may have respectively been elected, and upon presentation of their commissions and taking the oath above prescribed, they shall enter at once upon the discharge of their duties. Commission. SEC. V. Be it further enacted, That two of said board shall be a quorum, and two must concur to pass any order or let any contract, pledge the county credit or grant or allow any claim against the county. Quorum, etc. SEC. VI. Be it further enacted, That said board, when sitting for county purposes, shall have exclusive jurisdiction over the following subject-matters: 1. In governing and controlling all county property as they may deem best according to law, letting, hiring or farming out the county convicts of said county. 2. In levying taxes for county purposes, in accordance with law. 3. In examining, auditing, allowing and settling all claims against the county. 4. In examining and [Illegible Text] the accounts of all officers or persons having the care, management, keeping, collecting or disbursing of money belonging to the county or appropriated for its use, and bring them to a settlement. 5. In making such rules and regulations for the support of the paupers and the promotion of the health of the county as are not inconsistent with the laws of this State. 6. In establishing, altering,

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abolishing, opening all public and private roads, bridges and ferries and removing obstructions therefrom, in accordance with law. 7. In the appointment of road commissioners, and in the general management of the roads, bridges and revenues of the county, and exercise all the powers over county officers in said county as is now exercised by the Ordinary; to grant or refuse to grant license to sell spirituous liquors in said county, in their discretion, according to existing laws. Jurisdiction and powers. SEC. VII. Be it further enacted, That said commissioners shall hold at least one meeting each month and shall keep a record of all their proceedings in a well bound book to be purchased by them for the purpose and paid for by the county treasurer on their order, and shall submit the same to the inspection of the grand jury at each regular term of the Superior Court. Said commissioners may hold special sessions, in addition to the regular monthly sessions, whenever the interests of the county demand it. The clerk of the Superior Court shall be ex-officio clerk of said board and shall receive the same pay for his services as hereinafter provided for said commissioners, to be paid by the county treasurer on the order of said board. Meetings. Minutes. Inspection by grand jury. Special sessions. Clerk of board. SEC. VIII. Be it further enacted, That the members of said board shall be paid the sum of one dollar and fifty cents per day for the time they actually sit for county purposes. Compensation of commissioners. SEC. IX. Be it further enacted, That the treasurer of said county shall not disburse or pay out any of the funds in the county treasury unless authorized by the order, in writing, of said Board of Commissioners. Payment from county funds must be on written order of board. 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 11, 1891. CREATING BOARD OF COMMISSIONERS FOR WARE COUNTY. No. 431. An Act to create a Board of Commissioners of Roads and Revenue for Ware county, prescribe their powers and duties, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That the grand jury of the county of Ware at the November term, 1891, of the Superior Court for said county, and if from any cause said court should not be

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held, then the grand jury of said county at the first term of the Superior Court held thereafter, shall recommend three upright and intelligent citizens of Ware county to constitute said board, who shall be appointed and commissioned in the same manner as Notary Public ex officio Justice of the Peace are now appointed and commissioned under the laws of this State. First election of commissioners. SEC. II. Be it further [Illegible Text], That of the three commissioners to be first appointed under this Act one shall be appointed for one year, one for two years and one for three years from the date of their respective appointments, and the successors of said commissioners shall be appointed and commissioned for the full term of three years, or in case of a vacancy the Ordinary may appoint until the next meeting of the grand jury, who shall fill for the unexpired term. Terms of office. Vacancies. SEC. III. Be it further enacted, That no person shall be eligible to the office of commissioner under this Act who has not, at the date of his appointment, attained the age of twenty-five years, and who has not been a resident freeholder of Ware county for at least two years next preceding the date of such appointment; and said commissioners shall be liable to be removed from office at any time upon indictment and conviction for malpractice in office in the same manner that Justices of the Peace may be removed from office under existing laws. Qualifications for office. [Illegible Text] from office. SEC. IV. Be it further enacted, That said commissioners shall, before entering upon their duties, take and subscribe before the Ordinary of said county, and to be kept on file in his office, the following oath, to-wit: You and each [Illegible Text] you do solemnly swear that you will faithfully discharge the duties of commissioners of roads and revenue, and in all matters which require your official action you will so act as in your judgment will be most conducive to the welfare and prosperity of the entire county. Oath of office. SEC. V. Be it further enacted, That said commissioners shall hold at least one meeting each month and shall keep a record of all their proceedings and shall submit the same to the inspection of the grand jury at each regular term of the Superior Court. Said commissioners may hold special sessions besides the regular monthly sessions whenever the interests of the county demand it. As compensation for their services they shall be exempt from road and jury duty and shall receive a per diem of two dollars for the time they are engaged in county matters. The clerk of the Superior Court shall be ex officio clerk of said board and shall receive for his services three dollars per diem for

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each day said board shall require his services and fifteen cents per hundred words for recording all official bonds and oaths of office and other documentary matter, and he shall be the legal custodian of all books, records, books and other papers pertaining to said office. Meetings. [Illegible Text] Special sessions. [Illegible Text] Clerk. SEC. VI. Be it further enacted, That the Ordinary of Ware county shall be chairman and ex officio a member of said board, whose duty it shall be to preside at all meetings, to approve and sign the minutes of each meeting, and to issue and sign as chairman all orders and processes of said board; and shall receive as compensation for his services a per diem of two dollars for the time he is engaged in county matters, and such fees for issuing orders, processes, etc., as is now provided by law for such service; and in case of the disability of the Ordinary from any cause to act at any time the board may appoint a chairman pro tem. to act in his stead during such disability and perform the duties herein required of him. Ordinary chairman and ex officio member. His duties. Compensation. Chairman pro tem. SEC. VII. Be it further enacted, That said board shall have exclusive jurisdiction over the following subjects-matter, to-wit: to provide for the control, management, preservation and repair of county buildings and other public property; to levy general taxes for general purposes, and special taxes for special purposes; to establish, alter and abolish roads, bridges and ferries; to lay out and establish new militia districts and election precincts; to change polling places and alter the lines of militia districts; to examine and approve the bonds of all county officers; to examine, audit and provide for the settlement of the accounts of all persons charged with the collection, care or disbursement of public money of said county; to provide for the management and support of paupers; to approve and direct the payment of all orders on the county treasurer for the payment of public money; to fix the license for peddling, and to exercise under the general laws of this State such powers as were, prior to the adoption of the Constitution of 1868, exercised by the inferior court over county matters in this State. Jurisdiction and powers of board. SEC. VIII. Be it further enacted, That at least two of said commissioners, together with the Ordinary, shall be necessary to constitute a quorum for the transaction of business, and a majority must concur to pass any order or decree; and in case of the disability of the Ordinary, as hereinbefore provided, the presence of all three of the commissioners shall be necessary to constitute a quorum, and the concurrence of at least two to pass any order or decree. In all matters pending before said board, requiring official investigation,

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they shall have the same power to summon witnesses, administer oaths, procure documentary evidence, compel the attendance of witnesses and punish for contempt as other courts of records in this State. The sheriff of said county of Ware shall attend all meetings of the board, serve all processes and notices issued thereby and perform such other service as they may require of him, for which he shall receive the sum of three dollars per day. Quorum, etc. Witnesses, oaths, etc. Service of processes, etc. SEC. IX. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved September 14, 1891. CREATING BOARD OF COMMISSIONERS FOR TOWNS COUNTY. No. 437. An Act to provide for the creation of a Board of Commissioners of Roads and Revenues in the county of Towns in this State, to prescribe their powers and duties, and to fix their compensation and the pay of the officers employed by them. SECTION I. Be it enacted by the General Assembly of the State of Georgia that the grand jury of the county of Towns, at the September term, 1891, of the Superior Court for said county, shall recommend three upright and intelligent citizens of Towns county to constitute the Board of County Commissioners for Towns county and who shall be appointed and commissioned as Notaries Public ex officio Justice of the Peace are now appointed and commissioned by the laws [Illegible Text] this State. First election of commissioners, etc. SEC. II. Be it further enacted, That all of the three commissioners first appointed under this Act shall hold their office for a term of two years, and the successors of said commissioners shall be appointed and commissioned in the same manner as their terms expire, or when a vacancy is to be filled. Terms of [Illegible Text]. Successors. SEC. III. Be it further [Illegible Text], That no person shall be eligible to the office of commissioner under this Act, who has not [Illegible Text] the date of his appointment attained the age of twenty-five years, and who has not been a resident freeholder of the county of Towns for at least two years next preceding the date of such appointment, and said commissioners shall be liable to be removed from office at any time upon indictment and conviction for malpractice in office in the same manner as Justices of the Peace may be removed from office under existing laws. Qualifications for office. Removal from office.

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SEC. IV. Be it further enacted, That said board shall meet in regular session the first Monday in every month at the county site for transaction of county business, and said board shall at their first meeting elect a chairman and secretary of their number. Said commissioners shall be entitled to one dollar per day while actually discharging their public duties, and shall be exempt from road and jury duty during their continuance in office. The compensation herein provided for commissioners shall be paid out of the county treasury on orders signed by the chairman of said board. It shall be the duty of said board to keep full and accurate records and minutes of all transactions of said board; to file in the order of their dates, all original orders and other papers belonging to said board; to arrange and keep in the order of their filing all petitions, applications and other papers addressed to said board, and to record in a separate book all orders made or approved by said board for the payment of money by the county Treasurer, and all books, files, and records by this Act required to be used and kept shall be always open at the county site for the inspection of all tax-payers of said county. Meetings. Chairman and secretary. Compensation. Minutes, records, etc. SEC. V. Be it further enacted, That it shall be the duty of the chairman of said board to approve and sign the minutes of each meeting and to sign as chairman all orders and processes of said board, and in case of the absence of any of said commissioners, the Ordinary of said county of Towns shall act with said board, and shall be ex officio a member of said board, and shall receive the same compensation for such service as a member of the said board. The said board shall have exclusive jurisdiction over the following subject-matter, [Illegible Text] To provide for the control, management, preservation and repair of county buildings and other public property; to levy general taxes for general purposes and special taxes for special purposes; to establish, alter and abolish roads, bridges and ferries; to lay out and establish new militia districts and election [Illegible Text]; to change polling places and to alter the lines of militia districts; to examine and approve the bonds of all county officers; to examine, audit and provide for the settlement of the accounts of all persons charged with the collection, care or disbursement of public money of said county; to provide for the management and support of paupers; to approve and direct the payment of all orders on county treasurer for the payment of public money; to fix the license for peddling, and to exercise, under the general laws of this State, such powers as were, prior to the adoption of the Constitution of 1868, exercised by the Inferior Court over county matters in this State. Duties of chairman. In absence of commissioner ordinary to act. Jurisdiction of board.

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SEC. VI. Be it further enacted, That said commissioners shall, before entering on their duties, each take and subscribe before the clerk of the Superior Court of said county, the oath now prescribed by law to be taken by county officers, which oath shall be filed in the office of the Ordinary, and said board shall, through its chairman, at least once in each year, prepare and submit to the grand juries of said county complete statements in writing of the condition of the county property, paupers and finances, and shall, whenever called by said grand jury, furnish them full and distinct information concerning the public business of said county. Said board shall, when sitting for county purposes, have the same powers to punish for contempt as is now exercised by Ordinaries, and shall also have power to enforce by subp[oelig]na and attachment, the attendance of witnesses, and when said board may deem it necessary, the sheriff of said county will be required to serve all processes and notices issued thereby, for which service the sheriff shall receive such compensation as said board may prescribe. Oath [Illegible Text] [Illegible Text]. Reports, etc. Contempts. Witnesses. Service of process, etc. SEC. VII. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved September 15, 1891. FIXING SALARY TREASURER FULTON COUNTY. No. 441. An Act to fix the salary of the County Treasurer of Fulton county at twenty-five hundred dollars per annum, and for other purpurses. SECTION Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act, the salary of the county treasurer of Fulton county shall be fixed at the sum of twenty-five hundred dollars per annum, payable out of the county treasury of said county. Salaries fixed at $2,500.00. SEC. II. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved September 15, 1891.

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COMPENSATION OF COMMISSIONERS FOR BROOKS COUNTY. No. 444. An Act to provide for the paying of the County Commissioners for the county of Brooks, and for other purposes. SECTION I. Be it enacted by the General Assembly of Georgia, That from and after the passage of this Act each member of the Board of County Commissioners of Brooks county, shall receive for their services the sum of five ($5.00) dollars per diem. This Act shall be construed to [Illegible Text] that the commissioners shall receive the per diem herein provided for only for the time or days they are in the actual public service of the county. Compensation fixed at $5 per diem while in service. SEC. II. Be it further enacted, That the salaries provided for by this Act shall be paid out of the treasury of Brooks county, and the county treasurer is hereby authorized to pay the per diem of said commissioners; provided , the sum has been approved by the Ordinary or the county judge of said county. Salaries, [Illegible Text] [Illegible Text] etc. SEC. III. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved September 15, 1891. CLERK BOARD OF COMMISSIONERS FOR CARROLL COUNTY AUTHORIZED TO ADMINISTER OATHS, ETC. No. 470. An Act to authorize the clerk of the Board of Commissioners of Roads and Revenues for the county of Carroll to administer oaths, to have a seal, and to provide a salary for said clerk. SECTION I. Be it enacted by the General Assembly of Georgia, That from the passage of this Act it shall be lawful for the clerk of the Board of Commissioners of Roads and Revenues of Carroll county to administer oaths and to have a seal of office. Clerk authorized to administer oath and have seal. SEC. II. Be it further enacted, That the clerk's salary shall be one hundred dollars per annum, and he shall give to the commissioners and their successors in office bond and security for the faithful discharge of his duties in the sum of one thousand dollars. His salary. Bond. SEC. III. Be it further enacted, That all laws in conflict with this Act are hereby repealed. Approved September 19, 1891.

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TERMS, APPOINTMENT, ETC., COMMISSIONERS FOR DOUGHERTY COUNTY. No. 471. An Act to amend an Act approved February 22, 1873, and the Acts approved August 20, 1872, and December 11, 1871, to which the same is amendatory, in so far as they relate to the establishment of a Board of Commissioners of Roads and Revenues for Dougherty county, and for other purposes relative to said county therein named, by changing the term of office of said commissioners, prescribing the manner of their appointment, 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 so much of the above [Illegible Text] Acts as relate to the terms of office of the commissioners of roads and revenues for Dougherty county be, and the same are, hereby amended and changed, so that the following provisions shall govern and be of force at the time of and after the next appointment and confirmation of said commissioners after the passage of this Act, to-wit: The terms of office of said commissioners of roads and revenues for Dougherty county shall be for three years. At the first election, which shall be at the expiration of the terms of office of the present commissioners, one commissioner shall be appointed and confirmed for the term of one year, one for the term of two years, and one for the term of three years. Annually thereafter, at the expiration of the term of each commissioner, an election shall be held and appointment and confirmation made in pursuance thereof for a commissioner for the term of three years, to succeed the retiring commissioner whose term of office will have then expired. Election and terms of office of commissioners. SEC. II. Be it further enacted by the authority aforesaid, That those provisions of the above recited Acts defining the duties, powers and authority of said commissioners of roads and revenues for Dougherty county, requiring their appointment by the grand jury of said county, their confirmation by the presiding judge and their commission by the Governor, be, and the same are, hereby continued of force and effect. Certain provisions of Acts of Aug. 20, 1872, Dec. 11, 1871, and Feb. 22, 1873, continued of force. SEC. III. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict herewith be, and the same are, hereby repealed. Approved September 19, 1891.

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REVISING, ETC., ACTS AS TO BOARD OF COMMISSIONERS FOR DECATUR COUNTY. No. 495. An Act to revise, consolidate and amend the Act establishing a Board of Commissioners for Decatur county, approved December 13, 1871, and all Acts amendatory thereto. SECTION I. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority aforesaid, That from and after the passage of this Act all the powers and duties of the Ordinary of Decatur county, so far as the same relates to roads, bridges, ferries, public buildings and other property, poor house and farm, jail fees and the management of the jail, assessing and collecting tax, disbursing public money for county purposes, and all laws in reference thereto are hereby conferred upon a county Board of Commissioners as hereinafter set out. Jurisdiction and powers of Board of Commissioners. SEC. II. That the said board shall consist of five upright, discreet and intelligent freeholders, to be elected by the qualified voters of said county as hereinafter provided, and that any three of said board shall be capable and duly authorized to transact any business appertaining to their office. Number and election of commissioners. Quorum. SEC. III. Be it further enacted by the authority aforesaid, That L. O. Jackson, E. C. Mosely, A. Cook, P. H. Herring and J. D. Harrell are hereby appointed a County Board of Commissioners for said county, the above named board to hold their office until the first Monday in February, 1893. First board. SEC. IV. Be it further enacted by the authority aforesaid, That at the regular election for county officers in January, 1893, three of said board shall be elected for a term of four years and two of said board shall be elected for a term of two years, and thereafter the term of office for each member of said board shall be for four years, so that two members of said board shall be elected at every alternate election of county officers and the other three members at the other alternate election, and they shall be elected in the same manner and at the same time as is provided for the election of county officers; and said board shall perform all duties hereinafter prescribed, and that in the event of the death, resignation or disability of either of said commissioners or persons who may be elected, said vacancy to be filled by the remaining commissioners to fill the unexpired term caused by said death, resignation or disability. Elections and terms of successors. Vacancies. SEC. V. Be it further enacted by the authority aforesaid, That each member of said board shall, before undertaking

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to act hereunder, take and subscribe to an oath before the clerk of the Superior Court of said county, which oath shall be recorded by said clerk, to faithfully and honestly discharge all duties herein described. Oath of office. SEC. VI. That each member of said board shall receive two dollars per day for each day actually served as such, and that the clerk of said board to be appointed as hereinafter set forth shall receive for all services one hundred dollars for each year he may serve. Compensation. Salary of clerk. SEC. VII. That the said board shall have the right, and is authorized, to appoint a clerk, who shall take the same oath and in the same manner as its members have, and whose term of office shall be four years. Appointment, oath, etc., of clerk. SEC. VIII. Be it further enacted, etc., That the said board shall meet at the court-house of said county on the first Monday in each and every month, or on such other days as it may determine; that said board may adjourn from day to day; that it shall exercise all the powers and duties as herein set forth, and that it shall keep a full and complete record of all its actings and doings, subject to the inspection of the grand juries of said county. Board meetings. Minutes. SEC. IX. Be it further enacted, That said board shall have power to assess, levy and collect such taxes as may be necessary to defray the current expenses and build and keep in repair the public property of said county; provided, however , that said tax shall not exceed seven-tenths of one per cent. per annum. Taxes, public property, etc. SEC. X. Be it further enacted by the authority aforesaid, That the said board shall have the power to supply by appointment all vacancies in county offices and in ordinary elections to fill them in the same manner as said powers are now given to the Ordinaries of counties. Vacancies in county offices. SEC. XI. Be it further enacted by the authority aforesaid, That the said board shall have power to approve all officers' bonds in said county, and to deliver the commissions of said officers sent them by the Governor and to qualify said officers. Approval of official bonds, etc. SEC. XII. Be it further enacted by the authority aforesaid, That said board shall have the same right to punish any and every person for contempt as judges of the Superior Court of this State have. Contempts. SEC. XIII. Be it further enacted by the authority aforesaid, That the treasurer of said county shall fully respect this Act. County treasurer to respect this Act. 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 September 26, 1891.

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PAYMENT OF COMMISSIONERS FOR LOWNDES COUNTY. No. 544. An Act to provide for the paying of the County Commissioners of Lowndes county. SECTION I. Be it enacted by the General Assembly of Georgia, That from and after the passage of this Act the County Commissioners of Lowndes county shall receive ($2.50) two dollars and fifty cents per day for each day said commissioners are actually engaged in the public service. Compensation county commissioners. SEC. II. Be it further enacted by the authority aforesaid, That before said commissioners' claims shall be paid by the county treasurer of said county the claims for services shall first be approved either by the County Judge or Ordinary of said county, and when so approved it shall be the duty of the county treasurer to pay them. Claims for services, how approved and paid. SEC. III. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved October 5, 1891. ABOLISHING BOARD OF COMMISSIONERS FOR BRYAN COUNTY. No. 558. An Act to abolish the Board of County Commissioners of Bryan county, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia in General Assembly met, and it is hereby enacted by authority of the same, That on and after the first Monday in November, 1891, the Board of County Commissioners of Bryan county shall be abolished; provided , that the grand jury of the said county, which meets on the first Monday in November, 1891, shall recommend the abolishing of said Board of Commissioners of Bryan county. Board of Commissioners abolished. Provided grand jury so recommend. SEC. II. Be it further enacted by authority of the same, That should the grand jury of said county at the November term of the Superior Court of said county recommend the abolishing of said Board of County Commissioners, then they shall turn over to the Ordinary of said county all their books and papers pertaining to county matters, immediately upon such recommendation of the grand jury. Disposition of books and papers. SEC. III. Be it further enacted by the authority of the same, That should the grand jury, at the November term of

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the Superior Court of said county, fail or refuse to recommend the abolishing of the Board of County Commissioners of Bryan county, then this Act to be void. If grand jury fail or refuse to so recommend, this Act void. SEC. IV. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved October 6, 1891. BOND TAX-RECEIVER FULTON COUNTY. No. 592. An Act to fix the official bond of the Receiver of tax returns of Fulton county at ten thousand 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 official bond of the receiver of tax returns of Fulton county shall be fixed at ten thousand ($10,000) dollars. Bond [Illegible Text] at [Illegible Text] SEC. II. Be it further enacted, That all laws in conflict herewith be, and the same are, hereby repealed. Approved October 6, 1891. COMPENSATION TREASURER DEKALB COUNTY. No. 666. An Act to amend an Act entitled an Act to alter and fix the pay of the County Treasurer of the county of DeKalb, and also to alter and fix the per diem that shall be allowed the sheriff of the said county for board of prisoners in the county jail, approved February 19th, 1876, so as to prohibit the said treasurer from collecting or retaining a per centum on any money or moneys received or paid out that may be borrowed by said county. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act that section 1 of the aforesaid entitled Act be amended by adding the following words after the word treasurer in the sixth line thereof: but said treasurer shall not in any manner whatever receive a per centum or compensation of any kind for receiving and paying out any money or moneys that may at any time be borrowed in any manner whatever by said county, so that said section, when thus amended,

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shall read as follows: Sec. 1. Be it enacted by the General Assembly of the State of Georgia, That from and after the expiration of the terms of office of the present incumbents, the county treasurer of the county of DeKalb shall be allowed only one and one-half per centum on receipts and the same on disbursements as his only pay for performing the duties of said office of county treasurer; but said treasurer shall not in any manner whatever receive a per centum or compensation of any kind for receiving and paying out any money or moneys that may at any time be borrowed in any manner whatever by said county; and that the sheriff of the said county of DeKalb shall be allowed sixty cents and no more as per diem for board of each prisoner that may be confined in the county jail. Sec. 1 of Act of Feb. 1, 1876, amended. Treasurer to have no compensation for receiving and paying out money borrowed. Section as amended. SEC. II. Be it further enacted, That all laws and parts in conflict with this Act be, and the same are, hereby repealed. Approved October 14, 1891. AMENDING ACT AS TO BOARD OF COMMISSIONERS FOR DEKALB COUNTY. No. 694. An Act to amend an Act approved December 26, 1890, amending an Act to create a Board of Commissioners of Roads and Revenues for the county of DeKalb, approved December 8, 1886, and to add a section providing for vacancies. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act an Act approved December 26, 1890, the same being an Act amending an Act to create a Board of Commissioners of Roads and Revenues for the county of DeKalb, approved December 8, 1886, be, and the same is, hereby amended by striking from said Act all of section 1 and substituting therefor and in place of the same the following: Section 1. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act the Board of Commissioners of Roads and Revenues of DeKalb county shall consist of five persons who shall be freeholders and qualified voters of said county. The first commissioners to be chosen under this Act shall be elected by the qualified voters of said county on the first Wednesday in January, 1892, and from the third and fourth commissioner districts of said county, and the second commissioners to be chosen shall be also elected

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by the qualified voters of said county on the first Wednesday in January, 1893, and from the first and fifth commissioner districts of said county the successor of the commissioner, which commissioner has already been elected under the Act which this one amends, shall be elected in the manner aforesaid from the second commissioner district of said county according to the expiration of his term of office under the Act approved December 8, 1886, creating said Board of Commissioners; and all of said commissioners shall be so elected as their terms of office expires. Said commissioners shall receive as their compensation two dollars per day of actual service out of the county treasury, to be paid by the county treasurer upon certificate of the chairman and clerk of said board. They shall elect a clerk for said commission, who may be one of their members, whose duties it shall be to keep a record of the actings and doings of the commission at the court-house in said county, and who shall receive as compensation for the performance of said duties such sum not exceeding two hundred and fifty dollars per annum, as may be prior to his election fixed by said board for each year. Said commissioners shall give bond in the sum of one thousand dollars each with sufficient securities to be approved by the judge of the Superior Court of said county, payable to the Ordinary of said county of DeKalb and his successors in office, and conditioned for the faithful performance of the duties of his position as said commissioner, and shall take an oath before the judge of the Superior Court to faithfully discharge their duties. Said commissioners shall, at their meeting next before the expiration of the term of office of the chairman of said board, elect a chairman who shall hold office for one year, and until his successor is elected. Said chairman shall preside at all meetings of the board and shall sign all processes, notices, orders or other documents in writing, requiring the official signature of said board. In his absence the board may elect a chairman pro tempore with like powers and authority. Act of Dec. 26, 1890, amended. All of section [Illegible Text] stricken. New section. Number, etc., of commissioners. Elections. Compensation. Clerk. Bonds of commissioners. Oath of office. Chairman. SEC. II. Be it further enacted, That vacancies by death, resignation or therwise on said board shall be filled in the manner aforesaid for unexpired terms; the election to be ordered within thirty days after the vacancy or vacancies occur. Vacancies. SEC. III. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved October 16, 1891.

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TREASURER FOR MONROE COUNTY. No. 729. An Act to repeal an Act, to abolish the office of county treasurer of the county of Monroe, and to make the chairman of the Board of County Commissioners ex officio treasurer in and for said county, and to define his duties, etc., approved September 18, 1883, to provide for the election of a treasurer for said county of Monroe, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That the Act of the General Assembly of the State of Georgia, approved the 18th day of September, 1883, entitled an Act to abolish the office of county treasurer of Monroe county, and to make the chairman of the Board of County Commissioners ex officio county treasurer in and for said county, and to define the duties, etc., be, and the same is, hereby repealed, to take effect, as hereinafter prescribed. Act abolishing office county treasurer repealed. SEC. II. Be it enacted by the authority aforesaid, That the provisions of the Act of 1883 shall continue of force till the first Wednesday in January, 1892, when an election of county treasurer shall be held as other elections for said office, who shall hold his office till the next regular election on the first Wednesday in January, 1893, at which time and thereafter a county treasurer shall be elected as provided by the general laws of the State. Elections for treasurer, etc. SEC. III. Be it further enacted by the authority aforesaid, That the bond and compensation of the treasurer of said county shall be the same as that provided by law before the passage of said Act, approved September 18, 1883. Bond and compensation. SEC. IV. Be it further enacted by the authority aforesaid, That all conflicting laws be, and the same are, hereby repealed. Approved October 20, 1891.

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TITLE III . COUNTY AND CITY COURTS. ACTS. Abolishing County Court of Laurens County. Amending Act as to Officers County Court of Terrell County. Abolishing County Court of Tattnall County. Establishing the Criminal Court of Atlanta, etc. Establishing the City Court of Hall County. Amending Act Creating City Court of Macon. Abolishing County Court of Appling County. Providing Solicitor for County Court of Butts County. Authorizing Grand Jury to Fix Salary Judge of Henry County Court. Amending Act Creating Office County Solicitor for Wayne County. Creating Office of Solicitor Wilcox County Court. ABOLISHING COUNTY COURT OF LAURENS COUNTY. No. 64. An Act to repeal an Act to create a County Court in each county of this State, except certain counties therein mentioned, approved January 19th, 1872, and all Acts amendatory thereof, so far as the same applies to the county of Laurens. SECTION I. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That all that portion of the Act approved January 19, 1872, and all Acts amendatory thereof relative to the county of Laurens be, and the same are, hereby repealed. Act of Jan. 19, 1872, and amendatory Acts, so far as relates to Laurens county, repealed. SEC. II. All criminal matter in the county court of Laurens county, at the time of the approval of this Act, shall be transferred by the clerk of said court to the Superior Court of said county, through the clerk of said Superior Court. Criminal matter transferred to Superior court. SEC. III. Be it further enacted, That all civil matter in said county court, at the time of the approval of this Act, within the jurisdiction of justice courts, shall by the clerk of said county court be transferred to the justices of the peace of the respective militia districts which might have had original jurisdiction of such cases. Civil matters, within jurisdiction, to justices' courts. SEC. IV. Be it further enacted, That all civil matter not included in section 3 of this Act, in said county court, at the time of the approval of this Act, shall be transferred to the Superior Court, in the manner prescribed in section 2 of this Act, together with all dockets and other matter pertaining to said county court. Other civil matters to Superior court, with dockets, etc.

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SEC. V. Be it further enacted, That the office of county judge and county bailiff is hereby abolished. Offices of county judge and bailiff abolished. SEC. VI. All laws and parts of law in conflict with this Act be, and the same are, hereby repealed. Approved December 16, 1890. AMENDING ACT AS TO OFFICERS COUNTY COURT OF TERRELL COUNTY. No. 224. An Act to amend an Act entitled an Act to designate the officers of the County Court of Terrell county, to provide for their compensation, and other purposes. SECTION I. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That section 1 of an Act approved October 5, 1887, entitled an Act to designate the officers of the county court of Terrell county, to provide for their compensation, and other purposes, be amended by inserting after the words the same fees as are now provided in the Superior Courts, in the fifth line of said section, the words, in criminal cases, and that the sheriff and clerk shall be allowed two dollars each per day for attending at regular terms of said court, and the sheriff two dollars for summoning each panel of jurors for said court, so that said section, when amended, shall read as follows: Section 1. Be it enacted by the General Assembly of Georgia, That from and after the passage of this Act, the sheriff and clerk of the Superior Court of Terrell county shall be ex officio officers of the County Court, and in said court be entitled to the same fees as are now provided in the Superior Court in criminal cases, and shall, in said court, be entitled to two dollars each per day for attending the regular terms of said court, and the sheriff shall be entitled to two dollars for summoning each panel of jurors for said court. Sec. 1 of Act Oct. 5, 1887, amended. Fees in criminal cases. Attendance fees of sheriff and clerk. Of sheriff for summoning jury. Section as amended. SEC. II. Be it further enacted by the authority aforesaid, That the officers of said county court shall be entitled to the fees and compensation now provided for them in the general county court Act in all civil cases. Fees in civil cases as provided by general county court Act. SEC. III. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 29, 1890. ABOLISHING COUNTY COURT OF TATTNALL COUNTY. No. 267. An Act to abolish the County Court of Tattnall county. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act, that the

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county court of Tattnall county, established in 1888, by the grand jury of Tattnall county be, and the same is, hereby abolished. County court abolished. SEC. II. Be it further enacted by the authority aforesaid, That all civil suits pending in said court may be withdrawn and sued in any court having jurisdiction, on or before the first day of August, 1891, when this Act shall go into effect, and that all criminal prosecutions be transferred to the Superior Court of said county on or before said first day of August, 1891. Disposition of business. SEC. III. Be it further enacted, That all laws in conflict with this Act be, and the same are, hereby repealed. Approved July 27, 1891. ESTABLISHING THE CRIMINAL COURT OF ATLANTA, ETC. No. 278. An Act to establish the Criminal Court of Atlanta and in pursuance thereof to amend an Act establishing City Court of Atlanta, passed December 15, 1871, and Acts amendatory thereof, and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same: SECTION I. That immediately upon the passage of this Act, there be established in the county of Fulton, a court to be known as the Criminal Court of Atlanta, and that said court have jurisdiction over the county of Fulton of the following matters, viz.: all crimes and offences, which by the Constitution of the State, are not exclusively cognizable in the Superior Courts thereof. Location and name of court. Jurisdiction. SEC. II. That immediately upon the passage of this Act, the judge of said court shall be appointed and commissioned by the Governor, by and with the advice and consent of the Senate, and shall hold his office for four years and until his successor is appointed and qualified, unless sooner removed by the Governor on the address of two-thirds of both branches of the General Assembly for that purpose. The judge of said court shall be a practicing lawyer, who has practiced law at least four years, and is otherwise qualified as to age and citizenship, as are members of the House of Representatives of the General Assembly of Georgia. Said judge shall not be permitted to practice law in any of the courts of this State or [Illegible Text] the United States during his continuance in office. Appointment of judge. His term of office. Qualifications. May not practice law. SEC. III. The salary of said judge shall be three thousand dollars per annum, payable monthly out of the treasury of Fulton county. Said judge before entering on the duties of his office shall take and subscribe before the Governor an oath faithfully and impartially to discharge such duties to the best of his ability and under standing, and agreeably to the Constitution of this State and of the United States and to support said Constitutions. His salary. Oath of office. SEC. IV. That the clerk and sheriff and their deputies of the Superior Court of Fulton county shall be ex-officio clerk, sheriff and

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deputies of the Criminal Court of Atlanta, and shall receive the same fees as are allowed by law to such officers in the Superior Courts of this State. That, in addition to these officers, there shall be a special bailiff for said court, whose duty it shall be to assist the solicitor in the preparation of all cases and to discharge the regular duties of a bailiff, and whose salary is to be fixed by the county commissioners at any sum they may see proper; said bailiff to be appointed by each incoming solicitor of said court, under the approval of the judge thereof. Clerk, sheriff, etc. Fees of. Special bailiff. SEC. V. That the judge of said court shall have the power to issue writs of habeas [Illegible Text] and to hear and dispose of the same in all cases arising or accruing within the limits of the county of Fulton, and in the same way and with the same power as the judge of the Superior Court, and to discharge, admit to bail or remand to jail any prisoner, according to the laws of the land; but nothing herein contained shall be so construed as to diminish or affect the powers of the judge of Superior Courts of Atlanta Circuit, or the judge of the City Court of Atlanta on the subject of writs of habeas corpus . Judge may issue and determine writs of habeas corpus, etc. SEC. VI. Said courts shall hold monthly terms, to be designated by the name of the month on which each term begins, and said court shall also hold such adjourned terms as the judge in his discretion may designate. Terms of court. SEC. VII. Said court, as a court of record is empowered to compel production of books, papers or other evidence, in the possession of any party; to enforce obedience to its orders and process of attachment for contempt, and to have all other powers necessary to carry into effect its orders, judgment and sentences, and which are incidental to courts. The general law of the State in regard to witnesses and their attendance, subp[oelig]nas, and all other laws pertaining to the procedure, practice and power of the Superior Courts of this State, in so far as applicable to the Criminal Court of Atlanta, are hereby conferred on said Criminal Court, including the power to punish for contempts, except that the clerk shall make the scire facias on all forfeited bonds, recognizances or other obligations returnable to the third term of said court. Also, except that the defendant shall not be discharged after putting his demand for a trial on the minutes until the next term after the expiration of six months from the date of his demand. The judge and other officers of said court shall have power to administer all oaths pertaining to their respective offices as fully as the judge and corresponding officers of the Superior Court are authorized to do. Said judge is empowered to take affidavits and attest other papers in like manner as the same may be taken and attested by any justice of the peace in this State. Production of books, papers, etc. Contempts, etc. General law as to procedure practice, etc., made applicable. Return term for scire facias on forfeited bond, etc. Demands for discharge. Oaths, attestations, etc. SEC. VIII. That all the duties and liabilities attached to clerks of the Superior Court, sheriffs of the counties and other officers of said Superior Courts shall in like manner be attached to such clerks, sheriffs and other officers of said Criminal Court of Atlanta; and the judge of said Criminal Court has equal authority over said officials with the judges of the Superior Courts of the State. Duties, etc. of clerk and sheriff.

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SEC. IX. There shall be a solicitor for said Criminal Court whose duty it is to represent the State in all prosecutions pending therein, and in all matters in which it is the duty of the solicitors-general of the Superior Courts of said State to represent said State, who shall be entitled to the same fees as the solicitors-general of said State. He shall have the same fees for warrants issued by the judge of said court and accusations therein as the solicitors-general of the Superior Courts have for bench warrants, indictments and presentments; and for each person prosecuted to trial on plea of guilty [Illegible Text] said court, on indictment or presentment by the grand jury [Illegible Text] down from the Superior Court, he shall have the same fees as the solicitor-general of said Superior Court. Whenever the law in relation to the fees of solicitors-general of the Superior Courts is changed, the change shall apply to the fees of the solicitor of this court. Said solicitor shall be appointed by the Governor by and with the advice and consent of the Senate, and commissioned and sworn as solicitors-general of the Superior Courts are commissioned and sworn, and his costs shall be paid out of the fines and forfeitures fund in the same manner as costs of the solicitors-general of the Superior Courts are paid. Solicitor. Fees. Appointment. SEC. X. This Act shall not affect either the present incumbent of the office of solicitor of the City Court of Atlanta, or the appointee or the solicitor-elect of the City Court of Atlanta, but the incumbent of said office and its duties and emoluments is hereby transferred to said Criminal Court of Atlanta, and the present incumbent of said office of the solicitor of the City Court of Atlanta is made solicitor-general of the Criminal Court of Atlanta with his term of office to expire at the time his present commission expires, to-wit, on the 23d day of February, 1892. And the present appointee or solicitor-elect of the City Court of Atlanta for the next term is hereby made solicitor of the Criminal Court of Atlanta, and is to be recommissioned by the Governor as such, with his term of office to begin on the 23d day of February, 1892, and continue for the period named in his commission, to-wit, four years. This Act not to affect present solicitor city court of Atlanta or his immediate successor. But [Illegible Text] officers transferred to the criminal court, etc. SEC. XI. That criminal prosecutions in said court may be instituted by written information or accusation, plainly and distinctly setting forth the offence charged, containing the name of the prosecutor and signed by the solicitor-general, and founded on affidavit. The judge of said court may upon affidavit being made that a crime has been committed, issue his warrant for the arrest of said party. If said party, after his arrest under said warrant from said judge, does not desire a committal trial, then he shall give bond to appear at said criminal court for trial, or be committed to jail. If, however, said party should desire a committal trial, then he shall be taken before some proper officer other than the judge of said court for that purpose. This power in the judge of said court to issue warrants for the arrest of offenders is not intended to deny to other officers of said State the right to issue warrants for and bind over offenders to said criminal court. The judge of said court shall have power in vacation to accept pleas of guilty and pass sentence on those pleading guilty. The proceedings after information or accusation, shall

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conform to the rules governing like proceedings in the Superior Courts, except that the jury in said court, shall consist of five, to be stricken alternately by the defendant and State from a panel of twelve. The defendant shall be entitled to four (4) strikes and the State three (3), and the five remaining jurors shall compose the jury. Accusations. Bench warrants. Appearance bond. Commitment, trials etc. Pleas of guilty may be accepted in vacation, etc. Prosecutions. Jury. Strikes. SEC. XII. That all persons residing in the county of Fulton and on the jury lists thereof and liable to serve as jurors in Fulton Superior Courts, shall be competent and compelled to serve in said criminal court of Atlanta. The judge of said criminal court shall proceed in selecting, drawing and summoning jurors in like manner as jurors are selected, drawn and summoned in the Superior Courts, and shall be furnished with box and names therein just as judges of Superior Courts; and the penalties and other proceedings to punish non-attendance of jurors, or contempts committed by them, shall conform to the general law governing like proceedings in the Superior Courts, and the oaths to be administered to jurors and witnesses, in said criminal court of Atlanta shall be the same as are now administered in like cases to juries and witnesses in the Superior Court. All general laws of this State, in reference to the qualification, selection, drawing, summoning, length of service of, impanelling and challenging petit jurors now in force or hereafter with respect to such procedure in the Superior Courts, shall be made applicable to the criminal court of Atlanta. Who competent and compellable to serve as jurors. Selection, drawing, etc., of jury. SEC. XIII. That the defendant in every criminal case may carry the same directly to the Supreme Court by writ of error to said criminal court of Atlanta, under the same rules that govern filing bills of exceptions and issuing writs of error to the judgments of the Superior Courts in this State. Cases may be taken directly to Supreme court. SEC. XIV. That moneys arising from fines, forfeitures, and from forfeited recognizances in said court shall be subject to payment of the fees of the solicitor, clerk, sheriff, and other officers of said court, and the solicitor, clerk, sheriff and other officers, bringing the money into court, shall be entitled to have their insolvent bills paid first, and then the bills of former solicitor-generals, clerks, [Illegible Text] and other officers, according to priority; but no bill remaining unpaid for more than four years shall participate in said fund. It shall be the duty of the sheriff to collect and pay out as soon as collected to each officer entitled thereto all costs due in each case in said courts. It shall also be his duty to collect and pay out, at the end of each monthly term, to each officer entitled to the same on the order of the judge of said court, all money from fines, forfeitures and forfeited recognizances, and to this end he shall make to the judge of said court a monthly statement of amount of all fines and forfeitures in his hands. It shall be the duty of the judge of said court, to order at the end of each monthly term all of the money collected from fines, forfeitures and forfeited recognizances in the hands of the sheriff to be paid to the officers entitled thereto pro rata , according to the amount of their respective cost bills. Disposition of [Illegible Text] and forfeitures. Collection and distribution of costs. Of money from fines and forfeitures, etc. SEC. XV. That the jurisdiction given the City Court of Atlanta by the Act of December 15, 1871, and Act amendatory thereof, to try all offences less than [Illegible Text] be, and the same is, hereby withdrawn, and said jurisdiction is conferred on the criminal court of Atlanta,

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and all rules regulating procedure, in criminal cases in said City Court of Atlanta, not in conflict with the provisions of this Act, are hereby withdrawn from said City Court of Atlanta, and made applicable to the criminal court of Atlanta. Criminal jurisdiction of city court of Atlanta withdrawn. And conterred on criminal court, etc. SEC. XVI. That all laws now of force regulating the transfer of misdemeanor cases pending under indictments or presentments from Fulton Superior Court to the City Court of Atlanta be, and the same are, hereby made applicable to the criminal court of Atlanta. Immediately upon this Act going into effect, the judge of the City Court of Atlanta shall pass a general order transferring all criminal cases pending in the City Court of Atlanta to the Criminal Court of Atlanta for trial therein. Transfers of [Illegible Text] from Superior court. From city court. SEC. XVII. The judge of the City Court of Atlanta is hereby made competent to preside in [Illegible Text] criminal court of [Illegible Text] whenever agreed upon by the judges of both courts, and for any length of time; or whenever the judge of said criminal court is disqualified; and the judge of the criminal court of Atlanta is hereby made competent to preside in the City Court of Atlanta whenever agreed upon by the judges of both courts, and for any length of time; or whenever the judge of the City Court of Atlanta is disqualified. Judge of city court may preside in criminal court. And [Illegible Text] SEC. XVIII. That under the foregoing section the judge of the Criminal Court of Atlanta may preside in the City Court of Atlanta while the judge of the latter court is presiding therein, whenever in the opinion of the judge of the City Court of Atlanta it is necessary for the prompt dispatch of business for the said court to sit in two divisions, so that both judges may try the business of said City Court at the same time; and to this end the judge of the said City Court of Atlanta is authorized to draw, at the regular time of drawing, two panels of twenty-four jurors each to serve at the same time, one of the panels of twenty-four under the judge of the City Court of Atlanta, and the other said panel of twenty-four under the judge of the Criminal Court of Atlanta presiding in said court; and when the City Court is sitting in two divisions under this section of this Act, the division presided over by the judge of the Criminal Court of Atlanta shall be styled the City Court of Atlanta, second division, and the division presided over by the regular judge of the City Court shall be styled the City Court of Atlanta. Both [Illegible Text] may [Illegible Text] [Illegible Text] the city court [Illegible Text] the same time etc. Name of the two divisions. SEC. XIX. That all laws or parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved September 6, 1891. ESTABLISHING THE CITY COURT OF HALL COUNTY. No. 291. An Act to establish a City Court in the county of Hall, and to provide for the appointment of a Judge and a Solicitor thereof. SECTION I. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That a City

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Court be, and the same is, hereby created and established in the city of Gainesville, with jurisdiction over the whole county of Hall concurrent with the Superior Court to try and dispose of all civil cases of whatsoever nature, except those over which the Constitution of this State has given the Superior Court exclusive jurisdiction, and with criminal jurisdiction to try and dispose of all offences below the grade of felony committed in the county of Hall. Jurisdiction. SEC. II. There shall be a judge of said city court, who shall be appointed by the Governor by and with the advice and consent of the Senate, who shall hold his office for the term of four years, and all vacancies in the office of judge shall be filled by appointment by the Governor for the balance of the unexpired term; but should a vacancy occur when the Senate shall not be in session, the Governor shall appoint to fill said vacancy and submit said appointment to the Senate when it shall next thereafter convene. The judge of said city court shall receive a salary of five hundred dollars per annum, which shall not be increased nor diminished during his continuance in office, except to apply to a subsequent term, and shall be paid monthly out of the treasury of the county of Hall out of any funds not otherwise specifically appropriated by some general law, and it shall be the duty of the ordinary of Hall county, or other proper officer of said county, to make provision annually in levying taxes for this purpose. The said city judge shall receive no other compensation than the salary herein provided. Judge, his appointment and term. Vacancies. Salary, etc. SEC. III. Before entering upon the duties of his office, the judge of said City Court shall take and subscribe the oath required of all civil officers, and, in addition thereto, the following, viz.: I swear that I will administer justice without respect to persons and do equal right to the poor and the rich, and that I will faithfully and impartially discharge and perform all the duties incumbent on me as judge of the City Court of the county of Hall, of this State, according to the best of my ability and understanding and agreeable to the laws and Constitution of this State and the Constitution of the United States, so help me God. No person shall be appointed judge of said court unless at the time of his appointment he shall have attained the age of twenty-five years and been a resident of said State and county four years, and shall be a lawyer and have practiced law or presided as judge of some Superior, City or County Court for four years next preceding his appointment. Oath of judge. Qualifications for the office. SEC. IV. The Solicitor-General of the Northeastern Circuit, the clerk and sheriff and their deputies of the Superior Court of Hall county shall be [Illegible Text] [Illegible Text] solicitor, clerk, sheriff and deputies of said City Court, and for services rendered in said City Court shall be entitled to the same fees as are allowed them by law in the Superior Court, and shall discharge the same duties and be subject to the same obligations and penalties. Solicitor, clerk, [Illegible Text] etc. SEC. V. All persons liable to serve as grand and petit jurors in the Superior Court of said county shall be liable to serve as petit jurors in the City Court, and it shall be the duty of the clerk of the said City Court to copy into a book, to be provided at the public expense,

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the lists of all names of persons liable to serve as grand and petit jurors in the said Superior Court, to be taken from the lists of the said Superior Court under the supervision of the judge of the said City Court, and to make a new list as often as said Superior Court jury lists are revised to conform to said revision, which said book containing the list of persons so liable to serve as jurors in said City Court, as above directed, shall be alphabetically arranged, and shall be kept in the office of the clerk of said City Court. The said clerk shall also make out tickets equal in number to the number of names in said lists, and write upon each the name of one of said persons, and deposit the same in a box to be provided at the public expense and numbered one until there shall be a ticket in said box bearing the name of each person on said list. Jurors. SEC. VI. During the session of said City Court, at each term, in open court, the judge shall draw from said box number one twenty-four names of persons to serve as jurors at the next term of said City Court, and shall cause the clerk to record said names so drawn, and then deposit in another box, to be provided at the public expense and numbered two. These boxes shall be so constructed as to be kept under one seal and lock, and shall be kept scaled and shall not be opened by any person except the judge of the said City Court, or the judge of the Superior Court when presiding in his place, for the purpose of drawing juries in open court, except in cases when, from failure to draw a jury in term time or from other cause, it may be necessary to draw a jury for said City Court in vacation. If from any cause it should become necessary to draw a jury for said city court in vacation, either the judge of said City Court or a judge of the Superior Court may, at any time twenty days before the next term of said City Court, in the presence of the clerk and sheriff of said City Court, proceed to draw juries in the manner above prescribed. The clerk shall keep said jury boxes and the sheriff shall keep the key, and it shall be the duty of the clerk of said court, within five days after the appointment of the judge of said court, to prepare said jury lists and boxes as hereinbefore provided, and after said boxes are prepared, the jury to serve at the first quarterly term of said court shall be drawn as above provided for drawing juries in vacation. Drawing of [Illegible Text] etc. SEC. VII. The clerk shall make out a precept containing the names of the persons drawn as above directed, and a summons for each juror, [Illegible Text] deliver the same to the sheriff fifteen days before the next term of said City Court, who shall serve each of said persons by handing him a summons personally, or leaving the same at his most notorious place of abode, at least ten days before the term of the said City Court at which he is required to attend. Summons for jurors and their service. SEC. VIII. All laws in reference to the qualifications, relations, drawings, summoning and impanelling jurors, and of challenging, now of force in this State or hereafter enacted by the General Assembly, regulating the same in the Superior Courts, shall apply to and be observed in said City Court, except when said general laws are inconsistent with the provisions of this Act, or any amendment thereof hereafter made. General laws as to qualifications, etc., of jurors made applicable.

