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 18940000 English

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ACTS AND RESOLUTIONS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA. 1894. 18940000 COMPILED AND PUBLISHED BY AUTHORITY. ATLANTA, GA.: GEO. W. HARRISON, State Printer. (The Franklin Printing and Publishing Co.) 1895.

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

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TABLE OF TITLES . Part I.Public Laws. TITLE I.APPROPRIATIONS. TITLE II.TAXES AND PUBLIC DEBT. TITLE III.CONSTITUTION. TITLE IV.CODE AMENDMENTS. TITLE V.SUPERIOR COURTS. TITLE VI.EDUCATION. TITLE VII.RAILROADS AND OTHER CORPORATIONS. TITLE VIII.MISCELLANEOUS. Part II.Corporations. TITLE I.RAILWAY COMPANIES. TITLE II.BANKS. Part III.Local Laws. TITLE I.MUNICIPAL CORPORATIONS. TITLE II.COUNTY OFFICERS. TITLE III.COUNTY AND CITY COURTS. TITLE IV.REGISTRATION. TITLE V.EDUCATION. TITLE VI.MISCELLANEOUS. Part IV.Private Laws. Part V.Resolutions.

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STATUTES OF GEORGIA PASSED BY THE GENERAL ASSEMBLY OF 1894. Part I.Public Laws. TITLE I.APPROPRIATIONS. TITLE II.TAXES AND PUBLIC DEBT. TITLE III.CONSTITUTION. TITLE IV.CODE AMENDMENTS. TITLE V.SUPERIOR COURTS. TITLE VI.EDUCATION. TITLE VII.RAILROADS AND OTHER CORPORATIONS. TITLE VIII.MISCELLANEOUS.

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TITLE I. APPROPRIATIONS. ACTS. For the Support of Government, etc., 1895 and 1896. Pensions to Soldiers failing to receive same for 1891. Pensions to Soldier's Widows failing to receive same for 1893. FOR THE SUPPORT OF GOVERNMENT, ETC., 1895 AND 1896. No. 150. An Act to make appropriations for the ordinary expenses of the Executive, Judicial, and Legislative Departments of the Government, payment of the public debt and the interest thereon, and for the support of the public institutions and educational interests of the State for each of the fiscal years 1895 and 1896, 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 following sums of money be, and the same are, hereby appropriated on account of the Executive Department of the Government for each of the fiscal years 1895 and 1896, to the persons, and for the purposes respectively hereinafter mentioned and set forth, viz.: Salaries. Executive Department. For salary of the Governor of the State, three thousand dollars. Governor. For salary of the Secretary of State, two thousand dollars. Secretary State. For salary of the Treasurer of State, two thousand dollars. Treasurer.

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For salary of the Comptroller-General of State, two thousand dollars. Comp. General. For salary of the Attorney-General of State, two thousand dollars. Attorney General. For salary of Special Attorney Western and Atlantic Railroad, two thousand dollars. Special Atty. W. A. R. R. For salary of the Commissioner of Agriculture, two thousand dollars. Comr. Agriculture. For salary of the Principal Keeper of the Penitentiary, two thousand dollars. Prin. Keeper Penty. For salary of the Assistant Keeper of the Penitentiary, twelve hundred dollars. Assistant Keeper. For salary of the Principal Physician of the Penitentiary, two thousand dollars. Principal Physician Penit'y. For salaries of the Railroad Commissioners, each two thousand five hundred dollars. R. R. Comrs. For salary of the Clerk of the Railroad Commission, fifteen hundred dollars. Clerk R. R. Commission. For salary of the State School Commissioner, two thousand dollars. State School Comr. For salary of the State Librarian, eighteen hundred dollars. State Librarian. For salary of the Assistant Librarian, eight hundred dollars. Asst. Librarian. For salary of the Resident Physician of the Asylum, twenty-five hundred dollars. Resident Physician Asylum. For salaries of the Secretaries and Clerks of the Executive Office, six thousand dollars. Secretaries and Clerks Executive Dept. For salary of Clerk of Secretary of State, one thousand dollars. Clerk Secty State. For salary of Clerk of Treasurer of State, sixteen hundred dollars. Clerk Treasurer. For salaries of Clerks in the Comptroller-General's office, including the Insurance Department and Clerk in the Wild Land office, four thousand dollars. Clerks Comptroller General. For salary of Clerk of Commissioner of Agriculture, twelve hundred dollars. Clerk Comr. Agriculture. For salary of the Clerk of the State School Commissioner, twelve hundred dollars. Clerk State School Comr. For salary of Clerk of State Bank Examiner, Act of 1891, twelve hundred dollars. Clerk State Bank Examiner. For services of the Stenographer of Attorney-General, Act of 1891, six hundred dollars. Stenographer Attorney General. SEC. II. Be it further enacted by the authority aforesaid, That the following sums of money be, and they are, hereby appropriated on account of the Judicial Department of the Government for each of the fiscal years 1895 and 1896, and for the purposes hereinafter mentioned and set forth, viz.: Judicial Department Salaries.

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For salaries of the Supreme Court Judges, each [Illegible Text] [Illegible Text] dollars. Supreme Court Judges. For salaries of Superior Court Judges, each two thousand dollars. Superior Court Judges. For salaries of Solicitors-General, each two hundred and fifty dollars. Solicitors General. For salaries of Supreme Court Reporters, each two thousand dollars. Supreme Court Reporters. For salaries of Supreme Court Stenographers, each fifteen hundred dollars. Supreme Court Stenographers. For salary of Sheriff of the Supreme Court, one thousand dollars. Sheriff Supreme Court. SEC. III. Be it further enacted by the authority aforesaid, That the following sums of money be, and the same are, hereby appropriated for and on account of the Legislative Department for each of the fiscal years 1895 and 1896, to the persons and for the purposes herein mentioned and set forth, viz.: Legislative Department. That for the compensation of the President of the Senate and Speaker of the House of Representatives there is hereby appropriated the sum of seven dollars per diem each during the session of the General Assembly, and mileage at the rate of ten cents per mile by the nearest practicable route in going to and returning from the capitol. President Senate and Speaker House. For compensation of members of the General Assembly, four dollars per diem each, and mileage at the rate of ten cents per mile by the nearest practicable route in going to and returning from the capitol. Members. That the sum of four dollars per diem be paid to T. R. Whitley, senator from the Thirty-sixth District, from the beginning of the session up to the time he was sworn in; also four dollars per diem each to A. O. Blalock of Fayette county and A. E. Bird of Effingham, members of the House, from the beginning of the session up to the time they were respectively sworn in. T. R. Whitley. A. O. Blalock. A. E. Bird. For compensation of the Secretary of the Senate, the sum of sixty dollars per diem, out of which he shall pay the entire clerical expenses of the Senate, as provided by the Act of October 8, 1879. Secretary Senate. For compensation of the Clerk of the House of Representatives, the sum of seventy dollars per diem, out of which he shall pay the entire clerical expenses of the House of Representatives, as provided by the Act of October 8, 1879. Clerk House. For compensation of the Doorkeeper of the Senate, Doorkeeper of the House of Representatives, Messenger of the Senate, Messenger of the House of Representatives, Postmaster of the House of Representatives, each four dollars per diem, and the same mileage allowed members of the General Assembly. Doorkeepers, Messengers and Postmaster.

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For compensation of three (3) Gallery Keepers of the Senate and three (3) for the House of Representatives, four dollars per diem each. Gallery Keepers. For compensation of one (1) Assistant Doorkeeper of the Senate and one (1) Assistant Doorkeeper of the House of Representatives, four dollars per diem each; and one additional Assistant Doorkeeper of the Senate for 1894, four dollars per diem. Asst. Doorkeepers. For compensation of the Chaplain of the Senate and of the House of Representatives, each four dollars per diem. Chaplains. The compensation of the Chaplain of the Senate and House for the session of 1894 shall be four dollars per diem each. For compensation of four Porters of the Senate and seven Porters of the House of Representatives, two dollars per diem each. Porters. For compensation of four Pages of the Senate and seven Pages of the House of Representatives, two dollars per diem each. Pages. For two additional Pages in the Senate for the year 1894, two dollars per diem each. For compensation of one Attendant of the Senate and one Attendant of the House of Representatives, for services in keeping and cleaning the water-closets at the capitol during the session, two dollars per diem each. Attendants. For compensation of the several Committeemen of the Senate and the House of Representatives in visiting the various public institutions of the State, to be paid on an itemized statement furnished by the members of said committees, twenty-five dollars each, to defray the entire expenses of each member for the whole service, or so much thereof, as may be necessary; provided , they shall only receive an amount equal to the money actually paid out by them. Committeemen. To pay the incidental expenses of the General Assembly, to be paid on an itemized account presented to the Governor by the Secretary of the Senate and the Clerk of the House of Representatives, eighty-five dollars for the House of Representatives, and fifty dollars for the Senate, or so much thereof as may be necessary. Incidental expenses. To pay the bills for stationery furnished the General Assembly, seven hundred dollars, or so much thereof as may be necessary. Stationery. SEC. IV. Be it further enacted by the authority aforesaid, That the following sums of money be, and the same are, hereby appropriated for and on account of the public institutions of the State for each of the fiscal years 1895 and 1896, as follows: Public institutions. For support and maintenance of the Academy for the Blind and for salaries of its officers, eighteen thousand dollars, or so much thereof as may be necessary, and two thousand dollars for furniture, furnishing, and repairing buildings, etc., or so much thereof as may be necessary. Academy for the Blind.

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For the support and maintenance of the School for the [Illegible Text], and pay of its officers, [Illegible Text], etc., twenty thousand dollars, or so much thereof as may be necessary. School for the Deaf. For the support and maintenance of the Lunatic [Illegible Text] for the year 1895, two hundred and ten thousand dollars; for the year 1896 two hundred and thirty thousand dollars (and for duplicating pump and other machinery for water-works, four thousand dollars), or so much thereof as may be necessary, to be expended only when directed by the Board of Trustees; and the Governor is authorized to make monthly an advance to cover the cost of supplies and incidental expenses of said Asylum; provided , that the Governor shall require of the superintendent and resident physician an itemized statement monthly of all expenditures, which statement shall be approved by a quorum of the Board of Trustees, out of which sums ordinary [Illegible Text] may be paid for. Said amounts to be expended at such times and in such amounts as may be approved by the Board of Trustees; provided , said amounts are for absolute and necessary repairs, and the [Illegible Text] of same meet the approval of the Governor. Lunatic Asylum. For State University at Athens, the sum of eight thousand dollars. Also the sum of three thousand dollars to be used for repairing the dormitory, the [Illegible Text] Kappa, and Demosthenian Halls, putting water, water-closets, and other conveniences therein; all to be expended under the direction of the chairman of the Prudential Committee of the Trustees. State University. For State University for the support and maintenance of the School of Technology, twenty-two thousand five hundred dollars, or so much thereof as may be necessary; provided , however, that this appropriation shall not be available, unless the trustees make a rule prohibiting any county having more than six free scholarships in the school, and providing a reasonable tuition fee for all in addition to that number; provided further , that work and products of the shops of the school shall not be used to underbid the work and products of other local industries of the same kind in the State; provided further , that the chairman of the Local Board of Trustees of said institution report to the Governor the number of teachers and other employees, with their names and amount of salaries paid each, a catalogue of students showing their places of residence, from whom and how much is collected in tuition fees; an itemized statement of all receipts and expenditures; disposition of the products of the shops, etc., and shall continue to make such reports annually, before the meeting of the General Assembly; further , that this shall apply to all educational institutions supported by the State; and that the same be printed and

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bound under the title of Report of Educational Institutions, for public information and the use of the General Assembly. School of Technology. For State University for the support and maintenance of the Georgia Normal and Industrial College, twenty-two thousand nine hundred dollars. Ga. Normal and Industrial College. For State University for support, maintenance, and repairs on building of the North Georgia Agricultural College, a branch of the University located at Dahlonega, the sum of three thousand dollars; provided , that under no pretext whatever, whether as tuition, matriculation fee, incidental expenses, or otherwise, shall said college charge exceeding ten dollars per year, or five dollars per term, for each pupil; and provided further , that any charge made in excess of said sum shall work a forfeiture of said appropriation. North Georgia Agricultural College. For the State University for the support and maintenance of the State Normal School at the Rock College at Athens, for training and instructing teachers, the sum of ten thousand dollars. State Normal School. For the University for the Colored People, under the Act approved November 26, 1890, the sum of eight thousand dollars, to be drawn only in accordance with the conditions prescribed in said Act. University for the Colored People. For the payment of the interest known as the land scrip fund and due the State University, sixty-three hundred and fourteen dollars and fourteen cents. Land scrip fund. For the support of the common schools, six hundred thousand dollars, and whatever funds may be in the treasury at the time of making the apportionment, as required by section 1271, Code 1882, which funds properly belong to the school fund, as provided by laws now of force and enumerated in section 1272 of the Code 1882. Should the returns of taxable property for the years 1895 and 1896 prove to be greater than four hundred and twenty-nine million dollars, then, in that case, the sums arising from the general tax levy upon said returns of taxable property in excess of four hundred and twenty-nine million dollars is hereby appropriated to the common school fund of the State, in addition to the six hundred thousand dollars appropriated by this Act for each of the years 1895 and 1896, and in addition to the moneys appropriated by existing laws to the common school fund. Common schools. SEC. V. Be it further enacted by the authority aforesaid, That the following sums of money be, and the same are, hereby appropriated to pay the recognized valid debt of the State, as follows: Public Debt. Five hundred and forty-two thousand dollars (to be paid out of the sinking fund) on bonds maturing July 1, 1896. Bonds maturing July 1, 1896. To pay the interest maturing in each of the years 1895 and 1896, the sum of three hundred and sixty-eight thousand eight hundred and thirty-five dollars. Interest maturing in 1895 and 1896.

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SEC. VI. Be it further enacted by the authority aforesaid, That the following sums of money be, and the same are, hereby appropriated for the following miscellaneous purposes necessary for the support of the State government for the years 1895 and 1896: Miscellaneous. For the Department of Agriculture, the sum of ten thousand dollars, as provided by section 1465(f), Code 1882. Department of Agriculture. For salary of Chemist of Agricultural Department, the sum of three thousand dollars, as provided by section 1553(c), Code 1882; and for salaries of the two Assistant Chemists, as provided by the Act of 1891, the sum of one thousand dollars each. Said salaries of the Chemist and his assistants shall be paid out of the fees arising from the inspection of fertilizers, as provided by the Act of 1889. Chemist. Assistant Chemists. For replenishing chemicals and apparatus used by the State Chemist and his assistants, a sum not to exceed one thousand dollars, said sum to be paid from fees arising from inspection of fertilizers, as provided for in Act of 1891. Replenishing chemicals and apparatus. For geological survey, the sum of eight thousand dollars, as provided by Act of 1889. Geological survey. For contingent fund, the sum of ten thousand dollars, or so much thereof as may be necessary, out of which the actual expenses of the Board of Directors of the Georgia Experiment Station shall be paid; and the sum of one hundred dollars, or so much thereof as may be necessary, shall be applied to the use of the State Board of Pharmacy for analyzing and preventing the sale of adulterated drugs and medicines, as provided by an Act approved September 28, 1881; and the sum of five hundred dollars, or so much thereof as may be necessary, shall be applied to the use of the Supreme Court of Georgia for indexing the original bills of exceptions and transcripts of records. Contingent fund. Georgia Experiment Station. State Board of Pharmacy. Indexing records, etc., Supreme Court. For contingent expenses Railroad Commission in paying incidental expenses of office, the hire of a porter, etc., the sum of eight hundred dollars, or so much thereof as may be necessary. Contingent expenses R. R. Commission. For contingent expenses of the Supreme Court in paying for the necessary printing, stationery, purchasing record books, binding opinious of the court, hiring a porter, etc., the sum of twelve hundred dollars, or so much thereof as may be necessary; and five hundred dollars, or so much thereof as may be necessary, for the purchase of new files for said court. Contingent expenses Supreme Court. For the printing fund, the sum of fifteen thousand dollars, or so much thereof as may be necessary, out of which fund one thousand dollars, or so much as may be necessary, shall be paid for the publication and distribution of reports of the State Geologist, together with necessary maps and illustrations. Printing fund.

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For the printing fund of the Railroad Commission, the sum of one thousand dollars, or so much thereof as may be necessary, to pay for such printing and advertising as the commissioners may deem necessary for the proper carrying on of the business of the said commission as directed by law. Printing fund R. R. Commission. For repairs to the public buildings, to purchase coal, wood, lights, and furniture for the executive mansion and the various departments of the State Government, to pay the hire of engineers, guards, servants at the mansion, and such porters for the various departments of the State Government as the Governor may employ, and general incidental expenses and such other laborers as may be necessary, the sum of eighteen thousand dollars, or so much thereof as may be necessary; of which sum two thousand dollars shall be paid to the keeper of public buildings for salary in each of the years 1895 and 1896; provided , there shall be an itemized account of the various matters upon which these payments are made presented to the Governor before he issues his warrant therefor. Public buildings, etc. For organizing, arming, equipping, drilling, and training the volunteer forces of the State, as provided by the Act of 1889, and for purposes of administration of the several military departments of the State and to increase the military fund (all under direction of the Governor), the sum of fifteen thousand dollars. State volunteer forces. For expenses of officers in visiting and inspecting convict camps, as provided by section 4821(h) of the Code 1882, the sum of fifteen hundred dollars, or so much thereof as may be necessary. Inspecting convict camps. For insurance of public property, as provided by the Act of 1883, the sum of eight thousand dollars, or so much thereof as may be necessary; and four hundred and fifty dollars is hereby appropriated to pay the insurance on the North Georgia Agricultural College buildings at Dahlonega for the term of five years, commencing March 29, 1894, and ending March 29, 1899. Insurance public property. For public library, to be expended as the Judges of the Supreme Court may direct, three thousand dollars, or so much thereof as may be necessary, the same to be paid from the sale of Supreme Court Reports. Public library. For printing Supreme Court Reports, as provided by section 228, Code, the sum of nine thousand dollars. Printing Supreme Court Reports. For binding the Journals, as provided by the Act of 1889, the sum of five hundred and fifty dollars. Binding Journals. To pay the salaries of the trustees of the Lunatic Asylum, and actual railroad fare in going to and returning from Milledgeville, the sum of twenty-five hundred dollars, as provided by the Act of 1889. Trustees Lunatic Asylum. To pay the trustees of the State University, as provided by Act of 1889, the sum of four dollars per diem each, for expenses at

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the meetings of the Board of Trustees and actual fare to and from the place of meeting. Trustees State University. To pay maimed and disabled Confederate soldiers, as provided by Act of November 11, 1889, the sum of one hundred and ninety thousand dollars, or so much thereof as may be necessary. Confederate soldiers. To pay the widows of such Confederate soldiers as may have died in the service of the Confederate States, or since, from wounds received therein or diseases contracted in the service of the Confederate States, the sum of two hundred and forty thousand dollars, or so much thereof as may be necessary, less the sum of thirty thousand nine hundred and twenty dollars, the balance in the treasury of the State carried over from this fund for the year 1893, which said balance is hereby reappropriated to said pension fund. Widows of Confederate soldiers. To pay the fees of Solicitors-General in criminal cases before the Supreme Court such amounts as may be due under the fee bill, as provided in section 1646, Code 1882. Solicitors-General for services in Supreme Court. To pay the Clerk of the Supreme Court his salary, if the costs in the Supreme Court do not amount to the sum now allowed by law for compensation of said Clerk, an amount equal to the difference between the actual amount of cost collected by him and the amount due said Clerk as salary, which amount of difference shall be paid when certified by the Judges of the Supreme Court, as provided by section 225(a), Code 1882. Salary Clerk Supreme Court. To pay the Clerk of the Supreme Court the costs due him in pauper criminal cases returned to the Supreme Court of this State such a sum as shall be reported by said Clerk to the Governor, under the seal of said court, before receiving compensation therefor, as provided by Act of 1857. Clerk Supreme Court costs in pauper criminal cases. To pay chaplains to convicts and committees visiting the various convict camps, as required by Code 1882 (addenda), sections 4813(l), and 4813(o), the sum of two thousand dollars, or so much as may be necessary. Chaplains to convicts and committees visiting convict camps. SEC. VII. Be it enacted by the authority aforesaid, That in making the appropriations hereinbefore mentioned, that when said appropriations are to be paid to persons [Illegible Text] for particular objects, same shall be paid from the funds arising from the sources now provided by law. What funds appropriations payable from. SEC. VIII. Be it further enacted by the authority aforesaid, That the respective amounts appropriated by this Act for salaries of the various State House officers and clerical expenses of the various departments shall be held and considered in full payment thereof, and such amounts shall not be increased, directly or indirectly, by payment of additional sums from the contingent or any other fund to such officers, their clerks or any person, by way of extra compensation, or for extra services or extra assistance rendered to such

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officers in any department of said government; and should extra service or extra assistance become necessary to said officers, or in said departments, the same shall be paid for out of the amounts respectively appropriated by this Act for salaries of the various State House officers and for the clerical expenses of said offices, nor shall any money be paid from any fund to any officer or person, as a salary or otherwise, unless the same is authorized by law and the money duly appropriated therefor. Increase of salaries by extra compensation, etc., forbidden. No money to be paid unless authorized and appropriated by law. 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 18, 1894. NOTE BY COMPILER.The approval of this Act by the Governor is in the following language: I approve this bill with the exception of the three hundred dollars appropriated to the Clerk of the Railroad Commission in excess of the twelve hundred dollars as fixed by law. APPROPRIATIONS TO PAY PENSIONS TO SOLDIERS FAILING TO RECEIVE SAME FOR 1894. No. 25. An Act to appropriate the sum of five hundred dollars, or so much thereof as may be necessary, to pay pensions for 1894 to all maimed Confederate soldiers regularly enrolled in the Executive Department who are entitled thereto under the law, and who have failed to receive same, and for other purposes. SECTION I. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That the sum of five hundred dollars, or so much thereof as may be necessary, be, and the same, is hereby appropriated to pay pensions for 1894 to such maimed Confederate soldiers, now regularly enrolled in the Executive Department, who are entitled thereto under existing laws and who have failed to receive same for want of funds to pay the same. Amount appropriated. For soldiers entitled but who failed to receive for 1894. SEC. II. Be it further enacted, That all laws in conflict with this Act be, and the same are, hereby repealed. Approved December 11, 1894.

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FOR PAYMENT PENSIONS TO WIDOWS OF CONFEDERATE SOLDIERS FAILING TO RECEIVE SAME FOR 1893. No. 105. An Act to provide for and authorize the payment of pensions to certain widows of Confederate soldiers for the year 1893, who were entitled thereto under the law, and who failed to receive their pensions for that year, and for other purposes. Whereas, A number of widows of Confederate soldiers who were duly enrolled upon the pension list in 1892, and were paid the pension for that year, failed to receive any pensions for the year 1893, because they were unable to make proof of their nativity as required by the Act approved December, 1892; and Preambles. Whereas, They subsequently made the necessary proofs and have been paid pension for 1894, and are now on the pension list; therefore, SECTION I. Be it enacted by the General Assembly of Georgia, That the Governor be, and he is, hereby authorized to draw his warrant on the treasury in favor of each and every widow who received a pension in 1892 and again in 1894, but for the reason above stated failed to receive her pension for 1893. That said warrants shall be for sixty dollars each, and these payments shall be made upon proofs showing each applicant entitled under the law, and that her name was duly enrolled on the pension list in 1892 and is now on said roll. Appropriation for widows receiving pensions in 1892 and 1894 but not in 1893. Amount. Proofs. SEC. II. Be it further enacted by the authority aforesaid, That the sum of twelve hundred dollars, or so much thereof as may be necessary, be, and the same is, hereby appropriated out of any money in the treasury not otherwise appropriated for the purposes of this Act. Amount appropriated. SEC. III. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and they are, hereby repealed. Approved December 15, 1894.

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TITLE II . TAXES AND PUBLIC DEBT. ACTS. General Tax Act for 1895 and 1896. Creation of Sinking Fund to Retire State Bonds. [Illegible Text] of Entering on Digest Names of Colored Tax-payers. GENERAL TAX ACT FOR 1895 AND 1896. No. 151. An Act to levy and collect a tax for the support of the State government and the public institutions, for educational purposes in instructing children in the elementary branches of an English education only; to pay the interest on the public debt, and to pay maimed Confederate soldiers and widows of Confederates such amounts as are allowed them by law for each of the fiscal years eighteen hundred and ninety-five and eighteen hundred and ninety-six; and to prescribe what persons, professions, and property are liable to taxation; to prescribe the methods of receiving and collecting said taxes; to prescribe the method of ascertaining the property of this State subject to taxation; prescribe additional questions to be propounded to tax-payers, and to provide penalties and forfeitures for non-payment of taxes, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That the Governor be authorized and empowered, with the assistance of the Comptroller-General, to assess and levy a tax on the taxable property of this State for each of the fiscal years eighteen hundred and ninety-five and eighteen hundred and ninety-six of two mills and [unk]ths of a mill, and the Governor be, and is, hereby authorized and empowered, by and with the assistance of the Comptroller-General, to assess and levy, in addition to the foregoing general State tax, a tax of one mill and one-half of a mill for each of the years eighteen hundred and ninety-five and eighteen

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hundred and ninety-six on all of the taxable property of this State, for the purpose of raising the funds necessary to meet the appropriations of this General Assembly for educational purposes in instructing children in the elementary branches of an English education only. General ad valorem tax. Ad valorem tax for school purposes. SEC. II. Be it further enacted by the authority aforesaid, That, in addition to the ad valorem tax on real estate and personal property, as required by the Constitution and provided for in the preceding section, the following specific taxes shall be levied and collected for each of said fiscal years eighteen hundred and ninety-five and eighteen hundred and ninety-six. Specific taxes. First .Upon each and every male inhabitant of the State, between the ages of twenty-one and sixty years, on the days fixed for return of property for taxation, a poll tax of one ($1) dollar, which shall be for educational purposes in instructing children in the elementary branches of an English education only; provided , this tax shall not be demanded of blind persons, nor of crippled, maimed, or disabled Confederate soldiers, relieved of such taxes under and by authority of an Act approved July 23, 1883. Poll tax. Exemptions from poll tax. Second .Upon every [Illegible Text] of law, medicine, or dentistry, presidents of each of the banks of the State, each agent or firm negotiating loans and charging therefor, the presidents of each of the railroad companies, presidents of each of the express, telegraph, telephone, electric light, and gas companies doing business in this State, and in case the presidents of any such companies do not reside in this State, then, in such case, upon the superintendent or general agent of such companies who may reside in this State, ten ($10) dollars, and no municipal corporation or county authorities shall levy any additional tax on said professions either as a license fee or otherwise. Lawyers, doctors, dentists, corporation presidents, loan agents, etc. Third .Upon every [Illegible Text], ambrotype, photographic, and similar artist, ten ($10) dollars in each county in which they may carry on business; provided , this tax shall not be required of any ex-Confederate soldier. Photographic artists. Exemption. Fourth .Upon every person carrying on the business of auctioneer, for pay or compensation, twenty-five ($25) dollars for each county in which they may carry on such business. Auctioneers. Fifth .Upon every keeper of a pool, billiard, or bagatelle table, kept for public use, whether in a bar-room, hotel, or other public place, twenty-five ($25) dollars for each table. Keepers of pool, billiard, [Illegible Text] bagatelle tables. Sixth .Upon every keeper of any other table, stand, or place for the performance of any game or play; and upon the keeper of any flying-horses, or any other game or play, unless kept for exercise or amusement not prohibited by law, and not kept for gain, directly or indirectly, twenty-five ($25) dollars in each county. Keepers of gaming places, etc.

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Seventh .Upon every keeper of a ten-pin alley, or alley of like character, kept for public play, and upon every keeper of a shooting-gallery, twenty-five ($25) dollars for each place of business. Keepers of ten-pin alleys, etc. Shooting galleries. Eighth .Upon every traveling vendor of patent or proprietary medicines, special nostrums, jewelry, paper, soap, or other merchandise, fifty ($50) dollars in each county where they may offer such articles for sale. Peddlers. Ninth .Upon every local insurance agent or firm of agents, or insurance broker or firm of brokers doing business in this State, ten ($10) dollars for each county in which they shall solicit business; and upon every agent of a matrimonial, natal, or nuptial company, one hundred ($100.00) dollars for each county in which they shall do business; and upon every traveling or special or general agent of life, fire, accident, or other insurance company doing business in this State, fifty ($50) dollars, which said tax must be paid before said agents shall be authorized to act as agents for any of their companies. Said tax shall be paid by said companies to the Comptroller-General, and shall be in addition to the license fee required of insurance companies by the Act approved October 24, 1887. The receipts of the Comptroller-General for the payment of this tax, together with his certificate, as provided by said Act, approved October 24, 1887, shall constitute the license for said agents to transact business for their companies as designated by said certificates; provided , this tax shall not be required of agents of assessment life insurance companies or mutual aid societies; provided further , that railroad ticket agents selling accident insurance tickets shall not be deemed insurance agents in the sense of this section, and this section shall not apply to railroad ticket agents selling accident insurance tickets, and that railroad ticket agents who sell accident insurance tickets shall not be required to pay the said tax; provided further , that this tax shall not be required of agents of industrial life insurance companies writing what are known as industrial life insurance premiums, on which are payable, in weekly instalments, not exceeding $1.05 per week. Local insurance agents. Agents of matrimonial companies, etc. Travelling, special, or general insurance agents. License of such agents. Exemption from. Tenth .Upon each emigrant agent or employer or employee of such agents doing business in this State, the sum of five hundred dollars for each county in which such business is conducted. Emigrant agents. Eleventh .Upon every traveling vendor using boats for the purpose of selling goods on the rivers or waters within the limits of this State, the sum of fifty ($50.00) dollars in each county where they may sell their wares, and said tax shall be a lien on the boat and its contents, without regard to the ownership thereof. Vendors using boats. Tax to be lien on boat and contents. Twelfth .Upon all itinerant lightning-rod dealers or agents, the sum of fifty ($50.00) dollars for each and every county in which they operate. Itinerant lightning-rod dealers or agents.

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Thirteenth .Upon all shows and exhibitions (except such as histrionic, musical, operatic, and elocutionary), including the side-shows accompanying circus companies, fifty ($50.00) dollars in each and every city or town of five thousand inhabitants; forty dollars in cities or towns of four thousand and under five thousand inhabitants, and thirty dollars in towns of less than four thousand inhabitants; said tax, so collected, shall be for educational purposes. Shows and exhibitions. Tax to be used for educational purposes. Fourteenth .Upon every circus company, or others giving an exhibition beneath or within a canvas enclosure, advertised in print or by parade, or in any manner whatsoever as a circus, [Illegible Text], hippodrome, spectacle, or show implying a circus, three hundred dollars each day it may exhibit in the State of Georgia; said tax shall be for educational purposes. Circus companies, etc. Tax to be used for educational purposes. Fifteenth .Upon all dealers in spirituous or malt liquors, intoxicating bitters, or brandy fruits or domestic wines, whether dealing in any or all thereof, one hundred dollars for each place of business in each county where the same are sold; provided , that parties engaged in the manufacture of spirituous or malt liquors under license by the government, who are prohibited by any local law from selling the same in the county where manufactured, shall not be subject to this tax unless they carry on the business of retailing or wholesaling such spirituous or malt liquors in some other county where the sale is not prohibited; provided , this tax shall not relieve such dealers from any local tax or prohibitory law in reference to the retail of spirituous or intoxicating liquors, nor be required of those who sell by wholesale spirits manufactured of apples, peaches, grapes, blackberries, or other fruits grown on their own lands when sold in quantities not less than five gallons; provided , that nothing in this act shall be construed as to levy a tax on dealers in domestic wines manufactured from grapes or berries purchased by or grown on lands owned, leased, or rented by said dealer; said tax shall be for educational purposes. Liquor dealers. Exemptions from tax. Tax to be used for educational purposes. Sixteenth .Upon all dealers in pistols, toy pistols shooting cartridges, pistol or rifle cartridges, dirks, bowie-knives, or metal knucks, twenty-five dollars for each place of business in the county where the same are sold. Dealers in pistols and other weapons. Seventeenth .Upon every individual or firm, or his or their agents, engaged in the business of selling or buying through regularly organized stock and cotton exchanges, or boards of trade, farm products, sugar, coffee, and salt and meat, railroad stocks and bonds, and stocks and bonds of all kinds, not intended for bona fide sale and delivery, but for future delivery (commonly called futures), one thousand dollars each per annum for each county where such business is carried on; provided , that this tax shall not be demanded of any cotton warehouseman, dealer in cotton, or any provision

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broker who takes orders in the regular course of their trade, only for the actual and bona fide delivery of cotton and other produce so ordered, and where, by the terms of the contract, it is not left to the option of the party so ordering, or the party taking such order, to avoid the delivery of the produce or products by paying the difference in the market price of such produce or products at the time of delivery; provided further , that such cotton warehouseman, dealer in actual cotton, or any provision broker does not carry on the business of buying futures in connection with his or their other business, and upon every individual or firm, or his or their agents, engaged in a like business, when they take orders on their own account and determine the loss or gain between them and their patrons by market reports received from any source whatever, and whose business is generally denominated bucket shops, the sum of ten thousand dollars. Dealers in futures. Exemptions from. Eighteenth .Upon every peddler of stoves or ranges for cooking purposes, the sum of one hundred dollars in every county in which such peddler may do business; and upon each traveling vendor of patent churns and patent fences, the sum of ten dollars in each county in which they offer such articles for sale. Peddlers of stoves or ranges. Peddlers of churns and fences. Nineteenth .Upon all packing-houses or dealers doing business in this State, whether carried on by the owners thereof or by their agents, fifty dollars ($50) in each county where said business is carried on. Packing houses. Twentieth .Upon every person or firm, for himself or agent for resident or non-resident owners, who keeps or holds for hire or sale any billiard, pool, or other table of like character, fifty ($50) dollars for each county in which such person or firm does business. Keepers for hire or sale of billiard tables, etc. Twenty-first .Upon each peddler of clocks, one hundred dollars in each county of the State in which said peddler may do business. Clock peddlers. Twenty-second .Upon all itinerant doctors, dentists, opticians, or specialists of any kind doing business in this State, ten dollars for each county in which they may do business; provided , the provisions of this paragraph shall not apply to persons whose fixed place of business is in a county of this State and have paid the tax required by paragraph 2 of section 2. Itinerant doctors, dentists, etc. Exemptions from. Twenty-third .Upon all brewing companies, two hundred dollars. Brewing companies. Twenty-fourth .Upon each pawn-broker, fifty dollars for each place of business. Pawn-brokers. Twenty-fifth .Upon all mercantile and collecting agencies, commercial agencies, and all other agencies of like character, fifty dollars in every county where they have established an office. Commercial agencies. SEC. III. Be it further enacted by the authority aforesaid, That the taxes provided for in paragraphs 1 and 2 of section 2 of this Act, shall be returned to the tax-receiver in the county of the residence

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of the persons liable to such tax, and shall, by the receiver of tax-returns, [Illegible Text] entered upon his digest of taxable property, and that the taxes provided for in paragraphs 3, 4, 5, 6, 7, 8, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, and 25 of section 2 of this Act shall be returned and paid to the tax-collectors of the counties where such vocations are carried on. General tax returns. SEC. IV. Be it further [Illegible Text] by the authority aforesaid, That the taxes provided for in paragraphs 3, 4, 5, 6, 7, 8, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, and 25 of section 2 of this Act shall be paid in full for the fiscal years for which they are levied to the tax-collectors of the counties where such vocations are carried on at the time of commencing to do business specified in said paragraphs. Before any person taxed by paragraphs 3, 4, 5, 6, 7, 8, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, and 25 of section 2 of this Act shall be authorized to carry on said business, they shall go before the ordinary of the county in which they propose to do business and register their names, place of business, and at the same time pay their taxes to the tax-collector, and it shall be the duty of said ordinary to immediately notify the Comptroller-General and the tax-collector. Any person failing to register with the ordinary, or, having registered, failing to pay the tax as herein required, shall be liable to indictment for misdemeanor, and, on conviction, shall be fined not less than double the tax, or be imprisoned as prescribed by section 4310 of the Code, or both, in the discretion [Illegible Text] the court. One-half of said fine shall be applied to the payment of the tax, and the other to the fund of fines and forfeitures for use of officers of court. General rule as to whom and when taxes to be paid. Registration of business. Failure to register to pay business tax. SEC. V. Be it further enacted by the authority aforesaid, That all foreign and home insurance companies, or insurance brokers placing insurance on property in this State, doing business in this State, shall pay one per centum on all premiums in money or otherwise received by them; provided , this shall not include return premiums on cancelled policies; provided further , that this shall not apply to mutual, co-operative, or assessment fire companies organized for mutual protection against losses by fire, and receiving no premiums other than the assessment of its own members; and in addition to the tax imposed by this Act upon the gross receipts of such insurance companies, all such companies doing brokerage business in this State, such as discounting notes, bills, drafts, or exchange, lending money, or in any manner doing a business pertaining to banking or brokerage business, shall be taxed upon the capital so employed in the same manner and at the same rate as other moneyed capital in the hands of private individuals is taxed. Tax on insurance companies or brokers. Exemptions from. Insurance companies doing brokerage business. SEC. VI. Be it further enacted by the authority aforesaid, That all foreign and home fidelity guarantee companies, or other companies

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furnishing bonds, or similar associations doing business in this State, shall pay one per centum on all premiums, in money or otherwise, received by them, and the agents, general or special or local, as the case may be, of said companies shall make returns to the Comptroller-General on the same terms and in the same manner as insurance companies. Fidelity guarantee companies etc. SEC. VII. Be it further enacted by the authority aforesaid, That the president of all building and loan associations or other associations of like character shall be required to return to the tax-receiver of the county where such associations are located, at its true market value, the stock of such associations owned by the stockholders thereof (upon which, as shown by the books of such association, no advance has been made or money borrowed thereon by the individual stockholders therein), to be taxed as other moneyed capital in the hands of private individuals is taxed; provided , that no tax shall be required of building and loan associations to be paid upon any portion of their capital which has been loaned or advanced to a shareholder upon real estate, upon which real estate tax is payable by said shareholders; and provided further , that the taxes required by this section shall be in lieu of all other taxes and licenses, whether State, county or municipal, against said associations, except a business license by the town or city in which the principal office of any such association is located, and except a fee required to be paid the State Treasurer by the Act approved October 19, 1891. Returns of building and loan associations, etc. Exemption from. This tax to be in lieu of others. SEC. VIII. Be it further enacted by the authority aforesaid, That the presidents of all manufacturing and other incorporated companies, or their agents, other than railroad, insurance, telegraph, telephone, express, sleeping and palace car companies, shall be required to return all their property whatever of their respective companies at its true market value to the tax-receiver of the county where the same is located, or where the principal business of each company is located, to be taxed for State and county purposes as other property in this State is taxed; save and except that all canal or slack-water navigation companies shall make, through their respective executive officers or stockholders in possession of the same, returns to the tax-receiver of each county in which the same is located, or through which the same shall pass, in whole or in part, of the right of way, locks and dams, toll-houses, structures, and all other real estate owned or used by the company or the stockholders thereof; provided , this Act shall not make subject to taxation any property of canal or navigation companies which is not subject to taxation by the laws of this State as now existing. The president of every manufacturing company shall be required to answer under oath, in addition to those now provided by law, the following questions: Returns of corporations, other than railroad, insurance, express, etc., companies. Canal or slack-water navigation companies. Questions to be answered by presidents of manufacturing companies.