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SEC. IX. From said panel of twenty-four jurors, drawn and summoned as above directed, the judge of said City Court shall cause to be made up two juries of twelve jurors each, which shall be known and distinguished as juries numbers one and two, and all cases and issues to be tried by jury at that term in said City Court civil or criminal, shall be tried by one of these, or by a jury stricken from both, as hereinafter provided. In case from any cause said panel should be reduced below twenty-four, the judge presiding in said City Court shall have power to fill it by causing talesmen to be summoned instanter. Two juries to be made up for trial of causes. SEC. X. In criminal cases the defendant shall be entitled to seven peremptory challenges and the State five, and in civil cases the plaintiff and defendant shall be each entitled to six, and all laws and rules, both civil and criminal, regulating the selection of juries in the Superior Courts, shall apply to said City Court, except when they are inconsistent with the provisions of this Act, and the amendments hereafter made. Challenges, strikes, etc. SEC. XI. In all matters pertaining to pleading and practice the laws and rules governing the Superior Courts, when not inconsistent with the express provisions of this Act, shall apply and govern the said City Court, pleading and practice in every particular, so far as the same may be applicable. General rules as to pleading and practice. SEC. XII. In all civil cases to the declaration the clerk shall annex a process, unless the same be waived, signed by the clerk or his deputy, and bearing test in the name of the judge of said City Court, and directed to the sheriff of said City Court and his deputy, which shall have date at least twenty days before the term of the court to which it is returnable, and be served upon the defendant at least fifteen days before the said term, in the same manner as in the Superior Court. Appearance and pleading shall be a waiver of all irregularities of process, or the absence or service thereof. Process. SEC. XIII. Garnishment proceedings in said court shall be conformable to the laws of the State on that subject in the Superior Court, provided the garnishee shall reside in the county of Hall, but when the garnishee shall reside in any other county in this State the same law shall also be applicable to said City Court, with this proviso, that the papers shall be returnable to the Superior Court of the county of the garnishee's residence, and all subsequent proceedings be had therein. Garnishment proceedings. SEC. XIV. [Illegible Text] facias to make parties in any cause in the said City Court shall be had as in the Superior Court, and said [Illegible Text] facias shall sun throughout the State, and be served by any sheriff thereof. [Illegible Text] facias to make parties. SEC. XV. The general law of this State with regard to the commencement of suits in the Superior Courts, defence and witnesses and their attendance, interrogatories, set-offs, affidavits of illegality, arbitration, claims to personalty, examinations of parties to suits or witnesses by interrogatories, or under [Illegible Text] or other matters of a judicial nature within the jurisdiction of said City Court, shall be applicable to said City Court. General laws as to suits, defences, witnesses, etc., made applicable.

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SEC. XVI. The judge of said City Court shall have power to cause testimony to be taken and used de bene [Illegible Text] , and for the purpose of perpetuating testimony within his jurisdiction in all cases, according to the general laws of the State. And the judge and all other officers of the said City Court shall have power respectively to administer all oaths pertaining to their respective offices as the judge and other officers of the Superior Court may in like cases do; and said judge shall also have power to attest deeds and other papers and administer affidavits in all cases anywhere in the State in which, by existing laws, such papers may be attested and affidavits administered by a justice of the peace of this State, and the judge of said court shall have all the powers and authority throughout his jurisdiction of judges of the Superior Courts, except when, by law, exclusive power and authority is vested in the judges of the Superior Courts, and all laws relating thereto and governing the judges and the Superior [Illegible Text] shall apply to the judge of said City Court so far as the same may be applicable, except as herein provided. Perpetuation of testimony. Administration of oath. Attestation of papers, etc. SEC. XVII. All Acts and parts of Acts already or hereafter passed upon the subject of attachment or garnishment, or legislating as to any matter whatever in the Superior Courts of this State, shall apply to said City Court as if named with the Superior Courts in said Acts, so far as the nature of said City Court will admit. The judge of said City Court or any justice of the peace or notary public, or other officer authorized by law to do so, may issue attachments and garnishments returnable to the said City Court, under the same laws governing attachments or garnishments returnable to the Superior Courts of this State. Existing or future laws as to attachments, garnishments, etc., made applicable. Judge may issue attachments and garnishments. SEC. XVIII. The said court shall be a court of record, and shall have a seal and the minutes, records, orders and other books and files that are required by law, and rules to be kept for the Superior Courts of this State shall be kept in and for said City Court, and in the same manner, and all laws applicable to the duties of the clerk and sheriff in said Superior Courts shall apply to them in said City Court, except where they conflict with the provisions of this Act. The same methods of procedure as governing the Superior Courts shall be followed in said City Court in every respect, unless inconsistent with the nature of said court. Court of record. Minutes, etc. [Illegible Text] SEC. XIX. All claims to realty levied by virtue of any execution [Illegible Text] from said City Court shall be returnable to the Superior Court of the county where the land lies, and shall be put in, tried and determined as other claim cases returned to said Superior Court. Claims. SEC. XX. There shall be four regular quarterly terms of said City Court in each year, which shall be heard on the third Monday in February, May, August and November, in the courthouse of Hall county, in Gainesville, Georgia, for the transaction of civil and criminal business, and juries shall be drawn from each of these terms as hereinbefore directed. The judge of said City Court shall, in his discretion, hold his court at the same place at any other time for the transaction of criminal business, which does

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not require a jury, as speedily as possible, consistent with the interest of the State and accused, and may also, if necessary, hold adjourned terms of the regular quarterly terms, for which adjourned terms he may either draw new juries or require the same to serve as in his discretion may seem best. Terms of court. SEC. XXI. In all civil cases in said City Court, where the damages or amount claimed in actions [Illegible Text] [Illegible Text] , exclusive of interest, do not exceed five hundred dollars, and in all actions upon a tort, when damages laid do not exceed that amount, and in all other cases when the amount involved in the suit in value of property sued for or otherwise does not exceed that amount, the second term after the declaration is filed shall be the regular trial term of the case, but in all other civil cases the third term after the declaration is filed shall be the regular trial term, but in all cases where a continuance is granted, it shall not be longer than the next regular quarterly term. Trial terms. Continuances. SEC. XXII. All judgments obtained in said city court shall be a lien upon all property of the defendants throughout the State, and all executions shall bear test in the name of the judge of said city court, be issued and signed by the clerk of said city court, and be directed to the sheriff or his deputy of said city court, and all and singular the sheriffs, or their deputies, of this State, and may be levied on any of the property of the defendants to be found in this State. Lien of judgments. [Illegible Text] SEC. XXIII. In case of absence of the said city judge from any cause at any term of said city court, it shall be the duty of the clerk or sheriff of said county to adjourn the court to such day as the said judge may in writing direct. Adjournments when judge absent. SEC. XXIV. The said city court is empowered to compel the production of books, papers, and writings in the same manner and under the same rules and regulations as are provided by law for the production of the same in the Superior Courts. Production of books, papers, etc. SEC. XXV. The judge of said city court shall have power and authority to hear and determine all civil cases over which said court has jurisdiction and to give judgment and to award execution thereon without the intervention of a jury; provided always that either party in any such case shall be entitled to demand and have a jury to try said case, which demand shall be in writing and signed by himself or by his counsel, and may be entered at any time prior to the introduction of any evidence upon the trial of the case. In the event of a new trial being granted, either by the judge of said city court or by the Supreme Court, either party shall have the right to demand a jury, and have a trial by jury of said case upon the same terms, no matter whether a jury has been demanded upon the previous trial, or trials, or not. Trial of civil cases without jury. Demand for jury in civil cases. SEC. XXVI. The judge of said city court shall have power to try all criminal cases within the jurisdiction of said city court, and dispose of the same without a jury in all cases in which the defendant shall not demand a jury to try his case. In such case the defendant may demand and have a jury to try his case, provided he shall do so in writing, signed by himself or his counsel before the introduction

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of any evidence in the case, and such defendant shall have the same right, in case new trials are granted, that is hereinbefore allowed to parties in civil cases as to a jury trial; provided , that when trial by jury is demanded, in either civil or criminal cases, at the quarterly terms of said court, such demand shall be entered before the jury for that term is discharged; otherwise the parties shall be held to have waived the right to trial before a jury. Trial of criminal cases without jury. Demand for jury in criminal case. SEC. XXVII. The judge of the Superior Court, and the judge of said city court, may preside in the court of each other, in said county, in cases where the judge of either court is disqualified to preside from any cause. [Illegible Text] of Superior court may preside in city court, etc. SEC. XXVIII. In any civil case in said city court in which said city judge shall be from any cause disqualified, the parties may agree, either themselves or by counsel, upon some attorney to preside in that case in his place, and said city judge shall have an order to that effect placed upon the minutes of said city court. Where judge disqualified parties may agree, etc. SEC. XXIX. The judge of the Superior Court may send down from the Superior Court of [Illegible Text] county all presentments and bills of indictment, for offences [Illegible Text] a felony, to the said city court for trial. The order, or orders, so transmitting such cases from the said Superior Court to said city court for trial shall be entered upon the minutes of both of said courts. Transfers of misdemeanors. SEC. XXX. It shall be the duty of the justices of the peace and notaries public of this State to bind over all persons charged with offences committed within the limits of Hall county, over which the said city court has jurisdiction, to appear before said city court to answer for said offences. Parties charged with [Illegible Text] to be bound over to city court. SEC. XXXI. Defendants in criminal cases, when the prosecution originates in said city court, or when such defendants are bound over to said city court by any justice of the peace or notary public shall be tried on written accusation, setting forth plainly the offence charged, founded on affidavit containing the name of the accuser and signed by the solicitor of said city court. The proceedings after accusation shall conform to the rules governing the Superior Court, except there shall be no jury trial unless demanded as hereinbefore provided by the accused. In all cases tried upon accusation the offence shall be therein charged with the same particularity, both as to matters of form and substance, as is required by the laws and rules of criminal pleadings to be observed in bills of indictment in the [Illegible Text] Courts. Accusations. Proceedings after accusations. SEC. XXXII. A writ of error shall be direct from the said city court to the Supreme Court of this State upon a bill of exceptions filed under the same rules and regulations as govern and control the issuing of writs of error and filing bills of exceptions in the Superior Courts of this State. Writ of error direct to Supreme court. SEC. XXXIII. All laws regulating the enforcement of judgments of the Superior Courts, whether civil or criminal, shall apply to said city court and execution shall issue and be levied and sales be had under the same rules and laws regulating the same in the Superior Court. Enforcement of judgments.

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SEC. XXXIV. The judge of said City Court shall have the same power to enforce his orders, to preserve order, to punish for contempt and to enforce all his judgments as is vested by law in the judges of the Superior Courts of the State. Contempts. etc. SEC. XXXV. All moneys arising from jury fees, fines imposed for violations of penal laws and other fines, and collected from forfeited recognizances in said City Court, shall be subject to the payment of the fees of the solicitor, clerk, [Illegible Text] and other officers of said City Court in criminal cases; provided , that in every case of presentment or bill of indictment sent down from the Superior Court, in which costs or fines and costs are collected out of the defendant in the City Court, that the costs of the Solicitor-General of the Northeastern Circuit and the clerk and [Illegible Text] of the Superior Court in such case shall be first paid out of said costs in the case, but for their insolvent costs the officers of the said City Court above referred to, shall have a lien upon the fines and forfeitures above mentioned, raised in the City Court, superior to the lien of the officers of the Superior Court for their insolvent costs. Should there remain any of the funds so raised as above left after the fees and insolvent costs are paid the officers of said City Court, then the amount so remaining shall be prorated and paid on the insolvent cost list of said officers in the Superior Court. Disposition of fines, forfeitures, etc. SEC. XXXVI. In any case where it may be necessary to attach the clerk of said court, it shall be lawful for the judge of said court to call in the services of the clerk of the city council of Gainesville, and the chief marshal of the said city of Gainesville shall be competent to enforce any attachment by said judge against the [Illegible Text] of said City Court, and the [Illegible Text] and clerk of said City Court may sue and be sued in said court; but when the clerk may be defendant in any action, the process shall be signed by the judge, and said clerk shall be required to copy the petition and annex the process thereto, and the clerk shall also be required to make out final process in any case in which he may be interested as in other cases, which shall be signed by the judge and executed as in other cases, and in all cases before said court in which the sheriff shall be plaintiff or defendant, the process shall be directed to the chief marshal, and all and singular the deputy marshals of the city of Gainesville, and may be served by any one of them, and subsequent proceedings thereon shall be as in other cases, the said chief or other marshal taking the place of the sheriff. Attachments or suits to which clerk or sheriff is party. SEC. XXXVII. In all cases in this court the same powers and rights of parties as to waivers in pleading, or procedures or other matters pertaining to the same, shall be allowed and upheld as in the Superior Courts are allowed by the laws and rules governing the same. Waivers. SEC. XXXVIII. The judge of the City Court may practice law in any of the courts of this State or of the United States, except the City Court and the Supreme Court on writs of error from the City Court. Judge may practice law in other courts. SEC. XXXIX. All suits against joint obligors, joint promissors, copartners or joint trespassers, in which any one or more reside

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in the county of Hall, may be brought in this Court when within its jurisdiction as above defined, under the same rules and regulations governing such cases in the Superior Court, [Illegible Text] [Illegible Text] , as to copies, second originals, returns and other matters connected with the suit. Suits against joint obligors joint trespassers etc. SEC. XL. The judge of the City Court shall have power to grant a new trial in any case, civil or criminal in his court, upon the same terms and subject to the same laws and regulations in every respect governing the granting of new trials in the Superior Courts. All rules of pleading, practice and procedure governing motions, rules nisi and other proceedings in new trials in the Superior Court shall apply to the same in this court. New trials. SEC. XLI. All jurors in the City Court, whether belonging to the regular panel or talesman, shall receive for their services for every day of actual attendance the same fees as are paid jurors in the Superior Court, and shall be paid in the same manner and under the same regulations as jurors in the Superior Court. Pay of jurors. SEC. XLII. In all criminal cases within the jurisdiction of the City Court, the defendant shall have the right to demand an [Illegible Text] by the grand jury of said county of Hall; provided , he makes this demand in writing, by himself or his counsel, before plea filed, and filing a plea shall itself, without more, be held to be a waiver of his right to demand an indictment. In case the defendant should demand an indictment, as above directed, the judge shall require of him good bond and security to appear and answer such indictment, if found at such time and place and before such tribunal as the said indictment may be tried. If no such bond and security is given, then such a judge shall commit to jail for safe keeping the person so accused and demanding said indictment until the proper grand jury can act upon the charge, and until the case can be legally determined, and the clerk shall transmit to the Superior Court all the papers in the case as required by the general law of the State in cases of commitment. Demand for indictment, etc. SEC. XLIII. Be it enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 14, 1891. AMENDING ACT CREATING CITY COURT OF MACON. No. 304. An Act to amend an Act entitled an Act to establish the City Court of Macon, in and for the county of Bibb; to define its jurisdiction and powers; to provide for the appointment of a judge and other officers thereof, to define their powers and duties, and for other purposes, approved August 14, 1885. 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 eleven (11) of the above recited Act be amended by striking from said section the last sentence thereof, which reads as

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follows: The judge of said court shall have power to hold said court in session from day to day for a period not longer than four weeks from the beginning of each term, and inserting in lieu thereof the following: Said terms shall continue for a period of four weeks from the beginning of each term unless sooner adjourned by the judge; provided , that the judge of said court may hold one adjourned term of said City Court of Macon after each regular term thereof if he deems the same necessary for the purpose of disposing of the business of said court, both civil and criminal; such adjourned terms when held by said judge shall not continue longer than two weeks, and shall be subject to the same rules and regulations as govern the holding of adjourned terms of the [Illegible Text] Courts of this State, so that said section, when amended, shall read as follows: Sec. 11. Be it further enacted, That the terms of said City Court of Macon shall be held quarterly, beginning on the first Mondays in March, June, September and December of every year. Said terms shall continue for a period of four weeks from the beginning of each term unless sooner adjourned by the judge; provided , that the judge of said court may hold such adjourned terms of said City Court of Macon as he may deem necessary for the purpose of disposing of the business of said court, both civil and criminal; such adjourned terms, when held by said judge, to be subject to the same rules and regulations as govern the holding of adjourned terms of the Superior Courts of this State. Sec. [Illegible Text] of the Act of Aug [Illegible Text] [Illegible Text] amended. By striking provision as to length of terms. And inserting provision as to length of regular terms and for adjourned terms. Section as amended. SEC. II. Be it further enacted, That section seven (7) of said Act be amended by adding at the end of said section the following, to-wit: By and with the consent of the judge of said court the clerk thereof shall have the same power to appoint a deputy or deputies as is now vested by law in clerks of the Superior Courts of this State, and if at any time the clerk and his deputy for any reason do not act as clerk, the presiding judge may appoint a clerk pro tem. , and any acts of said appointee during the time for which he may be appointed, that the clerk could have done, shall be valid as if done by said clerk. Section 7 amended. Duputy clerk. Clerk pro tem. SEC. III. Be it further enacted, That section thirty-seven (37) of the above recited Act, which reads as follows, That all jurors in said City Court shall receive one dollar per day for their services for every day of actual attendance, and shall be paid in the same manner and under the same rules and regulations as jurors in the Superior Courts, be amended by striking out the whole of said section, and that in lieu thereof the following be enacted: Sec. 37. Be it further enacted, That the jurors in said City Court shall receive the same per diem for their services as shall be fixed by the grand jury of said county of Bibb for the pay of jurors in the Superior Court of said county, which shall be paid in the same manner and under the same rules and regulations as to the jurors in said Superior Court. Section 37 stricken. New section as to payment of jurors. SEC. IV. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 20, 1891.

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ABOLISHING COUNTY COURT OF APPLING COUNTY. No. 348. An Act to abolish the County Court established in and for the county of Appling by recommendation of the grand jury of said county at the October term of the Superior Court of said county in the year 1883, 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 first day of October, 1891, the court known as the County Court, established by the recommendation of the grand jury at the October term, 1883, of the Superior Court of said county, in accordance with the statutes in such cases made and provided, be, and the same at the said time is, hereby repealed. County court abolished. SEC. II. Be it further enacted by the authority of the aforesaid, That all writs, indictments, processes, and all [Illegible Text] and judicial proceedings whatsoever, then pending in said County Court, shall be, and are, hereby transferred to and shall be triable at the succeeding term of the Superior Court of said county, to convene within sixty days after the said first day of October, 1891, and no notice other than this Act shall be necessary to place any litigant, whether plaintiff or defendant, on notice of said transfer of said proceedings. Disposition [Illegible Text] business. SEC. III. Be it further enacted by the authority of the aforesaid, That it shall be, and is, hereby made the duty of the judge of said County Court to make a transcript of all cases, both criminal and civil, then pending in his said court and undisposed of and give them to the clerk of the Superior Court of said county, whose duty it shall be to enter them upon the proper dockets of the Superior Court, where they shall be triable, as provided in section 2 of this Act. Judge to furnish transcript of pending cases to clerk, etc. Who shall [Illegible Text] them on proper [Illegible Text]. SEC. IV. Be it further enacted by the authority of the aforesaid, That it shall be, and is, hereby made the duty of the judge of said County Court to dispose of all such cases that may be pending in his said court before and previous to the said first day of October in the year 1891; provided , he can do so lawfully and without injury to any of the parties litigant in said court. Judge of County court to dispose, if possible, of all [Illegible Text] cases by Oct. 1, 1891 SEC. [Illegible Text]. Be it further enacted by the said authority, That all laws in conflict with this Act be, and the same are, hereby repealed. Approved September 1, 1891.

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PROVIDING SOLICITOR FOR COUNTY COURT OF BUTTS COUNTY. No. 410. An Act providing for a solicitor for the County Court of Butts County. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That there shall be a solicitor for said County Court, who shall be appointed by the Governor, which appointment shall be confirmed by the Senate, who shall hold his office for the term of four years. All vacancies in said office shall be filled by appointment of the Governor for the remainder of the unexpired term, and should a vacancy occur in said office when the General Assembly is not in session, the Governor shall fill such vacancy by appointment and submit the same to the next General Assembly thereafter. No person shall be appointed solicitor of said County Court unless at the time of his appointment he shall have arrived at the age of twenty-one years and been a resident of said county of Butts four years, and shall be a lawyer, and shall have practiced law two years next preceding his appointment. It shall be the duty of the solicitor of said court to represent the State in all cases in said court in which the State shall be a party, and shall perform therein such other duties as usually appertain to his office. He shall receive for his services in said court the same fees that are provided by law for similar services in the Superior Court. Whenever the solicitor of said court, on account of sickness or other disability, is unable to attend said court, it shall be the duty of said County Court judge to appoint some competent attorney as solicitor pro tem. , who shall receive the same fees that are allowed the solicitor for the same services. Appointment. Terms of office. Vacancies. Qualifications for office. Duties. Compensation. Solicitor pro tem. SEC. II. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved September 11, 1891. AUTHORIZING GRAND JURY TO FIX SALARY JUDGE OF HENRY COUNTY COURT. No. 467. An Act to authorize the grand jury of the county of Henry to fix annually the salary for criminal business of the County Judge of said county, and to confirm and make valid the action of said grand jury at its spring term, 1891, in fixing said salary, and for other purposes connected therewith. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act the grand

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jury of the county of Henry shall be, and they are, hereby authorized to fix annually the salary for criminal business of the county judge of said county, fixing the same at the spring term; and in case the same is not fixed at the spring term, then it may be done at the fall term. When the salary is so fixed, the same shall be paid to the county judge in monthly installments, out of the treasury of the county of Henry. Grand jury to fix salary annually. To be paid in monthly installments. SEC. II. Be it further enacted, That the action of the grand jury of said county of Heny, at its spring term, 1891, in fixing the salary for criminal business of the county judge at two hundred dollars per annum be, and the same is, hereby confirmed and made valid; said salary to date from the spring term, 1891, of Henry Superior Court to the spring term, 1892, of said court, and to be paid as stated in section 1 of this Act. Action of grand jury at spring term, 1891, confirmed. SEC. III. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved September 19, 1891. AMENDING ACT CREATING OFFICE COUNTY SOLICITOR WAYNE COUNTY. No. 556. An Act to amend an Act creating the office of County Solicitor for the county of Wayne, so far as relates to said solicitor's fees and compensation, said Act approved November 4, 1889. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act, section 2 of the above recited Act be amended by adding after the word compensation, in the fifth line of said section, the following words, to-wit: As are now allowed by law to solicitors-general of the State for services of like kind in the Superior Courts, so that said section, when amended, shall read as follows: Section 2. Be it further enacted by authority of the same, That upon the passage of this Act there shall be appointed by the Governor, by and with the advice and consent of the Senate, a county solicitor for the County Court of Wayne county, who shall receive such fees and compensation as are now all wed by law to solicitors-general of the State for services of like kind, in the Superior Courts, and shall perform such duties as are now provided by law in the fourth chapter of the Code of 1882, and whose term of office shall be four years. Sec. 2 of Act of Nov. 4, 1889, amended. Compensation of county solicitor. 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 6, 1891.

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CREATING OFFICE SOLICITOR WILCON COUNTY COURT. No. 589. An Act to create the office of solicitor of the County Court of Wilcox county, Georgia, and to provide for the appointment of the said solicitor, and for other purposes. SECTION I. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the same, That the office of solicitor for the County Court of Wilcox county be, and the same is, hereby created. Office created. SEC. II. Be it further enacted by the authority aforesaid, That upon the passage of this Act there shall be appointed by the Governor, by and with the advice and consent of the Senate, a county solicitor for the County Court of Wilcox county, who shall receive such fees and compensation and shall perform such duties as are now provided by law in the fourth chapter, title 5, part 1st of the Code of 1882, and whose term of office shall be four years. Appointment. Fees and duties. Term of office. SEC. III. Be it further enacted by the authority aforesaid, That said solicitor shall be an attorney-at-law of at least one year's practice, and shall be a resident of said county of Wilcox. Qualifications. SEC. IV. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved October 6, 1891.

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TITLE IV . GAME, ETC. ACTS. Prohibiting Hunting or Fishing upon the Lands of Another in 73d, 74th and 75th Districts, Georgia Militia, Burke County. Amending Act for Protection of Game in Glynn County. Prohibiting Hunting, Fishing, etc., upon Lands of Another in Effingham County. Amending Act for Protection of Game, etc., in Troup County. Prohibiting Hunting, Fishing, etc., in Chattooga County During Certain Months. Repealing Act as to Hunting, etc., on Lands of Another in Telfair County. Prohibiting Seining in Worth County. Prohibiting Killing Deer, etc., in Worth County. Prohibiting Hunting on Uninclosed Lands of Another in Mitchell County. Prohibiting Hunting or Fishing on Lands of Another in Coffee County. For Protection of Game in Schley County. Prohibiting Fishing (Except in Flint River) in Upson County Otherwise than with Hook and Line or Set Line. For Protection of Game in Hancock County. For Protection of Game in Floyd County. PROHIBITING HUNTING OR FISHING ON LANDS OF ANOTHER IN 73D, 74TH AND 75TH DISTRICTS, GEORGIA MILITIA, BURKE COUNTY. No. 245. An Act to prevent persons from hunting or fishing upon the lands of another in the 75th, 74th and 73d districts, Georgia Militia, Burke county, without written permission from the owners of the said lands, and to prescribe a penalty for the same. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act it shall be unlawful for any person or persons to hunt or fish in any way with gun or dog or otherwise upon the lands of another in the 73d, 74th or 75th districts, Georgia Militia, Burke county, without written permission from the owner of said lands, or his or her lawful agent. Hunting or fishing without written permission of owner forbidden. SEC. II. Be it further enacted, That any person or persons who shall violate the provisions of this Act shall be punished as prescribed in section 4310 of the Code of 1882; provided, always , that said prosecution can only be brought by the lawful owner of said land or his or her lawful agent. Penalty. SEC. III. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 29, 1890.

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AMENDING ACT FOR PROTECTION OF GAME IN GLYNN COUNTY. No. 279. An Act to amend an Act, approved October 25th, 1889, for the better protection of game and game birds within the county of Glynn; to prevent the hunting, killing, trapping, snaring or otherwise destroying them during certain seasons of the year; to prohibit the buying or selling, or offering for sale the same, either dead or alive, during such seasons of the year; to provide a method of procedure, to prescribe penalties for violation thereof, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That section 1 of an Act, approved October 25, 1889, be amended by striking from the third and sixth lines of said section, the word deer, and by writing after the word year, in the fifth line of said Act, the words or any person who shall therein shoot, kill, trap, snare, net or otherwise take or destroy any deer between the first day of February and the fifteenth day of July of any year, and by writing after the word November, in the eighth line, or any person who shall therein sell, [Illegible Text] for sale, or buy any deer or venison, between the first day of February and the fifteenth day of July of each year, so that said section, when amended, shall read as follows: That from and after the passage of this Act, any person who shall shoot, kill, trap, snare, net or otherwise take or destroy any wild turkey, partridge or quail, in the county of Glynn between the first day of April and the first day of November of any year, or any person who shall shoot, kill, trap, snare, net or otherwise take or destroy any deer between the first day of February and the fifteenth day of July of any year, or any person who shall sell in said county; offer for sale or buy any wild turkey, partridge or quail between said first day of April and November, or any person who shall therein sell, offer for sale or buy any deer or venison between the first day of February and the fifteenth day of July, shall be guilty of a misdemeanor, and upon conviction thereof shall be punished as prescribed in section 4310 of the Code of Georgia. Sec. 1 of Act of Oct. 25, 1889, amended. By striking deer from third and sixth lines. And adding provision for protection of deer during certain months. And forbidding selling or offering for sale or buying deer or venison during certain months. Section as amended. SEC. II. Be it further enacted, That all laws and parts of law in conflict with this Act be, and the same are, hereby repealed. Approved August 6, 1891. PROHIBITING HUNTING, FISHING, ETC., UPON LANDS OF ANOTHER IN EFFINGHAM COUNTY. No. 282. An Act to prevent persons from trespassing upon the lands of another by hunting, fishing or otherwise, in the county of Effingham. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act, if any person

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or persons shall willfully enter, go upon or pass over any uninclosed land of another in the county of Effingham, for the purpose of hunting, fishing or otherwise, after being notified not to do so by the owner of such land or his authorized agent, or by the person in lawful possession and control thereof for the time being, such notice to be either personal, in writing or verbal, or written notice to be posted upon said land in two of the most conspicuous places thereon, and in case of such posted notice being displaced or destroyed, the same to be renewed every three months, shall be guilty of a misdemeanor, and on conviction shall be punished as prescribed in section 4310 of the present Code of Georgia. Entering upon uninclosed lands for hunting, fishing, etc. after notification not to do so, forbidden. Notice. 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 August 11, 1891. AMENDING ACT FOR PROTECTION OF GAME, ETC., IN TROUP COUNTY. No. 287. An Act to amend an Act approved October 4th, 1887, which is entitled an Act for the protection of game and birds in Troup county; to prohibit the killing, trapping or netting of the same, etc., by striking out the word October in the first section thereof and substituting therefor the word November. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act, the word October, in the first section of the Act of October 24, 1887 (relative to the protection of birds and game in Troup county), be stricken, and the word November substituted therefor, so that said first section of said Act shall, when amended, read as follows: It shall not be lawful for any person to shoot, kill, trap, snare, net or otherwise destroy any deer, wild turkey or partridge in the county of Troup between the first day of March and the first day of November of any year, and any person who shall violate the provisions of this section shall, upon conviction thereof, be punished as prescribed in section 4310 of the Code of Georgia. Sec. 1 of Act of Oct. 24, 1887, amended by substituting November for October. Section as amended. SEC. II. 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 August 11, 1891. PROHIBITING HUNTING, FISHING, ETC., IN CHATTOOGA COUNTY DURING CERTAIN MONTHS. No. 300. An Act to prohibit killing game and fishing in Chattooga county, Georgia, during certain months of the year, and to prescribe a penalty therefor. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That

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from and after the passage of this Act it shall not be lawful for any person to shoot, kill, trap, snare, net or otherwise destroy any deer, wild turkey or partridge in the county of Chattooga, Georgia, between the first day of April and the first day of October of any year. Hunting, etc., prohibited between April 1 and October 1. SEC. II. Be it further enacted by the authority aforesaid, That from and after the passage of this Act it shall not be lawful for any person to catch or entrap with hooks and lines, seines, gill nets, cast nets or in any other way, any fish known as red horse, in any river, streams or ponds in Chattooga county, Georgia, between the first day of May and the first day of June in any year. Catching, etc, Red Horse between May 1 and Oct 1, prohibited. SEC. III. Be it further enacted by the authority aforesaid, That any person violating any provision of the foregoing section shall, upon conviction, be punished as prescribed in section 4310 of the Code of Georgia. Penalty. SEC. IV. Be it further enacted, That the fact of being in possession of such bird, animal or fish, or exposing the same for sale, shall be held as prima facie proof of killing, trapping or catching by the person having possession thereof. Possession prima facie evidence of guilt. 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 17, 1891. REPEALING ACT AS TO HUNTING, ETC., UPON LANDS OF ANOTHER IN TELFAIR COUNTY. No. 457. An Act to repeal an Act, approved October 22, 1889, entitled an Act to prohibit person or persons from hunting and fishing on the lands of another in the county of Telfair, in the State of Georgia, except by written consent of the land-owner or his agent, and for other purposes. SECTION I. Be it enacted by the General Assembly of Georgia, That the above recited Act be, and the same is, hereby repealed. Act of Oct. 22, 1889, 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 17, 1891. PROHIBITING SEINING IN WORTH COUNTY. No. 571. An Act to prohibit seining in any waters, lakes, ponds or running streams of the county of Worth, and provide a penalty therefor, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act, it shall be illegal for any

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person or persons to seine for fish with seines constructed of twine, cotton bagging or other material, in any waters, lakes, ponds or running streams in the county of Worth; provided , that any land-owner shall have the right to seine any streams, lakes, ponds, waters or running streams on his or her land. [Illegible Text] prohibited. But one may [Illegible Text] in streams, etc., on his own land. SEC. II. Be it further enacted, That any person or persons violating the first section 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. Penalty. SEC. III. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved October 6, 1891. PROHIBITING KILLING DEER, ETC., IN WORTH COUNTY. No. 572. An Act to prevent the killing or trapping of wild turkeys, deer and quail in the county of Worth from first of April to first of September, of each year, and for other purposes. SECTION I. Be it enacted by the General Assembly, That from and after the passage of this Act, it shall be unlawful for any person or persons to kill or trap deer, wild turkeys or quail (commonly known as partridges) in the county of Worth from the first day of April to the first day of September of each year. Killing or trapping deer, turkeys or quail prohibited. From April 1 to Sept. 1. SEC. II. Be it further enacted, That any person or persons who shall violate the provisions of this Act shall be guilty of a misdemeanor, and upon conviction shall be punished as prescribed in section 4310 of the Code. Penalty. SEC. III. Be it further enacted, That all laws and parts of laws in conflict with this Act are hereby repealed. Approved October 6, 1891. PROHIBITING HUNTING ON UNINCLOSED LANDS OF ANOTHER IN MITCHELL COUNTY. No. 613. An Act to prohibit all persons from hunting on the uninclosed lands [Illegible Text] others in the county of Mitchell without written permission from the owners of such lands, and for other purposes. SECTION I. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority aforesaid, That from and after the passage of this Act, it shall be unlawful for any person or persons to hunt either with fire-arms or dogs on the uninclosed lands of another in the county of Mitchell, without written permission from the owners of such land; provided, however , that nothing contained in this Act shall prohibit hunting and fishing in the usual manner and under the usual restrictions during the months of December of each year. Hunting on uninclosed lands without written permission, forbidden. Except as to month of December.

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SEC. II. Be it further enacted by the authority aforesaid, That all persons violating the provisions of this Act shall be punished as prescribed in section 4310 of the Code of 1882. Penalty. SEC. III. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved October 10, 1891. PROHIBITING HUNTING AND FISHING ON LANDS OF ANOTHER IN COFFEE COUNTY. No. 631. An Act to prohibit a person or persons from hunting and fishing on the lands of another in the county of Coffee, in the State of Georgia, except by written consent of the owner of such land or his agent, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act, it shall be unlawful to hunt with gun and dogs or to fish with hooks and lines, with nets or any other device for killing of any game or catching or capturing of fish on the land of another in the county of Coffee, in the State of Georgia, without first having obtained from the owner of the land, or his agent, written consent. Hunting and fishing on lands [Illegible Text] another, without written consent of owner, forbidden. SEC. II. Be it further enacted by the authority aforesaid, That any person violating the preceding section shall be guilty of a misdemeanor, and on conviction thereof shall be punished as prescribed in section 4310 of the Revised Code; provided , that the above section shall not be of force and take effect until the owner of said lands have had their land lines clearly and plainly laid out, and a notice posted up in the militia district [Illegible Text] forbidding such trespass. Penalty. Lands must be laid out and posted. 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. FOR PROTECTION OF GAME IN [Illegible Text] COUNTY. No. 638. An Act for the better protection of game animals and game birds within the county of Schley; to prevent the hunting, killing, trapping, snaring or otherwise destroying them during certain seasons of the year; to prevent the destruction of the nests or eggs of said birds; to prescribe a penalty for violations of the same, and for other purposes. SECTION I. Be it enacted by the General Assembly of Georgia, That from and after the passage of this Act it shall be unlawful for any person to shoot, kill, trap, snare, net or otherwise take or destroy any deer, wild turkey, partridge or quail between the first days of April and November of each year, or any dove or doves between

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the first days of February and July of each year, or to take or destroy any nest or eggs of any of said birds at any time within the limits of the county of Schley. Shooting, snaring, etc., certain game during certain months prohibited. Taking or destroying nests or eggs of patridges or doves. SEC. II. Be it further enacted by the authority aforesaid, That any person or persons violating any of the provisions of the first section of this Act shall be guilty of a misdemeanor, and upon conviction thereof shall be punished as prescribed in section 4310 of the Code of Georgia of 1882. 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 11, 1891. PROHIBITING FISHING (EXCEPT IN FLINT RIVER) IN [Illegible Text] COUNTY OTHERWISE THAN WITH HOOK AND LINE OR SET LINES, ETC. No. 656. An Act to prevent shooting of fish or fishing in the waters of Upson county, except Flint river, with seines, traps, gill-nets or otherwise, except as hereinafter provided. SECTION I. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act it shall not be lawful for any person or persons to shoot any fish or catch or entrap fish in the waters of Upson county, except Flint river, with seines, traps, gill-nets or otherwise, except with hook and line or set line. Certain kinds of fishing (except in Flint river) prohibited. SEC. II. Be it further enacted by authority of the same, That all dams across the streams contemplated in this Act, known as fish-dams, shall be removed, or a sufficient opening made therein by the party or parties controlling the same as to allow the fish to pass said obstructions, and any person or persons violating the provisions of this Act shall be deemed guilty of a misdemeanor, and on conviction shall be punished as prescribed in section 4310 of the Code of Georgia, 1882. Fish dams to be removed [Illegible Text] opened. Penalty. SEC. III. Be it further enacted, That all laws and parts of laws in conflict with this Act are hereby repealed. Approved October 14, 1891. FOR PROTECTION OF GAME IN HANCOCK COUNTY. No. 690. An Act for the protection of game in the county of Hancock, and to provide a penalty for the violation of the same, and for other purposes. SECTION I. Be it enacted by the General Assembly of Georgia, That from and after the passage of this Act any person who shall, in the county of Hancock, at any time or in any manner, hunt, kill or take any wild turkey or any partridge between the first day of

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April and the first day of October in each year shall be guilty of a misdemeanor, and on conviction shall be punished as prescribed in section 4310 of the Code of this State. Hunting, etc., wild turkey or [Illegible Text] from April 1 to Oct. 1 prohibited. Penalty. SEC. II. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved October 16, 1891. FOR PROTECTION OF GAME IN FLOYD COUNTY. No. 746. An Act for the protection of game in Floyd county, and to provide a penalty for the violation of the same, and for other purposes. SECTION I. Be it enacted by the authority of the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That any person who shall in the county of Floyd, at any time between the first day of March and the first day of October, in any manner hunt, wound, kill or take any wild turkey or any partridge between the first day of January and the fifteenth day of August in each year, shall, on conviction, be punished by a fine of not less than twenty dollars nor more than one hundred dollars, or by imprissonment not to exceed one month, or in the discretion of the court by both fine and imprisonment, as herein provided. Hunting, etc., wild turkeys or partridges prohibited during certain months. Penalty. SEC. II. Be it further enacted, That any person who shall in said county, at any time or in any manner, net, snare or trap, or set any net, snare or trap for any partridge or any woodcock, or poison or set out poison for any partridge, or disturb or injure the nest of any wild turkey or partridge, or rob the nest of any wild turkey or partridge of its eggs or young, or buy or sell or offer to sell, or have in his possession the eggs or unfledged young of any wild turkey or partridge, shall on conviction be punished as prescribed in the first section of this Act. Netting, snaring, etc., partridges or woodcocks. Or disturbing, etc., nests of wild turkeys or partridges, etc. Penalty. SEC. III. Be it further enacted, That any person who shall in said county buy or sell or offer to sell, or have in his possession any wild turkey or any partridge between the first day of March and the first day of October in each year, or any dove between the first day of April and the fifteenth day of August in each year, shall on conviction be punished as prescribed in the first section of this Act. Buying, selling, etc, wild turkeys, partridges or doves during certain months prohibited. Penalty. SEC. IV. Be it further enacted, That the possession in said county by any person of any wild turkey full-fledged and alive, or of any partridge full-fledged and alive, between the first day of October in each year and the first day of March next succeeding, between the fifteenth day of August in each year and the first of April next succeeding, or of any woodcock, full-fledged and alive, between the fifteenth day of August in each and the first day of January next succeeding, shall be prima facie proof that such possession has been obtained by such person by netting, snaring or trapping such wild turkey or partridge, contrary to the provisions of this Act; that on

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any prosecution under this Act for the buying or selling of any wild turkey or partridge or the eggs or the unfledged young of any wild turkey or partridge, the seller or buyer, as the [Illegible Text] may be, shall be a competent witness and compelled to give testimony, and nothing then said by such witness shall, at any time, be received or given in evidence against the said witness, except on an indictment for perjury in any matter to which he may have testified; that in this Act the term partridge shall be taken and held to mean the bird commonly called by that name, though sometimes termed quail. That it shall be lawful for any person finding in said county any net, snare or trap set, used or meant for the taking of wild turkey, partridge, woodcock, forthwith to destroy said net snare or trap; that it shall be the duty of the sheriff, deputy sheriff and county municipal police in said county to report forthwith any violations of this Act coming to their knowledge to the Solicitor-General of the Rome Circuit, or to the Solicitor of the City Court in said county, and that one-half of all fines imposed and collected under this Act shall be paid to the prosecutor in the case wherein such fine is imposed and collected, and the other half, as also [Illegible Text] proceeds of all forfeitures on recognizance in cases under this Act, shall be paid to the County Treasurer of said county to the credit of a separate account to be called the game law fund, on which fund, but on none other, the Commissioners of Roads and Revenues of said county shall draw his order in favor of the prosecutor in any case under this Act. Where a fine has been imposed, but not collected, for an amount equal to one-half the amount of the fine so imposed, such orders to be paid in order of date. Possession of turkeys, partridges or woodcocks during certain months prima facie evidence of guilt. Witnesses. Definition of word [Illegible Text] Destruction of nets, scares, etc. Report by officers of violations of this Act. [Illegible Text] 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 21, 1891.