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First .What is the value of raw material on hand on the day fixed for return of property for taxation? Second .What is the value of manufactured goods or articles on hand on the day fixed for the return of property for taxation? Third .What amount of money, bonds, notes, accounts, and choses in action of every kind did you own on the day fixed for return of property for taxation? Fourth .What other property of every kind did your company own on the day fixed for the return of property for taxation? And such company shall be taxed upon its entire property so ascertained. SEC. IX. Be it further enacted by the authority aforesaid, That all persons or companies, including railroad companies, doing an express or telegraph business and charging the public therefor, in this State, shall pay two and one-half per centum on their gross receipts, and all persons, or the superintendent or general agent of each telegraph or express company, or the president of each railroad company doing such business in this State, shall make a quarterly return, under oath, as follows: Tax on companies doing express or telegraph business. Returns of. On the last day of March, June, September, and December, in each year, to the Comptroller-General, showing a full account of their gross receipts during the quarter ending on such date; and said taxes herein levied upon such gross receipts as shown by said quarterly returns shall be paid by the respective persons or companies to the Comptroller-General at the same time of making such returns; the gross receipts herein named shall be construed to mean the full amount of all money received from all business done within this State. If any person, superintendent, agent, or president, as the case may be, whose duty it is to make returns under this paragraph, shall fail to do so within thirty days after the time herein required, such person, superintendent, agent, or president shall be liable to indictment, and upon conviction shall be punished as prescribed in section 4310 of the Code of 1882. Failure to make return. Second .That each telephone company shall pay a tax of one dollar for each telephone station or box with instruments complete, rented or used by their subscribers, and the superintendent or general manager of the company, shall make returns, under oath, and payments to the Comptroller-General on the dates named in the first paragraph of this section. Tax on telephone companies. Returns of. Third .That each non-resident person or company, whose sleeping-cars are run in this State, shall be taxed as follows: Ascertain the whole number of miles of railroads over which such sleeping-cars are run, and ascertain the entire value of all sleeping-cars of such person or company, then tax such sleeping-cars at the regular tax rate imposed upon the property of this State, in the

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same proportion to the entire value of such sleeping-cars, that the length of the lines in this State over which such cars run bears to the length of the lines of all railroads over which such sleeping-cars are run. The returns shall be made to the Comptroller-General by the president, manager, general agent, or person in control of such cars in this State. The Comptroller-General shall frame such questions as will [Illegible Text] the information sought, and answers thereto shall be made under oath. If the officers above referred to in control of such sleeping-cars shall fail or refuse to answer, under oath, the questions so propounded, then the Comptroller-General shall obtain the information from such sources as he may, and he shall assess a double tax on such sleeping-cars. If the taxes herein provided for are not paid, the Comptroller-General shall issue executions against the owners of such cars, which may be levied by the sheriff of any county in this State upon the sleeping-car or cars of the owner who has failed to pay these taxes. Sleeping-cars. Returns of. Failure to make proper return. Failure to pay tax. SEC. X. Be it further enacted by the authority aforesaid, That every sewing-machine company selling or dealing in sewing-machines, by itself or its agents in this State, and all wholesale and retail dealers in sewing-machines selling machines manufactured by companies that have not paid the tax required herein, shall pay two hundred dollars for the fiscal year, or fractional part thereof, to be paid to the Comptroller-General at the time of commencement of business, and said companies or dealers shall furnish the Comptroller-General a list of agents authorized to sell machines of their manufacture, or under their control, and shall pay to said Comptroller-General the sum of five dollars for each of said agents for the fical year, or fractional part thereof, for each county in which said agent may do business for said company. Upon the payment of said additional sum, the Comptroller-General shall issue to each of said agents a certificate of authority to transact business in this State, and such companies, dealers, and agents, having paid the taxes required herein, shall be exempted from any county or corporation tax for selling said sewing-machines. Before doing business under this act, all sewing-machine agents shall be required to register their names with the ordinaries of those counties in which they intend to operate and exhibit to said ordinaries their license from the Comptroller-General, and to keep such license posted on their vehicles or at their places of business. Wholesale or retail dealers in sewing-machines shall be required to pay the tax provided herein for each manufacture of sewing-machines sold by them, except the manufacture of such companies as have paid the tax required by this Act. All unsold sewing-machines belonging to sewing-machine companies, dealers, or their agents, in possession

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of said companies, dealers, their agents, or others, shall be liable to seizure and sale for payment of such fees, license, and tax. Any person who shall violate the provisions of this section shall be liable to indictment for a misdemeanor, and on conviction shall be punished as prescribed in section 4310 of the Code. None of the provisions of this section shall apply to licensed auctioneers selling second-hand sewing-machines, or to officers of the law under legal process, or to merchants buying and selling machines on which a license tax has been paid, as herein provided, and who keep the said machines and sell and deliver them at their places of business, such sales not being on commission. Sewing-machine companies or dealers. Lists of agents. Tax on agents. Agent's certificate. Exemption from county or corporation tax. Registration of agents, etc. Tax for each manufacture of machines. Lien on unsold machines. Penalty for violations of this section. Exemptions. SEC. XI. Be it further enacted by the authority aforesaid, That no tax shall be assessed upon the capital of banks or of banking associations organized under the authority of this State or of the United States, and located within this State; but the shares of the stockholders of such bank or banking associations, whether resident or non-resident owners, shall be taxed in the county where such bank or banking associations are located, and not elsewhere, at their true and full market value at the same rate provided in this Act for taxation of moneyed capital in the hands of private individuals; provided , that nothing in this section contained shall be construed to relieve such banks or banking associations from the tax on property owned by them and provided for in section 8 of this Act. Tax on bank stock. SEC. XII. Be it further enacted by the authority aforesaid, That the president of all railroad companies doing business in this State shall make returns to the Comptroller-General in the manner provided by law for the taxation of the property, of the gross receipt or net income of such railroads, and shall pay the Comptroller-General the tax to which such property or gross receipts or net income may be subject according to the provisions of this Act and the laws now of force relating to the tax on railroads; and, on failure to make returns or refusal to pay tax, said companies shall be liable to all the penalties now provided by law, and the Comptroller-General is hereby required, upon failure of such companies to make returns, or if made and not satisfactory to said officer, to proceed against such companies as provided in section 826(d) of the Code of 1882. Returns of railroad companies. Payment of tax. Failure to make return or pay tax. SEC. XIII. Be it further enacted by the authority aforesaid, That the president and principal agents of all the incorporated companies herein mentioned, except such as are required to make returns to the tax-receivers of the counties, shall make returns to the Comptroller-General, under the rules and regulations provided by law for such returns, and subject to the same penalties and the modes of procedure for the enforcement of taxes from companies or persons required by law to make returns to the Comptroller-General. Corporations to make returns to Comp.-General, etc.

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SEC. XIV. Be it further enacted by the authority aforesaid, That any person or company, resident of this State, who is the owner of a vessel, boats, or water-craft of any deescription, shall answer under oath the number of vessels, boats, and other water-crafts owned by them and the value of each, and make returns of the same to the tax-receiver of the county of the residence of such person or company, and the same shall be taxed as other property is taxed. Questions to be answered by owners of vessels, etc. Returns of and tax on. SEC. XV. Be it further enacted by the authority aforesaid, That in returning property for taxes, all property shall be returned at its value; promissory notes, accounts, judgments, mortgages, liens of all kinds, and all choses in action shall be given in at their value, whether solvent or partially solvent. Every person shall return for taxes all jewelry and other property of every kind owned by his wife and minor children, unless the members of his family or her family return their property for taxation. In addition to the questions now propounded to tax-payers by the tax-receivers, questions shall be framed by the Comptroller-General to reach all property upon which a tax is imposed by this Act, and especially the following questions: General rule as to returns for ad valorem tax. Additional questions for to be framed by Comp.-General. First .The number of horses, mules, oxen, cows, sheep, hogs, goats, and of all other animals upon which a tax is imposed by law, and state the value of each. Especially. Second .The kind and value of property owned by the wife and minor children of the tax-payer and not returned for taxes by the owner thereof. Third .Whether solvent or partially solvent, give the value of your bonds, stock of non-resident companies or corporations, or of companies or corporations in this State whose capital stock is not returned by the president of such company or corporation, all notes, accounts, judgments, mortgages, liens, and other choses in action of every kind, whether such bonds, stocks, notes, etc., are held by the tax-payers in Georgia, or held by some other person for him either in or out of this State. There shall be no deduction from the value of property returned for taxes on account of any indebtedness of such tax-payer. No deduction on account of indebtedness of tax-payer. SEC. XVI. Be it further enacted by the authority aforesaid, That the oath to be administered to all persons making returns of their taxable property shall be the oath required under the Act of October 20, 1885, to be attached to the printed list furnished under said Act and presented to each tax-payer; provided , that non-residents, females, and sick persons may subscribe the oath herein required before any person authorized by law to administer oaths, and cause same to be delivered to the tax-receiver. Oath of person making return.

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SEC. XVII. Be it further enacted by the authority aforesaid, That the Comptroller-General is authorized and empowered to order the tax-receivers of this State to commence receiving the returns of taxable property immediately after the first day of April of each of the years eighteen hundred and ninety-five (1895) and eighteen hundred and ninety-six (1896), and that the Comptroller-General is empowered and required to cause the taxes to be collected and paid into the State treasury by the 20th of December of each of the years 1895 and 1896. When returns to be received. When taxes to be paid. SEC. XVIII. Be it further enacted by the authority aforesaid, That blind persons, Confederate [Illegible Text] and all other persons so deformed by nature as to render them unfit for manual labor, relieved by the proviso in paragraph 1, section 2, from the payment of the tax designated in that paragraph, shall be relieved also from the payment of the taxes designated in paragraphs 6, 7, 8, and 11 of section 2, if carrying on and dependent upon the kinds of business designated therein; provided , that before any person shall be entitled to the benefit of any of the exemptions provided for in this section, he shall go before the ordinary of the county in which he proposes to carry on business, and make and file an affidavit setting forth the facts that he is entitled to such exemption, that he is proprietor of the business he proposes to conduct, and is conducting the same for himself, and not for others. Exemptions of blind persons, soldiers, and persons deformed. SEC. XIX. Be it further enacted by the authority aforesaid, That immediately after the first day of March of each of the years 1895 and 1896, the Governor, Comptroller-General, and State Treasurer shall fix a day between January the 1st and April the 1st of each of the years 1895 and 1896, as a day for making a return of taxes, instead of April 1st, which day shall not be fixed until March 1st of each of the years 1895 and 1896, as provided by Act approved December 20, 1893. Day for making returns, how fixed. SEC. XX. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 18, 1894.

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CREATION OF SINKING FUND TO RETIRE STATE BONDS. No. 49. An Act to create a sinking fund to pay off and retire bonds of the State as they mature (in accordance with article 7, section 14, paragraph 1 of the Constitution of 1877), by a levy and collection of a tax, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That the Governor is hereby authorized, with the assistance of the Comptroller-General, at the time of the assessment of the levy of taxes for the years one thousand eight hundred and ninety-five and one thousand eight hundred and ninety-six, to assess and levy a per centum on the taxable property of this State sufficient to raise one hundred thousand dollars net, for each of the years one thousand eight hundred and ninety-five and one thousand eight hundred and ninety-six, in addition to the amount required to be levied to pay the public expenses and the interest on the public debt, which shall be a sinking fund to pay off and retire an equal amount of the valid bonds of this State as they mature, as hereinafterwards provided, and which shall be applied to no other purpose whatsoever; provided , that this tax shall not be estimated by any county authorities in assessing for county purposes the taxes thereof. Ad valorem tax to create sinking fund. Amount to be raised. Purpose of fund. This tax not to be estimated in fixing county taxes. SEC. II. Be it further enacted by the authority aforesaid, That the tax authorized herein shall be specially levied and collected, and separate accounts of the same shall be kept by the Treasurer, and the moneys arising therefrom shall be applied to paying off and retiring the valid bonds of the State as hereinafterward provided. Tax to be specially levied, collected, etc. Money from, how applied. SEC. III. Be it further enacted by the authority of the same, That the said amount so raised in the year one thousand eight hundred and ninety-five shall be applied to the payment of the same amount of the valid bonds of this State maturing July the 1st, 1896; and that the said amount so raised in said year one thousand eight hundred and ninety-six shall be applied to the payment of the same amount of the valid bonds of this State maturing January the 1st, 1898; provided , that the Governor and the Treasurer of this State, in case that the bonds of the State maturing January the 1st, eighteen hundred and ninety-eight, cannot be purchased at par, may loan the one hundred thousand dollars, to be raised under the tax levy of eighteen hundred and ninety-six, until the maturity of the bonds to which it is to be applied as above provided, at such a rate of interest, not less than four and a half per cent., as they may be able to obtain; and in case that said amount is so loaned, the interest accruing on

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said amount shall be paid on the principal of the bonds maturing January the 1st, 1899; provided , any applicant negotiating said loan with the State shall hypothecate and give as collateral security to the Treasurer for said loan any sufficient number of the valid bonds of the State as said Treasurer may deem ample and full security for the payment of said loan at the time it becomes due. But no bonds so taken as collateral shall receive as an advancement thereon any such sums of money in excess of the par value of the same. And in the contract of loan it shall be expressed in the note of obligation or other writing setting forth the contract, a general or special power to the Governor and Treasurer to sell the same upon default, either at public or private sale, and the Governor or Treasurer shall have the right to purchase the same, and when so purchased, said bonds shall be held as vouchers, and the purchase of said bonds shall be shown forth on the books of said Treasurer. Payment of bonds maturing July 1, 1896. Of bonds maturing Jany. 1, 1898. If bonds maturing Jany., 1898, cannot be bought at par, money may be loaned. Interest on such loan. Collateral for loan. SEC. IV. Be it further enacted by the authority of the same, That all bonds purchased under the provisions of this Act shall be cancelled and stamped with the words Sinking Fund by the Treasurer and filed in his office. Bonds purchased to be cancelled and filed. 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 15, 1894. MANNER OF ENTERING ON DIGEST NAMES OF COLORED TAX-PAYERS. No. 64. An Act to regulate the manner of entering the names of the colored tax-payers on the tax-digests of the several counties of this State, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act it shall be the duty of the tax-receivers of the several counties of this State to place the names of the colored tax-payers in each militia district of their county upon the tax-digest in alphabetical order; provided , the names of the colored and white tax-payers shall be made out separately on the tax-digest. Names of colored persons to be entered alphabetically, etc. Separate from names of whites. 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 15, 1894.

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TITLE III . CONSTITUTION. ACTS. Pensions for Confederate Soldiers. Election of State School Commissioner by the People. PENSIONS FOR CONFEDERATE SOLDIERS. No. 120. An Act to carry into effect the Act amending paragraph 1 of section 1 of article 7 of the Constitution of this State by providing an annual pension to such ex-Confederate soldiers who are, by reason of age and poverty, infirmity and poverty, or blindness and poverty, unable to provide a living for themselves; to prescribe the conditions upon which payments shall be made, and appropriate the necessary fund from which said pensions are to be paid; to fix the time when the pension period shall begin; to provide fees for witnessing applications, and to make penal the collecting, receiving, or demanding of fees or commissions by agents or other persons paid for other purposes. SECTION I. Be it enacted by the General Assembly of Georgia, That from and after the passage of this Act there shall be paid annually a pension of sixty dollars to each ex-Confederate soldier now residing in the State of Georgia, and who was on the 1st day of January, 1894, a bona fide citizen of this State, who, by proper proofs shows that the volunteered either in the regular Confederate service or in the organized militia of the State of Georgia during the civil war and performed regular military duty for a period of not less than six months; and who, at the date of filing his application, submits proof to show that by reason of his age and poverty, infirmity and poverty, or blindness and poverty, he is unable to support himself by his own exertions or labor. Amount of annual payments. Who entitled. Proofs.

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SEC. II. Be it further enacted by the authority aforesaid, That the payments of the pensions provided for by this Act shall begin in the month of May, 1895, and annually thereafter on or about the 15th of May, and the first payment shall be for the pension year ending twelve months next after the approval of this Act. When payments to be made. SEC. III. Be it further enacted by the authority aforesaid, That the Governor shall cause to be prepared and furnished to the ordinaries of the State necessary blank applications for the use of applicants for the benefits of this [Illegible Text]. Each applicant shall make oath before the ordinary of his own county, setting forth his name and age, his occupation and physical condition, as well as the company and regiment in which he enlisted as a soldier, and the full term of his service in the Confederate army or Georgia militia. He shall set forth what property, effects, or income he possesses. He shall furnish the testimony of one witness who personally knows that he enlisted in the service and performed the duties of a soldier as claimed by him, and that he is unable to support himself by labor of any sort. He shall also furnish proof by two physicians of his county showing his precise physical condition and inability to labor at any work or calling sufficient to earn a support for himself. These proofs shall be made before the ordinary of the county of the residence of the witnesses. The ordinary shall certify to the trustworthy character of the witnesses and to the citizenship of applicant as required by this Act, and that the full text of the affidavits have been read to all of the affiants. He shall in every case administer an oath to each applicant and witness before they sign the affidavits called for by this Act. Blank applications to be furnished. Oath of applicant. Proof by two physicians. Ordinary's certificate. Oath to be administered by ordinary. SEC. IV. Be it further enacted by the authority aforesaid, That the Governor may demand other and additional proofs in any case where he may have reason to suspect that the claim is not meritorious. Additional proofs may be demanded. SEC. V. Be it further enacted by the authority aforesaid, That the ordinary shall be allowed a fee of one dollar in each case prepared by him in full, and a fee of fifty cents for witnessing proofs for an application from any county other than his own, to be paid by applicant. Ordinary's fee. SEC. VI. Be it further enacted by the authority aforesaid, That the sum of thirty thousand dollars be, and the same is, hereby appropriated to pay the pensions provided for by this Act, for the year 1895, and a like amount is appropriated for the year 1896, to be paid out of any money in the treasury not otherwise appropriated, and the Governor is authorized to draw his warrant on the treasury to pay each applicant making the proofs required by this Act the pension herein allowed. Appropriation to carry out this act.

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SEC. VII. Be it further enacted by the authority aforesaid, That it shall be unlawful for any claim agent or other person to demand, collect, or receive any fee or commission from any beneficiary under this Act for any service rendered in preparing and presenting an application, and any person violating this section of this Act shall be held and deemed guilty of a misdemeanor, and upon conviction thereof shall be punished as prescribed by section 4310 of the Code of 1882. Unlawful to demand, etc., fees from beneficiaries of this act. Penalty. SEC. VIII. Be it further enacted, That no person already enrolled as a pensioner under the pension laws of 1887, as amended by Acts of 1888 and 1889, shall be entitled to an additional pension under this Act. Pensioners already enrolled not entitled under this act. SEC. IX. Be it further enacted by the authority aforesaid, That after an applicant has been enrolled as a pensioner under this Act, subsequent annual payments shall be made upon sworn application of the beneficiary, accompanied by the certificate of the ordinary of his county showing continued residence in this State and that his disability still exists. Subsequent payments, how procured. SEC. X. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and they are, hereby repealed. Approved December 15, 1894. NOTE BY COMPILER.The Act referred to in the caption of this Act was approved December 19, 1893. (Acts of 1893, p. 19.) ELECTION OF STATE SCHOOL COMMISSIONER BY THE PEOPLE. No. 152. An Act to amend paragraph 1 of section 2 of article 8 of the Constitution of this State, so as to prescribe that the State School Commissioner shall be elected by the people instead of being appointed by the Governor as now required by law. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That the Constitution of the State be amended by striking out of paragraph 1 of section 2 of article 8, in first and second line of said paragraph, the words appointed by the Governor and confirmed by the Senate, and inserting in lieu thereof the following, to wit: elected by the people at the same time and manner as the Governor and State house officers are elected, and by striking out of third line of said paragraph the word appointed, and inserting in lieu thereof the word elected, so that said paragraph,.

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when amended, shall read as follows: There shall be a State School Commissioner elected by the people at the same time and manner as the Governor and State house officers are elected, whose term of office shall be two years and until his successor is elected and qualified. His office shall be at the seat of the government, and he shall be paid a salary not to exceed two thousand dollars ($2,000) per annum. The General Assembly may substitute for the State School Commissioner such officer or officers as may be deemed necessary to perfect the system of public education. Art. 8, sec. 2, par. 1 to be amended. Election by the people provided for. Paragraph as amended. SEC. II. Be it further enacted, That whenever the above proposed amendment to the Constitution shall be agreed to by two-thirds of the members elected to each of the two houses of the General Assembly, the Governor shall, and he is hereby authorized and instructed to, cause said amendment to be published in at least two newspapers in each congressional district in this State for the period of two months next preceding the time of holding the next general election. When and how proposed amendment to be published. SEC. III. Be it further [Illegible Text], That the above proposed amendment shall be submitted for ratification or rejection to the electors of this State at the next general election to be held after publication as provided for in the second section of this Act, in the several election districts of this State, at which election every person shall be qualified to vote who is entitled to vote for members of the General Assembly. All persons voting at said election in favor of adopting the proposed amendment to the Constitution shall have written or printed on their ballots the words For ratification of the amendment of paragraph 1 of [Illegible Text] 2 of article 8 of the Constitution, and all persons opposed to the adoption of said amendment shall have written or printed on their ballots the words, Against ratification of the amendment of paragraph 1 of section 2 of article 8 of the Constitution. When to be submitted to the people. Qualifications of voters. Ballots. SEC. IV. Be it further enacted, That the Governor be, and he is, hereby authorized and directed to provide for the submission of the amendment proposed in the first section of this Act to a vote of the people, as required by the Constitution of this State in paragraph 1 of section 1 of article 13, and by this Act, and, if ratified, the Governor shall, when he ascertains such ratification from the Secretary of State, to whom the returns shall be referred in the same manner as in cases of elections for members of the General Assembly to count and ascertain the result, issue his proclamation for one insertion in one of the daily papers of this State, announcing such result and declaring the amendment ratified. Ascertainment and proclamation of result. SEC. V. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 18, 1894.

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TITLE IV . CODE AMENDMENTS. ACTS. Section 279Time of Residence Required to Qualify for Appointment as Judge County Court. Section 713Railroad Crossings. Section 891(a)[Illegible Text] Transferred Executions. Section 913Fees [Illegible Text] of State. Section 1319Time for Electing County Officers. Section 1330Contested Elections Members General Assembly. Section 1504Appointment and Term Commissioners of Pilotage. Section 1624Time for Taking Fish in Waters of this State. Section [Illegible Text][Illegible Text] of [Illegible Text] Persons. Section 2183[Illegible Text] of Agency. Section 2626Levy and Sale Corporation Stock. Section 2785Holidays Excepted, as to Presentment, etc., of Commercial Paper. Section 2783(a)Public Holidays Falling on Sunday. Section 3696Fees of Sheriff in Criminal Cases. Section [Illegible Text]Fees of Non-Resident State's Witnesses. Section 3893Taking of Depositions. Section 4011Appointment Commissioner to lay off Dower. Section 4083Replevying Property Levied on under Distress Warrant. Section [Illegible Text]Obtaining Credit by False Representations. Section 4696(a)Appointment, etc., Court Stenographers. AMENDING SECTION 279, AS TO TIME OF RESIDENCE REQUIRED TO QUALIFY FOR APPOINTMENT AS JUDGE COUNTY COURT. No. 131. An Act to amend section 279 of the Code of 1882, concerning the appointment of judges of county courts, by striking out the words two years, in the fifth line of said section, and inserting in [Illegible Text] thereof the words one year. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That section 279 of the Code of 1882, concerning the appointment of judges of county courts, be amended by striking out the words two years, in the fifth line of said section, and inserting in lieu thereof the words one year. One year's residence in county required. SEC. II. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 18, 1894.

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AMENDING SECTION 713, AS TO RAILROAD CROSSINGS. No. 140. An Act to amend section seven hundred and thirteen of the Code of Georgia of 1882, which section relates to the removing obstructions and putting in proper order of railroad crossings by changing the number thirty to fifteen. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That the word thirty, in section seven hundred and thirteen of the Code of Georgia of 1882, be, and the same is, hereby stricken out of said section, and the word fifteen inserted in lieu thereof; also by adding to the last line of said section, between the words date and of the words of the service, so that said section, as amended, shall read as follows: When any road over which a crossing is required shall be obstructed, or not in good order at such crossing, a road commissioner, or an overseer of the road district where the crossing is, must notify the nearest agent or employee of the company, in writing, to remove such obstructions, or to put such crossing in proper order, within fifteen days from the date of the service of such notice. Crossings to be put in good order on fifteen days' notice. SEC. II. Be it further enacted, That this Act shall take effect from and immediately after its passage. When this Act to take effect. SEC. III. Be it further enacted, That all laws and parts of laws conflicting with this Act be, and the same are, hereby repealed. Approved December 17, 1894. AMENDING SECTION 891(a), AS TO DOCKETING TRANSFERRED EXECUTIONS. No. 94. An Act to amend section 891(a) of the Code of 1882, by adding the word general before the words execution docket where they occur in said section. SECTION I. Be it enacted by the General Assembly of Georgia, That from and after the passage of this Act, section 891(a) of the Code of 1882 be amended by adding the word general immediately before the words execution docket where they occur in said section, so that said section, as amended, will read as follows: Whenever any person, other than the person against whom the same has issued, shall pay any execution issued for State, county, or municipal taxes, or any other execution issued without the judgment

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of a court, under any law, the officer whose duty it is to enforce said execution shall, upon the request of the party paying the same, transfer said execution to said party; and said transferee shall have the same rights as to enforcing said execution and priority of payment as might have been exercised or claimed before said transfer; provided , said transferee shall have said execution entered on the general execution docket of the superior court of the county in which the same was issued, and if the person against whom the same was issued resides in a different county, then also in the county of such person's residence within thirty days from said transfer. And all tax executions issued prior to February 20, 1875, now in the hands of transferees, or that may hereafter be transferred to third parties, and that have not been recorded as herein provided, shall be entered within six months after 16th December, 1879, on the general execution docket of the superior court of the county in which the same was issued; and if the same was issued against a person or property residing or located in a different county, then also in the county of such person's residence or where such property is located. And in default thereof such executions shall lose their lien upon any property which has been transferred bona fide and for a valuable consideration before the record and without notice of the existence of such execution or executions. Transferred executions to be entered on general execution docket. 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 17, 1894. AMENDING SECTION 943, AS TO FEES OF SECRETARY OF STATE. No. 108. An Act to amend paragraph 2 of section 943 of the Code of 1882, prescribing the fees to be collected by the Secretary of State and paid into the treasury. SECTION I. Be it enacted, That paragraph two (2) of section nine hundred and forty-three (943) of the Code of 1882, which prescribes the fees allowed by the Secretary of State, be, and the same is, hereby amended by adding thereto the following as the fees to be collected by the Secretary of State and paid into the State treasury for the services named, to wit: For granting charters to railroad companies, one hundred dollars. Charters to R. R. companies. For granting charters to insurance companies, one hundred dollars. To insurance companies.

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For granting charters to banking companies, fifty dollars. To banking companies. For granting charters to express companies, one hundred dollars. To express companies. For granting charters to canal companies, one hundred dollars. To canal companies. For granting charters to telegraph companies, one hundred dollars. To telegraph companies. For granting charters to navigation companies, one hundred dollars. To navigation companies. Renewing charters to railroad companies, one hundred dollars. For renewals of charters to R. R. companies, c. For granting charters to purchasers of railroads, fifty dollars. Renewing charters to insurance companies, one hundred dollars. To insurance companies. For renewing charters to banking companies, one hundred dollars. To banking companies. For renewing charters to express companies, one hundred dollars. To express companies. For renewing charters to canal companies, one hundred dollars. To canal companies. For renewing charters to telegraph companies, one hundred dollars. To telegraph companies. For renewing charter to navigation companies, one hundred dollars. To navigation companies. For amending charter of banking companies, twenty-five dollars. For amending charters banking companies. For amending charter of insurance companies, twenty-five dollars. Insurance companies. For amending charters to railroad companies, twenty-five dollars. R. R. companies. For amending charter of canal companies, twenty-five dollars. Canal companies. For amending charter of navigation companies, twenty-five dollars. Navigation companies. For amending charters of express companies, twenty-five dollars. Express companies. For amending charters telegraph companies, twenty-five dollars. Telegraph companies. For recording trade-mark, one dollar. Recording trade-marks. For granting charters to street or suburban railroad companies, fifty dollars. Charters to street R. R. companies. For renewing charters of street or suburban railroad companies, twenty-five dollars. Renewals thereof. For appointing Commissioners of Deeds, five dollars. Appointing commissioners of deeds. 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 17, 1894.

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AMENDING SECTION 1319, AS TO TIME FOR ELECTING COUNTY OFFICERS. No. 136. An Act to amend section 1319 of the Code of 1882, so as to change the time of electing county officers from the first Wednesday in January to the first Wednesday in October preceding, and for other purposes. SECTION I. Be it enacted by the General Assembly of Georgia, That section 1319 of the Code of 1882 be amended by striking out the word January, in line four of said section, and inserting in lieu thereof the word October; also by striking out the word January and the figures 1873, in line six, and inserting in lieu thereof the word and figures October, 1896, for the term beginning in January thereafter, so that said section, when amended, shall read as follows: Ordinaries, clerks of the superior courts, sheriffs, coroners, tax-collectors, tax-receivers, county surveyors, and all the county officers shall be elected on the first Wednesday in October of the year in which, under the Constitution and Laws of this State, elections should be held to fill such offices, beginning on the first Wednesday in October, 1896, for terms beginning in January thereafter. Elections for county officers to be first Wednesday in October. 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 15, 1894. AMENDING SECTION 1330, AS TO CONTESTED ELECTIONS MEMBERS GENERAL ASSEMBLY. No. 119. An Act to amend section 1330 of the Code of 1882, so as to define more clearly the law governing contested elections for members of the General Assembly, and for other purposes. SECTION I. Be it enacted by the General Assembly, That section 1330 of the Code of 1882, in relation to proceedings to contest the seat of a member of the General Assembly, be amended by inserting in line 2 thereof the word same, and before the word and the following words, to wit: as provided in the Act approved December 20th, 1893, and found on pages 124 and 125 of the printed Acts of 1893, so that said section, when amended, shall read as follows: The proceedings to contest the seat of a member of the General Assembly are the [Illegible Text] as provided in the Act approved

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December 20th, 1893, and found on pages 124 and 125 of the printed Acts of 1893, and may be transmitted to the Governor, who shall send the same, immediately after the organization, to the presiding officer of the House where the contest lies, or may be sent direct to such presiding officer. Act of Dec. 20, 1893, made applicable to contests for membership of General Assembly. Section as amended. SEC. II. Be it likewise enacted, That all laws and parts of laws in conflict with this Act are hereby repealed. Approved December 17, 1894. SECTION 1504APPOINTMENT AND TERM COMMISSIONERS OF PILOTAGE. No. 48. An Act to repeal section 1504 of the Code of Georgia of 1882, which provides for the appointment of Commissioners of Pilotage, and to provide a new method of appointment and term of office of the Commissioners of Pilotage. 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 1504 of the Code of Georgia of 1882, which provides for the appointment of Commissioners of Pilotage, be, and the same is, hereby repealed. Section 1504 repealed. SEC. II. Be it further enacted by the authority aforesaid, That on February first, after the passage of this Act, the term of office of all persons acting as Commissioners of Pilotage shall expire, and the corporate authorities of Savannah, Darien, Brunswick, and St. Mary's shall each have power respectively to appoint Commissioners of Pilotage, seven in number, [Illegible Text] term of office shall be seven years, but the term of office of [Illegible Text] commissioners first appointed under this Act shall be one, two, three, four, five, six, and seven years respectively, and who shall succeed and exercise the duties of the present Boards of Pilot Commissioners in this State; and for each and every year thereafter one pilot commissioner shall be appointed by said corporate authorities to succeed the commissioner whose term expired for that year. Said Commissioners of Pilotage to be appointed by the corporate authorities of Savannah for the bar of Tybee and River of Savannah and the several bars and inlets north of the Sapelo bar; by the corporate authorities of Darien for Sapelo bar and the River Altamaha, and for the several bars and inlets south of Sapelo bar as far as St. Simon's bar; the corporate authorities of Brunswick for the bar of St. Simons and Turtle river and St. Andrew's bar and the several bars and inlets

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north of and including the Great Satilla river; by the corporate authorities of St. Mary's for the bar of St. Mary's and all bars and inlets between the St. Mary's bar and the St. Andrew's bar. All vacancies in said Boards of Commissioners shall be filled by appointment by said corporate authorities for the unexpired term of the commissioner who has held the office vacated, but no owner or part owner of a pilot boat shall be allowed to act as a Commissioner of Pilotago, and a majority of said boards shall be composed of men skilled in navigation or exporters engaged in active business at the respective ports. When term of present Commissioners to expire. Appointment number and term of Commissioners. Appointment to be by whom. Vacancies. No owner pilot boat to be Commissioner. Qualifications for office. 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 15, 1894. AMENDING SECTION 1624, AS TO TIME FOR TAKING FISH IN WATERS OF THIS STATE. No. 130. An Act to amend section 1624 of the Code of Georgia, so as to regulate the time when fish may be taken in the waters of this State, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act, section 1624 of the Code of Georgia be amended by striking out the words from sunset on Saturday to sunrise on Monday, in the tenth line of said section, and inserting in lieu thereof the words from twelve o'clock Saturday night to twelve o'clock Sunday night, so that section, when so amended, shall read as follows: It shall not be lawful for any person to inhabit, occupy, or reside in any vessel, ark, or flat on any river of this State, which shall not be engaged in the lawful commerce of the same, in the carriage or transportation of goods or produce to or from market, unless owned by the proprietors of the shores or their lessees; provided , nothing contained in this and the previous sections shall be construed to prevent owners of the land on said rivers, or their lessees, from taking fish in the river opposite their banks, but no [Illegible Text] shall be permitted to be used in said rivers, either by such owners or their lesses, from twelve o'clock on Saturday night to twelve o'clock on Sunday night; and provided also , that every lease or license to fish shall be recorded within ten days after the granting thereof in the clerk's office of the superior court of the county where the land lies. Seining in rivers from midnight Saturday to midnight Sunday prohibited. Section as amended.