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TITLE V . REGISTRATION. ACTS. Amending Registration Law for Laurens County. Amending Registration Law for Worth County. Amending Registration Law for Floyd County. Registration Law for Bibb County. Amending Registration Law for Fulton County. New Registration Law for Pierce County. Amending Registration Law for Appling County. Registration Law for Montgomery County. New Registration Law for Baldwin County. Registration Law for Jefferson County. Registration Law for Quitman County. Amending Registration Law for Appling County. Registration Law for [Illegible Text] County. Registration Law for Chattooga County. Amending Registration Law for Dooly County. Registration Law for Liberty County. Amending Registration Law for Lee County. Registration Law for Talbot County. Amending Registration Law for Laurens County. Repealing Registration Law for Worth County. Amending Registration Law for Jasper County. Repealing Registration Law for Campbell County. Amending Registration Law for Morgan County. AMENDING REGISTRATION LAW FOR LAURENS COUNTY. No. 74. An Act to amend an Act to provide for the registration of the legal voters of Laurens county, and for other purposes, approved October 24, 1887. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That the Act approved October 24, 1887, to provide for the registration of the legal voters of Laurens county, and to provide a penalty for illegal voting or attempting to vote illegally, be, and the same is, hereby amended by adding to section 4 of said Act the words following, to-wit: Every voter in said county shall exhibit to the registrar his tax receipt for the previous year before

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such voter's name shall be registered, except such voters as may have recently come of age. Sec. 4 of Act of Oct. 24, 1887, amended. Tax receipt to be exhibited to registrar. SEC. II. Be it further enacted by the authority aforesaid, That section 6 of said Act be, and the same is, hereby amended by striking out in the 8th, 9th and 10th lines in said section the following words, to-wit: and have paid all State and county taxes due by me since the adoption of the present Constitution, except for the present year. Section 6 amended. Portion of oath required of person desiring to register stricken. SEC. III. Be it further enacted by the authority aforesaid, That section 8 of said Act be, and the same is, hereby amended by striking the entire section, and the following be inserted in lieu thereof, to-wit: That any voter who shall vote at any election provided for hereafter in this Act, and who has not complied with the requirements of this Act and its amendments, and also any tax-collector, registrar or election manager who shall likewise fail to comply with the aforesaid requirements of this Act, shall be indicted for a misdemeanor, and on conviction thereof shall be punished as prescribed in section 4310 of the Code of Georgia. Section 8 stricken. New section in [Illegible Text] thereof. Penalty for [Illegible Text] voting and for failure to comply with Act. SEC. IV. Be it further enacted by the authority aforesaid, That said Act be, and it is, hereby further amended by adding the following, to be known as section [Illegible Text] of said Act, to-wit: That each voter in said county shall exhibit his tax receipt for the year preceding the registration before his name shall be entered on the registration books, except all such as may have recently attained majority. Any voter having lost or [Illegible Text] his tax receipt for said year may procure from the tax-collector of the county a duplicate receipt, which shall be obtained upon application to said tax-collector, supported by an affidavit of said voter that said original receipt has been in his possession and that the same has been lost or mislaid, and for which said duplicate the voter shall pay a fee to said collector of ten cents, and said tax-collector shall look to the tax books of the county and ascertain if said voter's taxes have been paid for said year, and if an original receipt has been issued therefor, he may issue a duplicate receipt to said voter and stamp the same with the word `duplicate,' which said duplicate receipt shall then stand in the place of said lost original. New section added. Tax receipt for previous year to be exhibited to registrar. Lost or [Illegible Text] tax receipt, duplicate may be obtained. SEC. V. Be it further enacted by the authority aforesaid, That said Act be, and the same is, hereby further amended by adding the following, to be known as section 13 of said Act, to-wit: Each voter shall vote at the voting [Illegible Text] in the militia district wherein he resides and has registered, and it shall be the duty of the election managers in each district to have present the registry lists, [Illegible Text] by the ordinary for that district, and shall receive the vote of no person whose name does not appear in said registry lists. Additional section. Where voters must vote. Election managers must have registry list, etc. SEC. VI. Be it further enacted, That all conflicting laws are hereby repealed. Approved December 20, 1890.

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AMENDING REGISTRATION LAW FOR WORTH COUNTY. No. 84. An Act to alter and amend the registration Act for the county of Worth, approved October 27, 1887, so as to repeal section 6 of said Act and insert in lieu thereof the following: That the registrars shall not close their books of registration until three days before any election [Illegible Text] in said county, at which time they shall file with the Ordinary of said county their original books of registration, and inserting after presidential electors in the fifth line of the third section of said Act the following words: Governor, State House Officers, and County Officers, and by inserting the word next after the last word (the) in the fifteenth line of said section 3 and by striking out the words, October next in the sixteenth line of said third section, and by adding to section 2 of said Act, so as to make the Ordinary of the county of Worth General Registrar of the county, 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 above recited Act, approved October 24, 1887, be, and the same is hereby amended as follows, to-wit: section 6 of said Act be and the same is hereby repealed, and the following words inserted in lieu thereof: That the registrars shall not close their books of registration until three days before any election held in said county at which time they shall file with the Ordinary of said county the original books of registration. Sec. 6 of Act of Oct. 24, 1887, repealed. Books of registration not to be closed until three days before election, etc. SEC. II. Be is further enacted, That after the words presidential electors in the fifth line of the third section of said Act, the words Governor, State House Officers and County Officers be and he same are hereby inserted. Section 3 amended by adding: Governor, State house officers and county officers. SEC. III. Be it further enacted, That the word next be, and the same is, hereby inserted after the last word of the fifteenth line of said section 3 of the Act above recited, and the words October next in the sixteenth line of said section 3 be, and the same are, stricken therefrom. Further amendment of section 3. SEC. IV. Be it further enacted, That the second section of said Act above recited be, and the same is, hereby amended by adding thereto the following words: and the Ordinary of said county shall be a general registrar and shall register any legal voter who applies to him to be registered at any time within three days before any election, and shall be entitled to ten cents for each one registered, to be paid by the person applying to be registered; and any citizen of the county of Worth shall be entitled to register in any district of said county and to vote at any election precinet by showing or proving that he had been duly registered. Section 2 amended. Ordinary to be registrar. Fees. Persons registered entitled to vote. 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 22, 1890.

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AMENDING REGISTRATION LAW FOR FLOYD COUNTY. No. 143. An Act to amend, alter and supplement an Act to provide for the registration of voters in the county of Floyd, approved October 5, 1887, so as to provide that the Tax-Collector shall require the payment of all taxes before registering the names of voters, and to provide also for testing the right of applicants to be registered, 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 said Act be amended by striking therefrom everything that follows the word county in the seventh line thereof, and adding thereto the following: That it shall be the duty of said tax-collector to investigate the qualification of every one offering to register and to satisfy himself of the same, and in no event shall said collector register any person who has failed or refused to pay all taxes required of him by the Constitution and laws of this State, and of the payment of the same said collector shall satisfy himself by an examination of the tax-books of said county. In case applicant's name does not appear upon said tax-books for any given year, and said collector is not satisfied of the payment by said applicant of his taxes for said year, then said collector shall make inquiry concerning same until he is satisfied of the applicant's right to register. In case the name of said applicant shall not appear at all on said tax-books, then said collector shall inquire of his residence since the adoption of the Constitution of 1877, and in all cases where inquiries are made said collector shall note the substance of the information elicited opposite the applicant's name in the original book of registration. Said collector shall have authority to frame questions in accordance with the above requirements and to which he shall require answers on oath, which oath he shall have authority to administer. Sec. 1 of Act of Oct. 5, 1887, amended. By striking certain words and adding others. Tax-collector to examine qualifications of applicants. And register no one who has failed to pay taxes, etc. Where name is not on tax book inquiry to be made. Substance of information obtained to be entered on registration book, etc. SEC. II. Be it further enacted, That said Act shall be further amended by striking out of the second line of section 3 the word ten and substituting therefor fifteen, and striking out of the tenth line of said section the word ten and substituting fifteen therefor. Section 2 amended by substituting fifteen for ten. SEC. III. Be it further enacted, That said Act shall further be amended by striking out all of section 4 and substituting therefor the following: In registering voters in the Rome district of said county, in addition to the inquiries set forth in section 1, it shall be the duty of the tax-collector to inquire of said applicant whether he resides within or without the limits of the city of Rome, Forestville or East Rome, and to set opposite his name the street, number and location of the residence of said applicant. The original books of registration shall always be open for public inspection, and any citizen being satisfied that any person has been illegally registered or is not qualified to vote, may file at any time a written

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affidavit setting forth, to the best of his knowledge and belief, the grounds of said illegality of said disqualification, before any justice of the peace of the district where the name of said person is registered, and it shall be the duty of any constable of the county in whose hands a copy of the same is placed to leave said copy at the most notorious place of abode of said person described in the affidavit, and if said person does not reside in said district, then said constable shall post one copy of said affidavit, with the date thereon of said posting at the court-house door in Rome, and one at the place of holding the justice's court of said district, and make immediate return of all his acting and doings thereon to the justice before whom the affidavit was made. The return of said constable shall be prima [Illegible Text] evidence of the truth of said service and posting. Within five days after the date of service of said affidavit or posting thereof, the defendant in said affidavit, to-wit, the person charged therein with being illegally registered or being otherwise disqualified to vote, shall appear in person before the justice of the peace before whom the affidavit was made and make a counter-affidavit controverting on oath the material allegations set forth in the first affidavit. If the defendant is absent from the district when said affidavit is filed and will not return before the expiration of the five days, or is providentially hindered from filing in person said counter-affidavit, any other person who knows the facts [Illegible Text] may make and file said counter-affidavit. If at the expiration of the said five days the counter-affidavit above provided has not been filed, then it shall be the duty of the said justice of the peace to furnish instanter the affiant in the original affidavit a certificate setting forth the filing of said affidavit, the service or posting, and the failure of defendant to file counter-affidavit, and upon presentation of the same, said tax-collector shall strike from the list of registration the name of said defendant in affidavit. Said justice of the peace shall be entitled to twenty-five cents each for attesting and filing said affidavit and counter-affidavit, and said constable shall be entitled to thirty cents for the service and return and twenty-five cents additional for each copy posted, costs in every case to be taxed against the plaintiff in affidavit. Section 4 stricken. New section. Inquiries to be made in registering votes in Rome districts. Registration book to be open for inspection. Contested registration. SEC. IV. Be it further enacted, That said Act shall be further amended by adding to section 9, after the last word therein, the following: and shall be liable to said county for all taxes of any and all persons registered by him, under the provisions of this Act, who at the time of such registration shall be in arrears upon the books of said county for taxes due the same, just as fully as if said collector had received the same. Section 9 amended. Registrar liable for unpaid taxes of persons registered by him. SEC. V. Be it further enacted, That said Act shall further be amended by adding to section 13, after the last word therein, the following: and five cents additional in each instance where inquiries are made and information noted under section 1. Section 13 amended. Fees of registrar. 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.

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REGISTRATION LAW FOR BIBB COUNTY. No. 185. An Act to require and provide for the registration of all voters in the county of Bibb, and to provide for carrying the same into effect, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the first day of January, 1891, the tax-collector of the county of Bibb shall be by virtue of his office registrar of voters in and for said county, and shall take an oath before the Ordinary of said county, faithfully to discharge the duties imposed by this Act. It shall be the duty as such registrar by or before the 15th day of December in each and every year to register all persons who are legally entitled to vote, and who make application for registration as voters in all elections to be held in said county within the next ensuing year in the following manner, to-wit: Said registrar shall write or stamp the words registered for all elections in the year 18, with the date of registration and name of registrar both on the tax receipts and upon the stubs in their books of tax receipts, the blank in the year to be filled out with the figures representing the year in which said registered voters are qualified to vote. That the Board of Commissioners of Roads and Revenue of said county shall furnish to said registrar a well bound book in which said registrar shall transcribe in alphabetical order the names of all registered voters in said county, white and colored voters being kept separate and in the militia district in which he resides, if outside the corporate limits of the city of Macon, and if he resides within the corporate limits of the city of Macon, then in the list of voters of the ward in which he resides. As soon as said book is completed, to deposit the same in the office of the aforesaid commissioner to be kept there subject to public inspection at all times during office hours as other public records of said county. Tax-collector made [Illegible Text] His oath. [Illegible Text] as to [Illegible Text] Book to be furnished registrar in which names of voters to be transcribed etc. And deposited with commissioners, subject to public inspection. SEC. II. Be it further enacted, That all persons voting at elections to be held in said county after the 15th day of December, 1891, shall vote in the militia district, in which he may reside and for which he is registered, unless the polls are not open at any [Illegible Text], in which event the voter of such district shall be allowed to vote at the court-house [Illegible Text] of said county. Any registered [Illegible Text] removing from one district to another shall nevertheless be allowed to vote at the precinct for which he is registered, notwithstanding the fact of his removal. That no person shall be entitled to vote at any election to be held in said county unless he shall have registered as required by the Act, and any person who shall hereafter vote at any election held in said county without being registered as herein required shall be guilty of a misdemeanor, and upon conviction shall be punished as prescribed in section 4310 of the Code of Georgia. Where voters must vote. No [Illegible Text] may vote who has not registered. Penalty.

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SEC. III. Be it further enacted, That in case the registrar fails or refuses to turn over his registration books to the commissioners of roads and revenues within five days after their closing, he shall forfeit the money due him under this Act, and also be punished as prescribed in section 4310 of the Code of Georgia. Failure to turn over book to commissioners. SEC. IV. Be it further enacted, That the Board of Commissioners of Roads and Revenues of said county shall cause to be printed said alphabetical lists of said voters so registered, and shall cause to be furnished to the managers of elections at each precinct in said county two copies of the list of the registered voters for the district or ward in which said precinct is situated; and said managers shall not permit any person to vote at any election held by them whose name does not appear on said registration lists. Alphabetical lists to be furnished electior, managers. And no person whose name is not on list can vote. SEC. V. Be it further enacted, That the registration of voters as herein provided for shall not not be conclusive evidence of the right of the person registered to vote, but the right to contest shall apply, and may be resorted to, as in all elections under existing laws; provided , that no person shall be entitled to registration unless he takes the following oath: I swear that I am a citizen of the United States; that I have been a resident of the State of Georgia for one year and of the county of Bibb for six months next preceding the coming election; that I have paid all State and county taxes due by me and which I have had an opportunity of paying since the adoption of the Constitution of 1877, except taxes for the current year; provided further , that any person taking the foregoing oath before either the registrar or the Board of Commissioners of Roads and Revenues, who shall make any untrue statement therein, shall be guilty of false swearing, and upon conviction shall be punished as prescribed in section 4463 of Code of 1882. Registration not conclusive evidence of right to vote. Oath of person applying for registration. Penalty for false swearing. SEC. VI. Be it further enacted, That any person who, on account of age, and having no property, or from other cause, is tax free, and whose name does not appear upon the tax books, and who is otherwise entitled to vote, shall, upon application to the registrar, be entitled to have his name entered on said registration lists and receive from said registrar a certificate of registration, which will entitle him to all the privileges of other registered voters. Persons entitled to vote whose names are not on tax books may be registered etc. SEC. VII. Be it further enacted, That if any person shall, between the times of registration, from having moved into the county or having attained his majority, becomes entitled to vote, and any person who is entitled to registration, and from providential cause is not registered, may make application for registration to the Board of Commissioners of Roads and Revenue of said county, and upon its being made to fully appear that said applicant is entitled to registration under this Act, said Board of Commissioners shall direct and order that the name of said applicant be entered in the proper place on said registration lists; provided , that no application for registration under this section shall be made or acted on within fifteen days next preceding any election day. Regulations as to persons obtaining right to vote between times of registration, or providentially prevented from registering. SEC. VIII. Be it further enacted, That if at any time it shall be made to appear to the Board of Commissioners of Roads and Revenue

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of said county, by petition of one or more citizens, that there is entered upon said registration lists the name of any person who is not entitled to registration, then the said Board of Commissioners shall have authority, and it is hereby made the duty of the same, to cause a rule to be issued against both the registrar and the person alleged to be illegally registered, calling upon them to show cause at a certain time and place, in said rule specified, why said registration list should not be contested, a copy of which rule must be served upon the parties against whom it is issued by the sheriff or any bailiff of said county at least fifteen days before the time set for the hearing of the same. If upon the hearing it shall appear that said registration is illegal, the Board of Commissioners shall order the name of such illegally registered person to be stricken from said registration lists. Correction of registration lists. SEC. IX. Be it further enacted, That persons who have been refused registration, or whose names have been stricken from the lists for cause shown, may at any time when the registration books are open, make a new application, and upon showing that the cause of disqualification is removed, may be registered as a qualified voter. New application for registration. SEC. X. Be it further enacted, That the amount of compensation for the services rendered by the registrar under this Act shall be five cents for each person registered, to be paid from the county treasury on the order of the aforesaid commissioners. Compensation of registrar. 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. AMENDING REGISTRATION LAW FOR FULTON COUNTY. No. 193. An Act to amend an Act entitled an Act to authorize and require the registration of all voters in the county of Fulton, in this State, and to provide methods of such registration, and for other purposes, approved August 28, 1889, so as to authorize and require the registrar to administer a certain oath to each applicant for registration, and to provide for the revision of the registration by a Board of Revisers and pay for the same, and to make it a misdemeanor for one to register illegally, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That section 1 of an Act approved August 28, 1889, entitled an Act to authorize and require the registration of all voters in the county of Fulton, in this State, and to provide methods of such registration, be, and the same is, hereby amended by striking out the last twelve lines of said section, beginning with the words and no person shall be registered, etc., and inserting in lieu thereof the following: And no person shall be registered unless he shall take the following oath: `Georgia, Fulton county. I,.....,

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do swear or affirm that I am a citizen of the United States, and that I have resided in this State one year and in this county six months next preceding the coming election; that I am twenty-one years old, or will be before said election; that I have paid all taxes which since the Constitution of 1877 have been required of me previous to this year and which I have had an opportunity to pay, and that I reside in..... district, Fulton county, or at No...... on..... street in..... ward, Atlanta, Georgia. Sworn to and subscribed before me this..... day of..... 189.....;' provided , that if the street has no number or the number is not known to the person being registered, the name of the street shall be given, and shall also give or indicate the general locality or place on said street. Subscribing to this oath in the presence of the registrar or one of his assistants who is a notary public shall be considered as taking said oath for all intents and purposes as if sworn to in regular form with affiant's hand on the Bible, and any untrue statement in the same shall be false swearing and punishable as by statute provided in section 4463 of the Code of 1882, 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, that the tax-collector of the county of Fulton shall be by virtue of his office the registrar of said county, and in addition to his oath as tax-collector he shall take an oath before the Ordinary of Fulton county to faithfully discharge the duties imposed by this Act. It shall be the duty of such registrar to register all persons paying their tax, who are legally qualified to vote, in the following manner: said registrar shall stamp or write the word `registered' upon the tax-receipt of the person registering and also upon the stub to his book of tax-receipts, and he shall record the name of the person registering, together with his color, district and voting precinct in Fulton county if outside the corporate limits of the city of Atlanta, his residence and ward and voting precinct, in a book or books provided for the purpose, at the time the tax is paid, and shall register all who are qualified to register and who make the affidavit, at any time when called on to do so, except as hereinafter provided. He shall not register any person who has been convicted in any court of competent jurisdiction of treason against the State, of embezzlement of public funds, malfeasance in office, bribery or [Illegible Text] or of any crime involving moral turpitude, punishable by the laws of this State with imprisonment in the penitentiary, without having been pardoned; and if by inadvertence or otherwise any such person shall be registered, it is hereby made the duty of the Board of Revisers hereinafter provided for to strike from the registry list or lists the name of any such person or persons. His book for registering shall be closed fifteen days before each election. All persons voting shall vote in the district in which they reside, except those who live within the corporate limits of the city of Atlanta, and they shall vote in the ward precincts for which they are registered. All applications to register must be

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in person, and no person shall be registered unless he shall take the following oath: `Georgia, Fulton county. I,....., do swear or affirm that I am a citizen of the United, States and that I have resided in this State one year and in this county six months next preceding the coming election; that I am twenty-one years old or will be before said election; that I have paid all taxes which, since the Constitution of 1877 have been required of me previous to this year and which I have had an opportunity to pay; and that I reside in..... district, Fulton county, or at No...... on..... street in..... ward, Atlanta, Georgia. Sworn to and subscribed before me, this..... day of....., 189.....;' provided , that if the street has no number, or the number is not known to the person being registered, the name of the street shall be given, and shall also give or indicate the general locality or place on said street. Subscribing to this oath in the presence of the registrar or one of his assistants who is a notary public shall be considered as taking said oath for all intents and purposes as if sworn to in regular form with affiant's hand on the Bible, and any untrue statement in the same shall be false swearing and punishable as by statute provided in section 4463 of the Code of 1882. Sec. I of Act of Aug. 28, 1889, amended. Last twelve lines stricken. Oath required of applicants for registry etc. Penalty for false swearing. Section as amended. SEC. II. Be it further enacted, That said Act be, and the same is, hereby amended by striking therefrom all of section 2 thereof, which provides for the registration of persons over sixty years of age and those otherwise exempt from poll-tax, and inserting in lieu thereof the following as section 2: Be it further enacted, That it shall be the duty of the registrar immediately upon the close of his books, to make out alphabetical lists of the registered voters for each district of said county, and for each ward precinct in the city of Atlanta, and deliver the same to the Ordinary of Fulton county within five days after the close of the registration books. Said Ordinary and said registrar, together with the tax-receiver of said county shall immediately convene in the Ordinary's office as a Board of Revisers and proceed to revise the said lists furnished by the said registrar, by expunging from the same all names of persons illegally registered and by adding to the same the names of all persons whose names may have been left off by mistake. Said Ordinary shall be the chairman of the Board of Revisers who shall be authorized to summon witnesses and compel the production of papers in their investigations. A majority of the board shall decide all questions arising before them. Any bailiff of the county shall wait upon said board and serve all papers and summons when so required by the board, and receive usual compensation for his services. Said board shall be judges of the law and decide all cases in accord therewith in the light of the evidence before them. Their investigation shall be as thorough as practical, but in no case shall they sit longer than five days, completing their work at least five days before said election. Section 2 stricken. New section. Alphabetical lists of voters to be delivered to ordinary. Revision of lists. Authority of Board of Revisers. Quorum. Bailiff. How cases shall be decided. When investigation must be completed. SEC. III. Be it further enacted, That section 5 of said Act be, and the same is, hereby amended by inserting in the last line thereof before the words shall be punished, the words or who shall register illegally, so that the section, when amended, shall read as follows:

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Section 5. Be it further enacted, That any person voting at any one of said elections without having registered as aforesaid, or who shall vote in the name of some person appearing on said list other than his own name, or who shall register illegally, shall be punished as is prescribed in section 4310 of the Code of 1882. Section 5 amended. Illegal registration. Section as amended. SEC. IV. Be it further enacted, That section 12 be, and the same is, hereby amended by inserting in the fourth line of said section after the word registration, the words and shall pay the said registrar and the said tax-receiver each the sum of fifty dollars ($50) per annum for services as members of the Board of Revisers, and by striking out him in the fifth line and inserting the words the Ordinary, so that said section shall read, when amended, as follows: Section 12. Be it further enacted, That the Commissioners of Roads and Revenues of Fulton county are hereby authorized and required to pay the sum of two hundred dollars per annum for his services in compiling such registration, and shall pay the said registrar and the said tax-receiver each the sum of fifty dollars per annum for services as members of the Board of Revisers, and shall also pay the Ordinary the expenses of printing such registration lists out of any moneys belonging to Fulton county. Section 12 amended. Compensation of revisers. Ordinary to be paid expenses of printing lists. Section as amended. SEC. V. Be it further enacted, That all laws in conflict with this Act be, and the same are, hereby repealed. Approved December 27, 1890. NEW REGISTRATION LAW FOR PIERCE COUNTY. No. 201. An Act to amend the registration law of Pierce county, Georgia, and to provide for the registration of the qualified voters of said county, and to provide that the same shall be done before the Receiver of tax returns of said county, and to prescribe his duties in connection, and fix his compensation; also to fix the time, place and manner of such registration; also to provide that no person shall be entitled to vote in any election to be held hereafter in said county of Pierce, unless he shall have complied with the terms of this Act: and to provide a penalty for the violation of the provisions of this Act. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That the Act providing for the registration of voters in Pierce county, approved August 16, 1889, be amended by striking out all of said Act after the enacting clause, and substituting in lieu thereof the following provisions, so that said Act, when amended, shall read as follows: Section 1. Be it enacted by the General Assembly of the State of Georgia, That from and after the first day of January, 1892, it shall not be lawful for any person to vote or attempt to vote in any election in the county of Pierce, without having registered in the manner as hereinafter provided. All of Act of Aug. 16, 1889, after enacting clause, stricken. Registration required.

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SEC. II. Be it further enacted by the authority aforesaid, That the receiver of tax returns of said county of Pierce shall be registrar of said county, and shall, before entering upon the duties as such, take and subscribe the following oath: I,....., do swear that I will not knowingly register as a voter any person who is not legally qualified to vote under the laws of this State and the provisions of the Constitution, and that I will use my best efforts to prevent the registration of all such persons not entitled to vote. Tax receiver to be registrar. Official oath. SEC. III. Be it further enacted, That it shall be the duty of the registrar of said county, during the year of 1891 and biennially thereafter or during each year that elections are held for Governors, members of the General Assembly, members of Congress and presidential electors, to keep a book in which he shall enter, upon the personal application of any person entitled under the Constitution and laws of Georgia to vote in any election in said State, the name of such person; provided , all persons applying to be registered, shall do so in their respective militia districts in which they reside and shall be registered in and for said districts, and before registering such persons, said registrar shall administer to them the following oath: I,....., do swear that I reside in..... district, G. M., of said county; that I have attained the age of twenty-one years: that I am a citizen of the United States, and have resided for the last twelve months in this State next preceding the election to be held in October next, and six months in the county of Pierce next preceding said election; that I have paid all taxes since the adoption of the present Constitution of the State that have been required of me previous to this year and which I have had an opportunity to pay. For what elections registration to be made. Applications for registry. Oath of applicant. SEC. IV. Be it further enacted, That no person shall be entitled to vote at any election in said county unless he shall have registered as required by this Act, and any person who has not registered and who shall vote or attempt to vote at any election in said county, shall be guilty of a misdemeanor and upon conviction shall be punished as prescribed in section 4310 of the Code of Georgia. No person can vote unless registered. [Illegible Text] SEC. V. Be it further enacted, That said registrar shall enter the names of such persons as registered in his book of registration in alphabetical order, keeping separate lists of white voters and separate lists of the colored voters. Names [Illegible Text] alphabetically. Separate lists white and colored. SEC. VI. Be it further enacted, That on the first day of August in each year in which he is required to make registration of the voters, the [Illegible Text] shall close his work of registration, and by the fifth day of August he shall file with the ordinary of said county the original books of registration; should there be names of persons improperly entered upon said register lists, it shall be lawful for the ordinary, upon sufficient proof made to him under oath, to correct such error and properly enter the name or names upon the registry list. Close of registration. Books to be filed with ordinary. Purgation of lists. SEC. VII. Be it further enacted, That it shall be the duty of the Ordinary of said county to make out for each militia district a complete list of the white registered voters and also of the colored registered

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voters, separately and in alphabetical order, and send the same to the justice of the peace of each district when he sends the election blanks to said district to be used by the managers of the election in said district. When said election is over said justice of the peace or managers of election shall return said lists to the ordinary of said county, to be preserved by him for inspection of the grand jury until the elections thereafter, when the same course shall be pursued with said lists. Lists to be furnished election managers. And after elections returned to ordinary, etc. SEC. VIII. Be it further enacted, That any person offering to vote at any election in said county shall be subject to challenge under the same rules and regulations as now govern, notwithstanding the provisions of this Act. Challenges. SEC. IX. Be it further enacted, That the registrar shall receive five cents per capita for each and every person registered by him for their services in this connection, to be paid out of the general funds of said county upon an order of the ordinary, and the ordinary of said county one cent per capita . Compensation of registrars. SEC. X. Be it further enacted, That nothing herein contained shall apply to any person or persons arriving at the age of twenty-one years after the books of registration shall have been closed and before the election at which he offers to vote; provided, further , that he is otherwise qualified to vote under the laws of this State. This Act not applicable to those reaching majority after registration closes. 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. AMENDING REGISTRATION LAW FOR APPLING COUNTY. No. 203. An Act to amend an Act to authorize and require the registration of all voters in the county of Appling, in this State, approved October 7, 1885, Acts of the Legislature, 1884-5, page 625, so as devolve the duty of registering the qualified voters of said county upon the tax-receiver, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act, it shall be the duty of the tax-receiver of Appling county to register all voters of said county, after having the proper oath administered to them, as is now prescribed by law. Tax-receiver to be registrar. SEC. II. Be it further enacted, That it shall be the duty of the ordinary of said county to furnish to the tax-receiver books and blank oaths for registering said voters, and that said tax-receiver make return of said registration list or books as now prescribed by law to ordinary; that he cause to be published said voters and send out to each voting precinct in said county, as now prescribed by law. Ordinary furnish books, etc., returned to him, lists published and sent to precincts. SEC. III. Be it further enacted, That the tax-receiver receive a salary of fifty ($50) dollars for each year he registers the voters in said county, as now prescribed by law. Salary of registrar.

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SEC. IV. Be it further enacted, That all laws and parts of laws in conflict with this Act are now hereby repealed. Approved December 27, 1890. REGISTRATION LAW FOR MONTGOMERY COUNTY. No. 283. An Act to require and provide for the registration of the legal voters of Montgomery county, and to provide a penalty for the violation of the same. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the fifteenth day of September, eighteen hundred and ninety-two, it shall be unlawful for any person to vote or attempt to vote in any election in the county of Montgomery without having registered in the manner hereinafter provided. Registration required. SEC. II. Be it further enacted, That it shall be the duty of the receiver of tax returns of Montgomery county during the year 1892 and biennially thereafter, or during such years as elections are held for Governor and members of the General Assembly, members of Congress and presidential electors, to keep a book in which he shall enter upon application the names in alphabetical order of all persons entitled under the Constitution and laws of Georgia to vote any election in this State. Tax receiver to be registrar. Names to be entered alphabetically. SEC. III. Be it further enacted by the authority aforesaid, That it shall be the duty of said receiver of tax returns to open his books for registration on the first day of April and close them on the fifteenth day of September of the years in which he is required to make the registration, and that immediately after the closing of said book the said receiver of tax returns shall arrange the names of the persons registered alphabetically by districts, separating the whites from the colored, and shall then certify the same to be a true and correct list of the persons who have registered and shall turn over said lists and the book of registration to the Commissioners of Roads and Revenues of said county by the twentieth day of September, and it shall be the duty of said commissioners to furnish or cause to be furnished to the managers of elections at each election precinct in said county a list of the registered voters residing in said militia district. When books shall open and close. Arrangement of names of voters. Lists and books to be turned over to commissioners. Lists to be furnished election manager. SEC. IV. Be it further enacted, That it shall be the duty of the Board of Commissioners of Roads and Revenues of said county to furnish to the receiver of tax returns a book, upon the top of each page of which shall be written or printed the following oath: I do swear (or affirm) that I am twenty-one years of age, have resided in this State one year and in the county six months next preceding the next election, that I have paid all taxes which, since the adoption of the present Constitution of this State, have been required of me previous to this year and which I have had an opportunity to [Illegible Text] and I am a resident of..... district in said county; and at the

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foot of each page shall be printed or written the following certificate: I hereby certify that the parties named on this page took and subscribed before me the foregoing oath on the date opposite their respective names. This day..... of....., 18.....,....., Registrar. Registration book to be furnished registrars. Oath of applicant. Certificate of registration. SEC. V. Be it further enacted by the authority aforesaid, That for the elections to be held in November for congressmen and presidential electors and in January for county officers and for any special elections, the said county commissioners shall cause the last preceding registration lists to be revised so as to include any person who may have become qualified to vote since the last preceding October election and so as to exclude any who may have become disqualified, and when the lists are so revised they shall be furnished the managers of elections of each election precinct, and no person at any said elections shall be entitled to vote unless his name appears on said registration list or said revised list. Revision of lists, etc. SEC. VI. Be it further enacted, That no person shall be entitled to vote at any election unless he shall have registered as required by this Act, and any person who has not registered and who shall vote at any election mentioned in this Act shall, upon conviction, be punished as prescribed in section 4310 of the Code of Georgia. No unregistered person may vote. Penalty. SEC. VII. Be it further enacted by authority of the same, That all persons voting in any election in said county shall vote in the district in which they reside and for which they are registered. Vote must be cast in district of residence. SEC. VIII. Be it enacted by the authority aforesaid, That it shall be the duty of the managers of elections at every precinct to return to the Board of County Commissioners the lists of registration furnished them by said board immediately after each election. Lists to be returned after election to county commissioners. SEC. IX. Be it further enacted, That it shall be the duty of the registrar or receiver of tax returns before entering upon his duties to appear before the Board of County Commissioners and take an oath that he will faithfully and impartially discharge the duties imposed by this Act, and any one of said commissioners is impowered to administer said oath. Oath of registrar. SEC. X. Be it enacted by authority of the same, That the receiver of tax returns for the labor herein imposed shall be paid such sum as may be fixed by the Commissioners of Roads and Revenues of said county, and said commissioners shall have the authority to draw their warrant on the county treasurer for such compensation and for all other expenses connected with said registration. Compensation of registrar, etc. SEC. XI. Be it further enacted, That all laws and parts of laws in conflict with this Act are hereby repealed. Approved August 11, 1891.

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NEW REGISTRATION LAW FOR BALDWIN COUNTY. No. 285. An Act to repeal an Act, approved December 18, 1884, so far as the same applies to the county of Baldwin, and to further provide for and require all voters of said Baldwin county to register; to provide the manner in which said registration shall be had, 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 of the Act of the General Assembly of said State, approved December 18, 1884, be, and the same is, hereby repealed, so far as the same applies to the county of Baldwin. Act of Dec. 18, 1884, repealed so far as applicable to Baldwin county. SEC. II. Be it further enacted by the authority aforesaid, That the tax-collector of said county of Baldwin shall be ex officio the registrar of said county, and that his compensation for services as registrar shall not exceed the sum of one hundred and fifty dollars per annum, which shall be fixed by the grand jury at each spring term of the Superior Court for Baldwin county annually, and which shall be paid out of the county funds as other salaries of officers are now paid. Tax-collector to be registrar. Compensation. SEC. III. Be it further enacted by the authority aforesaid, That said tax-collector shall open books for the registration of the legal voters of Baldwin county each year, beginning on the day the books are opened for the collection of State and county taxes, and closing on the day said last named books are closed, and said tax-collector shall give notice of the days of opening and closing the registration books respectively by publication and also by posting written notice at the court-house door for at least twenty days. Said tax-collector shall attend at his office in the court-house every day from nine o'clock A. M. to three o'clock P. M., except Sundays, so that all persons qualified to vote may register. All applications to register shall be made in person, and each voter shall take and subscribe to the following oath: I do swear that I am a citizen of the United States; that I have resided in the State of Georgia one year preceding this registration, and in the county of Baldwin six month; that I am twenty-one years of age, or will attain majority before the elections following this registration, and have paid all taxes required of me by law and which I have had an opportunity, so help me God. Said tax-collector shall have power to administer said oath, and shall file and deliver the same to the ordinary of said county together with a certified and accurate list of the registered voters of said county within five days after the closing of said books. In addition to the foregoing, said tax-collector shall, at the time of the payment of the taxes by each voter, stamp upon the receipt therefor the word registered, and shall also stamp in the same way and manner the stub on his tax book for such voter and tax-payer. Opening and closing of books. Notice thereof. Hours for registration. Oath of applicant. Lists, etc., to be delivered to ordinary. Tax receipts and stubs to be stamped.

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SEC. IV. Be it further enacted by the authority aforesaid, That the ordinary of Baldwin county shall cause to be made alphabetical lists of such voters so registered, and according to militia districts, and shall furnish the managers of each election precinct with the same before each election, and said managers shall not permit any person to vote at said election whose name does not appear on said lists; and if said managers shall permit any one not registered to vote at any election held, or if any person shall vote at such election without having duly registered as required herein, or shall personate another who has registered and vote, such person may be indicted, and on conviction shall be punished as prescribed in section 4310 of the Code of the State. Alphabetical lists to be furnished election managers. Who shall not permit vote by person not on list. Penalties. SEC. V. Be it further enacted by the authority aforesaid, That all conflicting laws be, and the same are, hereby repealed. Approved August 11, 1891. REGISTRATION LAW FOR JEFFERSON COUNTY. No. 293. An Act to require and provide for the registration of all the voters in the county of Jefferson; to provide for carrying the same into effect, and to prescribe a punishment for illegal registering and illegal voting. SECTION I. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act, it shall be illegal for any person to vote at any election held in the county of Jefferson unless he shall have complied with the terms of this Act. Registration required. SEC. II. Be it further enacted, The tax collector of the county of Jefferson shall, by virtue of his office, be registrar of said county and shall take an oath before the Ordinary of said county to faithfully discharge the duties imposed by this Act. It shall be his duty as such registrar to register all persons applying, who are legally qualified to vote in the following manner: The registrar shall stamp or write the word registered both upon the tax receipt of the person registering, and also upon the stub in their book of tax receipts, together with the date of registration and the year and election for which said person is registered. Their books for registration shall be closed ten days before each election. Any person arriving of legal age between the time of closing the books and the election shall be entitled to vote without registration at that election. All persons voting, shall vote in the district in which they reside and for which they have registered. In case any voter already registered changes his residence from the district where he has registered, by making affidavit in writing of that fact to the Ordinary or registrar, he may have his name erased from the list of the district of his former residence and inserted in the list of the district of his present residence. The payment of taxes by a voter shall of itself be a registration, but

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all other applications for registration shall be in person, and no person shall be registered unless he is a legal voter under the laws of this State, of which fact the registrar may require the applicant to make oath. It shall be the duty of the registrar, immediately on the closing of his books, to make out alphabetical lists of registered voters for each militia district in his county and turn the same over to the Ordinary of said county. Tax-collector to be registrar. Oath of office. Manner of registration. Closing registration. Persons coming of age, etc, may vote. Vote must be in district, etc. Change of residence, etc. Payment of taxes a registration. Other applications. Oath of applicant. Lists to be turned over to ordinary. SEC. III. Be it further enacted, That the Ordinary shall cause to be written or printed said alphabetical lists of said voters registered, and shall furnish the managers of elections at each precinct certified copies of the list of registered voters of the district in which they sit; and said managers shall not permit any person to vote at said election whose name does not appear on said list, unless provided for in this Act; and provided further , that any person exhibiting his tax receipt with the word registered stamped or written on it by said registrar shall be allowed to vote, although his name does not appear in the list in the hands of the managers of said election. But if said stamping or writing of the word registered upon the tax receipt has been done after the time for closing the registration, said vote shall be illegal, and the voter and all persons concerned in the unlawful stamping and writing shall be guilty of a misdemeanor and punished as prescribed in section 4310 of the Code. Lists to be furnished election managers. Voter's name must be on list, or tax receipt exhibited. Unlawful stamping or writing of registered on receipt. SEC. IV. Be it further enacted, That the compensation of the registrar shall be two and one-half cents for each person registering to be paid from the county treasury on the order of the Ordinary. Compensation of registrar. SEC. V. Be it further enacted, That each registration shall hold good till the first day of January after said registration, and registration shall be annual; provided , any voter shall have the right to register at any time, save during the ten days immediately prior to the election. Registration to be annual. Time for registration. SEC. VI. Be it further enacted, That the Ordinary shall furnish to the registrar a well-bound book in which the registrar shall transcribe in alphabetical order the names of all registered voters and the militia district for which they have registered, keeping the registry list for each year separate, and it shall be the duty of the registrar to deposit said book with the Ordinary on or before the day of election. Books to be furnished registrar, etc. SEC. VII. Be it further enacted, That the registration of the voter shall not be conclusive evidence of the right of the person registered to vote, but the right of contest shall apply to all elections herein provided for. Registration not conclusive as to right to vote. SEC. VIII. Be it further enacted, That any person violating any of [Illegible Text] provisions of this Act be deemed guilty of a misdemeanor and [Illegible Text] as prescribed in section 4310 of the Code. Penalty for violation of this Act. SEC. IX. Be it further enacted, That all laws and parts of laws in conflict herewith be, and the same are, hereby repealed. Approved August 14, 1891.

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REGISTRATION LAW FOR QUITMAN COUNTY. No. 321. An Act to provide for the registration of the qualified voters of Quitman county, and to provide for carrying the same into effect, and for other purposes. SECTION I. Be it enacted by the General Assembly of Georgia, That from and after the first day of September, 1892, it shall be unlawful for any person to vote in any election in the county of Quitman without having registered in the manner as hereinafter provided. Registration required. SEC. II. Be it further enacted, That the Justice of the Peace of each militia district of said county shall be the registrars, or in case of sickness or of the absence of the justice, then the Notary Public of the district, or of a vacancy in the office of Notary Public, then the Ordinary shall appoint by recommendation some citizen of that district to be the registrar, and shall, before entering upon his duties as such, subscribe to the following oath before the Ordinary of said county: I do swear that I will not knowingly register as a voter any person who is not legally qualified to vote under the laws of this State and the provisions of the Constitution, and that I will use my best effort to prevent the registration of all persons not entitled to vote. The registrars shall be provided by the commissioners' court of roads and revenues of said county with suitable books and blank certificates. These books shall be known as the books of registration of said county. In these books the registrars shall enter, upon the personal application of any person entitled under the Constitution and laws of the State of Georgia to vote in any election in this State, the name of such person and the militia district in which he resides, in alphabetical order, keeping a separate list of the white voters and separate list of the colored voters; but before entering said name he shall administer the following oath: I do swear that I reside in..... district, Georgia militia, of Quitman county; that I have attained the age of twenty-one years; that I am a citizen of the United States and have resided for the last twelve months in this State next preceding the election to be held in October next, and six months in the county of Quitman next preceding said election; that I have paid all taxes since the adoption of the present Constitution of this State that have been required of me previous to this year and which I have had an opportunity to pay. Justice of the peace or notary public to be registrar. Vacancies. Oath of office. Registrars to be provided with books and blanks. Manner in which the books shall be used. Oath of applicant. SEC. III. Be it further enacted, That the books of registration shall be opened for the registration of voters at each term of the justice court, to be held in each militia district in said county for the months previous to the time fixed for closing said books of registration. Said registrars are authorized to register voters at any other time and place, as they may see proper, within the said time, so as to close his books fifteen days before each general election to

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be held in said county for members of the General Assembly. The registrars shall give at least twenty days' notice, to be posted at the court-house of his district and at other places, as he may deem proper, of the day he will close his books for the registration of voters in his district. Opening and closing of registration, etc. Notice of closing books. SEC. IV. Be it further enacted, That it shall be the duty of the county commissioners to furnish said registrar before he enters upon his duties with a full and complete defaulters' list, and when any person whose name appears on the defaulters' list shall qualify by taking the oath hereinbefore prescribed, it shall be the duty of the registrar to make a separate list in the registration book of said names under the heading, persons on defaulters' list who have qualified, and it shall be the duty of the ordinary to present this list to the county commissioners for investigation and comparision with the insolvent list allowed tax-collectors. If the investigation proves that any person has registered unlawfully the ordinary shall issue a rule calling on such person or persons to show cause why his name should not be stricken from said list of registered voters and his certificate made void, which rule must be served on such person by some officer designated by the ordinary or by leaving a copy at his most notorious place of abode at least five days before the day of hearing. Lists of defaulters to be furnished registrars. Separate lists of persons on defaulter's list who [Illegible Text]. To be investigated. [Illegible Text] of list. SEC. V. Be it further enacted, That no person shall be entitled to vote at any election in said county unless he shall have registered as required by this Act, and any person who has not registered and who shall vote at any election, shall be guilty of a misdemeanor, and upon conviction shall be punished as prescribed in section 4310 of the Code of Georgia. No unregistered person can vote. Penalty. SEC. VI. Be it further enacted, That the first registration to be made under this Act shall be made in the year 1892, and every two years thereafter. First registration under this Act. SEC. VII. Be it further enacted, That all persons voting at any election in said county provided by law shall vote in the district in which he lives. Vote must be in district of residence. SEC. VIII. Be it further enacted, That the registrars shall close the books of registration fifteen days before the general election in October, and shall have their books of registration filed with the ordinary within five days. The ordinary shall make out for each militia district a complete list of the white registered voters, and the colored registered voters separately and in alphabetical order, verified from the registration books, and have printed five separate lists for [Illegible Text] district to be sent with the election blanks to said district, to be used by the managers of the election in said districts. When said election is over managers of election shall return said list to ordinary to be preserved by him until the election thereafter, when the same course shall be pursued. Books to be closed, when. To be filed with ordinary. Lists furnished election managers. And after election to be returned to ordinary etc. SEC. IX. Be it further enacted, That any person offering to vote at any election in said county shall be subject to challenge under the same rules and regulations as now govern, notwithstanding the provisions of this Act. Challenges.

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SEC. X. Be it further enacted, That nothing herein contained shall apply to any person or persons arriving at the age of twenty-one years after the books of registration shall have been closed and before the election at which he offers to vote; provided further , that he is otherwise qualified to vote under the laws of this State. Persons coming of age after close of registration. SEC. XI. Be it further enacted, That the compensation for the services of the registrars and ordinary shall be regulated by the first grand jurors of the county after each registration. Compensation of registrars and ordinary. SEC. XII. Be it further enacted, That in case the registrars shall fail or refuse to turn over the list of registered voters to the ordinary as provided by this Act, he shall forfeit the amount of money due him for the work, and be subject to be punished as is prescribed in section 4310 of the Code of 1882. Failure to turn over lists to ordinary. SEC. XIII. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 22, 1891. AMENDING REGISTRATION LAW FOR APPLING COUNTY. No. 346. An Act to amend an Act to authorize and require the registration of all voters in the county of Appling, in this State, approved October 7, 1885, Acts of the Legislature 1884-5, page 625, so as to devolve the duty of registering the qualified voters of said county upon the tax-receiver, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act, it shall be the duty of the tax-receiver of Appling county to register all voters of said county while making his regular rounds receiving the tax returns from the first day of April to the first day of July, after having the proper oath administered to them as is now prescribed by law. Tax-receiver to be registrar. Time for registration, etc. SEC. II. Be it further enacted, That it shall be the duty of the ordinary of said county to furnish to the tax-receiver books and blank oaths for registering said voters, and that said tax-receiver make return of said registration list or books as now prescribed by law to ordinary; that he cause to be published said voters and send out to each voting precinct in said county as now prescribed by law. Registrar to be furnished books, etc. Lists, etc, returned to ordinary, published and sent to managers. SEC. III. Be it further enacted, That the tax-receiver receive a salary of fifty ($50.00) dollars for each year he registers the voters of said county, as now prescribed by law. Salary of registrar. SEC. IV. Be it further enacted, That all laws and parts of laws in conflict with this Act are now hereby repealed. Approved August 31, 1891.

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REGISTRATION LAW FOR ECHOLS COUNTY. No. 350. An Act to authorize, require and provide for the registration of the qualified voters of Echols county, to designate the officer whose duty it shall be to register said voters, to define his duties in relation to the registration of voters and fix his compensation for said service, to prescribe the oath to be administered by him to the voters before placing their names on the list of registration as qualified voters, and provide a penalty for the violation of the provisions of this Act, and for other purposes. SECTION I. Be it enacted by the General Assembly of Georgia, That from and after the passage of this Act the tax-collector of Echols county shall be by virtue of his office registrar for said county, and shall take an oath before the ordinary of said county faithfully to discharge the duties imposed by this Act. It shall be his duty as such registrar, to register in a book to be kept for that purpose, beginning the duties as such registrar cotemporaneously with his duties as tax-collector for Echols county in the year 1891. and biennially thereafter, all persons who are legally qualified to vote in Echols county. Tax-collector to be registrar. Oath of office. Time of registrations. SEC. II. Be it further enacted, That immediately after the close of his books, the registrar provided for in the first section of this Act shall make out separate alphabetical lists of the white and colored voters of each district and turn the same, together with the book of registration over to the ordinary of said county. Lists and books to be turned over to ordinary. SEC. III. Be it further enacted, That the ordinary of said county shall cause to be printed said alphabetical lists of such voters so registered, and shall cause to be furnished to the managers of each precinct at every election copies of the lists for all the districts in the county, and the said managers shall not permit any person to vote at said election whose name does not appear on said list of qualified voters. Printed lists to be furnished election managers. No person whose name is not on list may vote. SEC. IV. Be it further enacted, That the registrar shall administer the following oath to all persons applying to register: You do solemnly swear that you are a citizen of the United States; that you have resided in the State of Georgia twelve months and Echols county six month immediately preceding this date, or will have so resided when the next election occurs; that you have attained the age of twenty-one years or will have attained that age before the next election; that you have paid all taxes which, since the adoption of the Constitution of 1877, have been required of you and which you have had an opportunity of paying, so help you God. Oath of applicants. SEC. V. Be it further enacted, That the registrar shall be paid as a compensation for the duties imposed upon him by this Act three cents for each name so registered as a voter by him, and the ordinary shall grant an order for the payment of the same, together with other necessary expenses incurred in carrying out the provisions of this Act. Compensation of registrar.

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SEC. VI. Be it further enacted, That any person voting at any election without having registered in accordance with the requirements of this Act shall be guilty of a misdemeanor and on conviction punished as prescribed in section 4310 of the Code of 1882. Penalty for voting without registration. SEC. VII. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved September 1, 1891. REGISTRATION LAW FOR CHATTOOGA COUNTY. No. 362. An Act to provide for the registration of voters in Chatooga county, 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, That from and after the passage of this Act, the justice of the peace in each Georgia Militia district of Chattooga county, State of Georgia, shall by virtue of his office be, and is, hereby constituted registrar of voters in the district in which said justice resides, whose duties shall be as hereinafter prescribed. And in case where there is no justice of the peace in a district, the duties herein prescribed shall devolve on the notary public of such district, and when there is neither justice of the peace nor notary public, the Ordinary of said county shall appoint a citizen of such district to act as registrar of voters. Justice of peace or notary public to be registrar. Where no magistrate ordinary may appoint. SEC. II. Be it further enacted by the authority of the same, That before entering on his duties, such registrar shall take and prescribe an oath to faithfully discharge the duties prescribed in this Act, which said oath shall be taken and subscribed before the Ordinary of said county and shall be filed in his office as other papers are required to be filed, and shall receive as compensation for his service two and one-half cents for each voter registered, the account for which shall be submitted to the Ordinary of said county, and on said account being sworn to the Ordinary shall draw his order on the county treasurer for such amount, and the county treasurer is hereby authorized to pay the same. Oath of office. Compensation. SEC. III. Be it further enacted, That each district registrar shall be furnished by the Ordinary with a book for registration, in which said registrar shall record the names of all persons entitled to vote in said district, and no person shall be registered who is not twenty-one years of age, and shall have lived in the State twelve months and in the county of Chattooga six months next previous to the first general or special election under this registration, and is a resident of the district where he offers to register, and shall have paid all taxes required of him by law and which he shall have had opportunity to pay. The registration book shall be opened from the first Monday in July, and shall remain open until three days previous to any general or special election in said district, during which period any

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resident of the district, who, under the laws of this State, is entitled to vote, may have his name recorded as a voter in such district: provided , that persons having registered as provided in this Act shall be eligible to vote at all general or special elections had within twelve months after closing of the books of registration. Book to be furnished registrar. Entries. Qualifications for registry. Opening and closing of books, etc. SEC. IV. Be it further enacted, That the registrar shall appoint a day at the district precinct and two other most public places in his district at least sixty days before the general election in October, 1892, having given twenty days previous notice thereof once in the official gazette of the county and also in writing at such places, when he shall register the names of all legal voters in the district applying therefor; and said registrar shall make two lists alphabetically arranged of those who have registered, one list of whites and one list of colored, and shall post the same at the polling place in his district on the day of each election, and no person shall vote at such precinct unless his name shall appear on the registration lists; and any person voting in a district of which he is not a resident shall be deemed guilty of a misdemeanor, and on conviction thereof shall be punished as prescribed in section 4310, Code of Georgia. Any registrar who shall knowingly register any person not entitled to vote, or refuse any one who is entitled to vote, shall be punished as prescribed in section 4310 of the Code; provided , the registration required in this Act shall be made biennially. Appointment of days for registration [Illegible Text] [Illegible Text] thereof. Registration lists to be posted at polling places. An no person whose name is not on list can vote. Penalty. Penalty for [Illegible Text] of registrar. SEC. V. Be it further enacted, That any person who by arrival at majority, continuance of residence or otherwise, shall be qualified to vote at the time of any election for which the registration book may be open, though not qualified at the time such book is open, shall be permitted to register at any time between the closing of the book and the opening of the polls. And any registered voter removing from the district in which registered shall, on application to the registrar, receive a certificate of registration, which certificate shall entitle the holder thereof to be registered in any district in said county to which he may remove. Persons [Illegible Text] at age, etc., after registration closes may register. Provision as to change of residence after registration. SEC. VI. Be it further enacted, That it shall not be necessary for any person to be present in person when registered; provided , the registrar shall be satisfied of the legal qualification of such as a voter under the laws of this State. Where application for registration is made not in person he shall register the same, and if not satisfied of the qualification as a voter of any person, said registrar shall, before registering his name, require of such person an oath of the facts showing such qualification, which oath he is hereby authorized to administer. Persons may be registered though not present. SEC. VII. Be it further enacted, That the fact of being registered as a voter shall be only prima facie evidence of the qualification of any person as such, and shall by no means be construed as exempting such person from challenge at the polls by the managers or others, nor from prosecution and punishment of illegal voting, if guilty of the same. Challenges. SEC. VIII. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved September 1, 1891.

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AMENDING REGISTRATION LAW FOR DOOLY COUNTY. No. 365. An Act to amend an Act, approved December 24, 1888, to require and provide for the registration of all voters in the county of Dooly, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That an Act, approved December 24, 1888, providing for the registration of voters in Dooly county, be, and the same is, hereby amended in the eleventh and twelfth lines of the first section of said Act, by striking out the words following, to-wit: and the election for which said person is registered, and also said section in the sixteenth and seventeenth lines be, and the same is, hereby amended by striking therefrom the words following, to-wit: All applications to register shall be in person, so that said section, when so amended, shall read as follows: Section 1 of Act of Dec. 24, 1888, amended. By striking certain provisions. SEC. II. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act, the tax-collector of the county of Dooly shall be, by virtue of his office, registrar of said county, and shall take an oath faithfully to discharge the duties imposed by this Act. It shall be his duty as such registrar to register all persons applying who are legally qualified to vote, in the following manner: Said registrar shall stamp or write the word registered both upon the tax receipt of the person registering and also upon the stub in their book of tax receipts, together with the date of registration and the year. Their books for registering shall be closed ten days before each election. All persons voting shall vote in the district in which they reside and for which they were registered; provided , there is a voting precinct established in said district, and if there is no such precinct, then at any precinct in the county. No person shall be registered unless he is a citizen of the United States and has resided in the State of Georgia one year, and in said county six months next preceding the coming election, and is twenty-one years of age or will become so before said election, and has paid all State and county taxes which have been due by him except for the year of the election, of which fact the registrar may require the applicant to make oath before him when he is not satisfied as to the qualifications of said voter. It shall be the duty of each of said registrars immediately on the closing of his books to make out alphabetical lists of the registered voters of each militia district in his county and turn the same over to the Board of County Commissioners of Roads and Revenues if any, and if none, to the Ordinary of said county as the case may be. Tax-collector to be registrar. Oath of office. Manner of registration. Closing of books. Vote must be in district of residence. Qualifications for registry. Lists to be turned over to county commissioners or ordinary. SEC. III. Be it further enacted by the authority aforesaid, That said Act be, and it is, hereby amended by striking out the fourth section thereof and inserting the following to be known as section 4 of said Act, to-wit: That it shall be the duty of the registrar to register

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all legally qualified voters when such persons pay their taxes whether such payment is made by the voter in person or in any other way; and such registration shall be held valid and legal in any election which may be had within twelve months from the date of the registration. Sec. 4 of Act of Dec. 24, 1888, stricken. New section. Person may be registered though not present, etc. SEC. IV. Be it further enacted, That all laws and parts of laws in conflict herewith be, and the same are, hereby repealed. Approved September 1, 1891. REGISTRATION LAW FOR LIBERTY COUNTY. No. 366. An Act to establish a registration law for the county of Liberty, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act, the Commissioners of Roads and Revenues for the county of Liberty shall, at their January meeting in the year 1892, and every two years thereafter, elect a suitable and competent person, who shall reside at or near the county site of said county, as clerk of the Board of Commissioners of Roads and Revenues of said county and ex officio registrar for said county of Liberty. Said clerk and ex officio registrar shall hold his office for the term of two years, or until his successor is elected and qualified. He shall take and subscribe an oath before said commissioners faithfully to discharge the duties imposed by this Act, and shall not be the holder of any other county office. He shall, upon such years as elections are held for members of the General Assembly of this State, register the legal voters of said county, and all such as will become legal voters at the next election for members of the General Assembly, in the following manner: The registrar shall first prepare a correct list of all tax executions filed with the county commissioners of Liberty county as unpaid executions, dating from the adoption of the Constitution of 1877 to the time of making said list. He shall certify to the correctness of said list under seal of office, which list shall thereupon become prima facie evidence of the non-payment of such taxes for which such executions were issued. No person, whose name appears upon the list of defaulters so prepared shall be allowed to register as a voter unless he produces his receipt, showing that his taxes were paid for the year he is returned as defaulter or produces satisfactory proof before the county commissioners of said county, who are hereby made judges in such cases, that said taxes were fully paid, which proof must be made before the closing of such registration. In a well-bound book, to be provided at the expense of said county, shall be registered the name, age, occupation and district of all legal voters of said county of Liberty, together with all such persons as will become legal voters of said county at the next election for members of the General Assembly.

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Separate lists shall be made of white and colored voters for each militia district in said county, and all applications to register must be in person. No person shall be registered unless he has attained the age of twenty-one years, or will be at the ensuing election, is a citizen of the United States, has resided in the State of Georgia one year and the county of Liberty six months next preceding the election for which he registers, and has paid all State and county taxes which he has had an opportunity to pay since the adoption of the Constitution of 1877, except for the year he offers to register, of which fact the registrar may require the applicant to make oath before him when he is not satisfied as to the qualification of said applicant as a legal voter of said county; and if from any circumstances the registrar believes that any applicant to register has at any time since the adoption of the Constitution of 1877 evaded the payment of his State or county taxes by failure to make his tax returns or disqualified as a voter of said county from any like cause, he shall not then register said person as a voter, but shall refer his application to the Board of Commissioners of Roads and Revenues for said county of Liberty, who shall have a sitting before the close of said registrar's books to determine such cases. It shall be the duty of said registrar, immediately after the closing of his books to make out separate alphabetical lists of white and colored voters of each militia district of said county, properly certified to, and file them with the Ordinary of said county, who shall turn over said list with the blanks for holding the next election for members of the General Assembly of this State to the Justice of the Peace in each militia district, or other persons who shall be managers of such election. The time for registering shall be from the first day of May to the thirtieth day of July, in such years as elections for members of the General Assembly are to be held, and no person shall be allowed to register after the expiration of said time. The registrar shall spread his books for the purpose of registering voters at the county site on all public days in the time allowed for regestering, and shall also visit each militia district in said county for said purpose after giving public notice of his appointments. Registrar to be elected by county commissioners, etc. Term of office. Oath. Manner of registration, etc. Qualifications for registry. Disputed right. Lists to be filed with ordinary. And furnished to election managers. Time for registration. When and where books shall be opened. SEC. II. Be it further enacted, etc., That it shall not be lawful for any person not registered, as required in the preceding section, to vote at such election for members of the General Assembly next following such registration; neither shall any person be allowed to vote out of the militia district in which he is registered and resides at the time of such registration, and any person who violates the provisions of this Act by voting illegally, or any manager of such election who allows such illegal voting shall be, upon conviction thereof, liable to all the pains and penalties now imposed by law for illegal voting. Persons not registered cannot vote. Vote must be in district of residence, etc. Penalty. SEC. III. Be it further enacted, etc., That the compensation of registrar for the county of Liberty shall be fixed by the Commissioners of Roads and Revenues for said county and paid out of the county treasury, but it shall not be a per capita compensation,

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neither shall it be less than one hundred dollars or more than two hundred dollars for each registration. Compensation of registrar. SEC. IV. Be it further enacted, etc., That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved September 1, 1891. AMENDING REGISTRATION LAW FOR LEE COUNTY. No. 469. An Act to alter and amend the registration Act for Lee county, approved December 18th, 1884, so as to provide that there shall be but one registrar and one registration every two years or oftener if necessary, in case of death or resignation of any county officer; to make the tax-receiver of said county registrar, to prescribe his oath and fix his compensation, and to change the time of opening the books of registration, and for other purposes. SECTION I. Be it further enacted by the Legislature of Georgia, That from and after the passage of this Act, the above recited Act be so amended that there need be but one registrar of said county, and but one registration every two years, unless oftener if necessary, and that the Commissioners of Roads and Revenues of said county be vested with the power and authority to decide upon the necessity of whether a registration oftener than every two years is necessary; provided , that nothing herein contained shall authorize the commissioners of said county to omit a new registration of voters preceding any election hereafter to be held in said county under any local option law now passed or hereafter to be passed by the General Assembly. But one registrar and biennial registration. Unless county commissioners decide for more frequent registrations, etc. SEC. II. Be it further enacted, That from and after the passage of this Act the tax-receiver of Lee county shall be, by virtue of his office, registrar of Lee county, and shall take an oath to faithfully discharge the duty imposed by this Act. Tax-receiver to be registrar. SEC. III. Be it further enacted, That the amount of compensation to be paid the registrar shall be $75.00 for each registration. Compensation. SEC. IV. Be it further enacted, That so much of section 2 of the original Act shall be repealed, as that it shall be the duty of the registrar to open books for registration forty days before an election, and in lieu thereof it shall be the duty of the registrar to open books for registration the same time books for receiving tax are opened, and to be kept open until ten days before an election. When books shall be opened and closed. SEC. V. Be it further enacted, That all laws and parts of laws in conflict herewith be, and the same are, hereby repealed. Approved September 17, 1891.

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REGISTRATION LAW FOR TALBOT COUNTY. No. 472. An Act to provide for the registration of the qualified voters of Talbot county, and to provide penalties for the violation of the same, and for other purposes herein contained. SECTION I. Be it enacted by the General Assembly and it is hereby enacted, That from and after the first day of April, 1892, it shall not be lawful for any person to vote in any election in the county of Talbot without having registered, as hereinafter provided. Registration required. SEC. II. Be it further enacted, That at any time after the first day of April, 1892, and before the first day of September, 1892, and between the same dates every two years thereafter, the Court of Commissioners of Roads and Revenues shall caused to be opened books of registration for the qualified voters of Talbot county and shall, by publication in the newspapers published in said county of Talbot, or by posting a printed or written notice at one or more public places in each militia district of said county, give ten days' notice of the day on which said books of registration shall be opened and also the day on which said books of registration shall be closed. When registration shall be had. Notice of opening and closing of books. SEC. III. Be it further enacted, That justices of the peace and notaries public of the militia districts of Talbot county shall be registrars of the county of Talbot, or in case there be no justices of the peace or notary public in any district of Talbot county, then the ordinary of said county shall appoint a suitable person of said district to be registrar of said district, and the registrars of the several districts shall, before entering upon their duties as such, take and subscribe the following oath before the ordinary of the county of Talbot: I do solemnly swear that I will not knowingly register, as a voter any person who is not legally qualified to voter under the provisions of the Constitution and laws of the State of Georgia, nor will I knowingly prevent the registration of a legal voter. Justices of the peace and notaries public to be registrars. Vacancies. Oath of registrars. SEC. IV. Be it further enacted, That the registrars of Talbot county shall, during the time specified in section 2 of this Act, keep a book in which they shall enter, upon the personal application of any person entitled under the Constitution and laws of Georgia to vote in any election in this State, the name and occupation of such person; provided , that all persons applying to be registered shall do so in the district in which is his bona fide residence and be registered in and for said district, and he shall be entitled to vote only in the district in which he has registered. But if the polls of his voting precinct are not opened by ten o'clock, he may vote in the town of Talbotton, where there shall be kept registry lists of all the militia districts of the county. Method of registration. Registration and vote must be in district of residence. Proviso. SEC. V. Be it further enacted, That if any registrar is in doubt as to the right of any application to register, the registrar shall administer to the applicant the following oath, which oath shall be subscribed by the party taking the same: I do solemnly swear, that I

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will be twenty-one years of age, will have resided in this State one year and the county of Talbot six months next preceding the next ensuing election, and have paid all taxes due by me since the adoption of the present Constitution of this State, except for the present year, and any such oath shall be returned by the registrar to the clerk of the Court of Commissioners of Roads and Revenues of Talbot county. Oath of applicant. SEC. VI. Be it further enacted, That the Court of Commissioners of Roads and Revenues shall furnish to said registrars a well bound book, in which the registrars shall transcribe, or said Court of Commissioners cause to be transcribed, the names, districts and occupation of all registered voters in alphabetical order, keep registry list of each year separate, also separate lists of whites and negroes, and said Court of Commissioners shall cause to be deposited said book with the ordinary of the county of Talbot at least ten days before the day of the next succeeding election, and that the ordinary shall cause said lists of registration to be printed and send at least three lists, with the election papers, to the magistrates of the respective militia districts of Talbot county, one of which lists shall be kept before the managers of the election during the time of holding the same and return one with the election returns and kept for the inspection of the next grand jury, and for contest should one occur. Books to be furnished to registrars, etc. Registry lists. Books to be deposited with ordinary. Lists to be furnished to election managers, etc. SEC. VII. Be it further enacted, That it be the duty of the Court of Commissioners of Roads and Revenues to carefully examine said books of registration, and if it should appear that any one has registered unlawfully, or should it appear from the evidence of one or more persons that any one has registered unlawfully, said court shall issue a rule against the registrar and the person alleged to be illegally registered, each to have five days' notice of the time and place of the hearing of said rule, to show cause why said name should not be stricken from the registry list, and said notice shall be served by officers designated at the time by the Court of Commissioners of Roads and Revenues, by a summons given to the parties or left at their most notorious place of residence, and further registration of voters shall not be conclusive evidence of the right of any person registered to vote, but the right of contest shall apply to all elections herein provided for. [Illegible Text] of registration books. SEC. VIII. Be it further enacted, That if any applicant is unable to register by reason of any disqualification, he shall be allowed an opportunity to made a second application, provided he does so in the time in which the registration books are open; and if he can show that the disqualification has been removed, he shall be allowed to register, and further, in years in which more than one election is held and the registry books have been closed, any person becoming a legal voter after the first election and before the next succeeding election shall be allowed to register before the ordinary and become a qualified voter at the next ensuing election. Second application for registration, etc. Persons becoming qualified after registration closes. SEC. IX. Be it further enacted, That each registrar shall return his registry book for his district, containing alphabetical lists of registered voters, separate lists of white and colored, certified to by himself as being a correct registration of the voters of his district,

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to the Court of Commissioners of Roads and Revenues within five days after the expiration of the time specified in section 2 of this Act. Registrars to return books, etc., to county commissioners. SEC. X. Be it further enacted, That the compensation of registrars shall not be more than five cents nor less than two and one-half cents per capita , and that the compensation of officers giving notice of rule shall be same as for other summons, and for transcribing according to section 6 of this Act shall be at the discretion of the Court of Commissioners of Roads and Revenues, and upon the order of said court shall be paid out of any money belonging to Talbot county not otherwise directed. Compensation of registrars, etc. SEC. XI. Be it further enacted, That any registrar failing to comply with the provisions of this Act shall be guilty of a misdemeanor, and on conviction shall be punished as prescribed in 4310 of the Code, and any person registering illegally or voting without registering shall be guilty of a misdemeanor and on conviction shall be punished as prescribed in 4310 of the Code. Penalty for failure by registrar to comply with this Act. Illegal registering or voting. SEC. XII. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved September 19, 1891. AMENDING REGISTRATION LAW FOR LAURENS COUNTY. No. 474. An Act to amend an Act approved December 20th, 1890, entitled An Act to amend an Act to provide for the registration of the legal voters of Laurens county, and for other purposes, approved October 24th, 1887. SECTION I. Be it enacted by the General Assembly of Georgia, That from and after the passage of this Act, the Act approved December 20th, 1890, entitled An Act to amend an Act approved October 24th, 1887, shall be amended as follows: The legal voters of Laurens county who have or may register in any militia district of said county, and have or may remove into another district of said county, shall register in the district to which he has so removed before the day of any election at which he proposes to vote and have his registration cancelled in the district from which he has so removed. Act of Dec. 20, 1890, amended. Removal to another district after registration. 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 September 19, 1891.

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REPEALING REGISTRATION LAW FOR WORTH COUNTY. No. 498. An Act to repeal the registration law of Worth county, Georgia, and all amendments thereto. SECTION I. Be it enacted by the General Assembly of Georgia, That from and after the passage of this Act, the Act to provide for the registration of the qualified voters of Worth county, etc., approved October 24, 1887, also the Act to amend said Act, approved December 21st, 1888, be, and the same are, hereby repealed. Acts of Oct. 24, 1887, and Dec. 21, 1888, 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 26, 1891. AMENDING REGISTRATION LAW FOR JASPER COUNTY. No. 513. An Act to amend an Act, to authorize and require a registration of all voters in the county of Jasper of this State, and provide methods of such registration, and for other purposes, approved October 29, 1889. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That the above recited Act be amended, by striking out all of the thirteenth section after the enacting clause, to-wit: That the following places shall be established as voting precincts, or polling places, and assigned to the several militia districts, as follows: Monticello to Nos. 295 and 379; Concord to No. 294; Eudora to Nos. 297 and 380; Gladesville to Nos. 373 and 364; Hillsboro to Nos. 293 and 365; Mechanicsville to Nos. 296 and 905; Shady Dale to Nos. 363 and 291, and a portion of 288 east of Murder Creek; Smithboro 289 and 262, and a portion of 288 west of Murder creek; Wyatt's to Nos. 290 and 292 and that every voter residing in the militia district as above shall vote only at the precincts designated for those districts, and inserting in lieu thereof the following: That all persons voting at elections to be held hereafter in said county shall vote in the militia district in which they reside, and for which they were registered; provided , there is a voting precinct established in said district; but if no such precinct, then at the precinct nearest his place of residence, so that the section will read as follows: Section 13. Be it further enacted, That all persons voting at elections to be held hereafter in said county shall vote in the militia district in which they reside, and for which they were registered; provided , there is a voting precinct established in said district; but if no such precinct, then at the precinct nearest his place of residence. Act of Oct. 29, 1889, amended. By striking all of section 13 after [Illegible Text] clause. And inserting provision that vote must be in district of residence, etc. 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 September 29, 1891. REPEALING REGISTRATION LAW FOR CAMPBELL COUNTY. No. 579. An Act to repeal an Act entitled An Act to provide for the registration of the qualified voters of Campbell county; to provide who shall be entitled to vote at elections hereafter to be held in said county of Campbell, by complying with the provision of this Act; and to provide penalties for the violation of the same, and for other purposes herein contained, approved October 22, 1887. SECTION I. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That an Act entitled An Act to provide for the registration of the qualified voters of Campbell county; to provide who shall be entitled to vote at elections hereafter to be held in said county of Campbell by complying with the provisions of this Act; and to provide penalties for the violation of the same and for other purposes herein contained, approved October 22, 1887, be, and the same is, hereby repealed. Act of Oct. 22, 1887, as to registration of voters, etc., 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 October 6, 1891. AMENDING REGISTRATION LAW FOR MORGAN COUNTY. No. 616. An Act to amend an Act, approved October 22, 1887, entitled an Act to require and provide for the registration of all voters in the county of Morgan, and to provide for the carrying the same into effect, and for other purposes therein named. 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 1 of the above described Act be amended by adding in the thirty-eighth line of said section the follow words, of each militia district in the county, so that the last sentence of said section, as amended, shall read as follows: It shall be the duty of said registrar immediately on the closing of the books to make out separate alphabetical lists of the voters of each militia district in said county registered for each election and turn the same over to the Board of Commissioners of Roads and Revenues of said county. To amend said section further by adding

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at the last of said section the following: It shall be the duty of the registrar to see that each registered voter's name for each militia district shall appear upon the list of the district in which said registered voter resides, and all voters shall be required to vote in the district where they reside. Any voter voting or attempting to vote in any other district than that of his residence shall be adjudged guilty of a misdemeanor and upon conviction shall be punished as prescribed in section 4310 of the Code of 1882 of Georgia; provided , that a failure to hold an election in any militia district shall not deprive any registered voter of the privilege of voting, but he may cast his vote in the district where an election may be held nearest to that of his residence; and provided further , that said failure to hold an election shall result alone from want of a sufficient number of citizens, who can qualify as election managers under laws now in force in this State. Sec. 1 of Act of Oct. 22, 1887, amended. Separate lists to be made of voters of each militia district. Names must appear on list for district of residence and vote must be cast in such district. Penalty. Provisos. 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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TITLE VI . ROADS AND BRIDGES. ACTS. Working of County Convicts on Streets of Augusta. Amending the Road Law for Dade County. Prohibiting Laying Out Roads, Streets, etc., through Cemeteries in Bibb County. WORKING OF COUNTY CONVICTS ON STREETS OF AUGUSTA. No. 157. An Act to provide for working the county convicts of Richmond county upon certain portions of certain streets or roads in the city of Augusta, 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 Commissioner of Roads and Revenues in the county of Richmond shall have the power to work the county convicts under the direction of the mayor and city council of Augusta, upon the following roads in said city, to-wit: all the county roads in the southern portion of said city as far north as Gwinnett street inclusive, and all county roads in the western portion of said city as far east as the first level of the canal and Caine's road inclusive; that said convicts shall be so worked upon said roads or streets whenever the condition of the roads and bridges of said county outside of said city will properly admit of it. Authority given to work county convicts on certain roads or streets in Augusta. Whenever condition of outside roads and bridges admit. SEC. II. Be it likewise 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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AMENDING THE ROAD LAW FOR DADE COUNTY. No. 251. An Act to amend an Act entitled An Act to alter and amend the road laws of this State so far as relates to the county of Dade: to provide for a commutation tax in lieu of road work, and to authorize the levy and collection of an ad valorem tax by the county authorities for the purpose of more efficiently working the public roads in said county. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That the first section of the above recited Act be amended by striking the words seventy-five cents, and inserting in lieu thereof the words one dollar, so that said section, when amended, will read: That from and after the passage of this Act it shall be the duty of the Ordinary or Commissioners of Roads and Revenues to provide for the working of all the public roads in said county hereinafter specified. The same persons who are subject to road duty under the laws as they now exist shall be, and are, hereby declared to be subject to road duty under this Act, and each and every person shall be subject to work on the public roads in the district in which he resides, not more than five days in each year, but any person subject to road duty may relieve himself from said duty by paying to the person authorized to receive the same the sum of one dollar for each day he may be required to work, and a receipt from said party in any district shall be good and sufficient to relieve him from road duty for that year in any other district in said county; provided , said receipt shall be for so many dollars as he is summoned days to work. Amount of commutation tax increased. Section as amended. SEC. II. Be it further enacted by the authority aforesaid, That the third section of said recited Act be amended by striking the words the year from the fourteenth line of said section, and inserting in lieu thereof, the number of days for which they have been summoned to work, so that said section, when amended, will read: That the road overseers, when appointed as hereinbefore provided, shall be paid the sum of not exceeding one and one-half dollars per day for each day that he actually works the roads, including the time required to summons the hands, as hereinafter provided for, said time to be judged of by the commissioners; that they shall have charge of all the roads and report the condition of the same to the road commissioners of the district, who shall then direct them when and where to begin work. They shall then summons under the direction of the road commissioners such a number of hands as can be worked to the best advantage at one time and proceed to work them on the roads. If the hands so summoned prefer to pay and do pay a commutation tax in lieu of work, they shall pay the entire amount of the commutation tax required of them for the number of days for which they have been summoned to work, and the overseers are authorized and required to receive and receipt

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therefor, and shall proceed to summons other road hands necessary to fill up the number required. They shall continue to summons hands as those first summoned work out their time or pay the commutation tax, and shall continue to work on the roads from time to time as directed by the commissioners, until all the roads in the district are put in good order or until all the hands have been exhausted. They shall then continue to work the roads with such other hands as the road commissioners may authorize them to employ. They shall take charge and care for all tools, implements, teams and supplies furnished them by the district commissioners. In summoning hands regard shall be had, as far as practicable, to the roads nearest to the place where the hands summoned live in the same district. Commutation tax to be paid for number of days for which the person has been summoned to work. Section as amended. SEC. III. Be it further enacted by the authority aforesaid, That section 5 of the above [Illegible Text] Act be stricken, and the following be inserted in [Illegible Text] thereof: That whenever the road commissioners of each district have assessed the number of days each road hand in their respective districts shall be required to work, not to exceed five days in each year, and have furnished the Ordinary of said county with a list of road hands and the number of miles of public roads in their respective districts, the Ordinary at the time when he assesses the taxes for other county purposes shall also assess an ad [Illegible Text] tax on all property in said county, not less than ten cents nor more than twenty cents on each one hundred dollars worth of property, to be collected as other county taxes are collected and paid over by the tax-collector to the county treasurer as a public road fund and be paid out for road purposes upon the order of the Ordinary, who shall be by virtue of his office chairman of a Board of Roads and Revenues, to be composed of the Ordinary and one Road Commissioner from each district, who shall be elected by the Road Commissioners of each district from their number on the first Monday in January, 1891, and every two years thereafter; [Illegible Text] , that they may elect on the first Monday in any month to fill vacancies. It shall be the duty of said board to prorate the road tax to the several districts according to the number of miles and character of roads in each district. Said board shall receive the same compensation [Illegible Text] [Illegible Text] as is allowed grand jurors in said county. The cost of all tools and implements purchased by the commissioners of any district for working the public roads shall be deducted from the amount prorated or apportioned to such district or districts. Ad [Illegible Text] tax for road purposes. Amount. Collection, etc. Use of. Board of Roads and Revenues. Election. Duty of board as to road tax. Compensation. Cost of tools, etc. SEC. IV. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 29, 1890.

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PROHIBITING LAYING OUT OF ROADS, STREETS, ETC., THROUGH CEMETERIES IN BIBB COUNTY. No. 555. An Act to prohibit making or laying out of roads, streets or alleys or other passways through any of the cemeteries within the limits of Bibb county, without first obtaining the consent of the proper authorities in charge of such cemetery, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act, it shall not be lawful to make or lay out public roads, streets or alleys or other passways through any of the cemeteries within the limits of Bibb county without first obtaining the consent of the proper authorities in charge of such cemetery. Laying out of roads, etc through cemeteries forbidden. Unless with consent of proper 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 October 6, 1891.

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TITLE VII . EDUCATION. ACTS. Public Schools for [Illegible Text]. Amending Act as to Public Schools for Sparta. Public Schools for [Illegible Text]. Public Schools for Upson County. Authorizing Issue of Bonds for Erecting, etc., School Buildings in Elberton. Amending Charter of Emory College. Public Schools for Oglethorpe. Public Schools for Marietta. Public Schools for Marshallville. Public Schools for Hawkinsville. Public Schools for Boston. Authorizing [Illegible Text] Building, etc., in Washington to be [Illegible Text] over to the Board of Education for Public School Purposes. Authorizing [Illegible Text] Building, etc., in Washington to be Turned over to Board of Education for Public School Purposes. Public Schools for Washington. Public Schools for [Illegible Text]. Authorizing Sale of Public School Lot in Perry, etc. Public Schools for Toccoa City. Public Schools for Jonesboro. [Illegible Text] Act as to Public Schools for Marietta. Public Schools for Buena Vista. Amending Act as to Public Schools for Covington. Bonds for School Building in Lithonia. Public Schools for [Illegible Text]. [Illegible Text] Act as to Public Schools for Fort Valley. Public Schools for Houston County. PUBLIC SCHOOLS FOR ALBANY. No. 32. An Act to authorize the establishment of a system of public schools in the city of Albany, Ga., to provide for acquiring property and buildings and raising means to maintain said schools, and for other purposes. SECTION I. The General Assembly of Georgia do enact, That within ten days after this Act shall be ratified by the voters of the

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city of Albany as hereinafter provided, the mayor and council of the city of Albany shall [Illegible Text], by ballot, from the citizens of said city, who shall be freeholders [Illegible Text], six persons, who shall constitute the Board of Education for said city. At said election two of said persons shall be elected for a term of two years, two for four years, and two for six years, and thereafter their successors shall be elected for terms of six years. All vacancies in said board from death, resignation, removals from said city or otherwise shall be filled by said mayor and council at the first regular meeting thereafter. Election of Board of Education. Terms of office. Vacancies. SEC. II. That said Board of Education shall have authority to devise, design and adopt a system of public schools in said city; to modify the same from time to time; to establish such schools as they may see proper; to prescribe the curriculum, appoint and employ teachers for said schools and a superintendent for the same; to suspend or remove such teachers and superintendent, to fix their compensation, to provide school houses by rent, building, purchase or otherwise, in the [Illegible Text] of said board; to make and hold titles to any such property, and to make such by-laws, rules and regulations for their own government and that of the superintendent, teachers and pupils of said schools as they may deem proper, and not in conflict with the laws of this State; and do any and all acts promotive of the best educational interests of said city, not in conflict with the provisions of this Act or the laws of this State. Authority of board. SEC. III. That the officers of said board shall be a president, vice-president and a treasurer, who shall also be secretary of said board, and such other officers as the board may deem advisable, all of whom shall be elected by said board from their own body, except the treasurer and secretary, who shall give bond with good security in such sum as the board may fix, not to be of less amount than the estimated amount of funds to be handled by him during each year. His compensation shall be fixed by the board previous to his election. All the officers of said board shall hold their office at the pleasure of said board. No member of the Board of Education shall be eligible to the office of superintendent of schools, or to the position of teacher therein, nor to the office of mayor or councilman, or police commissioner of said city. Said board shall serve without compensation. Officers of board. Bond of treasurer and secretary. His compensation. Terms, etc. Members of board disqualified, etc. And to serve without compensation. SEC. IV. That said Board of Education shall keep regular minutes of its proceedings, and shall furnish, from time to time, to the mayor and council an estimate of the funds required for the maintenance of said schools, and shall make a report annually on the first Monday in July to said mayor and council of the condition of the public schools, the attendance thereon, the receipts and expenditures for the school year, with such other information and recommendations as they may deem proper, which report shall be published in the newspaper published in said city. Minutes. [Illegible Text] of funds required. Reports. Reports to be published. SEC. V. The mayor and counsel of said city shall each year levy such tax upon all of the property in said city subject to taxation as will be sufficient, when added to the city's pro rata part of the State

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school fund, to support and maintain said schools for at least nine scholastic months in each year, and shall collect the same and pay it to said Board of Education by the first day of March each year; provided , that said tax shall not exceed three-tenths of one per cent. per annum upon said taxable property. No part of said school tax shall be used for any other purposes than in the support and maintenance of public schools or in providing furniture or buildings therefor. Tax for support of schools. Not to exceed three-tenths of one per cent. Use of funds. SEC. VI. That said board shall be entitled to receive, and it shall be the duty of the county school commissioner of Dougherty county to pay over to said board for the support of said schools, such pro rata sum of the State school fund for Dougherty county as would be just and proper. Board to receive pro rata of State school fund. SEC. VII. That authority is hereby granted to the trustees of the Albany Academy to convey to said Board of Education the property, furniture and buildings now held by them. Said property, when so conveyed, to be used by said board for school purposes exclusively for white children of said city; and that authority is also granted to the trustees of any present or future colored school in said city to convey to said board property, buildings or furniture for like use of colored children of said city. Conveyance of property, etc., of Albany academy. Use of same. Conveying property of colored schools. SEC. VIII. That said Board of Education shall provide separate schools for white and colored children, which said schools shall be kept open and free during not less than nine scholastic months in each year. All children in said city, between the ages of six and eighteen years, whose parents or guardians are bona fide residents of said city, shall be entitled to the benefits of said schools under such regulations as the board may provide. Said board may also provide for the admission of children whose parents or guardians are not residents of said city, and such as may desire to attend said schools over the age of eighteen years upon the payment of such rates of tuition as said board may prescribe. Said board shall also require the payment, in advance, by all pupils, of an incidental fee upon a graduated basis of not exceeding ten ($10) dollars per year for the most advanced scholar. Separate schools for each race. Free nine months. Pupils. Admission of non-residents, etc. Incidental fee. SEC. IX. That the mayor and council of the city of Albany shall, within sixty days after the approval of this Act, order an election, of which notice shall be given in a newspaper published in said city for thirty days prior to said election, which said election shall be conducted as are elections for mayor and council of said city, and the return thereof made to the said mayor and council who shall declare the results thereof. All qualified voters, resident in said city, shall be qualified to vote at said election. At said election said voters shall have written or printed on their ballots for public schools or against public schools, and this Act shall not become operative unless two-thirds of the vote [Illegible Text] by qualified voters at said election shall be for public schools. The mayor and council may order other elections on the same question, from time to time; provided , that said elections shall not be held oftener than once every six months. Election as to adoption of this Act. Other elections.

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SEC. X. That all laws and parts of laws in conflict herewith be, and the same are, hereby repealed. Approved December 9, 1890. AMENDING ACT AS TO PUBLIC SCHOOLS FOR SPARTA. No. 33. An Act to amend an Act entitled an Act to establish a system of public schools for the town of Sparta in this State, and to provide for the maintenance of the same, and for other purposes, approved November 13, 1889, which Act prescribes the conditions, mode and manner by which the mayor and aldermen of said town by ordinance may establish a system of public schools therein. SECTION I. Be it enacted, That from and after the passage of this Act, said Act be amended by striking from the first section of said Act the word provided in the seventh line from the bottom of said section, and all the words in said section following the word provided, so that the section, when amended, shall read as follows: That whenever a resolution shall be passed by the mayor and aldermen therefor, a system of public schools may be established in said town in the following manner, to-wit: On petition of one-half of the freeholders of said town, the mayor and aldermen thereof shall order an election to be held in thirty days thereafter, to determine the question of schools or no schools for said town. All voters favoring the establishment of a system of public schools in said town shall have printed or written on their ballots the words for schools, and all voters opposing such establishment shall have printed or written on their ballots against schools. and if two-thirds of the legal voters of said town shall vote for schools, then such mayor and aldermen shall provide by ordinance for the establishment of a system of schools for said town, for the schooling of all the white and colored children therein (said white and colored children being schooled in separate schools), and may levy a tax on all the taxable property in said town in their discretion; to provide funds for the conduct of such schools, and for the payment of teachers therein, and may appropriate from year to year said taxes so raised, or any part thereof, or any other funds of said town to the maintenance of said schools in their discretion. First section of Act of Nov. 13, 1889, amended. Election as to establishing system of public schools. SEC. II. Be it further enacted, That section 2 of said Act which prescribes that the mayor and aldermen of said town shall have full authority to regulate by ordinance the terms upon which any citizen of said town, or without said town, may be admitted to said schools and for the general government thereof, in their discretion, be, and the same is, hereby repealed, and the following words inserted in lieu thereof, so that said section shall read as follows: That Frank L. Little, LaFayette Powell, John T. Jordan, Lindsey Baker, George S. Vardeman, Robert H. Lewis, Seaborn Reese, William F. Little,

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Gordon McComb and Frank H. Thomas be, and they are, hereby created a Board of Education for the town of Sparta with perpetual succession. They and their successors in office shall have power to take and hold property, real and personal, that may be acquired by purchase, donation, or otherwise, in trust for said schools, with the right to sue and be sued. They shall have power and authority to fill all vacancies which may occur in said board from death, resignation, removal or otherwise. Section 2 repealed. New section. Board of education. Power to take and hold property, sue and be sued and to fill vacancies. SEC. III. Be it further enacted, That said Board of Education shall be authorized to devise, design and adopt a plan of public instruction in said town, and modify the same from time to time; establish schools as they may deem proper, not exceeding one for the white race and one for the colored race, but no white child shall be taught in the colored school, and no colored child in the white school; to appoint teachers for said schools; to suspend or remove teachers in their discretion; fix compensation of teachers; provide school buildings by purchase, rent, lease, erection or otherwise, and make such by-laws, rules and regulations as may be necessary for the government of said Board of Education, teachers and pupils, including the selection of text-books to be used in said schools. General powers of board in management of schools. SEC. IV. Be it further enacted, That said Board of Education shall organize by electing from their number a president, vice-president, secretary and treasurer; that secretary and treasurer shall keep a record of all the acts of said board; that said record shall be open to the inspection of the citizens of said town. He shall give bond for the safe keeping and proper disbursement of the funds placed in his charge; the amount and sufficiency of said bond and security to be determined by said Board of Education; said bond shall be made payable to said board, who is authorized to sue and recover for any breach thereof. It shall not be lawful for said treasurer to pay out any funds except by the order of said board. A majority of said board shall constitute a quorum for the transaction of business. Officers of board. Minutes. Bond of secretary and treasurer. Funds to be paid out only by order of board. Quorum. SEC. V. Be it further enacted, That said Board of Education, shall have power to fix such tuition or matriculation fees as may be deemed necessary, and shall determine as early as practicable after the passage of this Act, and by the 10th of January of each succeeding year, what amount of money it shall be necessary to raise by taxation to defray the expenses of running said public schools for the ensuing year, and shall lay the same before the mayor and aldermen of said town; and it shall be the duty of said mayor and aldermen to levy and collect the same; provided , the rate of taxation under this Act shall not exceed one-half of one per cent. per annum, and when collected the collecting officer of said mayor and aldermen shall pay the same over to the treasurer of said Board of Education which, together with such other funds as may come into his hands for that purpose, shall be expended by said board in payment of teachers, building and repairing, leasing, purchasing or renting school houses or other property, and all other necessary expenses of said schools. Tuition or matriculation fees. Tax to support schools. Not to exceed one-half of one per cent. How proceeds must be expended.

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SEC. VI. Be it further enacted, That the county school commissioner of the county of Hancock shall pay over to the treasurer of said board the pro rata share of the State and county public school funds coming to said school, when the same is in his hands for distribution. And it shall not be lawful for the County Board of Education of Hancock county to establish any public school or schools within three miles of the corporate limits of the town of Sparta, unless by the written consent of the Board of Education of said town. Board to receive pro rata of State and county school funds. No school to be established by county board with in three miles, etc. 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 9, 1890. PUBLIC SCHOOLS FOR CALHOUN. No. 37. An Act to authorize the town of Calhoun, in Gordon county, Georgia, to establish and maintain a system of public schools for said town, and for other purposes. SECTION I. Be it enacted by the General Assembly of Georgia (the corporate authorities of said town having so recommended), That the mayor and council of the town of Calhoun, Georgia, are hereby authorized to levy and collect a tax annually, in addition to that now allowed by law, not to exceed one-half of one per cent. on the taxable property of said town, as shown by the regular digest of property prepared for purposes of town taxation, for the purpose of establishing and maintaining a system of public schools for said town for a term of ten months in each year; said fund not to be used for any other purpose. Tax to establish and maintain public schools. SEC. II. Be it enacted by the authority aforesaid, That an election shall be held by the legal voters of said town, after giving ten days' notice, for nine school commissioners, which election may take place on the same day that this public school system is submitted. The nine receiving the highest vote shall be, and are, hereby constituted a Board of School Commissioners for said town, the term of the first three named commissioners to expire the first day of February, 1892, the term of the second three to expire first day of February, 1893, of the third three first February, 1894, and that their successors shall be elected by the legal voters of said town at the election for mayor and council next preceding the expiration of their several terms, to hold for a term of three years from the first day of February after their said election, and on failure to elect until their successors are elected and qualified; and said board shall have power to fill vacancies in their body occasioned by death, resignation or otherwise, but no one shall be eligible to the office of school commissioner of said town who is not twenty-one years of age and has not been a bona fide citizen of said town for twelve months next preceding his election. Election of Board of School Commissioners. Terms of office. Subsequent elections. Vacancies. Qualifications for office.