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SEC. II. Be it further enacted by the authority of the same, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repeated. Approved December 18, 1894. AMENDING SECTION 1864, AS TO CONFINEMENT OF INSANE PERSONS. No. 113. An Act to amend section 1864 of the Code of Georgia, so as to allow the judges of the superior court of this State to confine in the Lunatic Asylum or county jail insane persons and persons non compos mentis , whenever the ordinary of the county is absent from the county, or is unable to act for any cause, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act, section 1864 of the Code of Georgia be amended by inserting after the word ordinary, in the fifth line of said section, and after the word ordinary, in the eighth line of said section, the words or in his absence from the county, or when he is unable to act for any cause, the judge of the superior court, so that said section, when so amended, shall read as follows: When there is no guardian for an insane person, or the guardian, on notice, refuses or fails to confine his ward, and any person shall make oath that such insane person, for public safety or other good and sufficient reason, should not longer be left at large, the ordinary, or in his absence from the county, or when he is unable to act for any cause, the judge of the superior court before whom said oath is made shall issue a warrant as in criminal cases for the arrest of such insane person, to bring him before him on a day specified; and said ordinary, or in his absence from the county, or when he is unable to act for any cause, the judge of the superior court, on an investigation of the facts, may commit such insane person to the Lunatic Asylum, and if necessary cause him to be temporarily committed to jail until he can be removed to the asylum; and the expense of such confinement and the proceedings shall be paid out of the estate of such insane person, if any, and, if not, out of the county funds. The fees of the ordinaries of the several counties of this State, for making out commissions of lunacy and all other services connected therewith, shall be five dollars and no more; and the fees of sheriffs and bailiffs, for summoning juries and other services

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connected with cases of lunacy, shall be three dollars and no more. Judge superior court, in absence of ordinary, may commit insane persons. Section as amended. SEC. II. Be it further enacted by the authority of the same, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 17, 1894. AMENDING SECTION 2183, AS TO REVOCATION OF AGENCY BY DEATH, INSANITY, OR LEGAL DISABILITY. No. 47. An Act to amend section 2183 of the Code of Georgia of 1882, which defines the circumstances under which an agency may be revoked, and providing that the death of a person who has executed a power of attorney to transfer stock in corporations shall not affect the right of the creditor or holder, but that such assignment in blank, coupled with the power of attorney to transfer, shall be valid and effectual, notwithstanding the death of the maker of such power. 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 2183 of the Code of Georgia of 1882 be amended by adding after the last word of said section the following language, towit: but every creditor or other person advancing money upon the pledge of a certificate of stock, or other script representing an ownership interest in corporations in Georgia, shall have such an irrevocable interest in such certificate of stock, or other script representing an ownership interest in corporations in Georgia, as not to be affected by the death, insanity, or legal disability thereafter of the person in whose name such stock or other script stands upon the books of any corporation in Georgia, but that such pledgee or holder of such stock or script assigned in blank, coupled with the power of attorney, shall have the same right after the death, insanity, or legal disability of the person in whose name said stock stands upon the books of said corporation as before the death, insanity, or legal disability of such person, so that said section, as amended, shall read: Generally, an agency is revocable at the will of the principal. The appointment of a new agent for the performance of the same act, or the death of either principal or agent, revokes the power. If, however, the power is coupled with an interest in the agent himself, it is not revocable at will; and in all cases the agent might recover from the principal, for an unreasonable

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revocation, any damages he may have suffered by reason thereof, but every creditor or other person advancing money upon the pledge of a certificate of stock, or other script representing an ownership interest in corporations in Georgia, shall have such an irrevocable interest in such certificate of stock or other script representing an ownership interest in corporations in Georgia as not to be affected by the death, insanity, or legal disability thereafter of the person in whose name such stock or other script stands upon the books of any corporation in Georgia; but that such pledgee or holder of such stock or script assigned in blank, coupled with the power of attorney, shall have the same right after the death, insanity, or legal disability of the person in whose name said stock stands upon the books of said corporation as before the death, insanity, or legal disability of such person. Person advancing on pledge of stock to have irrevocable interest. Not to be affected by death, insanity, or legal disability. Section as amended. SEC. II. Be it enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 13, 1894. AMENDING SECTION 2626, AS TO LEVY AND SALE OF CORPORATION STOCK. No. 77. An Act to amend section 2626 of the Code of 1882, authorizing the levy and sale of bank or other corporation stock, so as to require the president, superintendent, manager, or other officer having access to the books of said bank, corporation, or joint stock company, to disclose, on demand of the levying officer, the number of shares and par value thereof owned by the defendant in execution, and to provide a penalty for refusal 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, section 2626 of the Code of 1882 [Illegible Text] amended by adding between the words corporation and such, in the fifth line of said section, the following words, to wit: Upon demand by any sheriff, constable, or other levying officer of this State, having in his hands any execution or attachment against any person who is the owner of any shares or stock of said bank or other corporation or joint stock company, upon the president, superintendent, manager, or other officer of any corporation or joint stock company having access to the books thereof, said president, superintendent, manager, or other

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officer as aforesaid shall disclose to said levying officer the number of shares and the par value thereof owned by the defendant in said execution or attachment, and on refusal to do so, shall be considered in contempt of court and punished accordingly, so that said section, when amended, shall read as follows: Shares in a bank or other corporation may be levied on and sold, either under attachment or fi. fa. , in the county where the corporation does businessnotice of such levy being given to the defendant, if his residence be known, and also the officers of the corporation. Upon demand by any sheriff, constable, or other levying officer of this State, having in his hands any execution or attachment against any person who is the owner of any shares or stock of said bank or joint stock company, upon the president, superintendent, manager, or other officer of any corporation or joint stock company having access to the books thereof, said president, superintendent, manager, or other officer aforesaid shall disclose to said levying officer the number of shares and the par value thereof owned by the defendant in said execution or attachment, and on refusal to do so, shall be considered in contempt of court and punished accordingly. Disclosure of shares owned by defendant in execution, and par value thereof. Section as amended. Such sales shall be made only by the sheriff or his deputy, and constables levying thereon shall turn over such levies to the sheriff. Only one share shall be sold at once. The sheriff shall give the purchaser a certificate of his purchase, which, on presentation to the officers of the corporation, shall authorize a transfer of the stock to him. Transfers of stock after levy of an attachment, or after judgment, and with notice to the corporation of the levy or judgment, are absolutely void. If the shares be in a railroad, canal, turnpike, or plank-road company, they may be levied on and sold in any county through which the same passes. 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 17, 1894. AMENDING SECTION 2783HOLIDAYS EXCEPTED AS TO PRESENTMENT, ETC., COMMERCIAL PAPER. No. 139. An Act to amend section 2783 of the Code of 1882 by inserting after the word observances, in the ninth line of said section, the following words: and any other day declared by the law of Georgia to be a public holiday, and for other purposes. SECTION I. Be it enacted by the General Assembly of Georgia,

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and it is hereby enacted by authority of the same, That from and after the passage of this Act, section 2783 of the Code of 1882 be, and the same is, hereby amended by adding after the word observances, in the ninth line of said section, the following words: and any other day declared by the law of Georgia to be a public holiday, so that, when amended, shall read as follows: Any public holiday excepted. Section 2783, (2741), (2733). Holidays excepted. The following days, viz.: The first of January, commonly called New Year's day; the twenty-second of February, known as Washington's birthday; the twenty-sixth day of April, known as Decoration day; the fourth day of July, called Independence day; the twenty-fifth day of December, known as Christmas day; and any day appointed by the Governor of the State or the President of the United States, or any municipal authority, as a day of thanksgiving, or fasting, or prayer, or other religious observances, and any other day declared by the law of Georgia to be a public holiday, shall, for all purposes whatsoever as regards the presenting for payment or acceptance, and of the protesting and giving notice of the dishonor of bills of exchange, bank checks, and promissory notes, made after February 23, 1875, be treated and considered as the first day of the week, commonly called Sunday, and as public holidays, and all such bills, checks, and notes, otherwise presentable for acceptance or payment on said days, shall be deemed to be presentable for acceptance or payment on the secular or business day next preceding such holidays. 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 18, 1894. AMENDING SECTION 2783(a)PUBLIC HOLIDAY FALLING ON SUNDAY. No. 80. An Act to amend section 2783(a) of the Code of 1882 by inserting after the word December, in the third line of said section, the words and any other day declared by the law of Georgia to be a public holiday, 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, section 2783(a) of the Code of 1882 be, and the same is, hereby amended by adding after the word December, in the third line of said section, the following words: and any other

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day declared by the law of Georgia to be a public holiday, so that said section, when amended, shall read as follows: Any public holiday falling on Sunday, day following to be observed. Section 2783(a). Sundays provided for. Whenever the first day of January, the twenty-second day of February, the twenty-sixth day of April, the fourth day of July, or the twenty-fifth day of December, and any other day declared by the law of Georgia to be a public holiday shall fall upon Sunday, the Monday next following shall be deemed a public holiday, and papers due on such Sunday, shall be payable on the Saturday next preceding, and papers which would be otherwise payable on said Monday shall be payable on the Tuesday next thereafter. Whenever either of the days shall fall on Saturday, the papers due on the Sunday following shall be payable on the above named Monday next succeeding. Whenever either of said days shall fall on Monday, the papers which would otherwise be payable on that day shall be payable on the Tuesday next succeeding. 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 17, 1894. AMENDING SECTION 3696, AS TO FEES OF SHERIFFS IN CRIMINAL CASES. No. 88. An Act to amend section 3696 of the Code of this State so far as the same relates to the fees and costs of sheriffs in criminal cases, so as to provide compensation for said officers for services rendered in bringing fugitives from justice back to the county where the offence was committed, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That section 3696 of the Code of this State, which provides for the payment of fees of sheriffs in criminal cases, be, and the same is, hereby amended, by inserting in the second paragraph or item of the fee bill providing for fees in criminal cases, after the words court and before the figures 82.00 the following: and for bringing back fugitives from justice to the county where the crime was committed, to be paid out of the county treasury upon approval of the county commissioners or ordinary, so that said paragraph of said section, when amended, will read as follows: For removing a prisoner by order of any court, and for bringing back fugitives from justice to the county where the crime was committed, to be paid out of the

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county treasury upon approval of the county commissioners or ordinary, $2.00 per day and actual necessary expenses. Fee for bringing back fugitives. How to be paid. Paragraph as amended. SEC. II. Be it enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 17, 1894. AMENDING SECTION 3845, AS TO FEES OF NON-RESIDENT STATE'S WITNESSES. No. 132. An Act to amend section 3845 of the Code of Georgia, as amended by an Act approved December 18, 1893, which relates to the payment of fees to non-resident witnesses, by adding a proviso at the end thereof, that the witnesses shall not be paid more than seventy-five cents per day and no mileage, where said witnesses reside, or whose business occupation is within, three miles of the courthouse attended. 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, that section 3845 of the Code of Georgia, as amended by an Act approved December 18, 1893, be amended by adding at the end of said section the following words, to wit: provided further , that where a witness whose residence or usual place of business is within three miles of the courthouse attended by said witness, he shall be paid no mileage for such attendance and only seventy-five cents per diem, so that said section, when so amended, shall read as follows, to wit: Witnesses for the State in criminal prosecutions in the superior courts, shall receive each two dollars per day during their attendance, and their actual traveling expenses, not to exceed four cents per mile, in going and returning, verified on witnesses' subp[oelig]nas, which said verification shall distinctly set forth the days of the month on which the attendance and service were performed, and the number of miles traveled, which said attendance, service, and mileage shall be certified to by the solicitor-general of the circuit after the case has been tried or disposed of for the term, and after this is done the amount so proved to be due shall be paid out of the county funds. In case of conviction the amount chargeable against the county shall be taxed in the bill of costs. But no subp[oelig]nas for a non-resident witness for the State shall be issued unless the same shall be signed by the clerk of the court and the solicitor-general of the circuit; provided , that non-resident witnesses for the State, who

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have been subp[oelig]naed as such in more than one case, shall receive mileage on going to and returning from the court from which subp[oelig]na or subp[oelig]nas issued as though subp[oelig]naed in one case only, but shall receive the per diem pay now allowed by law for each day's attendance on the court as a witness for the State in any criminal case pending in said court; provided further , that in those counties where the law requires that the county commissioners of the county shall approve its accounts, this section shall not alter the same; provided further , that this section shall not be construed to repeal any local law on the subject of paying witnesses. The foregoing provisions of said section shall apply to defendant's witnesses when, in the discretion of the presiding judge, the ends of justice may demand it; provided further , that where a witness, whose residence or usual place of business is within three miles of the courthouse attended by said witness, he shall be paid no mileage for such attendance and only seventy-five cents per diem. No mileage when witness resides within three miles of court-house. 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 18, 1894. AMENDING SECTION 3893, AS TO TAKING DEPOSITIONS IN CERTAIN COUNTIES. No. 145. An Act to amend section 3893 of the Code of Georgia, in reference to the taking of depositions, so as to make said method of taking depositions applicable to counties of twenty thousand inhabitants, by striking out where there is or may be a city from the second line of said section, 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 3893 of the Code of Georgia be amended by striking out from the second line of said section the words where there is or may be a city, so that said section, when so amended, shall read as follows: In all counties of this State of twenty thousand inhabitants and upwards, either party litigant in any court of record in any such county may, without any order or commission, take the deposition of any witness or witnesses in said case, whether resident in the county or not, upon giving the opposite party five days' notice of the time and place with the names of the witnesses. Depositions may be taken in all counties of 20,000 population or upwards. Section as amended. SEC. II. Be it further enacted, That all laws and parts of laws in conflict herewith be, and the same are, hereby repealed. Approved December 15, 1894.

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AMENDING SECTION 4041, AS TO APPOINTMENT OF COMMISSIONERS TO LAY OFF DOWER. No. 33. An Act to amend section 4041 of the Code of 1882, so as to allow the judge of the superior court to appoint commissioners to lay off dower in vacation as well as in term time, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That section 4041 of the Code of Georgia of 1882 be amended as follows, to wit: By inserting in the second line thereof, after the word State and before the word shall, the following words, viz.: at term time, or the judges thereof at chambers, so that said section, when amended, will read as follows, to wit: The superior courts of this State, at term time, or the judges thereof at chambers, shall have power and authority, upon the written application of any person entitled to dower in any lands and [Illegible Text] in this State, to appoint five fit and discreet freeholders of the county in which the application is made, and cause the clerk of the court to issue a writ for that purpose, directing said freeholders, or a majority of them, to enter upon such lands and tenements, and to admeasure, lay off, and assign the dower to which the applicant is entitled by law in such lands, having regard to the shape and valuation of the same; provided , such lands shall be without the limits of any city, town, village, or place of public business; and of all lands within a city, town, village, or place of public business, said freeholders, or a majority of them, may lay off and assign one-third part of the lands and tenements to which the applicant is entitled, according to quantity and valuation, as they may think proper, just, and equitable. Commissioners to lay off dower may be appointed in vacation. Section as amended. SEC. II. Be it further enacted by the authority aforesaid, That all laws or parts of laws in conflict herewith be, and the same are, hereby repealed. Approved December 12, 1894. AMENDING SECTION 4083, AS TO REPLEVYING PROPERTY LEVIED ON UNDER DISTRESS WARRANT. No. 144. An Act to amend section 4083 of the Code of 1882 by adding after the last word in said section the following proviso: provided , that when the officer making the levy retains possession of the property of the tenant levied on, it shall not be necessary to give bond for the eventual condemnation money. SECTION I. Be it enacted by the General Assembly of Georgia,

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That from and after the passage of this Act. the above recited section of the Code of 1882 shall be amended by adding after the last word in said section the following proviso, to wit: provided that when the officer making the levy retains possession of the property of the tenant levied on, it shall not be necessary to give the bond for the eventual condemnation money, so that said section, when amended, shall read as follows: The party distrained may in all cases replevy the property so distrained by making oath that the sum, or some part thereof, distrained for is not due, and give security for the eventual condemnation money; and in such case the levying officer shall return the same to the court having cognizance thereof, which shall be tried by a jury as provided for in the trial of claims; provided , that when the levying officer retains possession of the property of the tenant levied on, it shall not be necessary to give the bond for the eventual condemnation money. When levying officer retains possession bond not necessary. Section as amended. SEC. II. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and are, hereby repealed. Approved December 17, 1894. AMENDING SECTION 4587, AS TO PUNISHMENT FOR OBTAINING CREDIT BY FALSE REPRESENTATIONS. No. 43. An Act to amend section 4587 of the Code of 1882, by striking out the following after the word punished, in the eleventh line of said section, to wit: by fine or imprisonment in the common jail of the county, or both, at the discretion of the court, and inserting in lieu thereof the following, to wit: as prescribed in section 4310 of this Code, 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 4587 of the Code of 1882 be amended by striking out the following after the word punished, in the eleventh line of said section, to wit: by fine or imprisonment in the common jail of the county, or both, at the discretion of the court, and inserting in lieu thereof the following, to wit: as prescribed in section 4310 of this Code, so that said section, when amended, will read as follows: If any person, by false representation of his own respectability, wealth, or mercantile correspondence and connections, shall obtain credit and thereby defraud any person or persons of any money, goods, chattels, or any other valuable thing, or if any person shall cause or procure others to report falsely of his honesty, respectability, wealth, or mercantile character, and by thus imposing on the credulity of any

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person or persons, shall obtain a credit, and thereby fraudulently get into possession of goods, wares, or merchandise, or any other valuable thing or things, such person, so offending, shall be deemed a cheat and swindler, and, on conviction, shall be punished as prescribed in section 4310 of this Code; and such person shall, moreover, be compelled by the order and sentence of the court, to restore to the party injured the property so fraudulently obtained, if it can be done. Punishment to be as prescribed in sec. 4310 of the Code. 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 13, 1894. AMENDING SECTION 4696(a) BY GIVING CITY COURT JUDGES POWER TO APPOINT, REMOVE, ETC., STENOGRAPHERS. No. 22. An Act to amend section 4696(a) of Code of 1882, by adding the words and city after the word superior, in the first line of said section, and before the word courts, in the second line of said section; and by adding the words and counties after the word circuits, in the fourth line of said section. 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 4696(a) of the Code of 1882 be, and the same is, hereby amended by adding the words and city after the word superior, in the first line, and before the word courts, in the second line of said section; and by the adding the words and counties after the word circuits, in the fourth line of said section, so that the first sentence of said section, when amended, will read as follows: The judges of the superior and city courts of this State shall have power to appoint and, at pleasure, remove a reporter or stenographic reporter for the courts of their respective circuits and counties. City Court judges given power to appoint, remove, etc., stenographers. Section as amended. SEC. II. Be it enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed; provided , that this Act shall in no way modify or repeal existing local laws upon the same subject pertaining to city courts now established. Existing local law not affected. Approved December 11, 1894.