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SEC. III. Be it further enacted by the authority aforesaid, That said board shall supervise, regulate and make efficient said school system; shall have power to make rules for the government of themselves and the teachers and pupils of said school; to elect, employ, fix the salaries and pay the teachers, and to provide for the necessary conveniences and appliances of said school, and are authorized to hold and apply any grants or donations of money or property made by any person or corporation for the benefit of said schools. General powers of board. SEC. IV. Be it further enacted by the authority aforesaid, That said board shall keep a record of all their proceedings; shall elect of their body a president, secretary and treasurer, the salary of the secretary not to exceed $25.00, and that of the treasurer not to exceed $25.00 per annum, and the president to receive no salary. Said treasurer will give bond in sufficient amount, with good and sufficient security, to be judged by said board and payable to said board, for the faithful discharge of his duties and the safe keeping and disbursement of all money, bonds and matters entrusted to his care. Minutes. Officers and their compensation. Bond of treasurer. SEC. V. Be it further enacted by the authority aforesaid, That it shall be the duty of the secretary of said board to prepare annually a list of pupils entitled to the State school fund in attendance upon said schools who reside in Gordon county, and furnish it to the treasurer of said board, who shall present the same to the school commissioner of said county and receive from him such portion of the educational fund of Gordon county as said pupils are entitled to, to be determined by the number of said pupils, which said sum it shall be the duty of the said school commissioners to pay over to said treasurer, to be applied by said board to the maintenance of said schools according to law, and it shall further be the duty of said treasurer to receive from the mayor and council of said town all the money raised by them, by taxation, under this bill to be applied and appropriated under the direction of said board according to the provisions of this bill; and it shall be the duty of said mayor and council to turn over to said treasurer said funds on order of said board, and said treasurer of said board shall also receive the incidental fees and other proceeds of said schools, and report the same to the board at each meeting. Method of obtaining pro rata of educational fund for county. Use of same. Treasurer to receive money raised by municipal taxation, etc. Also incidental fees, etc. Reports of treasurer. SEC. VI. Be it further enacted by the authority aforesaid, That said board may prescribe an incidental fee, not to exceed fifty cents for scholastic month, to be paid monthly in advance by each pupil entering or attending said schools, and no pupil shall be entitled to the benefit of this Act, nor enter, nor continue in said schools without first complying with this provision; provided, however , that said Board of School Commissioners shall have power, and it shall be their duty, to remit the payment of said incidental fees in the case of any children who may not be able, and whose parents or guardians may not be able, in the judgment of the board, to pay the same. Incidental fee. SEC. VII. Be it further enacted by the authority aforesaid, That all children between the ages of six and eighteen years of age, whose parents, guardians or natural protectors reside in the incorporate

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limits of said town, shall be entitled to the benefits of this Act while attending said schools, and said board may provide for the admission into said schools of any within said limits over eighteen years of age, and of any residing out of said limits upon such rates of tuition as may to said board seem reasonable and just. Pupils. Admission of non-residents, etc. SEC. VIII. Be it further enacted by the authority aforesaid, That before this Act shall become operative, its adoption shall be submitted to the qualified voters of said town, for which purpose the mayor and council of said town shall order an election, of which ten days' notice shall be given in the Calhoun Times by publication, which election shall be held under the same rules and regulations as elections for mayor and council of said town, and the qualification of voters shall be the same. Those in favor of public schools shall have printed or written on their tickets for public schools, and those against public schools shall have printed or written on their tickets against public schools. The managers of said election shall make returns to the mayor and council of said town, whose duty it shall be at their first regular meeting thereafter to open the same, declare the result and record the same in the book of their proceedings, and if two-thirds of the qualified voters of said town, qualified to vote at said election, shall be for public schools, this bill shall become operative, and said mayor and council and said school commissioners shall proceed to carry out their respective duties under the same. Should this bill fail of adoption, said mayor and council may submit the same to another election after a lapse of twelve months from first election. Election as to adoption of this Act. Subsequent elections. SEC. IX. Be it further enacted by the authority aforesaid, That all laws and parts of laws militating against this Act be, and the same are, hereby repealed. Approved December 11, 1890. PUBLIC SCHOOLS FOR UPSON COUNTY. No. 100. An Act to establish a system of public schools for the county of Upson, to provide for the maintenance and government of the same, to require the State School Commissioner to pay over to the Upson county school superintendent said county's pro rata share of the State school funds, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That after the passage of this Act there shall be upon the recommendation of two successive grand juries and approved by a two-third vote of persons qualified to vote for members of the General Assembly, voting in an election held for the purpose under this Act, established, conducted, maintained, supported and provided for a system of public schools for Upson county in the manner hereinafter set forth. Upon recommendation of grand juries and approval of people school system to be established etc. SEC. II. Be it enacted by the authority aforesaid, That the second grand jury making such recommendation shall elect six intelligent

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and upright citizens of Upson county as members of the Board of Education, one of the same to serve until the next spring term of the Upson Superior Court, one to serve for one year, one for two years, one for three years, one for four years, and one for five years from the said next spring term, and the grand jury at the said next spring term and at each spring term thereafter shall elect one member of said board to fill the vacancy occurring, and said members so elected shall be commissioned by the Governor to serve for six years or until their successors are elected and commissioned. Also the second grand jury making such recommendation shall set a day within forty days, on which the election under this Act shall be held, and the same shall be advertised for thirty days in a public gazette published in said county or in the newspaper in which the county advertisements are published. The said election shall be held in the same way as for members of the General Assembly, except there may be only two lists of voters kept and two talley sheets made out; one to be turned over to the Ordinary who shall count and declare the result and the other filed in the office of clerk of the Superior Court. The persons voting under this Act who are opposed to public schools shall have written or printed on their ballots the words, against public schools, and those favoring public schools shall have written or printed on their ballots the words for public schools. Election of Board of Education, terms of office, etc. Time of holding election as to schools, notice thereof, etc. Regulations as to the election. SEC. III. Be it further enacted by the authority aforesaid, That if two-thirds of the ballots cast in said election are for public schools, then, within ten days after the result is so declared, the members elected to serve on the Board of Education shall meet at the court-house in Thomaston, and after subscribing to oath to faithfully perform the duties of the office, proceed to organize by electing one of their number president, and elect a secretary who shall not be a member of said board and shall hold his office at the will of the board; provided that the board may elect of their number an assistant secretary to assist the secretary in his clerical work. First meeting of board. Oath of office. Organization. SEC. IV. Be it further enacted by the authority aforesaid, That said Board of Education shall elect teachers for the public schools of Upson county and prescribe their salaries, shall select their books, prescribe the course of study, determine the length of the scholastic terms and the time of beginning and ending of said schools; provided , that if the trustees of R. E. Lee Institute in the town of Thomaston may exercise the functions of their office as provided for in the charter of said institute and in the amendments thereto, and should they elect to do so, then the superintendent of Upson county's public schools shall pay over regularly to the said trustees the said institute's pro rata share of the school funds coming into his hands. It shall be the duty of said Board of Education to hold in trust for the county, for school purposes, all property they may come in possession of by gift or otherwise; and they are hereby incorporated and made a body politic to sue and be sued, and invested with all usual rights and liabilities common to such corporate bodies. The said board shall provide school facilities for both white and colored, but the children of the two races shall be taught in separate schools;

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and they shall have no power to charge tuition to children who are, under the common school law of this State beneficiaries of the common school funds; but may require of all children before entering school or at any time they may see proper the payment of any incidental or entrance fee, or both, not to amount to more than five dollars per annum; and they may cause to be admitted as pupils in said schools students not entitled to share of the common school funds, and may prescribe and have taught a course of study embracing the higher branches of education and may make such tuition charges therefor as to them may seem just and right. The said Board of Education shall early in each year determine the amount of money necessary to be raised by county taxation to sustain the schools for the length of time they propose to have them taught the current year and report the same to the authority empowered to levy taxes for county purposes, which authority shall proceed to levy upon the taxable property of Upson county and have collected as other county taxes are collected the said amount of money and the same shall be paid over to the county school superintendent on account of the county school funds; provided , that the amount levied for county school purposes shall not be more than four-tenths of one per centum . The said Board of Education shall adopt such by-laws, rules and regulations as may be necessary for their own government and for the government of the superintendent, teachers and pupils. A majority of the board shall constitute a quorum for the transaction of business. The members of said board shall each for their services receive a salary of twenty-five dollars per annum to be paid out of the school funds. In case of death, resignation or otherwise a vacancy occurs in said board, the grand jury at the present or next term of the court shall elect a member to fill the unexpired term. General powers of board. As to R. E. Lee institute. How board shall hold property. Corporate powers of board. Separate schools for white and colored pupils. Tuition. Incidental fee. Admission of pupils. Course of study, etc. Estimate as to amount to be raised by taxation. Report of same. Levy and collection of tax, etc. By-laws, rules, etc. Quorum of board. Salary. Vacancies. SEC. V. Be it further enacted by the authority aforesaid, That the secretary of the board shall, by virtue of his office, be county school superintendent and shall receive and pay out all moneys, but shall pay out no money except upon order of the board. He shall give such bond with good security in an amount to be determined by the board conditioned for the faithful performance of his duties and for the safe keeping and proper disbursement of the funds. It shall be his duty to attend the meetings of the board, keep a record of all proceedings, take charge of and safely keep all papers and books, and look after the school property, examine and license teachers, and under the direction of the board, contract with teachers, exercise oversight of the schools and see that all the requirements of the board are carried out. He shall at every spring term of the Upson Superior Court make a report to the grand jury embracing all the receipts and disbursements for the last year, the acts and doings of the board and himself, the condition of the school interest of the county, and all matters appertaining to the educational interest proper, to be embodied in such report, and shall make ad interim reports as may be required by the board or grand jury. He shall receive for his services the amount of compensation to be paid out of the school funds as may be agreed upon between himself and the board. Secretary ex officio county school superintendent. His duties and bond. Report to grand jury and other reports. Compensation.

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SEC. VI. Be it further enacted by the authority aforesaid, That the State School Commissioner is hereby authorized and required to pay over to the superintendent under this Act Upson county's pro rata shares of the State school funds, and he shall recognize the said superintendent as standing in lieu of county school commissioner; provided , such recognition shall not have the effect to make imperative any of the provisions of this Act. Pro rata of State school fund, etc. SEC. VII. Be it further enacted, That the municipal authorities and citizens of the city of Thomaston in said county of Upson, and the trustees both of the R. E. Lee Institute, and the [Illegible Text] school of Thomaston are exempted from the provisions of this Act, both as to the control of these two said schools in Thomaston and as to the levy and collection of the tax provided in this Act; provided , that the County Board of Education of Upson county shall employ the teachers of the [Illegible Text] school, and the pupils of said [Illegible Text] school shall receive their pro rata share of the public school funds; [Illegible Text] [Illegible Text] , that the citizens of said town of Thomaston shall not participate in any election held under this Act. Exemptions from provisions of this Act. Provisos. SEC. VIII. 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 24, 1890. AUTHORIZING ISSUE OF BONDS FOR ERECTING, ETC., SCHOOL BUILDINGS IN ELBERTON. No. 130. An Act to authorize the town council of Elberton to issue bonds for the purpose of [Illegible Text] additions to and equipments for the Public school buildings in said town, and to authorize said town council to provide for the payment of said bonds by levying a tax therefor, and to provide for an election to ratify the provisions of this Bill, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That the town council of Elberton, in said State, be, and said town council is, hereby authorized and empowered to issue bonds of said town not to exceed in the aggregate ($3,000) three thousand dollars, of the denomination of ($100) one hundred dollars each, to become due and payable at such time or times within twenty years after the issue thereof, as said town council shall determine, and to bear such interest, not exceeding seven per cent. per annum as said town council shall determine. Authority to issue bonds. Amount, denomination, etc., of bonds. SEC. II. Be it further enacted, That the said town council shall assess, levy and collect annually a sufficient tax upon the taxable property of said town to pay the interest on said bonds as the same shall become due, and also to provide a sinking-fund for the redemption of said bonds as the principal of said bonds shall become due. Tax to pay bonds.

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SEC. III. Be it further enacted, That said bonds shall be executed in such manner as the said town council shall determine; shall be signed by the president of the town council of said town and countersigned by the clerk of council under the corporate seal of said town, and negotiated in such manner as the town council of said town shall determine to be for the best interest of said town of Elberton. Execution and negotiation of bonds. SEC. IV. Be it further enacted, That when said bonds shall have been issued and sold, the town council of Elberton shall prorate or divide the proceeds of the sale thereof between the trustees of the Elberton Institute and the trustees of the colored school of said town of Elberton in such a manner and in such sums as may be [Illegible Text] to the best interest of said town and of said schools; and said fund arising from the sale of said bonds shall be paid over as above prescribed and shall not be lessened by a charge of any commission by said town or officers thereof. That said funds shall be used by the trustees of said two schools for erecting additions to the school buildings of which they have charge, or for improving the same, or for providing equipments, furniture and educational appliances therefor, or in other manner which they shall deem best for the benefit of their respective schools. Use of proceeds, etc. SEC. V. Be it further enacted, That the provisions of this Act shall not take effect until the same shall have been submitted to a vote of the qualified voters of the town of Elberton and approved by a two-thirds vote of said qualified voters of said town. This Act not to take effect until approved by popular vote. SEC. VI. Be it further enacted, That the town council of said town shall immediately after the passage of this Act order said election to be held in said town, giving thirty days' notice thereof in the newspapers published in said town; that said election shall be held by a justice of the peace and two freeholders or three freeholders of said town, and shall be conducted in the same manner as elections for members of the General Assembly are conducted, except that the returns thereof shall be made to the town council of Elberton within three days from the holding of said election, which town council shall declare the result of said election within ten days from the time the same is held; provided , that the ballots [Illegible Text] at said election shall contain the words for bonds or the words against bonds, and unless for bonds shall receive a two-thirds majority of all the voters of said town qualified to vote at said election, then this Act shall not become a law. Regulations as to elections etc. 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 26, 1890.

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AMENDING CHARTER OF EMORY COLLEGE. No. 141. An Act to amend an Act to incorporate Emory College, in the county of Newton, approved December 10, 1836, and the various Acts amendatory thereof, so as to increase the number of trustees of said college, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act, the above named Act incorporating Emory College, in the county of Newton, and the various Acts amendatory thereof be, and are, hereby amended by adding eight additional trustees to the present number of trustees of said college, to-wit: W. P. Pattillo, Walter B. Hill, E. P. Chamberlin, A. O. McDonell, Charles G. Goodrich, J. P. Williams, Robert Battey and Lemuel Johnson. Eight additional trustees. SEC. II. Be it further enacted by the same authority, That all vacancies which may happen by the death, resignation or removal of said eight above named trustees shall be filled by the Board of Trustees of said college, if by said board it be deemed advisable to fill such vacancies. Vacancies. SEC. III. Be it further enacted by the same authority, That all laws and parts of laws in conflict with this Act are hereby repealed. Approved December 26, 1890. PUBLIC SCHOOLS FOR OGLETHORPE. No. 155. An Act to establish a system of public schools in the town of Oglethorpe, Macon county, and to provide for the maintenance and support of the same, and for other purposes. SECTION I. The General Assembly of Georgia do enact, the corporate authorities of the town of Oglethorpe having so recommended, That within such time as may be fixed by the mayor and council of the town of Oglethorpe, Macon county, Georgia, after this Act shall be ratified by the voters of said town, as hereinafter provided, the mayor and council of Oglethorpe shall elect, by ballot, from the citizen of said town, who shall be freeholders therein, five persons, who shall constitute the Board of Education therein. At said election one of said persons shall be elected for a term of two years, two for four years and two for six years, and thereafter their successors shall be elected for a term of six years. All vacancies in the board shall be filled by the mayor and council immediately after such vacancy occurs. Election of Board of Education. Terms of office. Vacancies. SEC. II. That said Board of Education shall have authority to devise, design and adopt a system of public schools in said town; to modify the same from time to time, and to establish such schools

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as they may see proper; to prescribe the curriculum; employ and discharge teachers for said schools; to fix their compensation, and to make such by-laws, rules and regulations for their own government and that of the teachers and pupils of said schools as they may deem proper and promotive of the best educational interest of said town, and not in conflict with the laws of this State. Said Board of Education shall elect from their own number a president, vice-president and a secretary and treasurer. Said board, except the secretary and treasurer, shall serve without pay. No member of the Board of Education shall be eligible to the position of teacher in said schools. Powers of board. Officers. Members of board may not be teachers. SEC. III. The secretary and treasurer shall keep a record of all the acts of the board, and keep the record thereof open to the inspection of all the citizens of said town. He shall give bond for the safe keeping and proper disbursement of the funds placed in his charge and the faithful discharge of the duties of his office; the amount of the bond and the sufficiency of the security to be judged of by said Board of Education. Said bond shall be made payable to the town of Oglethorpe, and said town is authorized to sue thereon and recover for any breach thereof. It shall not be lawful for said secretary and treasurer to pay out any funds except by the order of the board. A majority of said board shall constitute a quorum for the transaction of business. Minutes. Bond of secretary and treasurer. Funds to be paid out only on order of board. Quorum of board. SEC. IV. That the Board of Education shall provide separate schools for the white children and the colored children who shall be admitted to said schools. Separate schools for white and colored. SEC. V. That the funds necessary for the support of the system of schools herein provided for shall be raised as follows: By special tax, tuition fees and the receipt of whatever may be due for teaching said schools from the State school fund as hereinafter provided for. The Board of Education herein provided for shall, in the early part of each year, make an estimate of the amount necessary to be raised by taxation that year for the support and maintenance of the public schools, and place this estimate before the mayor and council of the town of Oglethorpe. It shall be the duty of the mayor and council of the town of Oglethorpe, and they are hereby authorized to levy a tax annually, in addition to any tax now authorized by law, sufficient to establish and maintain the system of public schools authorized by this Act; provided , such tax shall be levied and collected in accordance with the Constitution and laws of this State. The net sum realized by this provision shall be turned over to the secretary and treasurer of said Board of Education for the support of the schools. How schools shall be supported. Estimate as to amount to be raised by tax. [Illegible Text] and collection of tax, etc. SEC. VI. That the school commissioner of the county of Macon is hereby authorized and required to pay over to the secretary and treasurer of said Board of Education for the use of public schools, under such rules and regulations as said board may prescribe, the portion of the common school fund, arising from any source, belonging to said town, to be determined by the number of pupils taught in said schools, who reside in Macon county, to be by them, the said Board of Education, expended in the establishment and

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maintenance of said public schools, as authorized and directed by the Constitution and laws of this State. Board to receive pro rata of common school fund. Use of same. SEC. VII. That all children whose parents or natural protectors bona fide reside within the corporate limits of said town of Oglethorpe shall be entitled to the benefit of said schools. The said Board of Education may charge each pupil attending said schools not exceeding ten (10) dollars tuition per scholastic year, and may admit children into said schools whose parents, guardians or natural protectors do not reside within the corporate limits of said town of Oglethorpe upon the payment of such tuition as they may deem reasonable and proper. Pupils. Tuition. Non-resident pupils. SEC. VIII. That the mayor and council of Oglethorpe shall, within fifteen days after notification of the passage of this Act, order an election, of which notice shall be given by publication in the Macon County Citizen for fifteen days, and which shall be conducted as other elections are held in said town, and at which election the qualified voters residing within the corporate limits of said town shall be entitled to vote. At said election said voters shall have written or printed on their ballot for schools or against schools, and this Act shall not become operative unless two-thirds of the qualified voters shall cast their ballots for schools. Should the result of said election be against schools, the mayor and council may order other elections on the same question from time to time; provided , that said elections shall not be held oftener than once in twelve months. Election as to adoption of this Act. Subsequent elections. SEC. IX. That any person who shall vote at any election authorized under this Act without being qualified to vote according to the provisions of this Act shall be deemed guilty of a misdemeanor, and on conviction in any court having jurisdiction of the same shall be punished as prescribed in section 4310 of the Code of 1882. Illegal voting. SEC. X. That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 26, 1890. PUBLIC SCHOOLS FOR MARIETTA. No. 250. An Act to create a system of public schools for the city of Marietta, in the county of Cobb; to levy a tax and provide a support for same; to create a Board of Education and define their powers and duties; to authorize a bonded indebtedness for said city, and other purposes. SECTION I. Be it enacted by the General Assembly of Georgia, the corporate authorities of the city of Marietta having so recommended, That an election shall be held in the city of Marietta, in the county of Cobb, as soon after the passage of this Act as the mayor and council thereof may decide, to determine the question

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of establishing and maintaining a system of public schools in said city and creating a bonded indebtedness therefor. All persons entitled to vote for mayor and councilmen in said city shall be entitled to vote in said election, and said election shall be held under the same rules and regulations as the municipal elections of said city are held. Those favoring said public school system shall have on their ballots the words for public schools and for bonds, and those opposing the system shall have on their ballots the words, against public schools and bonds. Election as to system of public schools and creation of bonded indebtedness. Regulations as to elections, etc. SEC. II. Be it further enacted, That if two-thirds of the voters of said city entitled to vote in said election shall cast their ballots for public schools and for bonds at said election, then the mayor and council of said city shall, at their regular meeting thereafter, elect from the freeholders of said city six men who shall compose a Board of Education for said city. The terms of two of said board shall expire with the year 1892, two with the year 1894, and two with the year 1896. Biennially, after said first election, at the regular December meeting of said mayor and council, they shall elect two members to said board, who shall hold for six years and until their successors qualify. The members of said board shall be residents of said city and freeholders and after the first election their terms shall begin and expire with the calendar year. The members of said board shall subscribe on oath on the minutes of the council to faithfully discharge the duties of their office to the best of their ability. When any vacancy shall occur in said board from death, resignation or otherwise, the unexpired term may be filled by the mayor and council at any regular meeting thereafter. Election of Board of Education. Terms of office, etc. Oath of office. Vacancies. SEC. III. Be it further enacted, That said Board of Education shall be a body politic and shall be known as the Board of Education of the city of Marietta; shall be capable of suing and being sued as such; they are empowered to enact such by-laws, rules and regulations, not inconsistent with the laws of this State or the United States, for the government of themselves, the superintendent, teachers and pupils of said schools, as they may deem proper. They may hold any property, real or personal, that they may acquire by purchase, donations or otherwise. They shall elect from their body a president who shall exercise such powers and perform such duties as the board may prescribe. They shall also elect from the citizens of said city, but not from their body, a secretary and treasurer, who shall hold their offices for two years, unless sooner removed. They shall pay said secretary and treasurer such salaries as they may deem just not exceeding fifty dollars each per annum. Said treasurer shall give bond in such amount as said board shall determine sufficient, with good and sufficient security, to be approved by said board, and payable to said board for the faithful discharge of his duties and the safe keeping and disbursement of all moneys, bonds and matters entrusted to his care. Said bonds shall be recorded on the minutes of said board. The board may remove the secretary or treasurer for cause, and they may fill any vacancy in either of said offices at any time. No officer of

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the city shall be eligible to any office created by this Act. The members of said board shall receive no compensation. Corporate name and powers of board, etc. President. Secretary and treasurer. Bond of treasurer. Removal of secretary or treasurer, etc. City officers not eligible. SEC. IV. Be it further enacted, That said Board of Education shall establish and maintain in said city one or more schools for white children and one or more schools for colored children. Said schools shall be separate and distinct and capable of accommodating all the children entitled to attend the same. With the proceeds of the bonds herein provided for, said Board of Education shall purchase buildings or lots and erect buildings, and furnish and equip and make the same suitable for said schools. Said board may purchase any school property in said city if, in their opinion, it is for the best interest of said schools and city. Said board shall supervise, regulate and make efficient said schools; they shall establish the grades therein and prescribe the studies and text-books therefor, but said schools shall embrace what are known as the primary, grammar and high school grades; they shall elect a superintendent and the teachers for said schools, and fix and pay their salaries: for sufficient cause, they may discharge the superintendent or teachers and expel pupils at any time; they shall provide for the necessary [Illegible Text] and appliances of said schools, and do all lawful acts necessary for the proper support and successful operation of said schools. Separate schools for white and colored pupils. Buildings, etc. Supervision, etc., of schools. Grades. Superintendent and teachers, etc. SEC. V. Be it further enacted, That said board shall prescribe incidental fees for the children of said city who may attend said schools, as follows: For primary grade, fifty cents per scholastic month; for grammar grade, not less than seventy-five cents per scholastic month; for high school grade, not less than one dollar and fifty cents per month. Said fees shall be paid monthly in advance, and the board shall determine to whom they shall be paid. All the children between the ages of six and eighteen years, whose parents, guardians or natural protectors reside within the corporate limits of said city, shall be entitled to the benefits of said school upon paying the incidental fees of the grade to which such child belongs. Said board shall also provide for the admission into said schools of persons over eighteen years of age residing in said city, and of any persons residing out of said corporate limits upon the payment of such rates of tuition as may seem to them reasonable and just; provided, however , that said Board of School Commissioners shall have power, and it shall be their duty to remit the payment of said incidental fees in the cases of any children who may not be able, and whose parents or guardians may not be able, in the judgment of the board, to pay the same. Incidental fees. Pupils. Non-resident pupils, etc. Incidental fees may be remitted. SEC. VI. Be it further enacted, That it shall be the duty of said board to have prepared and furnish the county school commissioner of Cobb county each year a list of all the pupils entitled to the State school fund in attendance upon said schools; and said school commissioner shall pay over to the treasurer of said board such portion of the educational fund of Cobb county as said pupils are entitled to under the rules of distribution. Said treasurer shall also receive from the clerk of the council of said city the tax hereinafter

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levied for the support of said schools. Said schools shall be supported and maintained by the funds raised under the provisions of this and preceding section. Said board shall make a report at the end of each scholastic year to the mayor and council of said city, showing the amount of funds received and from what source, and how expended. Said mayor and council shall cause this report to be published in the city paper. Said board shall cause to be kept a complete and correct record of all their proceedings, which shall be open to public inspection at all times. Pro rata of county educational fund. Proceeds of tax, etc. Annual report of board. [Illegible Text] SEC. VII. Be it further enacted, That if said election shall be for public schools and bonds as provided in sections 1 and 2 of this Act, the mayor and council of the city of Marietta, Georgia, shall levy and collect a tax annually, in addition to that now allowed by law, not to exceed [unk] of one per cent. on all the taxable property in said city, for the purpose of supporting and maintaining said public schools, and said funds shall not be used for any other purpose. The clerk of the council shall pay over said funds to the treasurer of the board, less such commissions as said clerk may be entitled to out of said fund. Tax for support of schools, etc. SEC. VIII. Be it further enacted, That if said election shall be for schools and bonds as hereinbefore provided, the mayor and council of said city shall, and they are hereby authorized to, issue the bonds of said city, to be signed by the mayor and clerk thereof, an aggregate sum not to exceed fifteen thousand dollars, of five hundred dollars each, to be known as the Marietta school bonds and to draw interest at a rate not greater than six per cent. per annum, payable semi-annually on 15th days of May and December of each year. On the 15th day of December, 1895, two of said bonds shall, mature, and on the 15th day of each December thereafter two of said bonds shall mature, until all of said bonds are due, and they shall be so drawn. Before the issuing of said bonds, said mayor and council shall provide for the assessment and collection of an annual tax on the taxable property of said city sufficient in amount to pay the principal and interest of said bonds as they shall mature, and to finish paying the whole of said bonds by the time the last installment thereof shall mature, but no part of the fund so raised shall be used for any purpose other than that herein provided. Said bonds shall be negotiated by the mayor and council at not less than par and without expense to the city, and the whole proceeds thereof to be turned over to the treasurer of said board, to be by said board expended in purchasing school buildings or lots and erecting suitable buildings for said schools, furnishing and equipping the same, as hereinbefore provided, and for no other purpose, and only so many of said bonds shall be negotiated by said mayor and council as said board shall determine to be necessary for said purposes. School bonds. Amount, denommation, [Illegible Text] of bonds. Tax to pay bonds. Bonds to be negotiated at not less than par. [Illegible Text] proceed to be turned over to board, and used how, etc. SEC. IX. Be it further enacted, That if the result of said election shall be against schools or bonds, the mayor and council of said city may, in their discretion, order other elections to be held, not oftener than one per year, until the result is for schools and bonds. Subsequent elections.

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SEC. X. Be it further enacted, That all laws conflicting with this Act are hereby repealed. Approved December 29, 1890. PUBLIC SCHOOLS FOR MARSHALLVILLE. No. 254. An Act to establish a public school system for the town of Marshallville, Georgia; to appoint a Board of Education for said town; to provide for raising revenue to maintain said school; to authorize and require the county School Commissioner of Macon county to pay over to the Board of Education of said town such part of the State school funds as may be the pro rata share of all the children of said town eligible to attend said schools, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act, there shall be established in the town of Marshallville, in said State, a system of public schools, the same to be established, conducted, maintained, supported and provided for in the manner hereinafter set forth. Public schools to be established, etc. SEC. II. Be it further enacted, That within ten days after this Act shall be ratified by the voters of said town of Marshallville as hereinafter provided, the mayor and council of Marshallville shall elect by ballot from the citizens of said town who shall be freeholders therein five persons, who shall constitute the Board of Education of said town. At said election one of said persons shall be elected for a term of one year, two for two years and two for three years, and thereafter their successors shall be elected for terms of three years. All vacancies in said board from death, resignation, removal from the town or otherwise, shall be filled by the mayor and council at their first regular meeting after said vacancy occurs. Not less than three members of said board shall constitute a quorum for the transaction of all the duties and business of said board. Election of Board of Education. Terms of office. Vacancies. Quorum. SEC. III. Be it further enacted, That no member of said board shall reside without the corporate limits of the town of Marshallville; that the officers of said Board of Education shall be a president who shall be [Illegible Text] officio superintendent of schools, and a secretary and treasurer; that no member of said board or officers thereof shall receive any compensation for their services, except the secretary and treasurer, who may be given such compensation as the Board of Education may determine upon, and he shall give bond in the sum of $1,000 for the faithful discharge of his duties, which said duties shall be designated by the Board of Education. The duties of the president shall be prescribed by the board. The president and the secretary and treasurer shall hold their offices at the will of the board. Members of board must reside in town. Officers. No compensation for board or officers, except secretary and treasurer. His bond. Duties of president. Offices [Illegible Text] at will of board.

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SEC. IV. Be it further enacted, That the duties of said Board of Education shall be to establish in said town of Marshallville at least two schools, one for the white children and one for the colored, or more if they shall deem it necessary, which shall be entirely distinct and separate; to provide school-houses by rent, purchase or otherwise, and repair the same; to employ teachers; to prescribe the curriculum of said schools; to provide all necessary school furniture and educational appliances; to fix the salaries of teachers; to hold and make titles to any property that may be procured by purchase, lease, gift or otherwise; to make all such by-laws, rules and regulations for the government of the board and for the government of said schools, and for the receiving and paying out of school funds, as they may deem necessary and are not in conflict with the laws of this State. Duties of board. SEC. V. Be it further enacted, That the necessary funds for establishing, conducting, maintaining and supporting said public schools shall be derived as [Illegible Text], to-wit: 1st. The town council of Marshallville is hereby authorized, empowered and required to levy each year, after the passage of this Act, a special tax as the Board of Education shall recommend, not to exceed one-half of one per cent. on all the property in said town subject to taxation by said town; to collect said tax and pay over the same to the secretary and treasurer of said Board of Education., 2d. The county school commissioner of Macon county shall pay over to the secretary and treasurer of the Board of Education the pro rata share of the State school funds for each child attending the schools established by said board upon the presentation by said secretary and treasurer of a list of the pupils, with the number of days of their attendance upon such schools certified to by the principals of said schools. 3d. The said Board of Education shall require each child entering said school to pay an incidental fee, which shall amount for the scholastic year to not more than $10 nor less than [Illegible Text], and the sum shall be paid in the manner and at such times as may be prescribed by said board, and no child shall be allowed to attend said school without a faithful compliance with this requisition. Levy, collection, etc. of school tax. Pro rata of State school fund. Incidental fees. SEC. VI. Be it further enacted, That all sums paid as above required to said secretary and treasurer or Board of Education shall constitute the public school fund, and shall be used and paid out by said Board of Education for the following purposes, to-wit; payment of salaries of teachers building, purchasing, leasing or renting school-houses, and repairing and insuring the same, purchasing school furniture and educational appliances and repairing the same, payment of salary of secretary and treasurer, and for other purposes connected with and for the good of said schools. Use of public school fund. SEC. VII. Be it further enacted, That said schools shall be open for not less than six months nor longer than ten months in each year, and shall be free, except for payment of the incidental fee above provided for, to all children between the ages of six and eighteen years, whose parents, guardians or natural protectors reside within the corporate limits of the town of Marshallville, and children

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outside of said corporate limits, and those over eighteen years old residing within the same may be admitted to said schools upon such terms as said Board of Education may prescribe. Schools to be open not less than six months, etc. Pupils. Non-resident pupils etc. SEC. VIII. Be it further enacted, That any member of said Board of Education shall, for malfeasance or non-feasance, be removed from office by a majority vote of the other members of said board, and his place filled immediately as heretofore provided. Removals from office. SEC. IX. Be it further enacted, That the Board of Education of Macon county shall not establish or open any school within the corporate limits of Marshallville, nor have any authority or voice in the management of the schools therein established by the Board of Education of the town of Marshallville. County board not to open school in town, etc. SEC. X. Be it further enacted, That all contracts made by or with said Board of Education of the town of Marshallville shall, on the part of said board, [Illegible Text] signed and executed by the president and the secretary and treasurer of said board. Signing and execution of contracts made by board. SEC. XI. Be it further enacted, That this Act shall be submitted to an election for approval or disapproval by the qualified voters of the town of Marshalville as soon as practicable after the passage of the same, of which election the mayor shall give at least ten days' notice by posting in three public places in said town written or printed notices giving the time and place of holding said election. Those voters favoring this Act shall have written or printed on their ballots for public schools, and those opposing shall have written or printed on their ballots against public schools; that said election shall be held in the same manner as elections for mayor and aldermen of the town of Marshallville are held, and the managers of said election shall certify the number of votes cast for public schools and against public schools to the mayor and aldermen of the town of Marshallville, and if two-thirds of the qualified voters of said town shall vote for public schools, the mayor of said town shall so declare in writing and publish his said declaration by posting the same in a conspicuous place in said town, and upon said publication this Act shall take effect and be of force, and the public schools herein provided for shall be put in operation as soon as deemed practicable by said Board of Education. Election as to adoption of this Act, etc. SEC. XII. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 29, 1890. PUBLIC SCHOOLS FOR HAWKINSVILLE. No. 286. An Act to amend the charter of the town of Hawkinsville, in the the county of Pulaski, so far as to authorize the establishment and maintenance of public schools in said town, and to authorize the issuing of bonds of said town by the corporate authorities thereof for the purpose of building and equipping suitable school buildings in said town, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That the mayor and council of the town of Hawkinsville,

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in the county of Pulaski and State of Georgia, are hereby authorized and empowered and required to establish and maintain public schools in and for said town as soon as possible, upon the terms and conditions and subject to the provisions as hereinafter enacted. School system to be established etc. SEC. II. Be it further enacted by the authority aforesaid, That the mayor and council of said town of Hawkinsville are hereby authorized, empowered and required to levy and collect a tax annually, in addition to that now authorized by law, upon the taxable property of said town, not to exceed one per cent., for the purpose of establishing and maintaining the public schools of said town; provided , the sum so raised shall be used only for the purpose of establishing and maintaining the public schools of said town. School tax. SEC. III. Be it further enacted by the authority aforesaid, That no children shall be the recipients of the benefits of said public schools who are under six years and over eighteen years of age at the time they enter said school and whose parents, guardians [Illegible Text] natural protectors have not been actual residents of said town for one month preceding the time of their application for admittance into said school; but this section shall not be construed to exclude from said schools the children of any parent, guardian or natural protector, though non-resident, who is now or hereafter may become the owner in fee simple of real estate of the value of three hundred dollars by the corporation return or assessment; provided , that no child or children shall be excluded from the benefits of said schools whose parents, guardian or natural protector is a resident of said town. Pupils. SEC. IV. Be it further enacted, That the charter of the said town of Hawkinsville be further amended as follows: That the mayor and council of said town be, and they are, hereby authorized and empowered to issue bonds of said town in such sums and at such times as they may see proper, not to exceed in the aggregate the sum of ten thousand dollars, of the denomination of one hundred dollars each, to become due and payable at such time or times, not exceeding twenty years from the date of the issue thereof, as said mayor and council shall determine, and bear interest not to exceed the rate of seven per cent. per annum, said bonds to be issued, sold and hypothecated for the purpose of building, completing and equipping a high school building in and for said town. School bonds. Amount, denomination, etc., of bonds. SEC. V. Be it further enacted, That the mayor and council of said town are hereby authorized and empowered to levy, assess and collect annually a sufficient tax upon and from the taxable property in said town, real and personal, to pay the principal and interest of said bonds as they shall become due, which tax shall be separately levied, assessed and collected for the specific purpose herein designated, and shall not be used or applied to any other purpose whatever; and said mayor and council are hereby authorized and empowered to issue interest coupons payable annually for the interest on said bonds. Any money remaining on hand, received and collected by taxation under this Act, after the payment of the maturing interest coupons and bonds each year, shall be held by said

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mayor and council as a sinking fund for the payment of the bonds and interest maturing the next year. Tax to pay bonds, etc. SEC. VI. Be it further enacted, That said bonds shall be signed by the mayor and clerk of council of said town, and negotiated, sold and hypothecated in such manner and in such sums and at such times as said mayor and council may determine for the best interest of said town, and the speedy execution of the objects of this Act; and the money arising from the sale or disposition of said bonds shall be used by said mayor and council of said town in building and equipping suitable high school buildings in said town, upon such terms and in such locality as said mayor and council and the trustees of said school, appointed as hereinafter designated, may deem best for said town and school. Execution and negotiation of bonds. Use of proceeds. SEC. VII. Be it further enacted by the authority aforesaid, That the provisions of this Act in relation to the establishment and maintenance of public schools in said town, and the issuing of bonds of said town with the proceeds of which to build and equip high school buildings in said town, shall not go into effect and become operative until the question of establishment of public schools in said town and the issuing of said bonds shall have been submitted to a vote of the qualified voters of said town, under regulations adopted by the mayor and council of said town, and approved by a two-thirds' vote of the persons qualified to vote, at an election held for that purpose in accordance with the Constitution and laws of this State, which said election or elections shall be held under an order of the mayor and shall be advertised for thirty days immediately preceding such election, at the city hall in said town, and in any newspapers published in said town; provided , that such election to decide upon the establishment of said schools and upon the issuing of bonds of said town, being separate questions, may be held to decide both questions on the same day or on separate days, as the mayor, in his discretion, may order; and provided further , that the mayor shall have prepared, at the expense of said town, the votes to be cast at such election, and if the question submitted at said election shall be decided affirmatively, in accordance with the terms of this Act, it shall be the duty of the corporate authorities of said town to levy and collect a tax and issue and dispose of the bonds of said town in accordance with the various sections of this Act in relation thereto; but should said questions or either of them be decided negatively at such election, the effect shall be only to suspend the operations of the various sections of this Act in relation thereto. Election as to adoption of this Act, etc. SEC. VIII. Be it further enacted, That if at said election or any future election under section 7 of this Act the question or questions voted on shall be decided against the establishment of said schools, or against the issuing of bonds under sections 4 and 7 of this Act, it shall be the duty of the mayor of said town, upon the written application of five qualified voters of said town, to order another election, which shall be held as required by this Act. Subsequent elections. SEC. IX. Be it further enacted, That whenever, at an election held to decide whether public schools shall be established in said

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town, by a two-thirds' vote of the qualified voters of said town, as required by section 7 of this Act, it shall be then the duty of the mayor and council, as early as practicable after said election, at a regular or called meeting, to elect seven trustees from among the citizens of said town, two of whom shall hold their offices for one year and two for two years and three for three years from the date of their election. Election of school trustees. Terms of office. SEC. X. Be it further enacted by the authority aforesaid, That the trustees thus elected shall have the exclusive jurisdiction of and authority over said public schools, and it shall be their duty exclusively to employ and elect teachers for the same, and to make such laws and regulations for the government of said schools as they may deem necessary; and said Board of Trustees shall be further empowered to elect their own president, secretary and treasurer, and to fill any vacancy that may occur from death, resignation or removal, and the person so appointed shall hold his office until the end of the term and until the next regular election of trustees by said mayor and council. Powers of trustees. SEC. XI. Be it further enacted, That the mayor and council of said town of Hawkinsville shall have authority, in addition to the taxes levied under other sections of this Act, to assess and collect such admission fee for each child admitted into said schools, not to exceed three and one-half dollars per month and payable in advance or at the end of the month, as they may order, from the parent, guardian or natural protector of such child. Admission fee. SEC. XII. Be it further enacted, That separate schools shall be provided and kept for white and black children of said city established under this Act. Separate schools for white and colored. SEC. XIII. Be it further enacted, That the persons qualified and entitled to vote under this Act shall be actual residents of said town of Hawkinsville at the time of said election, and shall also be legally qualified to vote for mayor and councilmen of said town of Hawkinsville. Qualifications of voters. SEC. XIV. Be it further enacted by the authority aforesaid, That the tax collected for public schools in said town under this Act shall remain a separate fund in the treasury of said town, subject to be drawn for only upon the order of the Board of Trustees, said order to be countersigned by the mayor and clerk of said town under such rules and regulations as said mayor and council may prescribe. Proceeds of school tax to be drawn only upon order of board of trustees, etc. SEC. XV. Be it further enacted, That the county school commissioners of Pulaski are hereby authorized and required to pay over to the said Board of Trustees of the public schools of said town, under such rules and regulations as the Board of Education of said county may prescribe, the proportion of common school fund of the State that should belong to said town, to be used by said Board of Trustees in the establishment and maintenance of said public schools. Pro rata of State school fund. SEC. XVI. Be it further enacted, That the trustees of said public schools may admit the children of non-residents to the benefits of said public schools upon such terms as to them may seem reasonable and just. Non-resident pupils.

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SEC. XVII. Be it further enacted, That the mayor and council of said town of Hawkinsville be, and are, hereby empowered to pass all such ordinances as may be necessary to carry out the provisions of this Act, not inconsistent with the Constitution and laws of this State. Ordinances. SEC. XVIII. Be it further enacted, That guardians, trustees and others acting in a fiduciary capacity are hereby authorized to invest any funds in their hands, of their wards and others for whom they are so acting, in bonds of said town so issued, and such investments shall be exempt from taxation during the minority of the ward or other person for whom they are so acting. Guardians, etc., authorized to invest in the bonds. Such investments exempt from taxation. 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 August 11, 1891. PUBLIC SCHOOLS FOR BOSTON. No. 298. An Act to establish a system of public schools in the town of Boston, Georgia, to provide for raising revenue to maintain said schools, to authorize the County School Commissioners of Thomas county to pay over to the Board of Education of said public schools such part of the State school fund as may be their just pro rata share thereof. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act that the town council of Boston is hereby authorized and empowered to levy a special tax on all of the property in the said town of Boston not to exceed one-fifth of one per cent., to adopt such method as will reach a fair and equitable assessment of said property for taxes as they may deem wise and just, and that the revenues derived by the town of Boston from the following sources be, and they are, hereby appropriated to the maintenance of said public schools, and shall be turned over by the corporate authorities of said town to the Board of Education to be chosen and elected by the legal voters of said town when collected, namely: All proceeds from grants of licenses to circuses and all other shows traveling or otherwise exhibiting in the town of Boston. Special school tax. Proceeds of licenses of circuses and shows to be used for schools. SEC. II. Be it further enacted, That a Board of Education be elected and chosen from the legal voters of said town of Boston, said board to consist of seven members and to be elected annually and at the same time that the mayor and councilmen are elected, under the same rules and regulations as other elections are conducted, except that the returns shall be made to town council of Boston, which council shall declare the result of said election within three days from the time said election is held. Said board shall have power to fill all vacancies caused by death, removal from said town of Boston or otherwise. No one shall be eligible on said Board

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of Education unless he is twenty-one years old and has been a legal voter of said town for six months next preceding his election. Election of board of education. Vacancies. Qualifications for office. SEC. III. Be it further enacted, That the Board of Education shall have the power to appoint a principal and such number of assistant teachers as they may consider necessary; to remove any member of the faculty when they consider it to the interest of the school to do so; to fix the salaries of the principal and assistants, and the mode and time of payment; to prescribe the course of study; to establish the rate of matriculation fees; provided , the same shall not exceed one dollar per month per scholar; to adopt by-laws, rules and regulations for the government for the schools, not to be in conflict with the Constitution of the State or of the United States; and to exercise a general supervision and control over all the property and interests of the schools. Powers of board of education. SEC. IV. Be it further enacted, That the Board of Education shall have power to elect from their body a chairman, secretary and treasurer, said treasurer to be put under such restrictions as said board may provide for under their by-laws; that said Board of Education shall keep regular minutes of its proceedings and shall publish the same at the close of each scholastic term, in the paper or papers of the town. Officers of board. Minutes. SEC. V. Be it further enacted, That the said Board of Education shall have power to provide suitable buildings for school purposes as may be required to meet the demands of said graded schools. School buildings. SEC. VI. Be it further enacted, that the town council of Boston shall be authorized to turn over all school tax when assessed and collected to such Board of Education as may be duly elected by said town of Boston; to be disbursed by said Board of Education as, in their judgment, may be right and proper for the maintenance of said graded schools. Disposition of proceeds of school tax. SEC. VII. Be it further enacted, That the Board of Education shall provide separate schools for the white children and colored children that may be admitted to said schools, and that the schools shall be kept open not less than nine scholastic months in each year. Separate schools for the races. Schools to be open not less than nine months. SEC. VIII. Be it further enacted, That this Act shall be submitted to the legal voters of said town of Boston for their approval, at an election to be called by the mayor and councilmen of said town at their first regular meeting after the approval of this Act, notice of which election shall be published in the newspaper of said town for ten days prior to the holding of said election; said election to be held under the same rules governing the election of mayor and councilmen. Those in favor of graded schools, as herein provided for under this law, shall have printed or written on their ballots for graded schools, and those opposed to graded schools under this Act shall have printed or written on their ballots no graded schools. The managers of said election shall make their returns to the mayor and council of said town within five days after said election is held. It shall be the duty of said mayor and councilmen at their first regular meeting after said election to open such returns and announce the result and record the same on the minutes

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of that meeting. This law shall not become operative unless two-thirds of the qualified voters of said town shall cast their ballots for graded schools. If said Act fails to be adopted said mayor and councilmen may submit the same question to the legal voters of said town after the expiration of twelve months from date of preceding election. Election as to adoption of this Act, etc. SEC. IX. Be it further enacted, That the county school commissioner of Thomas county is hereby authorized and required to pay over annually, as soon as the same is received, to the treasurer of the graded schools herein provided for such pro rata part of the State school appropriation as may be due to said graded schools upon the enumeration of the children attending said public schools in the town of Boston. Pro rata of State school fund. 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. AUTHORIZING SEMINARY BUILDING, ETC., IN WASHINGTON TO BE TURNED OVER TO THE BOARD OF EDUCATION FOR PUBLIC SCHOOL PURPOSES. No. 316. An Act to authorize and empower the Board of Trustees of the Washington, Georgia, Female Seminary to turn over for public school purposes the building and grounds of said Female Seminary in Washington, Georgia, to be used by said Board of Education for such public school purposes, and upon such terms as may be agreed upon by said Board of Trustees and said Board of Education. SECTION I. Be it enacted by the Senate and House of Representatives of the State of Georgia, That from and after the passage of this Act, the trustees of Washington Female Seminary, of Washington, Georgia, be, and they are, hereby authorized to turn over to the Board of Education of said town of Washington the seminary building and grounds, to be used by said Board of Education for public school purposes, and upon such terms as may be agreed upon by said Board of Trustees and said Board of Education. Trustees of seminary authorized to turn over to board of education buildings, etc. Use of same, etc. SEC. II. Be it further enacted by the authority aforesaid, That all laws in conflict with this Act are hereby repealed. Approved August 22, 1891.