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TITLE V . SUPERIOR COURTS. ACTS. Changing Spring Terms Dooly Superior Court. Transferring Dawson County to Northeastern Circuit. Changing Spring Terms Pulaski Superior Court. Transferring Dooly County to Southwestern Circuit and fixing Terms Superior Court. Changing Terms of Dawson Superior Court. Changing Terms of [Illegible Text] Superiro Court. CHANGING SPRING TERMS OF DOOLY SUPERIOR COURT. No. 2. An Act to change the time' of holding the spring term of Dooly Superior Court, 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 of holding the spring term of Dooly Superior Court shall be changed from the first and second Mondays in May to the fourth Monday in February and the Monday following said fourth Monday in February. Spring terms changed to 4th Monday in Feby. and Monday following. SEC. II. Be it further enacted, That all writs, processes, orders, and summonses and other proceedings returnable to said term prior to the passage of this Act shall be held and considered as returnable to the term as herein fixed and prescribed. Return of writs, etc. SEC. III. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved November 24, 1894. NOTE BY COMPILER.This Act is in effect repealed by the Act approved December 11, 1894.

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TRANSFERRING DAWSON COUNTY TO NORTHEASTERN CIRCUIT. No. 17. An Act to transfer Dawson county from the Blue Ridge Judicial Circuit to the Northeastern Judicial Circuit, 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 county of Dawson be transferred from the Blue Ridge Judicial Circuit to the Northeastern Judicial Circuit. Dawson county transferred to Northeastern Circuit. SEC. II. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 8, 1894. CHANGING SPRING TERMS OF PULASKI SUPERIOR COURT. No. 18. An Act to change the time of holding the spring term of Pulaski Superior Court, 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 [Illegible Text] of this Act, the time of holding the spring term of Pulaski Superior Court shall be changed from the third and fourth Mondays in May to the second and third Mondays in February of each year. Spring terms changed to 2d and 3d Mondays in February. SEC. II. Be it further enacted, That all writs, processes, orders, summonses and other proceedings returnable to said term of court prior to the passage of this Act shall be held and considered as returnable to the term of said court as herein fixed and prescribed. Return of writs, etc. SEC. III. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 8, 1894.

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TRANSFERRING DOOLY COUNTY TO SOUTHWESTERN CIRCUIT AND FIXING TERMS OF SUPERIOR COURT. No. 29. An Act to transfer the county of Dooly from the Oconee Judicial Circuit to the Southwestern Judicial Circuit and to fix the time of holding Dooly Superior Court, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act, the county of Dooly be transferred from the Oconee Judicial Circuit to the Southwestern Judicial Circuit. Dooly county transferred to Southwestern Circuit. SEC. II. Be it further enacted, That the time of holding Dooly Superior Court shall be changed from the fourth Monday in February and Monday following, and the first and second Mondays in November to the second and third Mondays in March and September. Terms of court changed to 2d and 3d Mondays in March and September. SEC. III. Be it further enacted, That all writs and processes, orders, summonses, and other proceedings returnable to said court prior to the passage of this Act shall be held and considered as returnable to the terms herein fixed and prescribed. Return of writs, 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 11, 1894. CHANGING TERMS OF DAWSON SUPERIOR COURT. No. 37. An Act to change the time of holding Dawson Superior Court, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is enacted by the authority of the same, That from and after the passage of this Act, the time of holding Dawson Superior Court shall be changed from the first Monday in March and August to the third Monday in March and the first Monday in August in each year. Terms changed to 3d Monday in March and 1st Monday in August. SEC. II. Be it further enacted by the authority aforesaid, That all writs and processes, orders, summonses, and other proceedings returnable to said court prior to the passage of this Act shall be held and considered as returnable to the terms as herein fixed and prescribed. Writs, etc., how returnable. 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 12, 1894.

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CHANGING TERMS OF McDUFFIE SUPERIOR COURT. No. 50. An Act to change the time of holding McDuffie Superior Court, and for other purposes. SECTION I. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act, the time of holding McDuffie Superior Court shall be changed from the third Monday in March and September to the third Monday in January and July of each year. Terms changed to 3d Mondays in January and July. SEC. II. Be it further enacted, That all writs and processes, orders, summonses, and other proceedings returnable to said court prior to the passage of this Act shall be held and considered as returnable to the terms as herein fixed and prescribed. Return of writs, etc. SEC. III. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 15, 1894.

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TITLE VI . EDUCATION. ACTS. Amending Act of December 21, 1893, to Systematize Finances and Increase Efficiency of the Common Schools. To Systematize the Finances and Increase the Efficiency of the Common Schools. To Decrease Tuition Non-Resident Students State Technological School. Regulating Duties Boards of Visitors and Trustees of University of Georgia, etc. AMENDING ACT OF DECEMBER 21, 1893, TO SYSTEMATIZE FINANCES AND INCREASE EFFICIENCY OF THE COMMON SCHOOLS. No. 8. An Act to amend an Act to systematize the finances and increase the efficiency of the common schools by providing for direct payment into the State treasury of all moneys belonging to the common school fund, and the use of the same for common school purposes only; for quarterly apportionments and disbursements of the common school fund; for quarterly payment of teachers; for making the school year coincident with the fiscal year, and for other purposes, approved December 21, 1893, so that public schools may be operated between January 1st and July 1st of any calendar year, and requiring that $300,000 shall be advanced each and [Illegible Text] year to the school fund out of other moneys in the treasury, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That the above recited Act be amended by adding after the word directed, in the last line of section 5, the following words: provided further , that nothing in this Act shall be construed to prevent any County Board of Education from operating its schools between January 1st and July 1st of any calendar year;

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and provided further , that the advance of $300,000, mentioned in section 4 of said Act of 1893, shall be made as therein required for each and every year until changed by statute, and the same shall be repaid out of the school fund for that year last coming into the treasury, so that said section, when amended, shall read as follows: Section 5. Be it likewise enacted, That beginning with July 1st, 1894, and continuing thereafter, the school year shall be coincident with the fiscal year of the schools, to wit: from July 1st to June 30th next following, and the State School Commissioner shall, on or before the first Tuesday in June of each year, make an approximate estimate of the entire common school fund of the State for the next succeeding year, and shall at once communicate in writing to the County School Commissioners of each county the amount of money, approximately estimated, that will be payable to his county; and on the second Tuesday in June of each year, or as soon thereafter as practicable, each County Board of Education shall meet and make the necessary arrangements for placing the schools in operation for the next school year, and shall have full authority in their discretion to fix salaries for the payment of teachers, instead of paying them according to enrollment or attendance; provided , that nothing in this Act shall be construed to affect the right of the respective counties of the State to select the time of operating their schools, which shall be left entirely to the County Boards of Education, nor shall it affect or change the time of operating schools under any special or local laws in any county of this State; provided further , it shall not affect the quarterly payment of teachers as by this Act directed; provided further , that nothing in this Act shall be construed to prevent any County Board of Education from operating its schools between January 1st and July 1st of any calendar year; and provided further that the advance of $300,000, mentioned in section 4 of said Act of 1893 shall be made as therein required for each and every year until changed by statute, and the same shall be repaid out of the school fund for that year last coming into the treasury. Sec. 5, Act of Dec. 21, 1893, amended. Right of County Board to operate schools between Jan. 1st and July 1st of calendar year. Advance of $300,000.00 to be made for each year. How to be repaid. 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 4, 1894.

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TO SYSTEMATIZE THE FINANCES AND INCREASE THE EFFICIENCY OF THE COMMON SCHOOLS. No. 137. An Act to systematize the finances and increase the efficiency of the common schools by providing for direct payment into the State treasury of all the moneys belonging to the common school fund, and the use of the same for common school purposes only; for quarterly apportionments and disbursements of the common school fund; for quarterly payments to teachers; for making the school year coincident with the calendar year; for making the school fund a fixed and certain sum, 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 beginning with taxes for the year 1895, all moneys belonging to the common school fund of the State, including poll tax and specific taxes, shall be paid direct into the State treasury in like manner as other State taxes are paid, and said common school fund shall be used for no other than common school purposes, as provided by law. Money belonging to common school fund to be paid direct into Treasury. And used for no other than common school purposes. SEC. II. Be it further enacted, That on the 31st day of March, the 30th day of June, the 30th day of September, and the 31st day of December in each year, or as soon thereafter as practicable, the Treasurer of the State shall place to the credit of each county in the State, on his books, its proportionate part of the common school fund in the treasury on each of said dates, such proportionate part to be determined by the State School Commissioner, the Comptroller-General, and the Treasurer, and to be based upon the proportion which the school population in each county bears to the school population in the State as shown by the last school census; provided , however, that the salaries of the State School Commissioner and his clerk or clerks, and the expenses of his office, and any other items properly chargeable under the law to the general school fund, shall be deducted out of the said fund before making the aforesaid apportionment to the counties. Proportion of each county to be paid to its credit by State Treasurer quarterly. How proportion to be determined. Items chargeable to general fund to be first deducted. SEC. III. Be it likewise enacted, That on or before the 30th day of April, the 31st day of July, the 31st day of October, and the 31st day of January of each year, the County School Commissioners of each county shall, under the approval of the County Board of Education, transmit to the State School Commissioner an itemized statement of the various sums due and unpaid by the County Board of Education on said several dates mentioned in section 2, whether the same be for teachers' salaries, for pay of the County School Commissioner, or for any other item of expense properly chargeable

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under the law to the County Board of Education; and when said itemized statement have been approved by the State School Commissioner and presented to the Governor, the Governor shall issue his warrants upon the Treasurer for all the funds standing to the credit of each of the several counties upon the books of the Treasurer, or for such part thereof as may be needed to liquidate the indebtedness of the County Board of Education of such county, as shown by each itemized statement aforesaid. And the State Treasurer shall, upon the presentation of the warrants aforesaid, draw his checks for the amounts of said warrants in favor of the County School Commissioners of the several counties, and the State School Commissioner shall immediately transmit said checks to the several County School Commissioners, who shall promptly disburse the money so received in payment of the sums set out in the itemized statement aforesaid; and if the money is not sufficient to pay said sums in full, then it shall be prorated among the various items; provided , that the expenses of administration for each quarter shall first be paid in full, and the County Boards of Education are hereby authorized to make their contracts in such manner that the amounts payable to teachers for services rendered up to the end of the calendar quarter shall become due on the days specified in this section. Quarterly statements by county school commissioners of sums due and unpaid by county board. When statement approved and presented warrant to be drawn. Payment of money on such warrants. Disbursement by county school commissioners. If money not sufficient to pay indebtness. When money due under contracts with teachers. SEC. IV. Be it further enacted, That beginning with January 1st, 1895, and continuing thereafter, the school year shall be coincident with the calendar year, to wit: from January 1st to December 31st thereafter, and the State School Commissioner, State Treasurer and [Illegible Text] shall, on or before the first Tuesday in December each year, beginning in 1894, or as soon thereafter as practicable, make an estimate of the entire common school fund of the State for the next succeeding school year, and shall at once communicate in writing to the County School Commissioner of each county the amount of money that will be payable to his county; and on the first Tuesday in January in each year, or as soon thereafter as practicable, each County Board of Education shall meet and make the necessary arrangements for placing the schools in operation for the next school year, and shall have full authority in their [Illegible Text] either to fix salaries for the payment of teachers, or to pay them according to enrollment or attendance; provided , that nothing in this Act shall be construed to affect the right of the respective counties of the State to select the time of operating their schools, which shall be left entirely to the County Boards of Education, nor shall it affect or change the time of operating their schools under any special or local laws in any county of this State; provided further , it shall not affect the quarterly payments of teachers as by this act directed. School year coincident with calendar year. Estimate of entire school fund for ensuing year. County school commissioners to be notified of thier proportion. County boards to arrange for operation of schools. Time of operating schools left to county boards.

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SEC. V. Be it likewise enacted, That in those counties having local school laws where scholars are sustained by local taxation for a period of five months or more, the State School Commissioner shall, on the first day of January, April, July, and October of each year, or as soon thereafter as practicable, notify the Governor of the amount of funds standing to the credit of each of such counties on the books of the Treasurer on said dates, arising from the quarterly apportionments aforesaid, and thereupon the Governor shall issue his warrants for said sums and the Treasurer shall draw his checks for said sums without requiring the itemized statements as provided in section 3; and the State School Commissioner shall immediately transmit said checks to the officer under the local school system authorized to receive its funds, and the State School Commissioner shall, in like manner, pay over to the proper officer under the school board of any town or city having a school system sustained by local taxation for a period of five months or more, and to which he is now authorized by law to make direct apportionments, such proportion of the entire county fund as shown on the books of the Treasurer as the school population of the town or city bears to the population of the county, as shown by the last school census; provided , that all children of school age resident in said county, and attending the public schools of such town or city, shall be counted in the school population of such town or city and be entitled to have their share of such county fund paid over to the proper officer of the school board of such town or city. Where there are local school laws, or there is local taxation sustaining schools. State Commissioner to notify Governor quarterly. Of amount to credit of such county. And warrant, etc. to issue therefor. Without requiring [Illegible Text] statements as above. Checks to be immediately transmitted. Payments of school boards of towns or cities. SEC. VI. Be it likewise enacted, That the school fund for each calendar year shall be a fixed and specified sum, and in order to carry out this provision the State School Commissioner, the Comptroller-General, and the Treasurer shall, on the first Tuesday of December of each year, beginning with 1894, or as soon thereafter as practicable, make an estimate of what the school fund for the ensuing year shall be from the specific taxes, direct appropriations, and from any other [Illegible Text] of supply which now belong to the school fund or may hereafter belong to the school fund, and said fund, when so estimated, shall be divided into four equal parts, and [Illegible Text] of said parts shall be available and payable at the time specified in this Act; provided , that in the event that the said specific taxes shall fall short of said estimate, then the balance necessary to meet the provisions of said estimate is hereby authorized to be paid from any fund in the treasury not otherwise appropriated. Estimate of school population. School fund for [Illegible Text] year to be a fixed sum. Estimate of school fund for ensuing year. Division of fund so estimated. If specific taxes fall short. Balance may be paid from any fund not otherwise appropriated. SEC. VII. Be it further enacted, That when the State School Commissioner, the Comptroller-General, and the [Illegible Text] shall meet on the first Tuesday in December, or as soon thereafter as practicable, as [Illegible Text] in this Act, to make the estimate of the school fund provided for in section 6 of this Act, they shall base

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said estimate upon the amount of school fund coming into the treasury for the year preceding the year for which said estimate is made. Basis of estimate of fund for [Illegible Text] year. SEC. VIII. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 13, 1894. TO DECREASE TUITION OF NON-RESIDENT STUDENTS STATE TECHNOLOGICAL SCHOOL. No. 73. An Act to decrease the tuition required of non-resident students of the State Technological School, and for other purposes. SECTION I. Be it enacted by the General Assembly of this State, That from and after the passage of this Act, the tuition fee which shall be required of pupils non-resident of the State, in [Illegible Text] on the State Technological School, shall be fifty dollars per annum instead of one hundred and fifty dollars per annum, as provided in the Act approved October 13, 1885, authorizing and founding said school. Tuition fee of non-resident pupils to be [Illegible Text] per annum. 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 17, 1894. REGULATING DUTIES BOARDS OF VISITORS AND TRUSTEES OF UNIVERSITY OF GEORGIA, ETC. No. 135. An Act to further regulate and prescribe the duties of the [Illegible Text] of Visitors and Trustees, respectively, of the University of Georgia, to confer certain powers upon the Board of Trustees, and to confer certain privileges upon the individual members thereof, and [Illegible Text] other purposes. SECTION I. Be it enacted by the General Assembly of this State, That from and after the passage of this Act, it shall be the duty of the Board of Visitors for the University of Georgia, appointed annually by the Governor under the law applicable thereto, to complete and make up the report required of them, and lay the same before the trustees of said institution, on or before the Saturday preceding the annual commencement day of said institution. The said Board of Visitors shall also, at the same time, present to

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the trustees, in writing, any matter of importance coming to their knowledge during their examination of the institution, which, in their opinion, is material to the welfare, good management, and success of the same, making such suggestions touching the matter as may seem to the said Board of Visitors meet and proper; provided , however, that the making of the report, herein provided for shall not take the place of the report now required to be made to the Governor under existing laws. When report of board of visitors be [Illegible Text] before trustees. Board of visitors to present important matters coming to their knowledge. And make such suggestions as to the same as seem proper. Report to be also made to Governor. SEC. II. Be it further enacted by the authority aforesaid, That the Board of Trustees of the University of Georgia shall give to said report and the matter accompanying the same due and careful consideration, and, in their discretion, take final action on such matters as may be therein embraced looking to the welfare, government, discipline, and success of said institution. Consideration to be given report etc., by board of trustees. Final action thereon. SEC. III. Be it further enacted by the authority aforesaid, That it shall be the duty of the members of the Board of Trustees of said institution to attend the meetings of the board, so as to take part in its deliberations, and whenever any trustee shall be engaged at the time prescribed for the annual meeting of the trustees, as counsel or party in any case pending in the courts of this State, and such case shall be called for trial during the regular sessions of said board, his absence to attend such session shall be good ground for postponement or continuance of the case till the session of the board shall have come to an end. Duty of trustees to attend meetings of board. Engagement of as counsel or party good ground for postponement of case. SEC. IV. Be it further enacted by the authority aforesaid, That in prescribing the course of study to be followed in said University it shall be the duty of the trustees, in so far as the same can be done without detriment to other departments, to encourage and promote, by the disposition of the time and attention of the students, the regular course of Bachelor of Arts, in order that said course shall not be subordinated to any other course in the institution. Pursuit of course of bachelor of arts to be encouraged. SEC. V. Be it further enacted by the authority aforesaid, That the Board of Trustees shall, in their discretion, ordain and establish such rules and measures as will, in their judgment, tend to secure the efficiency and promote the success of the two literary debating societies in said institution, and to the [Illegible Text] of oratory and composition among the students attending the exercises in these societies. Efficiency and success of the two literary societies to be promoted, etc. SEC. VI. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act shall be, and the same are, hereby repealed. Approved December 18, 1894.