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AUTHORIZING ACADEMY BUILDING, ETC., IN WASHINGTON TO BE TURNED OVER TO BOARD OF EDUCATION FOR PUBLIC SCHOOL PURPOSES. No. 317. An Act to authorize and empower the Board of Trustees of the Washington Male Academy to turn over to the Board of Education of the town of Washington, Georgia, the academy building and grounds, to be used by said Board of Education for public school purposes, upon such terms as may be agreed upon between said Board of Trustees and said Board of Education. SECTION I. Be it enacted by the Senate and House of Representatives of the State of Georgia, That from and after the passage of this Act the Board of Trustees of the Washington Male Academy of Washington, Georgia, shall have authority to turn over to the Board of Education of said town of Washington the Academy building and grounds, to be used by said Board of Education for public school purposes, upon such terms as may be agreed upon by said Board of Trustees and said Board of Education. Trustees of academy authorized to turn over building, etc., to board of education. Use of same, etc. SEC. II. Be it further enacted, That all laws conflicting with this Act are hereby repealed. Approved August 22, 1891. PUBLIC SCHOOLS FOR WASHINGTON. No. 427. An Act to establish a system of public schools in the town of Washington, Ga., to provide for raising revenue to maintain said schools, to authorize the County School Commissioner of Wilkes county to pay over to the Board of Education of said public schools such part of the State school fund as may be their just pro rata share thereof. SECTION I. Be it enacted by the Senate and the House of Representatives of the State of Georgia, That for the purpose of establishing a system of public schools in the town of Washington, Ga., a Board of Education shall be elected in the manner hereinafter prescribed, said board to consist of seven citizens resident within the limits of the town of Washington, two of whom shall be elected for the term of two years, two of them for the term of four years, two for the term of six years and one for the term of seven years. As the terms of said commissioners expire, the said board shall elect their successors at such elections by the board. The outgoing commissioners shall have no right to vote, and it shall require a majority of the five remaining commissioners to elect. Said board shall also have power to fill all vacancies in it occurring from death, resignation, removal from the town or otherwise. Board of education. Number, terms of office, etc. Vacancies.

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SEC. II. Said board shall have perpetual succession, and shall have authority to devise and adopt a system of public instruction in the town of Washington; to modify the same from time to time; to establish such schools as they may deem proper; to prescribe the curriculum, appoint teachers for said schools and a superintendent if deemed necessary; to suspend or remove such teachers and superintendent, fix their compensation, provide school-houses by rent, purchase, building or otherwise, in the discretion of the board; to make and hold titles to any such property and to make such rules and by-laws and regulations for their own government and that of the superintendent, teachers and scholars as said board may deem proper and are not inconsistent with the laws of this State. Powers of board. SEC. III. Be it further enacted, That the officers of said board shall be a president, a vice-president and a treasurer, who shall also be the secretary of said board, and such other officers as the board may deem advisable, all of whom shall be elected by the board. No members of the Board of Education shall be superintendent. The board shall require of the treasurer a bond with good security, to be judged of by the board, for the faithful performance of his duties as treasurer, and shall fix the compensation of the treasurer (whenever it deems it proper to allow such compensation). All officers of the board shall hold their offices at the pleasure thereof. Officers of board. No member of board may be superintendent. Bond of treasurer. His compensation. Offices to be held at pleasure of board. SEC. IV. Be it further enacted, That said Board of Education shall keep regular minutes of its proceedings and shall furnish, from time to time, to the town council of Washington, Ga., an estimate of the funds required to maintain said school and shall make a report annually on the fourth Monday in July to the town council of the condition of said public schools, the receipts and expenditures of the year then ending, which report shall be published in one of the Washington papers. Minutes. Estimates and reports. SEC. V. Be it further enacted, That the revenues derived by the town of Washington from the following sources be, and they are, hereby appropriated to the maintenance of said public schools and shall be turned over by the proper authorities to the Board of Education: 1. Such part of the proceeds from the grant of licenses to sell spirituous liquors by said town authorities, as in the discretion of said authorities can be spared after paying the current expenses of the town. 2. The town's pro rata share of the State's school fund. 3. Whenever the Board of Education shall deem it necessary to increase the funds for the maintenance of said schools, the town council shall levy a tax upon all property subject to taxation by the town and collect the same and pay it to said Board of Education; but said tax shall not exceed one-fourth of one per cent. per annum upon said taxable property. Revenues appropriated to schools. Portions of proceeds of liquor licenses. Pro rata of State school fund. School tax. SEC. VI. Be it further enacted, That said board shall be entitled to receive from the county school commissioner of Wilkes county its pro rata share of the State school fund, and it is hereby made the duty of said commissioner to pay over to said Board of Education such pro rata share. Board to receive pro rata of State school fund. SEC. VII. Be it further enacted, That said Board of Education shall provide separate schools for the white children and for the

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colored children of said town. All children in the town between the ages of six and eighteen years of age whose parents or guardians are bona fide residents of the town, shall be entitled to the benefits of said schools. Said schools shall be kept open during not less than nine scholastic months in each year. The Board of Education shall provide for free tuition in said schools during a sufficient number of months, to enable each scholar attending them to get the full benefit of the school fund paid to said board by the State, but each scholar, after having thus received the benefit of the school fund derived from the State, shall pay such tuition for the remainder of the scholastic year, or any part thereof, as the board may fix in no case to exceed one dollar per month for each scholar. The Board of Education shall also provide for the admission of children whose parents or guardians do not reside in said town, upon the payment of such reasonable rates of tuition as the board may prescribe. Separate schools for the races. Pupils. Schools to be open not less than nine months. [Illegible Text] [Illegible Text] SEC. VIII. For the purpose of erecting or purchasing or otherwise providing suitable school buildings in said town, the town of Washington, through its Board of Commissioners, shall have authority to issue bonds to an amount not exceeding ten thousand dollars, said bonds to be signed by the mayor of said town and by the secretary of said Board of Commissioners. Said bonds shall bear such rate of interest, not exceeding seven per cent per annum, as said Board of Commissioners shall determine upon. These bonds may be in such denominations as the Board of Commissioners shall fix, except that they shall be made to mature so that five hundred dollars of the principal of them shall fall due annually. The principal of the maturing bonds and the interest on them annually shall be made to become payable at such time in each year as the Board of Commissioners may determine upon. These bonds shall be issued at such time and in such quantities as the proceeds to be raised from them are needed, and as they are sold the Board of Commissioners shall turn over to said Board of Education the net proceeds. The Board of Commissioners of Washington, Georgia, shall each year, in addition to all other taxes levied by them, levy a tax sufficient to pay the annual interest on said bonds, and also to pay the principal of such bonds as annually fall due. School bonds. Amount execution, etc., of bonds. Issue of bonds and use of [Illegible Text]. Tax to pay bonds. SEC. IX. Be it further enacted, That the Board of Commissioners of the town of Washington, Georgia, shall, within ninety days after the passage of this Act, order an election of which notice shall be given by publication in the Washington Chronicle once a week for at least three weeks preceding the election. This election shall be conducted as other elections are held in said town for town officers and at which election the qualified voters resident within the corporate limits of Washington shall be entitled to vote. At said election said voters shall have written or printed on their ballots for schools or against schools, and this Act shall not become operative unless two-thirds of the persons qualified to vote at said election shall cast their ballots for schools. At said election each voter may vote for seven persons who are to constitute the Board of Education provided for above, specifying on the ballot the number

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of years the person voted for, if elected, shall serve. The seven persons receiving a majority of the ballots cast shall be declared elected. Each person elected as a member of said Board of Education shall, before entering upon his duties, make and subscribe an oath to faithfully perform such duties, and the term of service of each of the seven commissioners of education above provided for shall date from the time this Act shall become operative. Election as to adoption of this Act, etc. And for members of the first board of education. Official oath and term of members of board. SEC. X. All laws in conflict with this Act are hereby repealed. Approved September 14, 1891. PUBLIC SCHOOLS FOR SUMMERVILLE. No. 428. An Act to establish free schools in the town of Summerville, Chattooga county, Georgia. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That within forty days from the passage of this Act, the corporate authorities of the town of Summerville having so recommended, the mayor and council shall order an election, of which notice shall be given in the newspaper published in Summerville for three weeks previous thereto, and which shall be conducted as are elections for mayor and council in said town, and at which election the qualified voters resident within the corporate limits of said town shall be entitled to vote. At said election said voters shall have written or printed on their ballots for free schools or against free schools, and this Act shall not become operative unless two-thirds of the persons qualified to vote in said election shall cast their ballots for free schools. In addition, at said election there shall be chosen by ballot from the citizens of said town five persons, freeholders therein, who shall constitute the Board of Education of said town. At said election one of said persons shall be chosen for one year, two for two years and two for three years, and thereafter their successors shall be elected for terms of three years. All vacancies in said board shall be filled by the board, which shall be to fill an unexpired term only. If the result of said election shall be against free schools, the mayor and council may order other elections on the same question from time to time; provided , that said elections shall not be held oftener than once in twelve months. Election as to system of schools. And board of education. Terms of office. Vacancies. Subsequent elections. SEC. II. Be it further enacted, That said Board of Education shall take the oath now required of county Boards of Education. The officers of said board shall be a president and a treasurer, who shall also be secretary of said board. The treasurer shall be elected from the board, and shall give bond with good security in such sum as the board may fix. His compensation shall be fixed previous to his election by the board in an amount not to exceed fifty dollars per annum. Oath of office of members of board. Officers. Election, bond and compensation of treasurer. SEC. III. Be it further enacted, That said Board of Education shall have authority to adopt and maintain a system of free or

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public schools in said town; to establish such schools as they may see proper; to prescribe the curriculum, appoint and employ teachers for said schools; and the principal of schools for the whites shall be superintendent of schools under this Act; to fix their compensation; to provide school-houses by purchase, rent, lease, gift or otherwise; to make and hold titles to any and all school property; to make such by-laws, rules and regulations for their own government and that of the superintendent and teachers and pupils of said schools, and to do any and all acts promotive of the interests of said schools not in conflict with the provisions of this Act or the laws of this State; provided , the schools for whites and colored shall be separate. Powers of board. SEC. IV. Be it further enacted, That the necessary funds for conducting and maintaining said public schools shall be derived as follows: 1. The town council of Summerville is hereby authorized, empowered and required to levy each year a special tax, not to exceed one-half of one per cent. on all the property in said town subject to taxation by said town; to collect said tax and pay the same over to the treasurer of said Board of Education. 2. The town council is hereby empowered and required to pay to the treasurer of said Board of Education all sums collected by the town authorities for licenses of all kinds for special taxes on business of any and all kinds, except liquor tax. 3. The county school commissioner of Chattooga county is hereby empowered and required to pay over to the treasurer of said Board of Education the pro rata share of the State school fund for Chattooga county for each child of school age attending the schools established by said board, upon the presentation by said treasurer of a list of pupils, with the number of days each attended school, certified by the superintendent of said schools. 4. The said Board of Education may require of each pupil a fee not exceeding one dollar per month for such time as said pupil shall attend said schools beyond the public school term during the scholastic year. All sums mentioned in this section, or from any other source derived, shall constitute the public school fund, and shall be used and paid out for the following purposes, to-wit: Payment of salaries of teachers, superintendent, treasurer of the Board of Education; building, purchasing, leasing or renting school-houses; repairing and insuring the same; purchasing school furniture and educational appliances and repairing the same, and for other purposes connected with and for the good of said schools. School revenues. School tax. Proceeds of business licenses, except liquor tax. Pro rata of State school fund. Tuition. Use of school fund. SEC. V. Be it further enacted, That authority is hereby granted to the trustees of the Summerville High School to convey the property, buildings and furniture held by them to said board, said property when so conveyed to be used by said board for school purposes exclusively for the white children of said town, and like authority is granted to the trustees of the present colored school to convey their school property to be used exclusively for school purposes for the colored children. Trustees of high school authorized to convey property to board. Use of. Like authority to trustees of colored school, etc. SEC. VI. Be it further enacted that no member of the Board of Education shall be eligible to the office of superintendent or to the position of teacher in said schools. Said Board of Education shall

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keep regular minutes of its proceedings, and shall furnish, from time to time, to the mayor and council an estimate of the funds required for the maintenance of said schools, and shall make a report annually, on the first Monday in July, of the condition of the public schools, the attendance thereon, the receipts and expenditures for the past school year, with such recommendations as they may deem proper, which report shall be published in the newspaper published in said town; and the superintendent shall make to the State School Commissioner all reports required of superintendents of city or town systems of public schools. Members of board may not be superintendent, etc. Minutes. Estimates and reports. SEC. VII. Be it further enacted, That said Board of Education shall provide separate schools for the white and colored children, which said schools shall be kept open and free during not less than six months nor more than ten months in each year. All children in said town between the ages of six and eighteen years of age, whose parents or guardians are bona fide residents of said town, shall be entitled to attend said schools, the incidental fee having been paid, under such regulations as said board may prescribe. Said board may also admit to said schools the children of parents or guardians not specified above, upon the payment of such reasonable rates of tuition as said board may establish, which sums shall constitute a part of the school fund of said town. Separate schools for the races. To be open and free not less than six months, etc. Pupils. Non-resident pupils, etc. SEC. VIII. Be it further enacted, That the Board of Education of Chattooga county shall not establish any school within the corporate limits of Summerville, nor have any authority over the schools established under this Act in said town. County board not to establish school in the town, etc. SEC. IX. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved September 14, 1891. AUTHORIZING SALE OF PUBLIC SCHOOL LOT IN PERRY, ETC. No. 442. An Act to authorize the Board of Education of Houston county to sell the public school lot in Perry, Ga., to make deed thereto, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That the Board of Education of Houston county is hereby authorized and empowered to sell, for the sum of $75.00, to the Perry Rifles the public school lot in the town of Perry; and said board is hereby authorized and empowered by its chairman and clerk to make a deed to said lot to said Perry Rifles or such persons as may be the trustees of said Perry Rifles, which said deed shall be good and valid title to said lands, and the sum so received for said lot shall be devoted by said board to the educational interest of Houston county. Board of education authorized to sell public school lot. Deed. Use of proceeds. SEC. II. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and are, hereby repealed. Approved September 15, 1891.

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PUBLIC SCHOOLS FOR TOCCOA CITY. No. 458. An Act to establish a system of public schools for the town of Toccoa City, to empower the mayor and council of said town to levy and collect a tax for the support and maintenance thereof; to authorize the county school commissioner of Habersham county to pay over to the Board of Education of said public school such part of the State school fund as may be the just pro rata share of said town, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act there may be established in Toccoa City in this State a system of public schools, to be conducted, maintained, supported and provided for in the manner prescribed in this Act. System of schools to be established, etc. SEC. II. Be it further enacted by the authority aforesaid, That in conformity with article 8, section 4, parapraph 1 of the Constitution, when the mayor and council of Toccoa City shall recommend that a system of public schools to be established and maintained in Toccoa City by carrying into effect this Act, an election shall be held in Toccoa City on the day to be appointed by the mayor and council of said town on the question of local taxation for the support of said system of public schools, and all persons resident in the town of said Toccoa City, who are qualified to vote for members of the General Assembly, shall be entitled to vote in the election herein provided. All voters who favor the adoption of the provisions of this Act shall have written or printed on their ballots for public schools, and those opposed shall have printed or written on their ballots the words against public schools, and in case two-thirds of the qualified voters in said town shall in said election vote for public schools, then it shall be the duty of the mayor and council of Toccoa City annually to raise by taxation a sum sufficient to carry out the purposes of this Act. Notice of said election shall be given by the mayor of said town (in a newspaper published in said town) once a week for two weeks next preceding said election. In case two-thirds of the qualified voters of said town do not vote for public schools in any election held under this Act, an election may be held in said town by order of the mayor and council of said town annually until the provisions of this Act are adopted by the vote of two-thirds for public schools. The managers of each election provided for in this Act shall count the votes and return all the papers to the mayor and council who shall declare the result, certify to the same and publish it one time in a newspaper published in Toccoa City. Before declaring and certifying to the result for publication said mayor and council shall wait until 12 o'clock M. on the day after the election, and if no notice of contest is given by that time no contest shall be had. If notice of contest is given as above allowed, the contest shall be heard by the mayor

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and council who shall hear and determine the same and publish the result as above stated. Election as to schools. School tax. Notice of election. Subsequent elections. Election returns, etc. Contests. SEC. III. Be it further enacted, That in case of two-thirds' majority of the qualified voters of said town in any one of said elections shall vote for public schools, H. M. Payne, Louis Davis, W. J. Hayes, Jeff. Davis, T. A. Copps and W. R. Bruce shall be and constitute the Board of Education of Toccoa City, with the right in them and their successors to take and hold in trust for school purposes in Toccoa City any grant, conveyance or devise of lands, or any donation, gift or bequest of money or other personal property made to them for educational purposes. The terms of said Board of Education shall be as follows: H. M. Payne and Louis Davis shall hold for one year; W. J. Hayes and Jeff. Davis shall hold for two years, and W. R. Bruce and T. A. Copps shall hold for three years. Each member shall hold over after the expiration of his term until his successor is elected and qualified. The elections to fill vacancies on the board occurring annually by expiration of terms shall be held annually on the same day that municipal elections of Toccoa City are held, at the same time, subject to the same regulations and by the same managers as said municipal elections for the election of mayor and council, and those receiving the highest number of votes shall be declared elected. All vacancies, otherwise than by expiration of terms, shall be filled by the remaining members of the board. If from any cause an election is not held on the designated day, the Board of Education shall appoint a day, and give notice thereof in a public gazette once a week for two weeks next preceding the election. All members elected to succeed those whose terms have expired shall be elected for a term of three years and until their successors are elected and qualified, and those selected by the board to fill unexpired terms shall hold for the balance of said unexpired terms. First board of education. Their powers as to property. Terms of office. Vacancies by expiration of terms. Other vacancies. Failure to hold election for members of Board. Terms of office. SEC. IV. Be it further enacted by the authority aforesaid, That said Board of Education shall be a body corporate with the right to sue and be sued, plead and be impleaded in any of the courts of this State. Board a corporation. SEC. V. Be it further enacted by the authority aforesaid, That the Board of Education shall have the power to appoint such principal and such number of assistant teachers as they may deem necessary; to remove any principal or any of the teachers when they consider it to the interest of the school to do so; to fix the salaries of the principal and assistants, and the mode and time of payment; to prescribe the course of studies, and shall adopt such rules and regulations as may be necessary for the successful conduct of said school, and shall have general oversight and management of the schools, and shall do such other acts, not inconsistent with the laws of this State, as may promote the efficiency of the system of education under their charge. Powers of board as to management, etc., of schools. SEC. VI. Be it further enacted by the authority aforesaid, That said board shall organize by electing from their number a president, a vice-president, secretary and treasurer. The secretary and treasurer shall keep a record of all the acts of the board, and keep the

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record thereof open to the inspection of all the citizens of said town. The treasurer shall give bond for the safe keeping and disbursment of the funds in his charge, the amount of the bond and the sufficiency of the security to be judged of by said Board of Education. Said bond shall be made payable to the Board of Education of said town, and said board is authorized to sue thereon to recover for any breach thereof, and any expenses incurred by said Board of Education in carrying out any of the provisions of this Act shall be paid for out of any funds in the treasury of said Board of Education. It shall not be lawful for said secretary and treasurer to pay out any funds except by order of the board. The majority of said board shall constitute a quorum for the transaction of any and all business. Officers of board. Minutes. Bond of treasurer. Expenses of carrying out this Act. Funds to be paid out only on order of the board. Quorum. SEC. VII. Be it further enacted by the authority aforesaid, That the schools established by the authority of this Act shall be free to all children residing within the corporate limits of Toccoa City. Children of non-residents may be admitted to said schools upon such terms as may be prescribed by the said Board of Education. Pupils. Non-residents. SEC. VIII. Be it further enacted by the authority aforesaid, That provisions shall be made under this Act by said board for the education of all children, both white and colored, in said town, but separate schools shall be provided for white and colored children. Separate schools for white and colored children. SEC. IX. Be it further enacted by the authority aforesaid, That the said Board of Education shall make or cause to be made annually a full and complete list of all pupils in attendance upon said public schools who reside in the county of Habersham, and present the same to the county school commissioner of Habersham county; and it shall be his duty to pay over to said Board of Education, or such other person as they may appoint to receive the same, such pro rata part of the public school fund as may be due such public schools in said town. Pro rata, of State School fund. SEC. X. Be it further enacted by the authority aforesaid, That said Board of Education shall determine as early as practicable after the beginning of the scholastic year what amount of money it will be necessary to raise by taxation to defray the expenses of running said public schools for the ensuing year, and shall lay the same before the mayor and council of Toccoa City, and it shall be the duty of said mayor and council to proceed to levy and collect the same; and when collected the collecting officer of said mayor and council shall pay the same over to the Board of Education, which shall then constitute a fund to be expended by said board in payment of teachers and other expenses incidental thereto. School tax. SEC. XI. Be it further enacted by the authority aforesaid, That the Board of Education shall provide a system of graded schools for a term of not less than eight scholastic months in each year. Schools to be graded, etc. SEC. XII. Be it further enacted by the authority aforesaid, That the mayor and council of Toccoa City shall within fifteen days after the notification of the passage of this Act order an election, of which notice shall be given by publication of the time and place in a public gazette published in said town once a week for two weeks next preceding the day of election, at which election

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the qualified voters residing within the corporate limits of said town, as specified in section 2 of this Act, shall be entitled to vote as therein provided. When election shall be ordered under this Act. Notice thereof, etc. SEC. XIII. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act are hereby repealed. Approved September 18, 1891. PUBLIC SCHOOLS FOR JONESBORO. No. 488. An Act to authorize the town of Jonesboro, in Clayton county, Georgia, to establish and maintain a system of public school for said town, and for other purposes. SECTION I. Be it enacted by the General Assembly of Georgia, (the town authorities having so recommended), That the mayor and council of the town of Jonesboro are hereby required to levy and collect a tax annually in addition to that now allowed by law, not to exceed seven and one-half tenths of one per cent. on the taxable property of said town for the purpose of establishing and maintaining a system of public schools for said town, for such length of time in each year as the Board of Trustees hereinafter provided for may determine, and said fund not to be used for any other purpose than that prescribed in this Act. School tax. Use of proceeds. SEC. II. Be it further enacted by the authority aforesaid, That the Board of Trustees shall be appointed (so soon as this Act is approved by the vote of the people as hereinafter provided for, and that fact declared by the proclamation of the mayor) by the judge of the Superior Court of the Stone Mountain Circuit. The board shall consist of nine members, all of whom shall be residents of and tax-payers within the corporate limits of Jonesboro. The members of said board shall be appointed as follows: Three for one year, three for two years and three for three years. All unexpired terms, caused by resignation, removal, death or otherwise, shall be filled by the board at its first regular meeting or at a meeting called for that purpose; but all terms of office shall be filled by the presiding judge for the term of three years; provided , that no one shall be a member of said board that is not twenty-one years old, nor any one that has not resided in said town at least one year, next preceding his election. A majority of the board in office shall constitute a quorum for the transaction of any business. Board of trustees. Terms of office, etc. Qualifications for office. Quorum. SEC. III. Be it further enacted by the authority aforesaid, That said Board of Trustees shall supervise, regulate and make efficient said school system, shall have power to make rules for the government of themselves and the teachers and pupils of said schools; to establish grades therein and prescribe the studies therefor; to elect, employ and fix the salaries and fees of teachers, and provide for the necessary conveniences and appliances of said schools, and to do

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all lawful acts necessary to the proper operation of said school system. And said board is hereby authorized to hold any real estate or personal property that may be purchased by them or given to them for school purposes, or receive any donations or bequests of money that may be given to them for said purposes by any person or corporation, and they shall use the same for the exclusive benefit of said school system. Powers of Board. SEC. IV. Be it further enacted by the authority aforesaid, That said Board of Trustees shall keep a record of all their proceedings; shall elect from their body a president, a secretary and a treasurer. The treasurer shall not hold any other office in or under said board, except that he may be a member of said Board of Trustees. The president of the board shall not receive any compensation for his services. The compensation of the secretary and the treasurer may be fixed from time to time by the Board of Trustees. The treasurer shall give bond with good security in such amount as the Board of Trustees may determine, which bond shall be payable to said board, for the faithful discharge of the duties of said treasurer, and for the safe keeping and disbursement of moneys, securities or other things of value entrusted to his keeping. Minutes. Officers. No compensation for president. Compensation of secretary and treasurer. Bond of treasurer. SEC. V. Be it further enacted by the authority aforesaid, That said board shall have power, and it shall be their duty, to establish under this bill in said town one school for the whites and one school for the blacks, and they shall be separate and distinct. The board shall procure suitable lots and buildings and furnish and equip the same for said schools, and the records of said board shall be open to inspection to the citizens of said town; and they shall make a report annually of their receipts and disbursements on or before the first Monday in January in each year after this Act has gone into operation, and the same shall be published in such public manner as the board may direct. Separate schools for white and colored pupils. Records open to inspection. Reports. SEC. VI. Be it further enacted by the authority aforesaid, The amount of the public school fund of Clayton county to be paid to the city of Jonesboro shall be estimated according to the ratio that the school population of said city of Jonesboro bears to the school population of Clayton county as shown by the latest school census; and the teachers of the public schools of Jonesboro shall make out reports of the attendance of non-resident children entitled to draw the State school fund, and when said reports are passed upon by the county school board and approved by them, the county school commissioner shall pay over to the treasurer of the city school board of Jonesboro its pro rata share for said non-resident pupils, which amount the said school commissioner shall turn over to the treasurer of said board, and such fund shall be applied to the maintenance of said public schools according to the provisions of this Act; and it shall further be the duty of said treasurer to receive from the mayor and council of said town all money raised by them by taxation under this Act or otherwise, to be applied and appropriated under the directions of said board according to the provisions of this Act; and it shall be the duty of said mayor and council to turn over to said treasurer said funds on the

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order of said board; and the treasurer of said board shall also receive the incidental fees and other proceeds of said schools and report the same to the board at each meeting thereof. How pro rata of county school fund to be determined, etc. Funds derived from school tax, etc. SEC. VII. Be it further enacted by the authority aforesaid, That said board may require an incidental fee of every pupil attending said public schools of such an amount as the board may determine, to be paid as said board may direct; and no pupil shall be entitled to the benefit of this Act nor enter or continue in said schools without first complying with the requirements of the board in this regard; and said board may make such difference as may seem equitable and just to the board, between the amount of the incidental fee to be paid by pupils living within and those living without the corporate limits of Jonesboro; provided , that no child be excluded who is entitled to the benefit of the public school fund for the term that the public schools are taught. Incidental fee. No child to be excluded who is entitled to benefit of public school fund. SEC. VIII. Be it further enacted by the authority aforesaid, That all children who reside within the corporate limits shall be entitled to the benefits of this Act, and children who reside without the said corporate limits, may be entitled to attend said schools on such terms as the Board of Trustees may prescribe. Said board may also make a difference in the incidental fee, as between the pupils who reside without the corporate limits of Jonesboro, but within the county of Clayton, and those who reside without the county of Clayton. Pupils. SEC. IX. Be it further enacted by the authority aforesaid, That the public schools and their management shall be under the exclusive control of the said Board of Trustees; and the said board shall have the exclusive power to control all the funds for school purposes that may arise from taxation, from the public school fund as hereinabove provided, from incidental fees, from donations, gifts, grants, from the use of property purchased or given to them for school purposes, and all funds for said public schools arising from any source whatever, with full power to appropriate the same for school purposes as they may see proper from time to time. Schools, management, funds, etc exclusively under control of board. SEC. X. Be it further enacted by the authority aforesaid, That before this Act shall become operative, its adoption shall be submitted to the qualified voters of said town, for which purpose the mayor and council of said town shall order an election, of which thirty days' notice shall be given in a newspaper published in Jonesboro, and such other notice may be given as the mayor and council shall direct which election shall be held under the same rules and regulations, as elections for mayor and council of said town, and the qualification of voters shall be the same. Those in favor of public schools shall have printed or written on their tickets for public schools, and those against public schools shall have printed or written on their tickets against public schools. The managers of said election shall make returns to the mayor and council of said town whose duty it shall be at their first regular meeting thereafter to open the same, declare the result and record the same in a book of their proceedings, and if two thirds of the qualified voters of the said town qualified to vote at said election shall be for public schools,

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the mayor shall, within five days thereafter, make proclamation of the fact, and at the expiration of five days the bill shall become operative and of force, and said mayor and council and said school commissioners shall proceed to carry out their respective duties under the same. Should this bill fail of adoption, said mayor and council may submit the same to another election, after the lapse of twelve months from the first election, on the petition of the tax-payers of Jonesboro; and if it should fail of adoption at the second or any future election, after a lapse of not less than twelve months from any such election, a new election may be had as herein provided for on the petition of ten tax-payers of Jonesboro. Election as to adoption of this Act, etc. Subsequent elections. SEC. XI. Be it further enacted by the authority aforesaid: That all laws and parts of laws militating against this Act be, and the same are, hereby repealed. Approved September 21, 1891. AMENDING ACT AS TO PUBLIC SCHOOLS FOR MARIETTA. No. 500. An Act to amend an Act to create a system of public schools for the city of Marietta, in the county of Cobb, to levy a tax and provide a support for the same; to create a Board of Education and define their powers and duties; to authorize a bonded indebtedness for said city, and other purposes, approved December 29th, 1890. SECTION I. Be it enacted by the General Assembly of Georgia, That section 5 of said original Act be, and it is, hereby repealed, and in lieu thereof the following is enacted, to-wit: All the children between the ages of six and eighteen years, whose parents, guardians, or natural protectors reside within the corporate limits of said city shall be entitled to the benefits of said school. Said board shall also provide for the admission into said schools of persons over eighteen years of age residing in the corporate limits of said city, and of any persons residing out of the corporate limits of said city who may desire to attend said schools; said board providing for said two last classes of persons such rates of tuition as may seem to them reasonable and just, which must be paid before they can enter said schools. Section 5 of Act of December 27, 1890, repealed. New section. Pupils. Non-resident pupils etc. Tuition. SEC. II. Be it further enacted, That section 7 of said original Act be, and it is, hereby amended by striking out the word three after the word exceed and before the word twentieths and inserting therein the word five, so that when said section is amended it will read as follows: That if said election shall be for public schools and bonds, as provided in sections 1 and 2 of the original Act, the mayor and council of the city of Marietta, Georgia, shall levy and collect a tax annually in addition to that now allowed by law not to exceed five-twentieths of one per cent. on all taxable property in said city for the purpose of supporting and maintaining said public schools, and said funds shall not be used for any other

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purposes. The clerk of the council shall pay over said funds to the treasurer of the board, less such commissions as said clerk may be entitled to out of said fund. Section 7 amended. Amount of school tax. SEC. III. Be it further enacted, That all laws in conflict herewith be, and they are, hereby repealed. Approved September 26, 1891. PUBLIC SCHOOLS FOR BUENA VISTA. No. 502. An Act to establish a public school system in the town of Buena Vista, Georgia; to empower the mayor and city council of said town to levy and collect a tax for the support thereof; to provide for issuance of bonds for said town for the purpose of purchasing school property, building school-houses, etc.; to create a Board of School Commissioners for said town; to authorize the county school commissioners of said county to turn over to said school board such part of the State funds as may be the full pro rata share of said town, and for other purposes. SECTION I. The General Assembly of the State of Georgia do enact, That there shall be established in the town of Buena Vista, of Marion county, a system of public schools, to be conducted and maintained as hereinafter prescribed. System of schools to be established, etc. SEC. II. Be it further enacted by the authority aforesaid, That there shall be a Board of School Commissioners for said town, consisting of five members who shall be elected by the municipal authorities of said town at such time as said authorities may deem expedient and best after the passage of this Act for the first election, and all elections thereafter shall be held on the first Monday in April of each year. These terms of office shall be as follows: Two of the members of the first board shall hold office until the first Monday in April after their election, two to hold office until the first Monday in second April after their election, one to hold office until the first Monday in third April after his election, and thereafter their successors shall hold office for the term of three years, unless to fill an unexpired term, or until their successors are elected and qualified. All vacancies in said board from death, resignation, removal from the town or otherwise shall be filled by the mayor and council at the first regular meeting after the vacancy occurs; provided , no person shall be eligible to said board who is not of age and has not resided in said town for twelve months next preceding his election. Board of commissioners. Election. Terms of office. Vacancies. Qualifications for office. SEC. III. Be it further enacted, That before the members of said Board of School Commissioners enter upon their duties as such they shall take and subscribe to the oath required of members of the County Board of Education. Oath of office. SEC. IV. Be it further enacted, That said school board shall keep a record of their proceedings; shall elect from their body a president,

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a secretary and treasurer; said treasurer shall give bond in such amount, with such securities, as said board may require, payable to their body for the faithful discharge of all his duties. Minutes. Officers. Bond of treasurer. SEC. V. Be it further enacted, That said board shall supervise, regulate and make efficient said school system; shall have power to make rules for the government of themselves, the teachers and pupils of said schools, to establish grades therein and prescribe the studies thereof, employ, fix salaries and pay teachers thereof and to provide for the necessary conveniences and appliances of said schools and to do all lawful acts necessary for the proper operation of said school, and authorize to hold and apply any grants or donations of money or property made by any persons or corporations for the benefit of said school. Powers of board. SEC. VI. Be it further enacted, That the said board shall have power, and it shall be their duty, to establish under this bill in said town separate schools for the whites and blacks (and not more than one for each) out of the funds arising from taxation, bonds or otherwise hereinafter provided for, with which they are to procure suitable lots and erect suitable buildings thereon and to furnish and equip the same for said schools and keep a record of said bonds which shall be open for inspection to the citizens of said town. They shall make a report to the mayor and council of said town of their receipts and disbursements at such time or times as said mayor and council may require. Separate schools for white and colored pupils. Buildings, etc. Record of bonds. Reports. SEC. VII. Be it further enacted, That the mayor and council of said town of Buena Vista are hereby authorized to levy and collect annually a tax in addition to that now allowed by law not to exceed one and one-half per cent. on the taxable property of said town for the purpose of establishing and maintaining said school not to exceed ten months in each year, said funds to be used only for the purposes aforesaid. School tax. SEC. VIII. Be it further enacted, That all children between the ages of six and eighteen years, whose parents, guardians, or natural protectors bona fide residing within the corporate limits of said town, shall be entitled to the benefit of said school; provided , that each child after having received the full share of the State public school fund, shall pay a fee not to exceed five dollars for the remainder of said scholastic year or any part thereof that said child may attend. It is provided further , that said Board of School Commissioners may also admit children of like ages into said school whose parents, guardians or natural protectors do not reside within the corporate limits of said town upon the payment of such tuition as they may deem reasonable and proper and that the said board may provide for the admission of pupils of any other age in said school whether residents of said town or not on such terms and rules as to tuition etc., as they may think proper and right. Funds so raised under this section shall be applied to the maintenance of said public school. Pupils. Tuition. Non-resident pupils. Their tuition. Pupils under six or over eighteen years old, etc. SEC. IX. Be it further enacted, That the county school commissioners of Marion county are hereby authorized to pay over to the mayor and aldermen of Buena Vista for the use of said public schools,

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under such rules and regulations as said mayor and aldermen may prescribe, the just and full proportion of the common school funds arising from any and all sources belonging to or due said town, to be by the said mayor and aldermen expended in the establishment and maintenance of said school, as may be authorized by the Constitution and laws of this State. Pro rata of common school funds. SEC. X. Be it further enacted, That before this Act shall become operative it shall be submitted to the qualified voters of said town, for which purpose the mayor and aldermen thereof shall order an election of which thirty days' notice thereof shall be given in the public gazette of said town, which election shall be held under the same rules and regulations as that required for mayor and aldermen, and the qualification of voters shall be the same. Those in favor of public schools shall have written or printed on their tickets for public schools, and those opposed shall have written or printed on their tickets the words against public schools. The managers of said election shall make returns thereof to the mayor and councilmen of said town, who shall on the first opportunity open said returns and declare the result thereof, and if two-thirds of the qualified voters of said town shall be for public schools then the mayor and councilmen shall immediately declare the result and this Act shall take effect immediately. Should this bill fail of adoption the said mayor and councilmen may submit the same to another election under the same rules and regulations of the first, after the expiration of twelve months between said elections; provided , thirty of the qualified voters of said town petition the mayor and aldermen of said town for the same. Election as to adoption of this Act. Subsequent elections. SEC. XI. Be it further enacted, That should the result of said election favor said public school system, the mayor and councilmen of said town shall and they are hereby authorized to issue bonds of said town to be signed by the mayor and recorder thereof for a sum in the aggregate not to exceed ten thousand dollars, and of denomination not less than fifty nor more than one hundred dollars, and to bear interest at the rate of not more than six per cent. per annum and to be known as the Buena Vista School Bonds, payable annually at such time as the mayor and councilmen may direct and as to the amount of each as they may determine, so that the last of said bonds may fall due within thirty years after their issue, and that the mayor and councilmen shall be and are empowered at and before the issuing of said bonds to provide for the assessment and collection of an annual tax sufficient in amount to pay the principal and interest of said bonds as the same may severally fall due; provided , the tax for said purpose shall not exceed for any one year the sum of the principal and interest of said bonds falling due said year. Said bonds shall be turned over to the board of said school commissioners or to their treasurer, as they may order, to be negotiated by them not less than par and without expense to the town, and the proceeds applied to said board to procuring suitable lots and erecting suitable buildings thereon for said public schools, and furnishing and equipping the same as provided for in section 6 of this Act, and for no other purpose. School bonds. Execution, amount, etc. of bonds. Tax to pay bonds. Disposition, negotiation, etc. of bonds.

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SEC. XII. Be it further enacted, That section 11 shall not go into effect nor said bonds be issued until the question of the insurance shall have been submitted to the qualified voters of said town and approved by a majority of the same. Said qualification, time, place and manner of said election, as that prescribed in section 10 of this Act for the establishment of public schools and return of said election, shall be made and declared as in said section 10 and result entered on the books of proceedings; provided , that in case said question shall be decided negatively the mayor and council are authorized to order another election upon the same question after the lapse of twelve months between said elections. The ballots for said election shall have written or printed on them for the issuing of bonds, and those opposing shall have written or printed on their ballots against the issuing of bonds. Election as to issue of bonds. Subsequent election. Questions as to establishment of schools and issue of bonds may be submitted separately, etc. SEC. XIII. Be it further enacted, That the matters embraced in sections 11 and 12 may be submitted to the voters of said town as a separate proposition before or simultaneous with the matters embraced in section 10 of this Act. SEC. XIV. Be it further enacted, That the mayor and councilmen of the town of Buena Vista are hereby empowered to pass any and all ordinances, by-laws, rules and regulations for the carrying out the provisions of this Act in levying and collecting the taxes and issuing and selling the bonds and disbursing the same mentioned in this bill. Ordinances. SEC. XV. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved September 26, 1891. AMENDING ACT AS TO PUBLIC SCHOOLS FOR COVINGTON. No. 504. An Act to amend section 8 of an Act establishing a public school system for Covington, approved September 13, 1887, so as to provide that the amount of the public school fund of Newton county, to be paid to the maintenance of said public school system of Covington, shall be estimated according to the ratio that the school population of said city of Covington bears to the school population of Newton county, as shown by latest school census, 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 8 of an Act establishing a public school system for Covington, approved September 13, 1887, by striking out of said section the words the Board of School Commissioners shall require the teachers of said public schools to make out reports of the attendance of children entitled to draw the State school fund, so that the amount due said city may be estimated, and inserting in lieu thereof the following words, to-wit: The amount of the public school fund of Newton

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county to be paid to the city of Covington shall be estimated according to the ratio that the school population of said city of Covington bears to the school population of Newton county, as shown by the latest school census; and the teachers of the public schools of said city shall make out reports of the attendance of non-resident children entitled to draw the State school fund, and when said reports are passed upon by the County School Board and approved by them, the County School Commissioner shall pay over to the treasurer of the City School Board of Covington its pro rata share for said non-resident pupils, so that said section, when so amended, shall read as follows: That the County School Commissioners of the county of Newton shall pay over to the treasurer of said Board of School Commissioners the pro rata share of the State and county public school fund coming to said city, to be by them expended in the maintenance of said public schools. The amount of the public school fund of Newton county to be paid to the city of Covington shall be estimated according to the ratio that the school population of said city of Covington bears to the school population of Newton county, as shown by the latest school census; and the teachers of the public schools of said city shall make out reports of the attendance of non-resident children entitled to draw the State school fund, and when said reports are passed upon by the County School Board and approved by them, the County School Commissioners shall pay over to the treasurer of the City School Board of Covington its pro rata share for said non-resident pupils. Section 8 of Act of September, 13, 1887 amended. Method of estimating pro rata of county public school fund, 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 September 26, 1891. BONDS FOR SCHOOL BUILDING IN LITHONIA. No. 551. An Act to authorize the mayor and town council of Lithonia, Georgia, to issue bonds, not to exceed the sum of five thousand dollars, for the purpose of building a school building in the town of Lithonia, and for other purposes. SECTION I. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, That the mayor and town council of Lithonia, Georgia, be, and they are, hereby authorized to issue bonds not to exceed in the aggregate five thousand dollars of such denomination as they may determine; to become due and payable at such time or times within twenty years from the date of issue thereof as they may determine, and to bear interest not to exceed eight per cent. per annum. Authority given to issue bonds. Amount, denomination, etc. of bonds. SEC. II. Be it further enacted by the authority aforesaid, That the said mayor and town council of Lithonia, Georgia, be, and they are, hereby authorized to levy, assess and collect a sufficient tax upon the taxable value of the property within the corporate

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limits of said town to fully and promptly pay the interest upon said bonds and the principal thereof at such times as said interest and principal shall become due and payable. Tax to pay bonds. SEC. III. Be it further enacted by the authority aforesaid, That the proceeds arising from the sale of the bonds herein provided for shall be applied by the mayor and town council of Lithonia, Georgia, exclusively to the purpose of providing and equipping a suitable school building for the town of Lithonia upon such grounds as the mayor and town council may desire within the incorporate limits of said town of Lithonia. Proceeds of bonds to be used for school building. SEC. IV. Be it further enacted, That this Act shall not become of force and effect until the same shall have been submitted to a vote of the qualified voters of said town of Lithonia, Georgia, and approved by a two-thirds' vote of the persons qualified to vote, said election to be called by the said mayor and town council of Lithonia, Georgia, under the terms of the law governing such elections. Election as to adoption of this Act. SEC. V. Be it further enacted, That the bonds so issued shall be signed by the mayor and also by the clerk of the town of Lithonia, and shall have affixed the corporate seal of the town. Execution of bonds. SEC. VI. Be it further enacted, That all laws and parts of laws in conflict herewith be, and the same are, hereby repealed. Approved October 5, 1891. PUBLIC SCHOOLS FOR RICHLAND. No. 563. An Act to establish a public school system in the town of Richland, Georgia, to empower the mayor and city council of said town to levy and collect a tax for the support thereof; to provide for issuance of bonds for said town for the purpose of purchasing school property, building school-houses, etc.; to create a Board of School Commissioners for said town, to authorize the county school commissioners of said county to turn over to said school board such part of the State funds as may be the full pro rata share of said town, and for other purposes. SECTION I. The General Assembly of the State of Georgia do enact, That there shall be established in the town of Richland, of Stewart county, a system of public schools, to be conducted and maintained as hereinafter prescribed. School system to be established etc. SEC. II. Be it further enacted by the authority aforesaid, That there shall be a Board of School Commissioners for said town, consisting of five members, who shall be elected by the municipal authorities of said town at such time as said authorities may deem expedient and best after the passage of this Act, for the first election, and all elections thereafter shall be held on the first Monday in April of each year. Their terms of office shall be as follows: Two of the members of the first board shall hold office until the

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first Monday in April after their election, two to hold office until the first Monday in second April after their election, and one to hold office until the first Monday in third April after his election, and thereafter their successors shall hold office for the term of three years, unless to fill an unexpired term, or until their successors are elected and qualified. All vacancies in said board from death, resignation, removal from the town or otherwise, shall be filled by the mayor and council at the first regular meeting after the vacancy occurs; provided , no person shall be eligible to said board who is not of age and has not resided in said town for twelve (12) months next preceding said election. Board of commissioners. Number, election and terms of office. Vacancies. Qualifications for office. SEC. III. Be it further enacted, That before the members of said Board of School Commissioners enter upon their duties as such, they shall take and subscribe to the oath required of members of the County Board of Education. Oath of office. SEC. IV. Be it further enacted, That said school board shall keep a record of their proceedings, shall elect from their body a president, a secretary and treasurer. Said treasurer shall give bond in such amount with such securities as said board may require, payable to their body for the faithful discharge of all his duties. Minutes. Officers. Bond of treasurer. SEC. V. Be it further enacted, That said board shall supervise, regulate and make efficient said school system, shall have power to make rules for the government of themselves, the teachers and pupils of said school, to re-establish grades therein and prescribe the studies thereof, employ, fix salaries and pay teachers thereof, and to provide for the necessary conveniences and appliances of said school, and do all lawful acts necessary for the proper operation of said school, and are authorized to hold and apply any grants or donations of money or property made by any persons or corporations for the benefit of said school. Powers of board. SEC. VI. Be it further enacted, That the said board shall have power, and it shall be their duty to establish, under this Bill, in said town, separate schools for the white and blacks (and not more than one for each), out of the funds arising from taxation, bonds or otherwise hereinafter provided for, with which they are to procure suitable lots and erect suitable buildings thereon, and to furnish and equip the same for said schools, and keep a record of said bonds, which shall be open for inspection to the citizens of said town. They shall make a report to the mayor and council of said town of their receipts and disbursements at such time or times as said mayor and council may require. Separate schools for white and colored children. Buildings, etc. Record and reports. SEC. VII. Be it further enacted, That the mayor and council of said town of Richland are hereby authorized to levy and collect annually a tax, in addition to that now allowed by law, not to exceed one and one-half per cent. on the taxable property of said town, for the purpose of establishing and maintaining said school, not to exceed ten (10) months in each year, said funds to be used only for the purpose aforesaid. School tax. SEC. VIII. Be it further enacted, That all children between the ages of six and eighteen years, whose parents, guardians or natural

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protectors bona fide residing within the corporate limits of said town, shall be entitled to the benfit of said school; provided , that each child, after having received the full share of the State public school fund, shall pay a fee not to exceed five ($5.00) dollars for the remainder of said scholastic year or any part thereof, that said child may attend. It is provided further , that said Board of School Commissioners may also admit children of like ages into said school whose parents, guardians or natural protectors do not reside within the corporate limits of said town upon payment of such tuition as they may deem reasonable and proper, and that the said board may provide for the admission of pupils of any other age in said school, whether residents of said town or not, on such terms and rules as to tuition, etc., as they may think proper and right. Funds so raised under this section shall be applied to the maintenance of said public school. Pupils. Tuition. Non-resident pupils. Their tuition. Pupils under six and over eighteen years old. SEC. IX. Be it further enacted, That the county school commissioners of Stewart county are hereby authorized to pay over to mayor and aldermen of Richland for the use of said public school, under such rules and regulations as said mayor and aldermen may prescribe, the just and full proportion of the common school funds arising from any and all sources belonging to or due said town, to be by the mayor and aldermen expended in the establishment and maintenance of said school, as may be authorized by the Constitution and laws of this State. Pro rata of county school fund. SEC. X. Be it further enacted, That before this Act shall become operative it shall be submitted to the qualified voters of said town for which purpose the mayor and aldermen thereof shall order an election of which thirty (30) days' notice thereof shall be given in the public gazette of said town, which election shall be held under the same rules and regulations as that required for mayor and aldermen and the qualification of voters shall be the same. Those in favor of public schools shall have written or printed on their tickets for public schools, and those opposed shall have written or printed on their tickets the words against public schools. The managers of said election shall make returns thereof to the mayor and councilmen of said town, who shall on the first opportunity open said returns and declare the result thereof, and if two-thirds of the qualified voters of said town, or two-thirds of those voting, shall be for public schools, then the mayor and councilmen shall immediately declare the results, and this Act shall take effect immediately. Should this bill fail of adoption, the said mayor and councilmen may submit the same to another election under the same rules and regulations of the first after the expiration of twelve (12) months between said elections; provided , thirty (30) of the qualified voters of said town petition the mayor and aldermen of said town for the same. Election as to adoption of this Act. Subsequent election. SEC. XI. Be it further enacted, That should the result of said election favor said public school system, the mayor and councilmen of said town shall, and they are hereby authorized to issue bonds of said town to be signed by the mayor and recorder thereof, for a

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sum in the aggregate not to exceed ten thousand dollars and of denominations not less than fifty nor more than one hundred dollars, and to bear interest at the rate of not more than six per cent. per annum, and to be known as the Richland school bonds, payable annually at such times as the mayor and councilmen may direct, and as to the amount of each as they may determine, so that the last of said bonds may fall due within thirty (30) years after their issue, and that the mayor and councilmen shall be, and are, empowered at and before the issuing of said bonds to provide for the assessment and collection of an annual tax sufficient in amount to pay the principal and interest of said bonds as the same may severally fall due; provided , the tax for said purpose shall not exceed for one year the sum of the principal and interest of said bonds falling due said year. Said bonds shall be turned over to the Board of said School Commissioners, or to their treasurer as they may order, to be negotiated by them not less than par, and without expense to the town, and the proceeds applied to said board to procuring suitable lots and erecting suitable buildings thereon for said public schools and furnishing and equipping the same as provided for in section 6 of this Act, and for no other purpose. School bonds. Amount, denomination, etc. Tax to pay bonds. Disposition negotiation etc., of bonds. SEC. XII. Be it further enacted, That section 11 shall not go into effect and said bonds be issued until the question of their issuance shall have been submitted to the qualified voters of said town and approved by two-thirds of the same. Said qualification, time, place and manner of said election, as that prescribed in section 10 of this Act, for the establishment of public schools and return of said election shall be made and declared as in said section 10, and result entered on the books of proceedings; provided , that in case said question shall be decided negatively, the mayor and council are authorized to order another election upon the same question after the lapse of twelve (12) months between said election. The ballots for said election shall have written or printed on them for the issuing of bonds, and those opposing, shall have written or printed on their ballots against the issuing of bonds. Election as to issue of bonds. Subsequent elections. Questions as to establishment of schools and issue of bonds may be submitted separately. SEC. XIII. Be it further enacted, That the matters embraced in sections 11 and 12 may be submitted to the voters of said town as a separate proposition, before or simultaneous with the matters embraced in section 10 of this Act. SEC. XIV. Be it further enacted, That the mayor and councilmen of the town of Richland are hereby empowered to pass any and all ordinances, by-laws, rules and regulations for the carrying out of the provision of this Act, in levying and collecting the taxes and issuing and selling the bonds, and disbursing the same mentioned in this bill. Ordinances etc. SEC. XV. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved October 6, 1891.

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AMENDING ACT AS TO PUBLIC SCHOOLS FOR FORT VALLEY. No. 593. An Act to amend an Act entitled an Act to establish a system of public schools for the city of Fort Valley to authorize and empower the corporate authorities of said city to levy and collect a tax for the support and maintenance thereof; to authorize the county school commissioner of Houston county to pay over to the Board of Commissioners of Public Schools of said city such part of the State school fund as may be the proper pro rata amount on account of the pupils in said public schools, and for other purposes, approved September 29, 1889. SECTION I. Be it enacted by the General Assembly of Georgia, That the above described Act be amended by striking out all of section 6 of said Act, after the words Be it further enacted, and inserting in lieu thereof the following: That the County School Commissioners of Houston county shall pay over to the treasurer of the city council of Fort Valley for the use of the Board of School Commissioners all moneys due out of the State school fund on account of all schools taught in the city of Fort Valley, said money so paid over to the treasurer of the city council to be expended under the direction and control of the said school commissioners of Fort Valley for the purpose of maintaining and supporting the system of public schools provided for in this Act. The said county school commissioners of Houston county shall grant no license to any person to teach a school of any character in said city, nor shall any of the State school fund be paid to any school in said city, other than the public schools herein provided for. All of section 6 of Act of September 29, 1889, after enacting clause, stricken. Pro rata of state school fund to be for use of city schools. County commissioner to license no person to teach in the city. Nor shall any of state fund be paid to school in [Illegible Text] city other than the public schools. SEC. II. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved October 6, 1891. PUBLIC SCHOOLS FOR HOUSTON COUNTY. No. 619. An Act to establish a public school system for the county of Houston, in this State; to provide for the election of a Board of Education for said county; to provide for raising revenue to maintain the schools; to authorize and require the authorities of the State to pay over to the treasurer of said board the pro rata share of the public school funds of this State that Houston county is entitled to; to provide for the election by said board of a superintendent of public schools, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act there shall be established in

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the county of Houston, outside the corporate limits of Fort Valley (two successive grand juries of said county having so recommended), a system of public schools to be conducted, maintained, supported and provided for in the manner hereinafter set forth. Sytem of schools (outside of Fort Valley) to be established etc. SEC. II. Be it further enacted, That the Board of Education of Houston county shall consist of fourteen members, one from each militia district in said county, said board to be elected by the grand jury of Houston county at the April term, 1892, of Houston Superior Court, and to hold their office for four years and until their successors are elected and qualified; that the successors to the first board shall be elected by the grand jury at the spring term of the Superior Court in the year 1896, and a new board shall be chosen at the spring term of said court every fourth year thereafter; that if there should be a vacancy in said board by death, resignation or otherwise, then said vacancy shall be filled by an election by the grand jury at the first term of court after said vacancy occurs; that seven of said board shall codstitute a quorum for the transaction of all business, and each member of said board in attendance shall receive one dollar per diem for each day said board is in session, to be paid out of the education fund of said county; provided , that no member shall receive more than twelve dollars during one year. Board of education. Election and term of office. Vacancies. Quorum. Compensation. SEC. III. Be it further enacted, That the members of said board shall be freeholders; that the officers of said board shall be a president and a superintendent of public schools who shall be ex officio secretary of said board and also treasurer of said board; that said officers shall hold their offices for four years, unless removed for some good reason by said board; that the president shall not receive any compensation other than that received by the other members of said board, but that the superintendent shall receive such salary as said board shall fix. Members of board must be freeholders. Officers of board. Terms of office. Compensation. SEC. IV. Be it further enacted, That the duties of the president shall be to see that the provisions of this Act and all orders and resolutions of the board are faithfully carried out, and to perform such other duties as the board may determine. The duties of the superintendent shall be to faithfully and carefully look after the schools established by said board; to examine applicants for positions of teacher in said schools; to act as secretary of said board and to safely keep and properly and promptly pay out such funds as may come into his hands, as ordered by said board, and to perform such other duties as may be imposed upon him by said board; that the bond of said superintendent shall be for such sum as said board may determine, and shall be for the faithful performance of his duties and for the safe keeping and properly paying out as ordered of all funds that come into his hands belonging to the educational fund of said county. Duties of the president. Of the superintendent. His bond. SEC. V. Be it further enacted, That the duties of said Board of Education shall be to establish in Houston county, outside of the corporate limits of Fort Valley, as many schools as may be absolutely necessary for the educational interests of said county; provided , that separate schools shall be provided for the white children

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and for the colored children; to establish high schools if deemed proper; to provide school-houses by building, renting, purchase or otherwise, and to repair the same if deemed advisable; to employ teachers for the schools established, after an examination by said board, as may be provided; to prescribe the curriculum of all schools; to provide all necessary school furniture and educational appliances when considered best; to fix the salaries of teachers, said salary to be paid in any manner that said board may prescribe; to make and receive and hold titles to all property that said board may acquire by purchase, lease, gift or otherwise; to make such by-laws, rules and regulations for the government of the board and of the schools and for the receiving and paying out of all school funds as they may deem necessary and not in conflict with the laws of this State; and said board shall have all the rights and powers, other than those mentioned, that the county Board of Education in this State now have, and such other rights and powers not mentioned as may be necessary in carrying out the provisions of this Act. Duties and powers of the board. SEC. VI. Be it further enacted, That the funds necessary for establishing, conducting, maintaining and supporting said public schools shall be derived as follows: 1. The Board of Commissioners of Roads and Revenues of said county is hereby authorized, empowered and required to levy each year, after the passage of this Act, a special tax, as the Board of Education of said county may recommend, not to exceed one-half of one per cent. on all the property in said county outside the corporate limits of Fort Valley subject to taxation, which said tax shall be collected by the tax-collector of said county at the same time and in the same manner as he collects the State and county taxes, and said tax-collector shall pay said special tax as he collects it to the Superintendent of Public Schools of said county. 2. The State School Commissioner is hereby authorized and required to pay to the Superintendent of Public Schools of said county the pro rata share of the State public school funds belonging to Houston county, and said superintendent is required to make to the State School Commissioner such reports as he may require. 3. The Board of Education shall require an incidental fee of not more than ($5.00) five dollars per scholastic year, or any part of a scholastic year, to the superintendent, to be paid by each child resident of said county who is engaged in the study of any branch other than spelling, reading, writing, English grammar and arithmetic, or who attends the schools established for a longer term than that fixed by the State School Commissioner for the public school term, or who attends said school when the public school term is not being taught; and said Board of Education is hereby authorized, required and empowered to fix the time or months or days said schools shall be free to those who study only the branches required now to be taught in the public schools of this State; and said board are authorized and empowered to divide said free term in any manner that it deems fit, and require the same taught at such time or times as it considers best, and no child

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shall attend said schools, other than during the free term, until said incidental fee is paid. Revenues of schools. School tax. Pro rata of state school fund. Incidental fee. Division of school term, etc. SEC. VII. Be it further enacted, That the funds received from the sources above enumerated shall constitute the educational fund of Houston county, and shall be in the hands of the superintendent and be paid out on the order of the Board of Education for the purpose of carrying out the objects of this Act. Use of school funds. SEC. VIII. Be it further enacted, That said schools shall be open for not less than six nor more than ten months in each year, and shall be free, both high schools and common schools, except for payment of the incidental fee provided for all children between the ages of six and eighteen years of age whose parents, guardian or natural protector reside within said county and without the limits of Fort Valley, and the children of non-residents and residents of Fort Valley and persons over eighteen years of age may be admitted to said schools upon such terms as said board may prescribe; provided , that the Board of Education shall have the power and authority to indicate the school that any child or children shall attend, and force said child or children to attend said school indicated if deemed advisable; and said board shall have authority to fix a minimum and maximum number of pupils that may or shall attend each or any school, and to close said school at any time when the attendance shall fall below the minimum number; provided , that nothing in this Act shall authorize said board to forbid any child or children of residents of said county, or themselves residents therein, from entering the public schools already established in the city of Fort Valley, in said county, or shall authorize said board to refuse to pay over to the Board of School Commissioners of Fort Valley the pro rata share of the aforesaid educational fund of the county on account of children of said county residing outside Fort Valley that may be taught in said public schools of Fort Valley. Schools to be open not less than six months, etc. Pupils. Non-resident pupils, etc. Board may determine the school a child shall attend. And may fix number of pupils who may attend a school, etc. Proviso as to Fort Valley. SEC. IX. Be it further enacted, That any member of said Board of Education shall for malpractice or malfeasance be removed from office by the grand jury of Houston county. Removal from office. SEC. X. Be it further enacted, That all contracts made by or with said Board of Education shall, on the part of the board, be signed and executed by the president of said board, except the contracts with teachers, which shall be signed by the superintendent. Execution of contracts made by he board. SEC. XI. Be it further enacted, That this Act shall be submitted to an election for approval or disapproval by the qualified voters of Houston county residing outside of the corporate limits of the town of Fort Valley on first Tuesday in January, 1892, or if not on that day, then at any other time before March 1, 1892, as the ordinary of Houston county shall designate and give notice of by publication for twenty days before in all the newspapers published in Houston county. Those voters favoring public schools and this Act shall have printed or written on their ballots for public schools, and those opposing shall have written or printed on their ballots against public schools; that said election shall be held

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in the same form and manner as elections for members of the Legislature of this State are held, except that the consolidated returns shall be made to the ordinary of Houston county, who shall determine the result of said election. If public schools or this Act should be favored by a two-thirds' vote of persons qualified to vote at said election, the ordinary shall so declare in writing, and his declaration shall be published twice in all the newspapers published in said county, and after said publication this Act shall take effect and be of force. Election as to adoption of this Act, etc. SEC. XII. Be it further enacted, That nothing in this Act shall alter or abridge the authority of the Board of Commissioners of Public Schools of Fort Valley or in any way repeal or alter the Act creating said system of public schools of Fort Valley, and the County Board of Education created by this Act is required to pay over to said Board of School Commissioners of Fort Valley the pro rata share of the State public school fund derived from the State School Commissioner that said town of Fort Valley may be entitled to, as shown by the ratio of pupils in the public schools of Fort Valley to the pupils in all the public schools in the county. This Act not to affect public school system of Fort Valley. County board to pay to board of commissioners of Fort Valley pro rata share of State school fund. SEC. XIII. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved October 10, 1891.

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TITLE VIII . LIQUORS. ACTS. Prohibiting Sale of Liquors in Vicinity of Oak Grove Baptist Church. Regulating Sale of Domestic Wines in Effingham County. Prohibiting Sale of Liquors in Vicinity of Abilene Church. Prohibiting Sale of Liquors in Vicinity of Friendship Methodist Episcopal Church. Prohibiting Sale, etc., of Liquors in Vicinity of Mt. Bethel Methodist Church. Prohibiting Sale of Liquors in Vicinity of New Lebanon Baptist Church. Repealing Act Prohibiting Sale of Liquors in Pike County so Far as Relates to Town of Molena. Prohibiting Sale of Liquors in Vicinity of Mount Carmel Church. Prohibiting Sale, etc., of Liquors in Vicinity of Methodist Church in Town of Howard. Prohibiting Sale of Liquors in Vicinity of Macedonia Church. Amending Local Option Liquor Law for Clarke County. Prohibiting Sale, etc., of Liquors in Vicinity of Level Creek Church. Amending Liquor Law for Hart County. Amending Liquor Law for Wayne County. Authorizing Establishment of Dispensary of Liquors in Newton County. Amending Act as to Liquor Licenses in Effingham County. Prescribing Method of Selling Liquors in Emanuel County. PROHIBITING SALE OF LIQUORS IN VICINITY OF OAK GROVE BAPTIST CHURCH. No. 16. An Act to amend an Act to prohibit the sale of spirituous, malt or intoxicating liquors within five miles of certain churches therein mentioned, approved October 25, 1889. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That the above recited Act be, and the same is, hereby amended by adding to section 1 of said bill the words and Oak Grove Baptist Church, in Burgang's district of said county of Laurens. Sale of liquors, in vicinity of Oak Grove Baptist church in Laurens county, prohibited. 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 4, 1890.

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REGULATING SALE OF DOMESTIC WINE IN EFFINGHAM COUNTY No. 29. An Act to regulate the sale of domestic wine in the county of Effingham, and for other purposes, and to provide a penalty for a violation of same, and for other purposes. SECTION I. Be it enacted by the General Assembly of Georgia, That from and after the passage of this Act it shall not be lawful for any person to sell, furnish or exchange any domestic wine in any quantity whatever in the county of Effingham except the manufacturers thereof, who may sell the same subject to the restrictions hereinafter imposed. Sale, etc of domestic wine except by manufacturers, prohibited. SEC. II. Be it further enacted, That it shall not be lawful for any manufacturer or producer of domestic wines in said county to sell, furnish or exchange the same in less quantity than half a gallon at one time; or to sell, furnish or exchange the same except it be of his own manufacture, in any quanitty whatever. How manufacturers may sell, etc. SEC. III. Be it further enacted, That any person who shall violate any of the provisions of this Act shall be guilty of a misdemeanor and upon conviction shall be punished by a fine of five hundred dollars, and in default of the payment of such fine to labor in the chain-gang for twelve months. 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 December 9, 1890. PROHIBITING SALE OF LIQUORS IN VICINITY OF ABILENE CHURCH. No. 55. An Act to prohibit the sale of spirituous, malt or intoxicating liquors within the radius of four miles of Abilene church, Carroll county, Georgia, and to provide a penalty for the same. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act that it shall be unlawful for any person or persons to sell any spirituous, intoxicating or malt liquors within the radius of four miles of Abilene church, Carroll county, Georgia; provided , that the provisions of this Act shall not apply to any person or firm who have paid the State tax to sell by the gallon for the year 1890, or who have license to sell until the expiration of said license. Sale of liquor with in four miles of Abilene church, prohibited. Exceptions. SEC. II. Be it further enacted, That any person or persons violating the provisions of this Act shall be guilty of a misdemeanor and on conviction shall be punished as prescribed in section 4310 of the Code of 1882. Penalty.

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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 December 16, 1890. PROHIBITING SALE OF LIQUORS IN VICINITY OF FRIENDSHIP M. E. CHURCH. No. 78. An Act to prohibit the sale of intoxicating, spirituous or malt liquors, or intoxicating bitters, in any quantity, either by wholesale or retail, within six miles of Friendship Methodist Episcopal chuch, at Donalsonville, in Decatur county, Georgia, and to provide for the punishment of the same. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act it shall be unlawful for any person or persons to manufacture, sell, exchange or furnish, in any quantity, either by wholesale or retail, any spirituous, malt, vinous or other intoxicating liquors, intoxicating bitters or beer, within six miles of Friendship Methodist Episcopal church, at Donalsonville, in Decatur county, Georgia. Sale, etc., of liquors within six miles of Friendship M. E. church, in Decatur county, prohibited. SEC. II. Be it further enacted, That any person or persons who shall violate the provisions of this Act shall be guilty of a misdemeanor, and, on conviction, shall be punished as prescribed in section 4310 of the Code of 1882 of the State of Georgia. Penalty. SEC. III. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 20, 1890. PROHIBITING SALE ETC., OF LIQUORS IN VICINITY OF MOUNT BETHEL METHODIST CHURCH. No. 94. An Act to prohibit the sale, manufacture or delivery of any alcoholic, malt or spirituous liquors within three miles of Mount Bethel Methodist church in Banks county, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act it shall not be lawful for any person or persons to vend, sell, manufacture or exchange any kind of spirituous, malt or other intoxicating liquors in any quantity within three miles of Mount Bethel Methodist church in Banks county, Georgia. Sale, etc., of liquors within three miles of Mt Bethel Methodist church, in Banks conty, prohibited. SEC. II. Be it further enacted, That any person or persons violating the provisions of this Act shall be deemed guilty of a misdemeanor,

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and on conviction shall be punished as prescribed in section 4310 of the Code of Georgia of 1882. Penalty. SEC. III. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 24, 1890. PROHIBITING SALE OF LIQUORS IN VICINITY NEW LEBANON BAPTIST CHURCH. No. 114. An Act to prohibit the sale of spirituous, malt or intoxicating liquors within five miles of New Lebanon Baptist church in Carroll county, Georgia, and to provide a penalty for the violation of the same. SECTION I. Be it enacted by the General Assembly of Georgia, That from and after the passage of this Act it shall be unlawful for any person or persons to sell, barter or exchange any spirituous, malt or intoxicating liquors in any quantity in five miles of New Lebanon Baptist church in Carroll county, Georgia. Sale, etc. of liquor within five miles of New Lebanon Baptist church, in Carroll county, prohibited. SEC. II. Be it further enacted, That any person or persons violating the provision of this Act shall be deemed guilty of a misdemeanor, and upon conviction shall be punished as prescribed in section 4310 of the Code of Georgia. Penalty. SEC. III. Be it further enacted, That all laws in conflict with this Act are hereby repealed. Approved December 24, 1890. REPEALING ACT PROHIBITING SALE OF LIQUORS IN PIKE COUNTY SO FAR AS RELATES TO TOWN OF MOLENA. No. 123. An Act to repeal so much of the Act approved September 18, 1883 to prohibit the sale of alcoholic, spirituous or malt liquors or intoxicating bitters in Pike county so far as the same relates to the town of Molena; to provide that the mayor and council of Molena may regulate the sale of liquors as in this Act prescribed, and for other purposes. SECTION I. Be it enacted by the General Assembly, That the Act which prohibits the sale of alcoholic, spirituous or malt liquors or intoxicating bitters in the county of Pike, approved September 18, 1883, be, and the same is, hereby repealed, so far as the same relates to the town of Molena, in Pike county, to the extent stated in the second section of this Act. Liquor law of Pike county, repealed, so far as relates to town of Molena.

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SEC. II. Be it further enacted, That the mayor and council of Molena shall have the power and authority and control of the sale in Molena of spirituous and malt liquors, wines and cider for medicinal, mechanical and sacramental purposes only; provided , that before said sale shall be authorized, as herein declared, the written consent of a majority of the freeholders of said town of Molena to the same shall first be obtained. Mayor and council of Molena authorized to control sale for certain purposes only. 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. PROHIBITING SALE OF LIQUORS IN VICINITY OF MOUNT CARMEL CHURCH. No. 136. An Act to prohibit the sale of spirituous, vinous or malt liquors within three miles of Mount Carmel church in Crawford county, 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 it shall be unlawful for any person or persons directly or indirectly to sell or barter spirituous, vinous or malt liquors within three miles of Mount Carmel church in Crawford county in this State. Sale, etc., of liquors within three miles of Mt. Carmel church in Crawford county prohibited. SEC. II. Be it further enacted, That any person violating the provisions of the above Act shall be deemed guilty of a misdemeanor and punished as prescribed in section 4310 of the Code. Penalty. SEC. III. Be it further enacted, That all laws or parts of laws in conflict with this Act shall be, and the same are, hereby repealed. Approved December 26, 1890. PROHIBITING SALE, ETC., OF LIQUORS IN VICINITY OF METHODIST CHURCH IN TOWN OF HOWARD. No. 145. An Act to prevent the manufacture or sale of spirituous liquors within three miles of the Methodist church in the town of Howard, Taylor county. SECTION I. Be it enacted by the Senate and House of Representatives of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act there shall not be manufactured nor sold by retail or wholesale as a beverage any spirituous or malt liquors within a radius of three miles from the Methodist church in the town of Howard in Taylor county, and any person or persons so manufacturing or selling

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said spirituous or malt liquors contrary to the provisions of this Act shall be liable to arrest and indictment as in other violations of the penal Code, and upon conviction for the same shall be punished as prescribed in section 4310 of the new Revised Code of 1882; provided , that nothing in said section may be so construed as to prohibit the manufacture or sale of domestic wines. Sale, etc., of liquors within three miles of Methodist church in Howard prohibited. Penalty. SEC. II. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 26, 1890. PROHIBITING SALE OF LIQUORS IN VICINITY OF MACEDONIA CHURCH. No. 188. An Act to prohibit the sale of malt or spirituous liquors within three miles of Macedonia church in Crawford county, and for other purposes. SECTION I. Be it enacted by the General Assembly, and it is hereby enacted by authority of the same, That from and after the passage of this Act it shall be unlawful for any person or persons to sell, directly or indirectly, malt or spirituous liquors within three miles of Macodonia church, in Crawford county, this State. Sale of liquors within three miles of Macedonia church, in Crawford county, prohibited. SEC. II. Be it further enacted, That any person violating the provisions of the above Act shall be deemed guilty of a misdemeanor and punished as prescribed in 4310 of the Code. Penalty. SEC. III. Be it further enacted, That all laws and parts of laws in conflict with the above Act be, and are, hereby repealed. Approved December 27, 1890. AMENDING LOCAL OPTION LIQUOR LAW FOR CLARKE COUNTY. No. 330. An Act to amend an Act entitled an Act to submit to the legal voters of the county of Clarke the question of prohibiting the sale of spirituous, vinous and malt liquors in said county, to give effect to said election, and for other purposes, approved December 16th, 1884, so as to repeal section 4 of said Act, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That section 4 of the above recited Act, which reads as follows: That the provisions of this Act shall not prevent practicing physicians from furnishing liquors themselves to their patients under treatment by them, nor shall this Act prevent any person selling domestic wine made by himself in said county, be, and the same is, hereby repealed. Section 4 of Act of Dec. 16, 1884, repealed.

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SEC. II. Be it further enacted, That nothing in this Act shall be construed to prevent the manufacturer of domestic wine from selling and delivering himself wines of his own manufacture; provided , such wines are not sold in quantities less than one quart and are not drank on the premises where sold. Manufacturers of domestic wine may sell and deliver it in quantities of not less than one quart, etc. SEC. III. Be it enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 26, 1891. PROHIBITING SALE, ETC., OF LIQUORS IN VICINITY OF LEVEL CREEK CHURCH. No. 357. An Act to prohibit the manufacture or sale of spirituous, malt or intoxicating liquors of any kind within four miles of Level Creek Church, near Suwanee, in the county of Gwinnett, State of Georgia, except on the west side, but on said side to the Chattahoochee river, and to provide a penalty for the violation of the same, and for other purposes. SECTION I. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority aforesaid, That from and after the passage of this Act, it shall be unlawful for any person or persons or any corporation to manufacture or sell any (spirituous, malt or intoxicating) liquors of any kind, in any quantity whatever, within four miles of Level Creek church, near Suwanee, in Gwinnett county, Georgia, except on the west side, but on said side to the Chattahoochee river; and the county commissioners of Gwinnett county are prohibited from issuing any license to any person or persons or corporation to sell such liquors within said limits. Sale, etc. of liquors within four miles of Level creek church, in Gwinnett county, prohibited. Except on west side for certain distance. SEC. II. Be it further enacted by the authority aforesaid, That any person or persons or any corporation who shall violate the provisions of this Act shall be guilty of a misdemeanor, and upon conviction thereof shall be punished as prescribed in section 4310 of the Code of the State of Georgia. Penalty. SEC. III. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved September 1, 1891.

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AMENDING LIQUOR LAW FOR HART COUNTY. No. 489. An Act to amend an Act entitled an Act to prohibit the sale of alcoholic, spirituous or malt liquors, or intoxicating bitters in the county of Hart, and for other purposes therein named, approved September 4th, 1883, by repealing section 6 of said Act, and substituting in lieu thereof a system to establish, regulate and maintain an agent in the county of Hart, for the purpose of selling intoxicating liquors for medicinal purposes only, 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 6 of an Act of the General Assembly, approved September 4, 1883, the caption of which is quoted in the foregoing caption, be, and the same is, hereby repealed, and the following substituted in lieu thereof: That it shall be the duty of the grand jury of Hart county, at the first term of the Superior Court of said county held after the passage of this Act, and annually thereafter, to elect, by a majority vote of the members thereof, an agent for the term of one year, whose duty it shall be to keep and sell intoxicating liquors under the rules and regulations hereinafter prescribed; provided , that no practicing physician shall be eligible to said office of agent. Section 6 of Act of September 4, 1883, repealed. New section. Grand jury to elect agent to sell liquors, etc. Physicians not eligible. SEC. II. Be it further enacted, That the compensation of said agent shall be determined as follows, to-wit: The grand jury of Hart county, at the first term of the Superior Court of said county held after the passage of this Act, and annually thereafter shall fix said agent's compensation for the ensuing official year, which shall be a fixed salary, or a certain per cent. of the money arising from the sale of said liquors sold by him as agent as may be determined on by said grand jury; provided , that in no event shall said agent receive more than twenty-five dollars per month for his services. And the grand jury at said term of said court, and annually thereafter shall fix the per cent. that said agent should charge for the liquors to be sold for the ensuing year. Compensation of agent. Charge for liquors. SEC. III. Be it further enacted, That in case a vacancy occurs in said agency during the vacation of the Superior Court of said county, either by death, resignation or otherwise, it shall be the duty of the judge of the Superior Court of said county to appoint in vacation some suitable person to fill said vacancy, until the next meeting of the grand jury of said county, at which time said grand jury shall elect some person to fill the unexpired term; provided , the next regular meeting of said grand jury, after such vacancy has occured, is not the regular time for the annual election of said agent, and it shall be the duty of the clerk of the Superior Court of said county to notify the judge thereof of any vacancy that may occur. Such person so appointed or elected to fill such vacancy before entering upon the duties of his office shall make oath, and give bond as

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required of persons regularly elected to fill the office of agent provided for in this Act. Vacancy in agency. SEC. IV. Be it further enacted, That it shall be the duty of the grand jury of said county, at each regular term of the Superior Court of said county, to investigate the record and standing of said agent, and to report the same in their general presentments. Investigation and report as to record and standing of agent. SEC. V. Be it further enacted, That the agent provided for in this Act shall be commissioned by the judge of the Superior Court of said county. And before entering upon the duties of his office shall give bond for the sum of five hundred dollars, with good security to be approved by the clerk of the Superior Court of said county, payable to the Ordinary of said county, for the faithful performance of his duties, as specified in this Act, which shall be recorded and kept on file in the Ordinary's office of said county, and shall take and subscribe to an oath not to sell, give away or otherwise dispose of, either directly or indirectly, any intoxicating liquors in his possession as agent, except in compliance with this Act. Commission and bond of agent. His oath. SEC. VI. Be it further enacted, That said agent shall keep pure intoxicating liquors, not exceeding the aggregate amount of one hundred gallons, and of such kinds as are needed in the practice of medicine, within the corporate limits of Hartwell, or at same central or convenient point in said county as may be agreed upon by the grand jury, and said place shall not be changed without the consent of the grand jury, and said liquors shall not be kept at more than one place at the same time. Liquors to be kept by agent. Place of sale. SEC. VII. Be it further enacted, That said agent shall not sell, give away or otherwise dispose of, directly or indirectly, any of said liquors, except upon a written certificate of a regular licensed practicing physician of said county, which certificate must state the person for whom and for what disease such certificate is issued, the amount prescribed and the name of the person presenting such certificate and authorized to obtain the liquors prescribed, and said agent shall not sell but once, and not more than one quart on each certificate. How agent may sell. SEC. VIII. Be it further enacted, That said agent shall keep a well bound blank book, properly indexed, in which he shall record each and every certificate received by him by virtue of his office as agent, and shall file and keep on hand each and every certificate after having recorded the same. Record to be kept by agent. SEC. IX. Be it further enacted, That it shall be the duty of said agent at each and every regular term of the Superior Court of said county to deliver said book of record and all certificates received by him since the last preceding regular term of said court to the grand jury of said county, together with a statement of the amount and kind of liquor he had on hand at the last preceding regular term of said court, and the amount, kind and cost of liquors bought and sold since the last preceding term of said court, and the amount and kind on hand at the time said statement is rendered. Record certificates and statement to be delivered to grand jury.

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SEC. X. Be it further enacted, That it shall be unlawful for said agent to allow any person or persons to drink any liquor upon the premises where the same is sold. Drinking on premises where sold unlawful. SEC. XI. Be it further enacted, That in case said agent shall violate any of the provisions of this Act, or shall fail or refuse to pay over to the proper officer, as hereinafter provided, all money or other thing of value arising from the sale of liquors made under the provisions of this Act, his bond shall be forfeited and the full amount thereof recovered and disposed of as hereinafter provided. Violation of this Act, etc., by agent forfeits his bond. SEC. XII. Be it further enacted, That it shall be the duty of the Ordinary of said county, upon receiving knowledge of any violations of the provisions of this Act by the agent acting under the same, to institute suit upon the bond given by such agent, and upon recovery to pay over the same, after deducting necessary expenses, to the county treasurer to be placed by him in the county fund for general purposes. Duty of Ordinary to sue on the bond. Disposition of proceeds. SEC. XIII. Be it further enacted, That all money or other thing of value, in excess of the agent's compensation, arising from the sale of liquors made under the provisions of this Act shall be paid by said agent at each regular term of the Superior Court to the county treasurer to be placed by him in the county fund for general purposes. Disposition of proceeds of sales of liquors. SEC. XIV. Be it further enacted, That the provisions of this Act shall not apply to or prevent the sale of domestic wines in quantities not less than one quart, or for sacramental purposes. This Act not [Illegible Text] apply to domestic wines. SEC. XV. Be it further enacted, That it shall be unlawful for any physician to issue a certificate for any kind of intoxicating liquor, except for strictly medicinal purposes, or to give any person a certificate without examination or reliable information that the person for whom the liquor is desired is really in need of the same as a medicine. It shall also be unlawful for any physician to prescribe more than one quart to the same person at one time. Restrictions as to physician's certificate for obtaining liquors. SEC. XVI. Be it further enacted, That any persan violating any of the provisions of this Act shall be guilty of a misdemeanor, and upon conviction punished as prescribed in section 4310 of the Code of 1882. Penalty. SEC. XVII. Be it further enacted, That said county of Hart shall not be liable for any debt or debts created by said agent, nor for any tax said agent may be subject to for selling intoxicating liquors, but said agent himself shall be individually liable therefor. County not liable for debts of agent or tax for selling liquors. 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 24, 1891.

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AMENDING LIQUOR LAW FOR WAYNE COUNTY. No. 553. An Act to amend an Act approved October 2, 1879, and amended and approved August 20, 1889, so far as the same relates to the county of Wayne; to fix the amount of license for selling or vending spirituous liquors so as to include Jamaica ginger, intoxicating bitters and domestic wines, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act that section 1 and 2 of the above recited Acts be, and the same are, hereby amended as follows, to-wit: That the word ten be inserted in lieu of the word one and before the word thousand, the second from the last word in said section 1 of said Act, so that said section of said Act, as amended, will read as follows: Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act the annual license fee to sell or vend spirituous, intoxicating or malt liquors, Jamaica ginger, intoxicating bitters or domestic wines in any quantity in the county of Wayne shall be ten thousand dollars. Liquor law of Wayne county amended. License to sell fixed at ten thousand dollars. SEC. II. Be it further enacted by the authority aforesaid, That the word ten be inserted in lieu of the word one and before the word thousand, in the sixth line of said section of said Act, and after the last word liquors, of said section of said Act, that the words and the same shall apply to all incorporated towns within the county of Wayne, so that said section of said Act, as amended, will read as follows: Sec. 2. Be it further enacted by the authority aforesaid, That the county authorities of the county of Wayne shall not issue license to any person to sell spirituous intoxicating liquors, Jamaica ginger, intoxicating bitters or domestic wines until the party applying therefor shall have paid to the county treasurer of said county the license fee of ten thousand dollars and shall have given the bond and taken the oath now required by law for retailers of spirituous liquors, and the same shall apply to all incorporated towns within the said county of Wayne. No license to issue save upon payment of ten thousand dollars, etc. This Act applicable to incorporated towns. SEC. IV. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved October 6, 1891.

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AUTHORIZING ESTABLISHMENT OF DISPENSARY OF LIQUORS IN NEWTON COUNTY. No. 595. An Act to authorize the Commissioners of Roads and Revenues in the county of Newton to establish a dispensary where pure liquors can be obtained for medical, scientific, mechanical and sacramental purposes whenever the citizens of said county shall by a majority vote prohibit the sale of spirituous and malt liquors in accordance with the present general local option law. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That whenever the sale of spirituous and malt liquors shall be prohibited in the county of Newton by a vote of a majority of the citizens of the same, the grand jury of said county, at their first session after the result of said election is published, and annually thereafter, shall appoint some proper and discreet person as the agent of the county to sell such spirituous and malt liquors for medicinal, mechanical, scientific and sacramental purposes as the Board of Commissioners of said county provide; and said agent shall give a bond with good security to the ordinary of said county in the sum of two thousand dollars for a faithful compliance with the provisions of this Act and shall take and subscribe to the following oath: I do solemnly swear that I will not sell or otherwise dispose of any spirituous, malt or other intoxicating liquors, directly or indirectly, in any quantities whatever except such as are furnished me by the Board of Commissioners of Newton county, and only for such purposes as are specified in the law regulating the sale of said liquors in Newton county and in accordance with the provisions of said law. When sale of liquors prohibited, grand jury shall appoint agent to sell liquors. Bond and oath of agent. SEC. II. Be it further enacted, That the aforesaid Board of Commissioners shall locate a dispensary in the city of Covington, and shall, from time to time, as the exigencies of the case may demand, furnish said agent a sufficient quantity of pure liquors to be sold by him in accordance with the provisions of this Act. The Board of Commissioners shall fix the price at which said liquors shall be sold, which shall be only such an advance on the original cost of the same as shall cover the estimated expenses of selling the same in accordance with the provisions of this Act. Location of dispensary. County commissioners to furnish liquors to agent. Price at which liquors shall be sold. SEC. III. Be it further enacted, That said agent, appointed as aforesaid, shall have no interest in the proceeds of the sale of said liquors, and for the services performed by him in accordance with the provisions of this Act he shall receive such a salary as said Board of Commissioners shall deem just and equitable. Salary of agent. SEC. IV. Be it further enacted, That said agent shall be required to make to said Board of Commissioners at the end of each month, a report of the liquors sold by him during said month, and shall turn over to them all moneys received by him arising from sale of such liquors during said month. Agent's reports, etc.

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SEC. V. Be it further enacted, That said agent shall keep a book, in which shall be recorded the quantity and kind of liquor sold by him, the price obtained for the same, the name of the purchaser, and the name of the person for whom purchased, and the date of such purchase. Such books shall be kept open for inspection upon the demand of any person; provided , such inspection shall be at such time as not to interfere with the agent in the discharge of his duties, and such books shall be presented by such agent to each grand jury on the first day of their session for their inspection. Record to be kept by him. Open to inspection. Record to be presented to grand jury. SEC. VI. Be it further enacted, That said agent shall sell for cash only, and shall not sell to any intoxicated person, or any person in regard to whom said agent has received a written notice from any member of such person's immediate family not to sell liquor to such person; provided , that in the judgment of said agent such objection is not prompted by malice or other improper motives. Regulations as to sales. SEC. VII. Be it further enacted, That the agent of said dispensary shall sell to no person or persons except in sealed packages, and he shall not keep any broken packages in said dispensary, and whenever any original package is broken, it shall be at once bottled and sealed. Sales must be in sealed packages. No broken packages to be kept. SEC. VIII. Be it further enacted, That the agent shall not suffer any liquor to be drank on the premises, nor shall he suffer any person or persons to loiter in or about the dispensary, nor shall he open the dispensary before sunrise nor keep the dispensary open after sunset, and he shall close the dispensary on Sundays, public holidays, election days and such other days as the said Board of Commissioners shall direct. No liquor to be drank on premises. No loitering. Hours and days for sales. SEC. IX. Be it further enacted, That if said agent shall violate the provisions of this Act, upon conviction thereof he shall be guilty of a misdemeanor, and shall be punished as provided in 4310 of the Code. Penalty for violation of this Act by agent. SEC. X. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and they are, hereby repealed. Approved October 6, 1891. AMENDING ACT AS TO LIQUOR LICENSES IN EFFINGHAM COUNTY. No. 653. An Act to amend an Act entitled an Act to prescribe the method of granting license to sell spirituous liquors in the county of Effingham, and to increase the fee for the same to five thousand dollars, said Act approved August 24, 1881. 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 to prescribe the method of granting license to sell spirituous liquors in the county of Effingham, and to increase the fee for the same to five thousand dollars, said Act approved August 24, 1881, is hereby amended so as to

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change section 4 to section 5 and insert the following as section 4: The words `spirituous or intoxicating liquors', in sections 1 and 3, shall be so construed as to mean and embrace cider, grape juice and any and everything that will produce intoxication, so that, when amended, said Act, shall read as follows: An Act to prescribe the method of granting license to sell spirituous liquors in the county of Effingham, and to increase the fee for the same to five thousand dollars. Section I. The General Assembly of Georgia do enact, That it shall not be lawful for the Ordinary or the Board of Commissioners of Roads and Revenues or other authority of Effingham county to grant license to any person or persons to sell spirituous or intoxicating liquors of any kind, in any quantity, in said county, except upon the written petition of the applicant, stating especially the place at which he desires to sell, and upon which petition shall be indorsed the written consent of a majority of the freeholders living within three miles of the place so designated in such petition. Act of August 24, 1881, amended. By inserting new section. Definition of words spirituous or intoxicating liquors. Act as amended. Sec. II. Be it further enacted by the authority aforesaid, That all applicants for such license, in addition to the foregoing provisions of this Act, shall give the bond and take the oath now required by law for retailing spirituous liquors, and shall pay to the Ordinary or to the Board of Commissioners of Roads and Revenue of other authority, as the case may be, a license fee of five thousand dollars. Sec. III. Be it further enacted, That if any person shall sell spirituous or intoxicating liquors of any kind in said county of Effingham without the license being granted as aforesaid, he shall be guilty of a misdemeanor, and, on conviction, shall be punished as prescribed in section 4565 of the Code of Georgia defining the offence of retailing spirituous liquors without a license and prescribing the penalty therefor. If any Ordinary or Board of Commissioners of said county, or other person entrusted with the power to grant license for the sale of liquors, shall grant license to any person contrary to the provisions and terms of this Act, he or they shall be guilty of a misdemeanor, and shall likewise be punished in the manner prescribed by law for the punishment of persons who retail spirituous liquors without a license. Nothing in this Act prescribing penalties shall be construed to imply that a person retailing liquors without the license prescribed in this section may not be punished as prescribed in section 4565 of the Code without this enactment. Sec. IV. Be it further enacted that the words `spirituous or intoxicating liquors' in sections 1 and 3, shall be so construed as to mean and embrace cider, grape juice and any and everything that will produce intoxication. 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. 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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PRESCRIBING METHOD OF SELLING LIQUORS IN EMANUEL COUNTY. No. 776. An Act to prescribe the mode and way of selling liquors in Emanuel county for medicinal purposes, and to fix a penalty for violation of the same. SECTION I. Be it enacted, That from an after the passage of this Act, upon application made in writing to the Board of Road and Revenue Commissioners of Emanuel county by any physician, apothecary or druggist, said board may license not more than three who may be either physicians, apothecaries or druggists, no two of which shall be in the same militia district, to sell spirituous, malt or vinous liquors for medicinal purposes, as hereinafter provided. That said applicant shall subscribe to an oath to faithfully carry out the provisions of this Act. After giving bond with good security in the sum of one thousand dollars to comply with the provisions of this Act, said affidavit and bond shall be recorded in the book of minutes kept by said Board of Commissioners in this office. County commissioners authorized to license three persons to sell liquors for medical purposes. Oath and bond of applicants. SEC. II. Be it further enacted, That any of said sellers, to-wit: physician, apothecary or druggist having license to keep and sell such liquors as are by this Act provided, shall not sell the same to any person unless the person applying for same shall make and sign an affidavit that said liquors are needed by the applicant for medicinal purposes and will not be used as a beverage, which affidavit shall be made before said licensed seller, who is hereby authorized to administer the same. Said affidavit shall be made or recorded in a book by said licensed seller kept by him for that purpose, which book shall be by said licensed seller on the first day of each term of the Superior Court laid before the grand jury of said county to be examined by them, and shall be sworn to by said licensed seller as being true and correct; and, that if the grand jury find that such licensed seller has not conformed to the spirit and intention of this Act, he shall be indicted for a misdemeanor, and on conviction be punished as prescribed in section 4310 of the Code of the State, and shall also be indicted for perjury, and on conviction be punished as the law directs. Said book of affidavits shall be open at any time for inspection of any officer or citizen of said county. The amount sold by said licensed seller shall not be more than one-half gallon at one time. Regulations as to sales. Penalty for violation of Act by seller, etc. Not more than half gallon to be sold at one time. SEC. III. Be it further enacted, That no licensed seller as aforesaid shall allow any person to drink any liquors sold by him at his place of business, nor shall he sell the same to any minor, insane person or to an intoxicated person, even though they shall make or offer to make the affidavit as before mentioned, nor shall he sell the same to any intemperate person of whose intemperate habits he is aware of or may be informed by others, even though he may make or offer to make the affidavit aforesaid; and should any licensed

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seller as aforesaid violate any of the provisions of this Act, the breach of his bond shall subject such licensed seller to an action on same, and the recovery thereon shall be for the whole amount of the bond, to be paid by the Board of Commissioners when collected to the county school commissioner, and paid out by him as part of the common school fund. The Board of Commissioners as aforesaid shall not license any physician, apothecary or druggist to sell liquors as herein prescribed longer than one year, and at any time upon the recommendation of the grand jury said boards shall refuse to grant any further license to the particular licensed seller or sellers referred to by said grand jury. Liquors not to be drank on premises. Nor sold to minors, intoxicated or insane persons. Nor to intemperate persons. Violation of any provision of this Act a breach of seller's bond, etc. Disposition of proceeds of suit on bond. License to sale not to be far more than a year, etc. SEC. IV. Be it further enacted, That it shall be the duty of said licensed sellers as aforesaid to lay before said Board of Commissioners at each of their monthly meetings said book of affidavit and it shall be the duty of the board to inspect and examine and book of affidavits in such way and at such times as they may think best, and also inspect and test such liquors as are kept by such licensed sellers and to forbid the sale of such liquors as in their opinion are not of such quality and purity as should be sold by such sellers, for the purposes authorized by this Act, and to fix the maximum percentage that may be charged on all liquors sold by said sellers. All licensed sellers as aforesaid shall file with said board, under oath, duplicate bills for purchase of all liquors allowed sold, and it shall be the duty of said board to examine such bills and also to examine such licensed sellers under oath as to all matters connected with their business as such sellers. They shall have power, after notice and opportunity of hearing, to revoke the license of any of said sellers as aforesaid, and forbid his selling liquors as aforesaid in the county of Emanuel, whenever in the opinion of said board he is not conforming in good faith to all the provisions of this Act. [Illegible Text] [Illegible Text] [Illegible Text] [Illegible Text] by county commisioners, etc. [Illegible Text] Examinations of bills etc. License [Illegible Text] [Illegible Text] [Illegible Text] SEC. V. Be it further enacted, That nothing in this Act shall be held as repealing any of the local laws of Emanuel county or of this State, except for the purposes alone of carrying out the purposes and designs of this Act. This Act not to affect others, save to carry out the purposes of this Act. SEC. VI. Be it further enacted, That any person who shall be guilty of violating any of the provisions of this Act shall be held and deemed guilty of a misdemeanor, and upon conviction thereof, shall be punished us prescribed in section 4310 of the Code of Georgia of 1882. Penalty for violations of this Act. 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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TITLE IX . MISCELLANEOUS. ACTS. Exempting from Jury Duty Certain Members of the Macon Hussars. Exempting from County Taxation Certain Bonds of Clarke County. Incorporating Clark University for Police Purposes. Extending Corporate Limits of Camp Ground Church. Authorizing Exercise of Police Powers by Lessees of Indian Spring Reserve. Removal of Obstructions from Streams in Banks County. Exempting from Jury Duty Certain Members of the Oglethorpe Infantry. Authorizing Payment for Printing Grand Jury Presentments Richmond County. General Index Records in Office Clerk Superior Court of Bibb County. Prohibiting Sale of Seed Cotton in Jefferson County During Certain Months. Extending Time for Driving Cattle Across Certain Lines in White County. Forbidding Bathing in Ocmulgee River Within Certain Distance of Riverside Cemetery. Legalizing Business Transacted by Magistrates of the 1425th District G. M. Bartow County. Purchase of Georgia Reports for Office Clerk Superior Court Wilkes County. Bonds for Building County Jail for Early County. Requiring Judicial Sales in Richmond County to Be Made at Court-house. Removal of Obstructions from Streams in Jackson County, etc. EXEMPTING FROM JURY DUTY CERTAIN MEMBERS OF THE MACON HUSSARS. No. 140. An Act to exempt from jury duty certain members of the Macon Hussars, Troop A, First Battalion Georgia Calvary. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That forty (40) members of the Macon Hussars, Troop A, a volunteer calvary organization of the city of Macon and attached to the First Battalion Georgia Calvary, be, and the same are, hereby exempted from jury duty. Forty members Macon Hussars exempted from jury duty. SEC. II. Be it further enacted by authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 26, 1890.