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TITLE VII. RAILROADS AND OTHER CORPORATIONS. ACTS. Railroads, Purchasers of, how Incorporated. Railroad Trains Carrying Perishable Goods and Live-Stock. Tax against Railroad, Express, Sleeping-Car, and Telegraph Companies. Railroads, [Illegible Text] against, for Supplies and Live-Stock Killed. Street Railroads, how Incorporated. Street Railroads (Electric), May Sell Light and Power. Navigation Companies, how Incorporated. Banks of this State may Issue Notes. Liability of Stockholders. [Illegible Text], Statements Required. Building and Loan Associations, how Licensed. Telegraph Companies, Penalties. Charitable Institutions, how Incorporated. RAILROADS, PURCHASERS OF, HOW INCORPORATED. No. 106. An Act to amend an Act entitled an Act to carry into effect article 3, section 7, paragraph 18 of the Constitution of this State in so far as the same relates to the issuing and granting corporate powers and privileges to railroad companies by the Secretary of State, to define the powers, rights, privileges, immunities, and liabilities of such railroads, etc., approved December 18, 1892, so as to more clearly define the method of incorporating the purchaser of railroads and to prescribe further rights and powers for such incorporations, 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 9th section of the above recited Act, which prescribes the power and rights of the railroad corporations incorporated under said Act, and especially of such railroads as are sold under judicial sales, and so forth, be, and the same

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is, hereby amended by adding at the end of said section after the words seventh section of this Act, the following words: The application for incorporation by the purchaser or purchasers may be made by said purchaser or purchasers alone, or with such associates as may be desired, and the petition shall set forth only the facts showing the sale and purchase as in this section provided. If the purchasers desire any additional powers not contained in the original charter of the railroad company, but which may be obtained under the law of which this is amendatory, the said petition shall set forth specifically what additional powers are so desired. The petition shall be verified by one of the purchasers or by his counsel. When the petition is filed as aforesaid, the Secretary of State shall examine the same and issue a certificate under the great seal of the State in the form prescribed in section 3 of this Act, varied to suit the particular case. The petitioners shall pay to the Treasurer of the State a fee of fifty dollars for this service. Purchasers of railroads how incorporated. Certificate of incorporation. Ease. Cost of certificate. SEC. II. Be it enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 15, 1894. RAILROAD TRAINS CARRYING PERISHABLE GOODS RUN ON SUNDAY. No. 63. An Act to authorize the railroads in this State to run on Sunday special trains of ears when loaded with perishable fruit, or fruits, melons, live-stock, vegetables, and other perishable goods of like nature, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act it shall be lawful for railroad companies operating railroads in this State to run special fruit, melon, and vegetable trains over said railroads on Sunday; provided , said trains, or the cars composing said trains, shall contain no other freight except perishable fruits, melons, vegetables, fresh fish, oysters, fresh meats, live-stock, and other perishable goods of a like nature; and provided further , that all such trains of cars containing such fruits, melons, vegetables, live-stock, and perishable goods shall be loaded and leave the station from which they start in this State before the hour of midnight on Saturday night previous to the Sunday on which said train or cars are operated; and provided further , that nothing in this Act shall be

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so construed as to compel any railroad company to run such freight-trains or cars on Sunday. Railroad trains carrying perishable goods or live stock may be run on Sunday. SEC. II. Be it further enacted, That it shall be lawful for all freight-trains or cars loaded with such fruits, melons, vegetables, live-stock, and other perishable goods, as specified in the first section of this Act, coming into this State, to run to any point of destination in this State, or continue their run through the State on Sunday. 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 17, 1894. TAX AGAINST RAILROAD, EXPRESS, SLEEPING-CAR, AND TELEGRAPH COMPANIES. No. 32. An Act to authorize the Comptroller-General to appoint one of the Railroad Commissioners of this State to act as arbitrator in certain cases, and for other purposes. SECTION I. Be it enacted by the General Assembly of Georgia, That from and after the passage of this Act, that in all cases of disagreement between the Comptroller-General and any railroad or express company, sleeping-car companies, and telegraph companies owning property in this State, as to the taxable value of their said property, and where said differences are referred to arbitrator, the Comptroller-General shall appoint any one of the Railroad Commissioners to act as arbitrator for the State, in each case, and it shall be the duty of said Railroad Commissioner, when thus appointed, to perform the duty of arbitrator without any additional compensation to his regular salary. Arbitration to assess tax against railroad, express sleeping-car and telegraph companies. SEC. II. Be it further enacted, That all laws and parts of laws in conflict with this Act are hereby repealed. Approved December 12, 1894.

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RAILROADS, LIENS AGAINST, AND HOW ENFORCED. No. 112. An Act to fix a lien on the property of railroad companies in favor of persons furnishing material and supplies, etc., and also in favor of persons having claims against said companies for live-stock killed by their engines or cars, to said company, and to prescribe the manner of paying the same, and for other purposes. SECTION I. Be in enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act, all persons furnishing material, supplies, or other articles necessary to the operation of any railroad company, which is operated in this State, and all persons having claims against such company for live-stock killed by its engines or cars, shall have a lien upon the property of the company for the amounts due for such supplies, material, or other necessary articles furnished within six months preceding the institution of proceedings to enforce the same, for the amounts due to them for damages for the killing of such live-stock, which lien shall be superior in dignity to any mortgage or other contract lien hereafter created by said railroad company. Railroads, liens against for supplies, etc., and for live-stock killed. SEC. II. Be it further enacted by the authority aforesaid, That whenever any railroad in operation in this State has been put in the hands of a receiver, by any court in this State, it shall be the duty of the presiding judge to order the payments on account of the liabilities specified in this Act, out of the income of the property available for that purpose, so soon as the amounts aforesaid have been liquidated, or if disputed, have been judicially ascertained, without awaiting the final judgment in said cause. Whenever such railroad shall be seized by a trustee or other person than through the instrumentality of a court of justice, it shall be the duty of such person so seizing said railroad to pay the liabilities aforesaid out of the first moneys arising from the operations of the road next after the payments due for wages of employees and other claims superior in dignity to the claims aforesaid. No such seizure by such trustee or other person, other than through a court of justice, shall have the effect to prevent proceedings against the railroad property, on the part of persons having such claims, to collect and secure the same by due process of law. Such liens not defeated by receivership or other seizure. 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. Repeals conflicting laws. Approved December 18, 1894.

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STREET RAILROADS, HOW INCORPORATED. No. 114. An Act to repeal section 16 of an Act entitled an Act to carry into effect article 3, section 7, paragraph 18 of the Constitution of this State, in so far as the same relates to the issuing and granting corporate powers and privileges to railroad companies by the Secretary of State, to define the powers, rights, privileges, immunities, and liabilities of such railroads, to regulate the same to provide for the consolidation of the same; to build branches and make extensions thereof, to enable the same to run navigation lines in connection therewith, to provide for the purchase or lease of one railroad by another, to grant renewals of charters, and for other purposes; and to insert a provision for the incorporation of street railroad companies in [Illegible Text] 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 section 16 of an Act entitled an Act to carry into effect article 3, section 7, paragraph 18 of the Constitution of this State, in so far as the same relates to the issuing and granting corporate powers and privileges to railroad companies by the Secretary of State, to define the powers, rights, privileges, immunities, and liabilities of such railroads, to regulate the same, to provide for the consolidation of the same, to build branches and make extensions thereof, to enable the same to run navigation lines in connection therewith, to provide for the purchase or lease of one railroad by another, to grant renewals of charters, and for other purposes, approved December 17, 1892, be, and the same is, hereby repealed, and that in lieu thereof the following shall be inserted as section 16 of said Act, and shall become a part of said Act and of the general law of this State governing the incorporation of railroads, viz.: All the provisions of this Act shall apply to and govern in the incorporation, control, and management of suburban and street railroad companies, in so far as the same are applicable and appropriate thereto. Any number of persons, not less than ten, who desire to be incorporated for that purpose, may form a company as provided in section 2 of this Act, with this additional requirement, that they must in their petition specify what city, town, or village, and in what streets thereof, they propose to construct and build said railroad; provided , that no street railroad incorporated under this Act shall be constructed within the limits of any incorporated town or city without the consent of the corporate authorities; and provided further , that all such street railroad companies incorporated under this Act shall be subject to all

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just and reasonable rules and regulations by the corporate authorities and liable for all assessments and other lawful burdens that may be imposed upon them from time to time; and provided further , only such of the powers and franchises that are conferred by this Act shall belong to said street railroad companies as shall be necessary and appropriate thereto; and in case any street railroad incorporated under this Act shall be partly located in an incorporated town or city and partly located in the country, then the provisions of this act which apply to other railroads located in the country shall apply to it so far as that portion of its road is concerned. Sec. 16 of General Railroad Act, approved Dec. 17, 1892, repealed. Street railroads, how incorporated. SEC. II. Be it further enacted, That all laws or parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 18, 1894. ELECTRIC STREET RAILROAD COMPANIES MAY SELL LIGHT AND POWER. No. 87. An Act to authorize and empower electric street and suburban railroad companies to generate and furnish, for reasonable compensation, electric light and power to consumers thereof. SECTION I. Be it enacted by the General Assembly of Georgia, That electric street and suburban railroad companies, now or hereafter incorporated under the laws of this State, may operate electric plants and generate and furnish electric light and electric power to any town or city within the limits of the county in which such railroad is located, and also to corporations, companies, and private citizens residing or doing business within the limits thereof, and may charge and collect reasonable compensation for the same, or such other compensation as may be agreed on with the consumers thereof. Electric street railroad companies may sell light and power. SEC. II. Be it further enacted, That such companies may buy, own, hold, and use such property as may be necessary or convenient to the exercise of the foregoing powers. May acquire property for the purpose. SEC. III. Be it further enacted, That any railroad company desiring to accept the provisions of this Act, as a part of its charter, may, by resolution of its Board of Directors, filed with the Secretary of State, so signify, and the certificate of the Secretary of State, that such resolution has been filed with him shall be conclusive evidence thereof and shall clothe such company with the powers herein contained. Privileges of this Act, how acquired. SEC. IV. 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 15, 1894.

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NAVIGATION COMPANIES, HOW INCORPORATED. No. 11. An Act to carry into effect article 3, section 7, paragraph 18 of the Constitution of this State, in so far as the same relates to the issuing and granting of corporate powers and privileges to navigation companies by the Secretary of State; to define the powers, rights, privileges, immunities, and liabilities of such navigation companies; to regulate the same; to grant renewals of charters, and for other purposes. SECTION I. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act, all corporate powers and privileges to navigation companies in this State shall be issued and granted by the Secretary of State, upon the terms, liabilities, restrictions, and subject to all the provisions of this Act and the Constitution of this State. Navigation companies, how incorporated. SEC. II. Be it further enacted, That any number of persons, not less than five, who desire to be incorporated for that purpose, may form a company, but before receiving a certificate of incorporation under this Act shall first file a petition in writing, addressed to the Secretary of State, in which shall be stated the names and residences of each of the persons desiring to form said corporation, the name of the navigation company they desire to have incorporated, the amount of the proposed capital stock of said company, the number of years it is to continue, the place where its principal office is to be located, a request to be incorporated under the laws of this State; that they have given four weeks' notice of their intention to apply for said charter by publication of the petition in one of the newspapers in which the sheriff's advertisements are published for said county, once a week for four weeks before filing said petition. There shall be annexed to the petition an affidavit, made by at least three of the persons forming said company, that the names subscribed are the genuine signatures of the persons named therein, and that the facts stated in the petition are true to the best of their knowledge, information, and belief. Said petition, thus sworn to, shall be filed in the office of the Secretary of State, who shall indorse thereon the date of filing and record of the same in a book to be kept by him for that purpose, which said book shall be open to the inspection of the public at all times during the office hours of the Secretary of State. Petition by whom and where filed [Illegible Text] contents. SEC. III. Be it further enacted, That when said petition shall have been filed with said Secretary, he shall issue to said company, under the great seal of the State, the following form of certificate, to wit:

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To all whom these Presents may come GREETING: WHEREAS, In pursuance of an Act of the General Assembly of Georgia, approved....., 189....., and (naming the persons who signed the petition) having filed in the office of the Secretary of State a certain petition seeking the formation of a corporation to be known as (here insert corporate name), with a capital stock of $....., for the purpose of owning, constructing, equipping, maintaining, and operating vessels, steamboats, and all other water-crafts to be engaged in navigation, and having complied with the statutes in such cases made and provided; therefore, the State of Georgia hereby grants unto the above-named persons, their successors, and assigns full authority, by and under the said name of....., to exercise the powers and privileges of a corporation for the purposes above stated, subject to the provisions of article 4 of the Constitution of this State, and all laws governing such navigation companies of force at the date of the granting of this certificate or that may hereafter become of force, either by constitutional or statute law. Certificate of incorporation. In witness whereof these presents have been signed by the Secretary of State, and to which is annexed the great seal of the State of Georgia, at Atlanta, Georgia, this..... day of....., 18...... Thereupon, the persons who signed said petition, and all persons who shall become stockholders in such company, shall be a corporation by the name specified in said petition and certificate, and shall possess the powers and privileges and be subject to the provisions contained in this Act. Before the Secretary of State shall issue said certificate the petitioners shall pay to the Treasurer of the State a fee of fifty dollars. Cost of certificate. SEC. IV. Be it further enacted, That before the Secretary of State shall issue the certificate mentioned in section 3 of this Act, he shall satisfy himself that all the requirements of this Act, anterior to the filing of said petition, and have been substantially complied with, and any certificate, or duplicate thereof, issued under this Act by the Secretary of State, shall be conclusive evidence of the existence of such corporation in all the courts and places in this State, and of a compliance with all the requirements of this Act. That when such certificate has been issued, the persons named therein, in case they shall not have subscribed for the entire capital stock, may open books of subscription to complete the subscription to the capital stock of said company, in such manner and for such amount per share as they may deem proper and expedient, and receive said subscriptions until the entire capital stock is subscribed. In no case shall said capital stock be increased except as hereinafter provided. Certificate evidence of incorporation. Stocks, subscriptions for. SEC. V. Be it further enacted, That when the amount of capital stock has been subscribed, the persons named in said certificate of incorporation, or a majority of them, are authorized to call a meeting

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of the stockholders for the purpose of organization, which meeting shall be held in the city or town or place where the principal office of said company shall be located, and of which meeting notice shall have been given as herein provided. At said meeting, at which a majority of stock subscribed shall constitute a quorum, there shall be elected a board of directors of not less than five nor more than seven to manage the affairs of said company, each share of stock to be entitled to one vote, and a plurality of votes cast being necessary to elect. The persons so elected shall continue in office until relieved by their successors. No person shall be a director in said company, unless he be a stockholder, and a majority of the directors must be citizen of this State. The board of directors shall select from their number a president, and may elect one or more vice-presidents, and may appoint a secretary, treasurer, and such other [Illegible Text] agents, and servants as they may deem necessary. The regular [Illegible Text] of directors shall be held annually at the principal office of said company. Vacancies occasioned by death, resignation, or otherwise shall be filled in such manner as shall be provided by the by-laws of the company. Organization of company. Annual meetings for election of officers. SEC. VI. Be it further enacted, That the directors may require the subscribers to the capital stock, to pay the amounts variously subscribed by them in such instalments as they may deem proper, and the directors may receive cash or property, real or personal, at the agreed value thereof, in the payment of such instalments. If any subscriber shall neglect to pay any instalments as required by resolution of the board of directors, the directors may direct suit to be brought against him forthwith for the amount of such call, or may in their discretion, after thirty days' notice to such stockholder, cause his said stock to be put up and sold at auction to the highest bidder for cash, and any deficiency in the sum thus realized necessary to make the amount of the call shall be made good by the delinquent; any surplus over the amount of the call and the expenses of said sale shall be paid over to him. A certificate of stock shall be issued to the purchaser, and he shall stand in the same relation to the company as the delinquent would have had he not so made default. Such sale shall be in the city, town, or place where the principal office of the company is located, at such time and place as the directors may prescribe. If for any reason it is not practicable to serve such delinquent stockholder with notice of such sale, personally or by mail, or if he be a non-resident of this State, then notice may be given him of such sale by publication in which sheriff's advertisement are published in the county of its principal office once a week for four weeks prior to the date of such sale. Subscriptions to stock, how paid. SEC. VII. Be it further enacted, That the stock in said company shall be deemed personal property, and shall be transferable in such

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manner as may be prescribed by the by-laws of said companies. In no case shall said capital stock be increased except by a vote of two-thirds of the capital stock of said corporation represented at an annual or special meeting of stockholders called for that purpose, and after not less than ten days' notice, published in the newspaper in which the sheriff's advertisements are published in the county of its principal office. The stock may be voted in person or by written proxy. Stock, personal property, how transferred. How increased. SEC. VIII. Be it further enacted, That said company shall be empowered, 1st. To acquire, purchase, hold, and operate, in addition to the personal property mentioned in the second section of this Act, all such real and personal property as may be necessary or convenient for the maintenance and operation of its said business and to accomplish the purposes of its organization. Powers of corporation. 2d. To take and convey persons, vessels, and other property, by the use of steam, sail, or other means, and to receive compensation therefor; and to do all other things incident to a general navigation business, including the right to tow, assist, and rescue vessels. 3d. To erect and maintain convenient buildings, wharves, docks, fixtures, and machinery for the accommodation and use of their passengers, freight, and other business. 4th. To regulate the time and manner in which passengers, vessels, and other property shall be transported, and the compensation to be paid therefor, subject to any existing law of this State upon the subject. 5th. To borrow such sum or sums of money, at such rates of interest and upon such terms as said company or its directors may agree upon, and may execute trust deeds or mortgages, or both, if, in their judgment, the occasion may require it, for securing the payment thereof. SEC. IX. Be it further enacted, That any navigation company that has been already incorporated prior to the passage of this Act, whether by the General Assembly or otherwise, may amend its charter by adopting the provisions of this Act, or by extending the time of expiration of its original charter for a period not exceeding fifty years; and when it has so amended its charter, it may retain its original organization and the same amount of capital stock and other rights and privileges provided for in the said original charter, except the right of exemption from taxation, which may not be in conflict with this Act or any other Act in force in this State relating to the powers and privileges of such corporations; and such amendments shall be without prejudice to any of the prior rights or contracts of said corporation; and the provisions of this Act may also be adopted by any person or persons now owning or operating

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a navigation business in this State without prejudice to such organization as they may have already effected, and without prejudice to their existing contracts and obligations. Whenever any navigation company desires to amend its charter, or any person or persons desire to adopt the provisions of this Act as above provided, it or they shall file a petition with the Secretary of State, setting forth particularly in what manner it is desired to amend its charter or adopt the provisions of this Act. When such petition is filed, the Secretary of State shall issue to said company, or person or persons, under the great seal of the State, a certificate setting forth the manner in which the charter is amended, if the petition was for amendment, or if the petition was to adopt the provisions of this Act, then a certificate setting forth that said persons are a body corporate, with all the powers, duties, and liabilities of this Act. Before said certificate shall be issued, said petitioner, or petitioners, shall pay to the Treasurer of the State the sum of twenty-five dollars. Navigation companies heretofore incorporated may acquire benefits of this Act. Owners of navigation business may adopt. 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 December 6, 1894. BANKS OF THIS STATE, NOTES OF. No. 90. An Act to authorize banks incorporated under the laws of this State to issue circulating [Illegible Text] and for other purposes. SECTION I. Be it enacted by the General Assembly of Georgia, That all banks incorporated under the laws of this State, are authorized to issue circulating notes under such terms and conditions as may hereafter be prescribed by the Congress of the United States. Banks of this State may issue notes. SEC. II. Be it further enacted, That in the event of any Act of Congress requiring that a deposit be made with some designated officer of this State as a condition precedent to any bank issuing circulating currency, the Treasurer of this State is hereby designated as the officer with whom said deposit should be made, and the said Treasurer will be authorized to receipt for and assume the safe keeping of the same. State Treasurer bank [Illegible Text] 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 17, 1894.