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EXEMPTING FROM COUNTY TAXATION CERTAIN BONDS OF CLARKE COUNTY. No. 147. An Act to amend an Act approved November 11, 1889, providing for the funding of the bonded debt of Clarke county, Georgia, by providing that the bonds named in said Act of November, 1889, shall be exempt from all taxation by the county of Clarke. SECTION I. Be it enacted by the General Assembly of the State of of Georgia, That an Act of the General Assembly of the State of Georgia approved November 11, 1889, which was an Act to provide for the funding of the bonded debt of Clarke county, to authorize the proper county authorities to issue new bonds in lieu thereof, the same not to bear more than five per cent. interest, and for other purposes be, and said Act is, hereby amended as follows, by adding at the close of section 2 of said recited Act the following words: The bonds provided for by this section shall be exempt from any and all taxation by said county of Clarke, so that said section 2, when amended, shall read as follows: That the said commissioners shall cause to be printed bonds of the denomination of five hundred dollars each, bearing interest not to exceed five (5) per cent. per annum payable semi-annually, and the bonds due fifteen (15) years after date, with option in the county of Clarke to call any or all of them in and pay them off at any time after the expiration of ten years from their date. The total amount of bonds so issued shall not exceed the sum of the present bonded debt of said county, and the proceeds arising from the sale of said bonds shall be applied solely to paying off and retiring the existing bonded indebtedness of said county of Clarke. The bonds shall have coupons attached representing the semi-annual installments of interest, and the bonds shall be signed by the ordinary of the county and the coupons by the county treasurer. The bonds provided for by this section shall be exempted from any and all taxation by the county of Clarke. Section 2 of Act of November 11, 1889, amended. By exempting bonds from county taxation. Section as amended. SEC. II. Be it further enacted, That all laws in conflict with this Act be, and the same are, hereby repealed. Approved December 26, 1890. INCORPORATING CLARK UNIVERSITY FOR POLICE PURPOSES. No. 154. An Act to incorporate the Clark University in Fulton county for police purposes. SECTION I. Be it enacted by the General Assembly, and it is hereby enacted by the authority of same, That from and after the passage of this Act, the Trustees or Directors of the Clark University be, and they are, hereby incorporated and empowered with police authority over the university grounds and enclosure. Trustees incorporated with police authority over University grounds and enclosures.

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SEC. II. Be it further enacted by the authority of the same, That such trustees or directors may designate an officer or officers to carry out the purposes of this Act, and such officer or officers shall be vested with authority to make arrests for disorderly conduct or for such acts of violence or misbehavior as are punishable by the laws of the State. Trustees may designate officers to carry out this Act. Who may arrest for disorderly conduct, etc. SEC. III. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 26, 1890. EXTENDING CORPORATE LIMITS OF CAMP GROUND CHURCH. No. 228. An Act to amend an Act to incorporate Camp Ground church, commonly known as Warm Springs Camp Ground in the second district of Meriwether county, approved December 24, 1836, so as to extend the corporate limits of said Camp Ground to a radius of one mile from the stand, and for other purposes. SECTION I. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That the above recited Act be, and the same is, hereby amended by adding thereto a new section to be known as section 4, which shall read as follows: Section 4. Be it further enacted, That the corporate limits of said Camp Ground church shall extend to and embrace a radius of one mile from the stand, and said Board of Trustees are hereby vested with police powers over the territory included within said radius. Act of December 24, 1836, amended by adding new section. Corporate limits extended to a radius of one mile. SEC. II. Be it further enacted, That section 4 of said Act, approved December 24, 1836, be changed to section 5. Section 4 of Act changed to section 5. 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. AUTHORIZING EXERCISE OF POLICE POWERS BY LESSEES OF INDIAN SPRING RESERVE. No. 248. An Act to confer upon the lessees of the Indian Spring Reserve, in the town of McIntosh, county of Butts, the authority to appoint a marshal to exercise police powers upon and within limits of said reserve, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That after the passage of this Act the lessees of the Indian Spring Reserve, in the town of McIntosh, Butts county, shall have authority to appoint a marshal whose duty shall be to arrest any person or persons

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found upon or within limits of said reserve guilty of disorderly conduct or who shall use any obscene, profane or vulgar language, or who shall sell any malt, beer, wine or other alcoholic liquors, or who shall be found upon premises of said reserve in a state of intoxication. Lessees given authority to appoint marshal. Offences for which arrests may be made. SEC. II. Be it further enacted, That said marshal be authorized to turn over to the municipal authorities of said town of McIntosh, any person or persons arrested who may commit offences that come within the jurisdiction of said municipal authorities, and authority is hereby conferred upon the municipal authorities of the town of McIntosh to try and punish such offenders, and to the authorities of Butts county any person or persons arrested who commit offences that come within the jurisdiction exercised by said county authorities to be dealt with as the law directs in each case. Trial and punishment of offenders. 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. REMOVAL OF OBSTRUCTIONS FROM STREAMS IN BANKS COUNTY, ETC. No. 364. An Act to provide for the removal of obstructions of all kinds, other than dams used for operating mills or machinery of any kind, from the rivers, creeks and other running streams in Banks county; to compel the owners of the lands in said county through which such streams may flow to remove said obstructions or provide in what manner the same may be removed when such land owners neglect or refuse to remove such obstruction and to provide compensation therefor; to provide for the drainage of the lands in said county through which such streams flow, and for the extension of drains or ditches through the lands of another and to provide for payment of all damages which may be sustained by such land owners through whose land such drains or ditches shall be cut or extended, 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 land owners in Banks county, Georgia, shall, during the months of July, August, September and October, in each and every year, remove from the running streams of water upon their respective lands all obstructions, including trash, trees, timber, rafts and any other obstruction except dams erected for the purpose of running machinery, which are excepted from the operations of this Act. Land owners required to remove obstructions from streams. Except dams for running machinery. SEC. II. Be it further enacted by the authority aforesaid, That should any land owners in said county of Banks fail or refuse to remove the obstructions, as provided in the first section of this Act, by the first day of November in each year, then, and in that event, it shall be lawful for any adjoining land owners, after first giving

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said land owner so failing or refusing to comply with this Act ten days' notice of his intentions to do so, to enter upon the lands of the owner so failing or refusing and to remove such obstructions or have the same removed, and that the owner of such land shall be liable to pay to the party removing or having such obstructions removed reasonable compensation for such labor, for which he shall have a lien on all the property of the party so refusing, to rank as and to be enforced as other laborer's liens are now enforced under the law. Should land owners fail or refuse, adjoining land owners may. And receive compensation for doing so. Lien given. SEC. III. Be it further enacted by the authority aforesaid, That whenever a running stream is the dividing line between two land owners, and either of said owners shall fail or refuse to join the other in removing the obstructions, as provided in the first section of this Act, or shall fail or refuse to remove them from his half of said stream, then it shall be lawful for the other, after giving the notice required in the second section of this Act, to enter and remove or have removed such obstructions, and for one-half of which he shall be entitled to reasonable compensation, to be collected as provided in the second section of this Act. Provisions where stream is dividing line between land owners. SEC. IV. Be it further enacted by the authority aforesaid, That whenever any owner of any land in said county of Banks shall cut or dig any ditch or drain to the line of an adjoining land owner, and it shall be necessary to extend such ditch or drain through the lands of such adjoining land owner to a proper outlet in order to drain his lands, and such adjoining land owner refuses to extend such ditch or drain or allow the same to be extended through his or her lands, then, and in that event, it shall be lawful for the party desiring to extend such ditches or drains to extend the same through the lands of such land owner to a proper outlet at his own expense, and if the lands of such land owner shall be injured or decreased in value by reason of such ditches or drains, then the party so injured shall receive reasonable compensation from the party so draining for the injury done. Method for extending drain ditch through adjoining lands. Compensation for injury to lands, etc. SEC. V. Be it further enacted by the authority aforesaid, That the provisions of this Act requiring the removal of obstructions from running streams shall not apply to such streams as form the county lines of said county of Banks. This Act not to apply to streams which form county lines. SEC. VI. Be it further enacted by the authority aforesaid, That this Act shall not become operative and of force until the first day of July, 1892. Nor to become operative until July 1, 1892. SEC. VII. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved September 1, 1891.

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EXEMPTING FROM JURY DUTY CERTAIN MEMBERS OF THE OGLETHORPE INFANTRY. No. 371. An Act to exempt from jury duty certain members of the Oglethorpe Infantry. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That fifty members of the Oglethorpe Infantry, a military company of Augusta, now attached to the Second Battalion of Georgia Volunteers, are exempted from jury duty, and a list of such members certified to by the captain of said company and filed in the office of the Clerk of the Superior Court of said county shall be prima facie evidence of such membership. Fifty members exempted from jury duty. List to be filled in office clerk superior court. SEC. II. Be it further enacted, That all laws in conflict with this Act are hereby repealed. Approved September 3, 1891. AUTHORIZING PAYMENT FOR PRINTING GRAND JURY PRESENTMENTS RICHMOND COUNTY. No. 411. An Act to authorize the payment of certain bills incurred for publishing the general presentments of the grand jury of Richmond county. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That the treasurer of Richmond county is hereby authorized and directed to pay out of the county treasury the bills incurred for the publication of the general presentments of the grand jury of Richmond county at the April term of the Superior Court, 1889; provided, however , that said bills shall first be recommended for payment by the grand jury of the county and certified to by the judge as other court expenses. Authority given to pay from county treasury for printing presentments at April term, 1889. If grand jury so recommend, etc. SEC. II. Be it further enacted, That all laws in conflict with this Act are hereby repealed. Approved September 11, 1891. GENERAL INDEX RECORDS IN OFFICE CLERK SUPERIOR COURT OF BIBB COUNTY. No. 497. An Act to authorize and require the county commissioners of Bibb county to have prepared a general index to certain records in the office of the Clerk of the Superior Court of said county, to provide for paying 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 authority of the same, That

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it shall be the duty of the County Board of Commissioners for Bibb county to have prepared a suitable and convenient general index, upon such plan of index as they may adopt, to all the records of mortgages and deeds to real estate in the office of the Clerk of the Superior Court of said county, said index to be kept in said office for the use of all persons desiring to examine said records of real estate, deeds and mortgages. Duty of county commissioners to have index prepared, etc. SEC. II. Be it further enacted by the authority aforesaid, That said County Board of Commissioners, in contracting to have said index prepared, shall adopt such course as, in their judgment, will best secure a faithful and accurate performance of the work, and at the least practicable expense to the county, said work to be paid for out of the county treasury, upon the order of said county commissioners. Contracts to be in discretion by commissioners to secure best work at least expense. County to pay for work. SEC. III. Be it further enacted by the authority aforesaid, That when said index shall be completed as herein provided, it shall be the duty of the Clerk of the Superior Court of said county to keep the same up to date ever afterwards. When index completed duty of clerk to keep it up to date. SEC. IV. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved September 26, 1891. PROHIBITING SALE OF SEED COTTON IN JEFFERSON COUNTY DURING CERTAIN MONTHS. No. 514. An Act to prohibit the sale of seed cotton in the county of Jefferson from the fifteenth of August to the twenty-fourth of December, and to provide a penalty for the violation of the same. SECTION I. Be it enacted by the General Assembly of Georgia, and [Illegible Text] is hereby enacted by the authority of the same, That from and after the passage of this Act it shall be unlawful to sell, buy or otherwise traffic in seed cotton in the county of Jefferson between the 15th of August and the 24th of December of each year; provided , the provisions of this Act shall not apply to landlords or tenants who have the written consent of landlords to sell such seed cotton, nor to seed cotton sold under judicial process. Sales, etc., seed cotton between August 15 and December 24, prohibited. Act not to apply to landlords, or tenants who sell with written consent of landlords, etc. SEC. II. Be it further enacted by the authority aforesaid, That any person or persons violating the provisions of this Act shall be guilty of a misdemeanor and punished as prescribed in section 4310 of the Code of this State. Penalty. SEC. III. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved October 14, 1891.

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EXTENDING TIME FOR DRIVING CATTLE ACROSS CERTAIN LINES IN WHITE COUNTY. No. 527. An Act to extend the time for driving cattle across certain lines in White county to the first day of May, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act the time for driving cattle across certain lines in White county be, and the same is, hereby extended to the first day of May. Time for driving cattle extended to May 1. 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 1, 1891. FORBIDDING BATHING IN OCMULGEE RIVER WITHIN CERTAIN DISTANCE OF RIVERSIDE CEMETERY. No. 541. An Act to prevent persons bathing in the Ocmulgee river within certain distance of Riverside Cemetery, in the county of Bibb, to provide a penalty therefor, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That any person who shall bathe in the Ocmulgee river or other water adjacent to Riverside Cemetery, in the county of Bibb, or expose his naked body in view of said cemetery, shall be guilty of a misdemeanor, and upon conviction thereof shall be punished as prescribed in section 4581 of the Code. Bathing in river or other water was [Illegible Text] Reverside cemetery, etc. forbidden [Illegible Text]. 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 5, 1891. LEGALIZING BUSINESS TRANSACTED BY MAGISTRATES OF THE 1425TH DISTRICT G. M. No. 546. An Act to legalize all official business transacted by the justice of the peace and notary public in Emerson District No. 1425 G. M., in Bartow county, Georgia, since the foundation of said district by the county commissioners of Bartow county. Whereas, By a clerical error, when the special Act was passed creating a Board of County Commissioners for Bartow county, the authority to create and define new militia districts was not transferred from the Ordinary to the Commissioners of Roads and Revenues of said county, and under a misapprehension of their powers

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the Commissioners of Roads and Revenues did create the Emerson District 1425 G. M., and a justice of the peace and notary public were duly commissioned therefor; Preamble. SECTION I. Be it enacted by the General Assembly, That all the acts of said justice of the peace and notary public of said militia district since its formation be declared legal and of effect. Acts of magistrates of 1425th district, G. M. since its formation declared legal. 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 5, 1891. PURCHASE OF GEORGIA REPORTS FOR OFFICE CLERK SUPERIOR COURT WILKES COUNTY. No. 574. An Act to authorize and require the Judge of the County Court of Wilkes county to purchase such volumes of the Georgia Supreme Court Reports as are missing between volumes one and eighty-five as are necessary to make a complete set of said reports for the clerk's office of said county. SECTION I. Be it enacted by the Senate and House of Representatives of Georgia, That the County Judge of Wilkes county is hereby authorized and required to purchase such volumes of the Georgia Supreme Court Reports as are missing between volumes one and eighty-five as are necessary to make a complete set of said reports for the clerk's office of said county. County judge required to purchase certain volumes of Georgia Reports for clerk's office. SEC. II. Be it further enacted that all conflicting laws are hereby repealed. Approved October 6, 1891. BONDS FOR BUILDING COUNTY JAIL FOR EARLY COUNTY. No. 580. An Act to authorize the Board of Commissioners of Roads and Revenues for the county of Early to issue bonds for said county not to exceed ($10,000.00) ten thousand dollars, and to levy a tax upon said county for the payment of the same; said bonds to be issued for the purpose of building a new county jail for said county. SECTION I. Be it enacted by the General Assembly of Georgia, That from and after the passage of this Act the Board of Commissioners of Roads and Revenues for the county of Early shall be authorized and empowered to issue in their discretion, for the purpose of building a new county jail for said county, coupon bonds not to exceed ten thousand dollars ($10,000.00) and bearing interest at the rates of six per cent. per annum, said bonds to be such denomination as said board may deem proper and shall bear date on the first day of January, 1892, and draw interest from the time. One-tenth of

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said bonds shall be made payable on the first day of January, 1895; one-tenth upon the first day of January, 1896; one-tenth upon the first day of January, 1897; one-tenth upon the first day of January, 1898; one-tenth upon the first day of January, 1899; one-tenth upon the first day of January, 1900; one-tenth upon the first day of January, 1901; one-tenth upon the first day of January, 1902; one-tenth upon the first day of January, 1903; and one-tenth upon the first day of January, 1904; so that all the principal and interest upon said bonds shall be paid by the last named date. Said Board of Commissioners shall have authority to levy a special tax upon said county for the payment of the principal and interest of said bonds as aforesaid. The tax-collector of said county shall collect said tax and turn over the same to the treasurer of said county, to be held by him subject to the order of said Board of Commissioners. The said tax-collector and treasurer shall be allowed one-half commissions on all taxes collected under this Act. Board of commissioners authorized to issue bonds to build jail. Amount, rate of interest, etc., of bonds. Tax to pay bonds. Collection and disposition of proceeds of tax. Commissions of tax collector and treasurer. SEC. II. Be it further enacted, That all laws and parts of laws in conflict with this Act are hereby repealed. Approved October 6, 1891. REQUIRING JUDICIAL SALES IN RICHMOND COUNTY TO BE MADE AT COURT-HOUSE. No. 627. An Act to repeal an Act entitled, an Act to alter and amend the eighty-third (83) section of the Judiciary Act passed 9th February, 1797, and to amend the Judiciary Act passed 16th of February, 1799, Clayton's Digest, 531, and to require all sheriffs' or other judicial sales in the county of Richmond to be made at the courthouse of the county, instead of the market house in the city of Augusta. SECTION I. Be it enacted by the General Assembly, That from and after the passage of this Act, an Act entitled an Act to alter and amend the (83) eighty-third section of the Judiciary Act passed 9th February, 1797 and to amend the Judiciary passed February 16th, 1799, Clayton's Digest, 531, be, and the same is, hereby repealed, and That from and after the passage of this Act, all sales to be made by the sheriff or coronor of property taken under execution, as well as all other judicial sales in the county of Richmond, shall be at the court-house of the said county instead of at the market house in the city of Augusta, as have been made since the passage of the said Act of December 12th, 1809. Judicial sales in Richmond county to be made at courthouse. 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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REMOVAL OF OBSTRUCTIONS FROM STREAMS IN JACKSON COUNTY, ETC. No. 655. An Act to provide for the removal of obstructions of all kinds other than dams used for operating mills or machinery of any kind from the rivers, creeks and other running streams in Jackson county to compel the owners of the lands of said county in which such streams may flow to remove said obstructions, or provide in what manner the same may be removed when such land-owners neglect or refuse to remove such obstrctions and provide compensation therefor; to provide for the drainage of the lands in said county through which such streams flow and the extension of drains or ditches through the lands of another; and to provide for the payment of all damages which may be sustained by such land owners through whose lands such drains or ditches shall be cut or extended, and for other purposes. SECTION I. Be it enacted by the General Assembly of Georgia, From and after the passage of this Act all land-owners in Jackson county, Georgia, shall, during the months of July and August in each and every year, remove from the running streams of water upon their respective lands all obstructions, including trash, trees, timber, rafts and any other obstructions except dams erected for the purpose of running machinery, which are excepted from the operation of this Act. Land owners required to remove obstructions from streams. Except dams for running machinery. SEC. II. Be it further enacted by the authority aforesaid, That should any land-owner in said county of Jackson fail or refuse to remove the obstructions as provided in the first section of this Act, by the first day of September in each year, then and in that event it shall be lawful for any adjoining land-owner, after first giving said land-owner so failing or refusing to comply with this Act ten days, notice of his intention to do so, to enter upon the lands of the owner so failing or refusing to do so, and to remove such obstructions, or have the same removed, and that the owner of such land shall be liable to pay the party removing or having such obstructions removed reasonable compensation for such labor, for which he shall have a lien on all the property of the party so refusing, to rank as and to be in force as other laborers' liens are now in force under the law. Should land owners fail or refuse, adjoining land owner may remove obstructions. And have compensation and lien sherefor. SEC. III. Be it further enacted by the authority aforesaid, That whenever a running stream is the dividing line between two land-owners and either of said owners shall fail or refuse to join the other in removing the obstruction as provided in the first section of this Act or shall fail or refuse to remove them from his half of said stream, then it shall be lawful for the other, after giving the notice required in the second section of this Act, to enter and remove or have removed such obstructions, and for one-half of which he shall be entitled to reasonable compensation to be collected as provided in the second section of this Act. When stream is dividing line between land owners.

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SEC. IV. Be it further enacted by authority aforesaid, That whenever any owner of any land in said county of Jackson shall cut or dig any ditch or drain to the line of an adjoining land-owner, and it shall be necessary to extend such ditch or drain through the lands of such an adjoining land-owner to a proper outlet in order to drain his lands, and such adjoining land-owner refuses to extend such ditch or drain or to allow the same to be extended through his or her lands, then, and in that event, it shall be lawful for the parties desiring to extend such ditches or drains to extend the same through the lands of such adjoining land-owner to a proper outlet, at his own expense, and if the lands of such land-owner shall be injured or decreased in value by reason of such ditches or drains, then the party so injured shall receive reasonable compensation from the party so draining for the injury done; the amount of injury done to be determined by three disinterested freeholders appointed by the ordinary of said county. Provisions for extending drainage ditch through land of another. Compensation to be paid. SEC. V. Be it further enacted by the authority aforesaid, That the provisions of this Act requiring the removal of obstructions from running streams shall not apply to such streams as form in the county lines of said county of Jackson. This Act not applicable to streams forming county lines. SEC. VI. Be it further enacted by the authority aforesaid, That this Act shall not become operative and of force until the first day of July, 1892. Act not to be operative until July 1, 1892. SEC. VII. Be it further enacted by authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved October 14, 1891.

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INDEX TO VOLUME II. Part V. BANKS, BUILDING, LOAN AND TRUST COMPANIES American Loan and Banking Company, name changed 52 American Trust and Banking Company, charter amended 89 Americus Savings Bank incorporated 35 Americus Savings Bank incorporated 396 Athens Savings Bank, charter amended 315 Atlanta Guarantee Savings Bank incorporated 108 Atlanta Investment and Banking Company 131 Atlanta Piedmont Bank incorporated 99 Atlanta Savings Bank incorporated 145 Atlanta Trust and Guarantee Company 408 Augusta Banking and Loan Associoation 120 Bank of Albany incorporated 17 Bank of Bainbridge incorporated 12 Bank of Commerce incorporated 385 Bank of Demorest incorporated 279 Bank of Helena incorporated 180 Bank of Jug Tavern incorporated 234 Bank of LaGrange incorporated 164 Bank of Louisville, Georgia, incorporated 331 Bank of Monroe incorporated 197 Bank of Monticello incorporated 156 Bank of Oglethorpe incorporated 126 Bank of Randolph incorporated [Illegible Text] Bank of Richland incorporated 158 Bank of Rockdale incorporated 399 Bank of Smithville, charter amended [Illegible Text] Bank of Social Circle incorporated [Illegible Text] Bank of Stateshoro incorporated [Illegible Text] Bank of Sumter incorporated [Illegible Text] Bank of Thomson incorporated 201 Blackshear Bank incorporated [Illegible Text] Capital City Bank, charter amended [Illegible Text] Capital City Land and Improvement and Banking Company, charter amended 143 Carrollton Bank incorporated 123 Chatham Dime Savings Bank, name changed [Illegible Text] Citizens' Banking and Trust Company of Thomasville, charter amended 227 Citizens' Bank of Savannah, charter amended [Illegible Text] Citizens' Bank of Valdosta incorporated [Illegible Text] Clark Banking Company incorporated [Illegible Text] Clegg Banking and Savings Company incorporated 391 Columbus Investment Company, banking powers conferred on [Illegible Text] Commercial Bank of Macon incorporated [Illegible Text] Commercial Travelers' Savings Bank incorporated [Illegible Text] Continental Bank and Trust Company incorporated 92 Cotton Mills Bank, name changed [Illegible Text] Ellijay Loan and Banking Company incorporated [Illegible Text]

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Empire State Bank incorporated 368 English-American Loan and Trust Company incorporated 104 Excelsior Bank of Savannah incorporated 209 Exchange Bank incorporated 68 Exchange Bank of Albany, Georgia, incorporated 76 Exchange Bank of Athens, charter amended 244 Exchange Bank of Forsyth incorporated 351 Exchange Bank of Macon, charter amended 129 Fairburn Banking Company incorporated 292 Farmers' and Merchants' Bank incorporated 403 Farmers' and Merchants' Bank of Georgia incorporated 298 Farmers' Banking Company, charter amended 173 Flovilla Banking Company incorporated 47 Fulton Loan and Banking Company, charter amended [Illegible Text] Georgia Banking and Loan Company of Atlanta, Georgia, incorporated 300 Georgia Savings Bank incorporated 378 Georgia Savings Bank of Atlanta incorporated 85 Germania Savings Bank, charter amended 66 Glynn Title and Loan Company incorporated 323 Hall County Alliance Warehouse and Banking Company incorporated 270 Home Bank of Atlanta, Georgia, incorporated 373 Home Loan and Banking Company of Atlanta, charter amended 296 Irsh-American Dime Savings Bank incorporated 304 Jackson Banking Company, charter amended 314 Jackson Savings and Banking Company incorporated 228 Jefferson Banking Company incorporated 214 Jefferson Street Bank incorporated 281 Maddox-Rucker Banking Company incorporated 223 Marietta Trust and Banking Company incorporated 273 Maysville Bank incorporated 70 Mechanics' and Planters' Bank of Georgia incorporated 28 Mercantile Bank incorporated 357 Merchants' and Farmers' Bank, charter amended 394 Merchants' and Farmers' Bank of Americus, State of Georgia, incorporated 405 Merchants' and Farmers' Bank of Boston incorporated 290 Merchants' and Farmers' Bank of Quitman, charter amended 285 Merchants' and Farmers' Bank of Quitman incorporated 114 Merchants' and Farmers' Savings Bank incorporated 320 Merchants' and Mechanics' Banking and Loan Company, charter amended 112 Merchants' and Miners' Bank incorporated 20 Middle Georgia Bank incorporated 33 Milledgeville Banking Company, charter amended 313 Mutual Building, Loan and Land Association incorporated 382 Neal Loan and Banking Company, charter amended 119 New England City Loan and Banking Company incorporated 148 New South Savings Bank incorporated 150 Northeastern Banking Company incorporated 220 Northeast Georgia Loan and Banking Company incorporated 317 People's Banking Company incorporated 170 People's Bank of Talbotton, Georgia, incorporated 42 People's Savings Bank and Trust Company incorporated 249 Piedmont Loan and Banking Company, charter amended 104 Planters' Bank of Americus incorporated 387 Progress Loan, Improvement and Manufacturing Company, charter amended 72 Reynolds Exchange Bank incorporated 343 Rome Savings and Trust Company incorporated 245 Savannah Savings Bank and Mortgage Company incorporated 57 Savannah Savings Bank and Mortgage Company, name changed 269 Savings Bank of Griffin, charter amended 155 Security Bank incorporated 328 Shellman Banking Company incorporated 30 Shipp Banking Company incorporated 389

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Singleton Banking Company incorporated 175 Southern Exchange Bank, charter amended 316 Southern Exchange Bank incorporated 80 South Georgia Bank of Waycross, charter amended 395 State Savings Association, charter amended 395 Sumter County Alliance Co-operative Association, banking powers conferred on 139 Talbot Banking, Loan and Investment Company incorporated 419 Talbotton Loan and Investment Company incorporated 38 The Bank of Calhoun incorporated 192 The Bank of Cocbran incorporated 239 The Bank of Commerce incorporated 338 The Bank of Tifton incorporated 361 The Bank of Waynesboro incorporated 53 The Citizens' Banking and Trust Company incorporated 187 The Economical Banking Company incorporated 354 The Georgia Savings Bank incorporated 215 The Merchants' Exchange Bank and Trust Company incorporated 160 The Woodbury Banking Company incorporated [Illegible Text] Thomason Banking Company of Madison, Georgia, incorporated 264 Title Guarantee and Loan Company of Savannah, charter amended 330 Toccoa Banking Company, charter amended 297 Union Savings Bank, charter amended 91 Washington Guaranty and Loan Company incorporated 306 Washington Loan and Banking Company incorporated 259

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Part VI.Local Laws. A ABILENE CHURCH Sale of liquors in vicinity of prohibited 1055 ACREE Charter amended [Illegible Text] Town of incorporated 428 ADEL Charter of amended 809 ALAPAHA Charter of amended [Illegible Text] ALBANY Charter of amended 431 Jackson street, straightening of authorized 433 Public schools for 1000 AMERICUS Corporate limits of extended 644 APPLING COUNTY County court abolished [Illegible Text] Registration law for amended 974 , 982 ARABI Town of incorporated 758 ARLINGTON New charter for 867 ASHBURN Town of incorporated 625 ATHENS Charter of amended as to improvement of streets, etc 442 Charter of amended as to sewers 435 Dispensary of liquors in 436 ATLANTA Advancement of causes to which city a party provided for 456 Alabama street, opening of authorized, etc 458 Charter of amended as to fees of marshal, clerk, etc [Illegible Text] Charter of amended as to opening streets, etc 446 Charter of amended as to paving by street railroad companies, etc 457 Charter of amended as to tax receivers and assessors, etc 446 Charter of amended as to temporary loans, etc 454 Charter of amended as to transfer of bills and executions for paving, etc 448 Criminal court of established, etc 935 AUGUSTA County convicts, working on streets of 996 Lower market house, tearing down authorized, etc [Illegible Text] Mayor and councilmen ineligible, for period of one term, to re-election 459 Mayor or councilmen, person holding other office ineligible for [Illegible Text] Police commissioners, Acts as to amended 462 , [Illegible Text] Recorder's court, clerk of 464 Registration of voters in 462 Sheriff, fees of for collection, etc., tax fi. fas [Illegible Text] Sinking fund, Act as to amended 460 Sinking fund, Acts as to repealed 463

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B BAINBRIDGE Corporate limits extended 467 Nuisances, removal of, etc 470 Ordinances of, penalties for violating 467 Sewerage and drainage for 468 Streets of, opening, etc 469 BALDWIN COUNTY New registration law for 977 BANKS COUNTY Removal of obstructions from streams in 1073 BARTOW COUNTY Business transacted by magistrates in 1425 District G. M. legalized 1077 County commissioners, Act creating amended [Illegible Text] BIBB COUNTY Cemeteries in, laying out roads, etc., through prohibited 999 Records of office clerk Superior Court, general idex of [Illegible Text] Registration law for [Illegible Text] BISHOP Town of incorporated [Illegible Text] BLAKELY Charter of amended 774 BLUE RIDGE Charter of amended [Illegible Text] , 854 BOSTON Public schools for [Illegible Text] BOWERSVILLE Charter of amended [Illegible Text] BROOKS COUNTY Compensation county commissioners [Illegible Text] BRYAN COUNTY Board of Commissioners abolished [Illegible Text] BUENA VISTA Public schools for [Illegible Text] Water-works for [Illegible Text] BUFORD Charter of amended [Illegible Text] BURKE COUNTY Hunting or fishing upon lands of another, in certain districts of, prohibited [Illegible Text] BUTTS COUNTY Solicitor for county court 950 C CALHOUN Public schools for 1005 CAMILLA Charter of amended [Illegible Text] CAMPBELL COUNTY Registration law for repealed 994 CAMP GROUND CHURCH Corporate limits extended 1072 CARROLL COUNTY Clerk county commissioners authorized to administer oaths, etc [Illegible Text] CARROLLTON Additional ad valorem tax authorized 471 Corporate limits extended 472 New charter of 474 Water-works for 472

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CECIL Town of incorporated 595 CEMENT Town of incorporated 865 CHATTOOGA COUNTY Hunting, etc., prohibited during certain months 955 Registration law for 984 CHICK AMAUGA City of incorporated 749 CLARKE COUNTY Bonds of exempted from county taxation 1071 Local option liquor law for amended 1059 CLARKESVILLE Charter amended 489 New charter of 484 CLARKE UNIVERSITY CLINCH COUNTY Act creating county commissioners amended 903 COFFEE COUNTY Hunting or fishing on lands of another in prohibited 958 COLUMBUS Commissioners of commons authorized to donate land to Board of Trade, etc. 523 Commissioners of commons authorized to donate land to Library Association, etc. 522 New charter of 489 CONYERS Charter of amended 693 CORNELIA Charter of amended 663 COVINGTON Public school Act amended 1043 CULVERTON Town of incorporated 821 CUSSETA Town of reincorporated 810 D DADE COUNTY Road law amended 997 DALLAS Amending charter of 851 DALTON School bonds of 525 Terms of mayor and councilmen changed 524 Water commissioners for 524 DAWSON Charter of amended 526 Water supply, pretection of 527 DECATUR COUNTY Acts as to commissioners revised, etc. 926 DEKALB COUNTY County commissioners, Acts as to amended 905 , 930 County treasurer, compensation of 929 DEMOREST City of incorporated 843

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DENNARD Town of incorporated 862 DEXTER Town of incorporated 685 DOOLY COUNTY Registration law amended 986 DOUGHERTY COUNTY County commissioners, salary of 911 Terms, appointment, etc. 925 DOUGLASVILLE New charter for 701 DUBLIN Authorized to grant use of Main street to certain railroads 841 E EARLY COUNTY Jail, bonds for building 1078 EAST POINT New charter for 736 EAST ROME Charter of amended 600 EATONTON Charter of amended 900 ECHOLS COUNTY Registration law for 983 EFFINGHAM COUNTY Domestic wines, sale of in, regulated 1055 Hunting, etc., upon land of another in prohibited [Illegible Text] Liquor licenses, Act as to amended 1066 ELBERTON School building, bonds for 1010 Tax for street purposes 529 Water-works and electric lights for 530 ELKO Town of incorporated [Illegible Text] ELLIJAY Charter of amended [Illegible Text] EMANUEL COUNTY Sale of liquor in, method of prescribed [Illegible Text] EMORY COLLEGE Charter of amended [Illegible Text] F FLOVILLA Charter of amended 544 Now charter for 533 FLOYD COUNTY Game law for 960 Registration law amended 965 FORRESTVILLE Charter amended, name changed, etc. [Illegible Text] FORSYTH Issue of bonds by, Act as to amended 816 FORT VALLEY Public school Act amended 1049 Water-works and sewers for 644 FRIENDSHIP M. E. CHURCH Sale of liquor in vicinity of prohibited 1056

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FULTON COUTY Registration law amended 969 Tax-receiver, bond of 929 Treasurer, salary of fixed 923 G GENEVA Charter of amended 850 GLYNN COUNTY Protection of game in 954 GRIFFIN Exchange of property for street purposes 684 H HAHIRA Town of incorporated 819 HALL COUNTY City court of established 939 HAMPTON Town of reincorporated 710 HANCOCK COUNTY Game law for 959 HAPEVILLE City of incorporated 783 HARLEM Charter of amended 624 HARMONY GROVE Charter of amended 601 HARRISONVILLE Charter of amended 655 HART COUNTY Liquor law amended 1061 HAWKINSVILLE Charter of amended 893 Public schools for 1020 HAZLEHURST Town of incorporated 689 HELENA City of incorporated 634 HENRY COUNTY Judge county court, grand jury authorized to fix salary of 950 HIRAM Town of incorporated 847 HOSCHTON Town of incorporated 797 HOUSTON COUNTY Public schools for 1049 HOWARD Sale, etc., of liquors in vicinity of Methodist church in town of prohibited 1058 I INDIAN SPRING RESERVE Lessees of authorizod to exercise police powers 1072 IRWIN COUNTY County commissioners, Act as to 907

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J JACKSON COUNTY Removal of obstructions from streams in 1080 JASPER COUNTY Registration law for amended 993 JEFFERSON COUNTY Registration law for 978 Seed cotton, sale during certain months prohibited 1076 JESUP Charter of amended 852 JONESBORO Public schools for 1036 K KEYSVILLE Town of incorporated 657 KITE Town of incorporated 755 L LAGRANGE Streets, condemnation of property for 546 Tax for support of government 549 Water-works and electric lights for 547 LAKE PARK Town of incorporated 659 LAURENS COUNTY County Court abolished 933 Registration law amended 962 , 992 LEARY Town of incorporated 761 LEE COUNTY Registration law amended 989 LEVEL CREEK CHURCH Prohibiting sale, etc., of liquors in vicinity of 1060 LIBERTY COUNTY County commissioners, compensation increased 912 Registration law for 987 Sheriff, bond of 912 LITHONIA New charter for 602 School building, bonds for 1044 LOVEJOY Town of incorporated 806 LOWNDES COUNTY Compensation of county commissioners 928 LUMPKIN COUNTY Board of Commissioners created 914 LYERLY Town of incorporated [Illegible Text] M MACEDONIA CHURCH Sale, etc., liquors in vicinity of prohibited 1059

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MACON City court, Act creating amended 947 Corporate limits extended 563 Marriages, births and deaths, register of 554 Mayor and aldermen, term of office, etc. 550 Sewerage and drainage bonds, payment of, etc. 555 Sewerage of, issue of bonds authorized, etc. 558 Streets, improvement of, Act as to repealed 553 Streets, parking, paving and sewering, certain Acts as to repealed 552 Water-works, issue of bonds for authorized, etc. 566 MACON HUSSARS Certain number of members exempted from jury duty 1070 MADISON New charter for 827 MANCHESTER City of incorporated 826 MARIETTA Public library for 897 Public school Act amended 1039 Public schools for 1014 MARSHALLVILLE Public schools for 1018 MARTIN Town of incorporated 734 MCRAE Corporate limits extended 859 METCALF Charter of amended 623 MILAN Town of incorporated 894 MILLEDGEVILLE Charter of amended 888 MITCHELL COUNTY Hunting on unenclosed lands of another prohibited 957 MOLENA Liquor law of Pike county repealed so far as relates to 1057 MONROE COUNTY Treasurer, office of created 932 MORGAN COUNTY County commissioners, election of 913 Registration law for amended 994 MONTGOMERY COUNTY Registration law for 975 MORGANTON Charter of amended 842 MOULTRIE Charter of amended 577 Town of incorporated 575 MOUNT AIRY Charter of amended 794 MOUNT BETHEL METHODIST CHURCH Sale, etc., of liquors in vicinity of prohibited 1056 MOUNT CARMEL CHURCH Sale of liquors in vicinity of prohibited 1058 MOUNT VERNON Town of incorporated 848

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N NELSON Town of incorporated [Illegible Text] NEW ENGLAND CITY Town of incorporated 632 NEW LEBANON BAPTIST CHURCH Sale of liquors in vicinity of prohibited 1057 NEWTON COUNTY County commissioners, compensation of 910 Dispensary of liquors in 1065 O OAK GROVE BAPTIST CHURCH Sale of liquors in vicinity of prohibited 1054 OGLETHORPE Public schools for 1012 OGLETHORPE INFANTRY Certain number of members exempted from jury duty 1075 OMAHA Town of incorporated [Illegible Text] P PEARSON Town of incorporated 647 PENDERGRASS Town of incorporated 681 PERRY Public school lot, sale of authorized 1032 Water-works, bonds for 879 PIEDMONT Town of incorporated 883 PIERCE COUNTY New registration law for 972 Q QUITMAN Charter of amended 619 QUITMAN COUNTY Registration law for [Illegible Text] R RHINE Town of incorporated [Illegible Text] RICHLAND Charter of amended 578 Public schools for 1045 Water-works for 579 RICHMOND COUNTY Grand jury presentments, payment for printing [Illegible Text] Judicial sales to be at court-house 1079 Riverside cemetery, bathing, etc., within certain distance of prohibited 1077 ROBERTA Town of incorporated 617

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ROCKMART Ad valorem tax for authorized 842 ROCKY MOUNT Town of incorporated 857 ROME Bonded debt, settiement of 581 Corporate limits extended 583 Levee commission created for, etc 585 Recorder, charter amended as to 584 Recorder, office of created 582 ROYSTON Town of reincorporated [Illegible Text] S SASSER Town of incorporated 649 SAVANNAH Street working in 591 Veto power given mayor 590 Western limits, portion of changed and defined 592 SCHLEY COUNTY Game law for 958 SEVILLE Town of incorporated 630 SHARPSBURG Charter of amended 889 SPARTA Public schools of, Act as to amended 1003 SPRINGVALE Town of incorporated 889 STELLAVILLE Town of incorporated 753 STONE MOUNTAIN Charter of amended 613 New charter for 764 SUMMERVILLE Public schools for 1030 SWAINSBORO Charter of amended [Illegible Text] SYCAMORE Town of incorporated 817 T TALLOT COUNTY Registration law for [Illegible Text] TATTNALL COUNTY County court abolished 934 TELFAIR COUNTY Hunting, etc., on lands of another, Act as to repealed 956 TENNILLE Charter of amended 597 TERRELL COUNTY County court officers, Act as to amended 934 TIFTON City of incorporated 669

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TOCCOA CITY Public schools for [Illegible Text] TOWNS COUNTY Board of Commissioners created [Illegible Text] TRENTON Charter of amended [Illegible Text] TRION Charter of amended [Illegible Text] TROUP COUNTY Protection of game, Act as to amended, etc [Illegible Text] TURIN Town of incorporated [Illegible Text] TYBEE Charter of amended [Illegible Text] U UNADILLA Town of incorporated [Illegible Text] UPSON COUNTY Fishing, save with hook and line, or set line (except in Flint river), prohibited 959 Public school system 1007 W WADLEY Charter of amended 853 WARE COUNTY Board of Commissioners created 918 WARESBORO North line of changed 823 WASHINGTON Authorizing academy building, etc., to be turned over to Board of Education 1027 Authorizing seminary building, etc., to be turned over to Board of Education 1026 Public schools for 1027 WATKINSVILLE Town of reincorporated 720 WAYCROSS Charter of amended 617 WAYNE COUNTY County solicitor, Act creating amended [Illegible Text] Liquor law amended [Illegible Text] WEST END Charter of amended 881 WHITE COUNTY Board of Commissioners created 916 Driving cattle in, time for extended 1077 WHITEHALL Town of incorporated 885 WHITE PLAINS New charter for 593 WILCOX COUNTY Solicitor county court, office created 952 WILKES COUNTY Georgia Reports, purchase of for office clerk Superior Court 1078 WILLACOOCHEE Charter of amended 825

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WORTH COUNTY Killing deer, etc., in prohibited 957 Registration law amended 964 Registration law repealed 993 Seining in prohibited 956 Z ZEBULON New charter for 610