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STOCKHOLDERS, LIABILITY OF. No. 122. An Act to provide in what manner stockholders in banks and other [Illegible Text] having individual liability shall be relieved of the same; to provide whom recourse may be had against; to provide that such liability shall be an asset of the bank or other corporation; to provide that the creditors of such bank or other corporation shall have the right to inspect a list of such stockholders, and to provide a penalty upon any officer of such bank or other corporation for refusing to permit such inspection, 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, whenever a stockholder in any bank or other corporation is individually liable under the charter, and shall transfer his stock, he shall be exempt from such liability by such transfer, unless such bank or other corporation shall fail within six months from the date of such transfer. Liability of stockholder after transfer of stock. SEC. II. Be it further enacted, That the stockholders in whose names the capital stock stands upon the books of such bank or other corporation at the date of its failure shall be primarily liable to respond upon such individual liability; but upon proof made that any of said shareholders at the date of the failure are insolvent, recourse may be had against the person or persons from whom such insolvent shareholder received his stock, if within a period of six months prior to the date of the failure of such bank or other corporation. Liability of stockholder when corporation fails. SEC. III. Be it further enacted, That such individual liability shall be an asset of such bank or other incorporation, to be enforced by the assignee, receiver, or other officer having the legal right to collect, marshal, and distribute the assets of such failed bank or other corporation. Liability of stockholder an asset. SEC. IV. Be it further enacted by the authority aforesaid, That all banks and other corporations, whose shareholders are individually liable under their charter, shall keep on hand at all times a true and correct list of the shareholders of such bank or other corporation, and it shall be the right of any creditor of such bank or other corporation to inspect the same at any time during the business hours of any working day, and it is hereby made the duty of the president and other officers of the bank or other corporation to produce such tests, from time to time, as may be required by any creditor of said bank or other corporation. List of stockholders to be exhibited to creditors of corporation.

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SEC. V. Be it further enacted by the authority aforesaid, That the president and other officers of such bank or other corporation in charge of its business at the time such demand is made by any creditor to inspect the list of shareholders, who shall fail or refuse, upon such demand made by any creditor of said bank or corporation within the business hours of any working day, to permit such creditor to inspect such list of shareholders, shall be guilty of a misdemeanor, and, upon conviction by any court having jurisdiction of the same, shall be punished as prescribed in section 4310 of the Code of Georgia. Refusal to exhibit list a misdemeanor. SEC. VI. Be it further enacted, That all laws and parts of laws in conflict with this law be, and the same are, hereby repealed. Approved December 18, 1894. BANKS, STATEMENTS OF PUBLICATION, ETC. No. 81. An Act to amend an Act which was entitled an Act to regulate banks, and for other purposes, approved October 10, 1891, so as to require the bank or corporation to make statements when called for by the State Bank Examiner, also to prescribe penalty for failing to do so and collection of same, and for other purposes. SECTION I. Be it enacted by the General Assembly of Georgia, and by authority of same, That from and after the passage of this Act, an Act entitled an Act to regulate banks, and for other purposes, approved October 10, 1891, be, and the same is, hereby amended by striking out in the fifth line of section [Illegible Text] of said Act, all the words coming after the word make, in said section [Illegible Text] and insert in lieu thereof the following: to the State Bank Examiner statements under oath and not to exceed four during each year, and publish same in local papers at the expense of the bank or corporation; said statement to be made whenever so requested by the State Bank Examiner, showing the resources and liabilities of the bank or corporation at the close of business on any past day specified by said Bank Examiner, the same to be transmitted to the Bank Examiner within ten (10) days [Illegible Text] the receipt of said request; and any bank or corporation failing to comply with such request, without satisfactory reasons shown to the Bank Examiner, shall be fined the sum of fifty dollars for each violation, the same to be collected by the Comptroller-General in the manner and form as now allowed by him for all collection of such penalties, so that said section 1, when so amended, shall read as follows: That from and after the passage of this Act, all banks and corporations doing a banking

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business, authorized by the laws of Georgia to do a banking business in this State, must make to the State Bank Examiner statements under oath, and not to exceed four during each year, and to publish the same in the local papers at the expense of the bank or corporation; said statement to be made whenever so requested by the State Bank Examiner, showing the resources and liabilities of the bank or corporation at the close of business on any past day specified by said Bank Examiner, the same to be transmitted to the Bank Examiner within ten (10) days after the receipt of such request; and any bank or corporation failing to comply with said request, without satisfactory reasons shown to the Bank Examiner, shall be fined the sum of fifty dollars for each violation, the same to be collected by the Comptroller-General in the manner and form as now allowed by law for the collection of such penalties. Banks required to make statements and publish the same. SEC. II. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 18, 1894. BUILDING AND LOAN ASSOCITAIONS, HOW LICENSED. No. 104. An Act to amend an Act to regulate the business of building and loan associations heretofore or hereafter incorporated under the laws of this State, which do business outside of this State, and also building and loan associations organized under the laws of any other State, Territory, or foreign government, which do business in this State, approved October 19, 1891, by adding a section thereto to be known as section 14, providing that when the fees required of said building and loan associations by said Act of October 19, 1891, shall be paid, the same shall operate as a license to such building and loan associations to carry on business in the State of Georgia, and shall be in lieu of all other licenses, whether State, county, or municipal, except a business license by the town or city in which the principal office of any such association is located. 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 mentioned Act, approved October 19, 1891, be, and the same is, hereby amended by the addition thereto of the following to be known as section 14, to wit: Be it further enacted by the authority aforesaid, That the fees required by this Act to be paid by building and loan associations, when paid, shall operate

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as a license to such associations to carry on business in the State of Georgia, and shall be in lieu of any and all licenses and fees, whether State, county, or municipal, to be exacted of such associations for doing business in this State, except a business license by the town or city in which the principal office of any such association is located; provided , that this shall not be construed to exempt such assiciations from liability for such ad valorum tax on their capital stock as may now be required by law, to be paid to the State and county in the county of their domicile, or on any real and personal property other than their capital stock held and owned by such associations. Building and Loan Associations, how licensed. SEC. II. Be it enacted by the authority aforesaid, That the number of the present section 14 to said Act be, and the same is, hereby changed to section 15, and all laws in conflict herewith are hereby repealed. Approved December 17, 1894. TELEGRAPH COMPANIES, PENALTIES, ETC. No. 96. Act to repeal an Act, approved October 22, 1887, prescribing the duty of electric telegraph companies as to receiving and transmitting dispatches, to prescribe penalties for violation thereof, and for other purposes; and the Act amendatory thereof, approved December 20, 1892, entitled an Act to amend an Act entitled an Act to prescribe the duty of electric telegraph companies as to receiving and transmitting dispatches, to prescribe penalties for violations thereof, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act, that the Act entitled an Act to prescribe the duty of electric telegraph companies as to receiving and transmitting dispatches, to prescribe penalties for violation thereof, and for other purposes, approved October 22, 1887; and the Act amendatory thereof, entitled an Act to amend an Act entitled an Act to prescribe the duty of electric telegraph companies as to receiving and transmitting dispatches, to prescribe penalties for violations thereof, and for other purposes, approved December 20th, 1892, be, and the same are, hereby repealed. Telegraph companies, act prescribing penalties repealed. 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 December 17, 1894.

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CHARITABLE INSTITUTIONS, HOW INCORPORATED. No. 72. An Act to regulate benevolent institutions in this State, to define the powers of those now or hereafter incorporated, and to provide for the incorporation 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, any three or more persons desiring a charter for any benevolent institution, shall file in the office of the clerk of the superior court of the county in which they desire to transact business, a petition or declaration specifying the objects of their association, together with their corporate name, and the time (not exceeding fifty years) for which they desire to be incorporated; which petition shall be recorded by said clerk, and shall also be published once a week for four weeks in the nearest public gazette to the point where such institution is to be located, before said court shall pass an order declaring said application to be granted. Charitable institutions, how incorporated. SEC. II. Be it further enacted, That said corporation shall have power to purchase and hold real estate sufficient for the actual occupation and necessary uses of the society or institution, and may receive, by gift or devise, property of any kind, on the terms contained in the gift or devise. May hold real estate and receive gifts. SEC. III. Be it further enacted, That the directors or board of managers of such institution shall have power to make by-laws and regulations for the government of the institution, and may control the children under their care, and prescribe their course of instruction and management to the same extent and with the same rights as in the case of natural guardians. Government of such institutions. SEC IV. Be it further enacted, That in all cases where a child shall have been surrendered by its natural guardian or custodian to the care and management of any such institution, by any instrument or declaration in writing, or committed to its custody according to law, it shall be lawful for the directors or board of managers, at their discretion, to place such child, by adoption or at service, in some suitable employment, and with some proper person or persons; provided , that in all such cases the terms of the indenture shall be first approved by the ordinary of the county, which approval shall be signified on such indenture by the signature of said ordinary; but in every such case the requisite provisions shall be inserted in the indenture or contract of binding to secure the child so bound such treatment, education, or instruction as shall be suitable and useful to its situation and circumstances in life; and in all such cases where a child shall have been surrendered by its natural guardian

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or other legal custodian to the care and management of such institution without any instrument or declaration in writing, but because of poverty or other inability to care for such child, it shall be lawful for the board of managers to place such child, for adoption or at service, in the manner hereinbefore provided, after having kept such child at least one year, and there being no reasonable probability of such parent or custodian being able to resume the care of such child. Custody, care and indenture, of children. SEC. V. Be it further enacted, That in case of the death or legal incapacity of a father, or of his imprisonment for crime, or of his abandoning and neglecting to provide for his family, the mother shall be deemed the guardian of her children for the purpose of making such surrender as aforesaid and if in any such case, the mother be either dead or legally incapable of acting, or imprisoned for crime, or an inmate of a house of ill-fame, or shall have abandoned or neglected to provide for her child or children, the ordinary of the county in which such institution is established shall be, by virtue of his office, the legal guardian for the like purpose; and in all cases where said child has been abandoned by the person legally entitled to its custody, the said ordinary shall be ex officio such guardian for the same purpose, and in either case, whether such surrender be made by the mother or by the ordinary, and whether before or after admission into said institution, it shall be deemed a legal surrender for the purposes and within the true intent and meaning of this Act. Abandoned children, how committed to such institutions. SEC. VI. Whenever any girl under the age of fourteen, or any boy under the age of ten years, shall be found by any policeman or other officer of the county in which any such institution, devoted to the relief or care of children is located, in any street, highway, or public place in said county, or any city therein, in circumstances of destitution and suffering or abandonment, exposure or neglect, or of beggary, or in any house of ill-fame, it shall be the duty of any such policeman or other officer to bring such child before the mayor, recorder, or other judicial officer in said county, or any city therein, for examination as to the cause of such suffering, exposure, or neglect; whenever any such child is so brought before the mayor, recorder, or other magistrate, etc., and it shall be proved to the satisfaction of such mayor or other judicial officer, by competent testimony, that by reason of the neglect, habitual drunkenness, or other vicious habits of the parents or lawful guardians, or the person having the custody of such child, that it is a proper object for the care and instruction of such institution located in such county, such mayor, recorder, or other magistrate, instead of committing such child to the almshouse, or such other place, if any, as may have been provided by the city or county authorities of such county, may, in

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his discretion, by warrant in writing under his hand, commit such child to such institution, to be and remain under the guardianship of its managers until therefrom discharged in the manner prescribed by law. Destitute children, how committed. SEC. VII. Be it further enacted, That any order so made by any such mayor, recorder, or magistrate may be executed by any policeman or constable to whom it shall be delivered by the official issuing it, by conveying the child therein named to such institution, and such child shall be detained in said institution until discharged or removed therefrom in the manner hereinafter provided. Commitment, how executed. SEC. VIII. Be it further enacted, That immediately upon the making of any such order, the officer making the same shall deliver to the policeman or constable a notice in writing addressed to the father of such child, if its father be living and resident within the county, and if not, then to its mother, if she be living and so resident, and if there be no father or mother of such child, then addressed to the lawful guardian of such child, if any, or to the person with whom, according to the examination of the child and the testimony, if any, received by the mayor, recorder, or magistrate, such child may reside; in which notice the party to whom the same is addressed shall be informed of the commitment of such child to said institution, and shall be notified that unless taken therefrom in the manner prescribed by law within ten days after the service of such notice, the child therein named shall be deemed legally surrendered to the institution for the purposes and within the true intent and meaning of this Act. Notice of commitment. SEC. IX. Be it further enacted, That such notice shall be served by the officer to whom it shall be delivered by delivering the same to the party to whom it shall have been addressed personally, or by leaving it with some person of sufficient age, at the place of residence or business of such party, and it shall be the duty of such officer immediately to report the fact and the time and manner of such service to the officer issuing the notice. Service of notice. SEC. X. Be it further enacted, That, if the party to whom such notice shall have been addressed, or any other person shall, within the time specified therein, prove to the satisfaction of the officer issuing the same, that the circumstances of want and suffering, or other circumstances under which child shall have been found, have not been occasioned by the habitual neglect or misconduct of the parents or legal guardian of such child, then it shall be the duty of such magistrate, by order in writing addressed to the directors or managers of said institution, to direct such managers to deliver such child to the custody of the party named in such order, who shall thereupon be entitled to take such child away from the said institution. Parent or guardian may recover custody of child.

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SEC. XI. Be it further enacted, That if such proof shall not be produced within the time above prescribed, it shall be the duty of the officer by whom such child shall have been committed to said institution, to make and transmit to the directors or managers thereof a notice in writing to that effect. SEC. XII. Be it further enacted, If any child who has been previously arrested and delivered to the parent or guardian, as hereinbefore provided, shall again be found in either of the conditions hereinbefore described, the officer before whom such child is brought, upon proof thereof, may afterward make a final order committing such child to the care and instruction of the institution, without giving the notice hereinbefore provided for. Second commitment final. SEC. XIII. Be it further enacted, That if, at any time after the child shall have been committed to said institution, as above provided for in this Act, it shall be made to appear to the satisfaction of the directors or board of managers of said institution, that such child was, on insufficient cause, false or deficient testimony, or otherwise wrongfully or improvidently so committed, the said directors or board of managers shall, on the application of the parents, guardian, or protector; and also, if, after a child shall have been properly committed to said institution by virtue and in pursuance of the provisions of this Act, any circumstances should occur which, in the judgment of the directors or board of managers of said institution, would render expedient and proper the discharge of such child from the guardianship of said board, having a due regard for the welfare of such child and the purposes of the institution, the said directors or board of managers, on the application of the parents, guardian, or protector of such child, may, in their discretion, deliver up the child to its parents, guardian, or protector, on such reasonable condition as the said directors or board of managers may deem right and proper; provided , the consent of the ordinary shall be first obtained. Managers of such institutions may surrender custody of children to parents of guardians. SEC. XIV. Be it further enacted, That the said directors or board of managers shall have power, and it shall be their duty, whenever any child intrusted or committed to their charge shall, by the commission of any infamous crime, or by confirmed habits of [Illegible Text], have become so degraded and debased as to be an improper subject for their care and management, to return such child to the committing officer or other proper authority, to be disposed of in due course of law. Debased children may be restored to committing officer. SEC. XV. Be it further enacted, That if any party to whom the directors or board of managers of said institution shall have intrusted a child shall be guilty of any cruelty, misuse, and refusal or neglect to furnish the necessary provisions or clothing, or of any other violation of the terms of indenture or contract, to any such child so indentured, such child, or any reliable person, may make

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complaint thereof to any justice of the peace of the county in which such child is so indentured, or to the mayor, recorder, or other judicial officer of any city in the county in which such child is bound to service; and it shall be the duty of such officer to summon the parties before him and examine into, hear, and determine the said complaint, and if, upon such examination, the said complaint shall appear well founded, such officer shall, by certificate under his hand, discharge such child from his obligation of service and restore him or her to the charge and management of such institution in the same manner and with like powers as before the indenture of such child. Indenture how revoked. SEC. XVI. Be it further enacted, That the directors or board of managers of such institution shall be the guardian of every child indentured by virtue and in pursuance of the provisions of this Act, to the extent that they shall take care that the terms in the contract be faithfully fulfilled, and that such ward be properly treated; and it, is hereby made their special duty to inquire into the treatment of every such child and redress any grievance in the manner [Illegible Text] by law; and it shall be the duty of the person to whom any such child shall be indentured, and he shall, by the terms of the indenture, be required, as often as once in six months to report to said directors or board of managers the conduct and behavior of said apprentice and anything of special interest pertaining to his welfare. Guardians of children indentured. SEC. XVII. Be it further enacted, That all laws in conflict with this Act be, and the same are, hereby repealed. Approved December 18, 1894.

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TITLE VIII . MISCELLANEOUS. ACTS. Establishing State Boards of Medical Examiners, etc. Amending Act November 12, 1889, as to Number of Creditors necessary Plaintiffs to Creditor's Bill Regulating Assignments for Benefit of Creditors. Authorizing County Judges to hold Court in other Counties than those of their Residence. Providing for Sale of Homesteads upon Application of Beneficiaries. Amending Act as to Payment Insolvent [Illegible Text] [Illegible Text]-General Augusta Circuit. Providing for State [Illegible Text] Board. Method of Condemning, etc., Private Property. Providing for Third-Class Roads. Levy and Sale of Property where Defendant [Illegible Text] not Legal Title, but an Interest, etc. Probate Foreign Wills, etc. Aiding Escape of Patient from the Lunatic Asylum. Descent of Property where Persons are Lost and it is not Ascertainable which Died First. Providing for State Bureau of Immigration. Setting Fire to Ship, Cargo, etc. Authorizing Brokers to Place Insurance for Companies not Licensed in this State, etc. Fixing Legal Weight of Tan Bark. Amending Act Reviving Office of State Geologist, etc. ElectricityRent or Sale of Power. Amending Act as to Sale under County Court [Illegible Text] General Registration Law. Auditor's Appointment, Duties, etc. Sale of Northeastern Railroad. ESTABLISHING STATE BOARDS OF MEDICAL EXAMINERS. ETC. No. 31. An Act to establish Boards of Medical Examiners for the State of Georgia; to define their duties and powers; to protect the people from illegal and unqualified practitioners of medicine and surgery; to regulate the issuing and recording of licenses; to prescribe penalties for the violation of this 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 within thirty days after the passage of this [Illegible Text] it shall be the duty of the

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Governor to appoint for this State three separate Boards of Medical Examiners of five members each, as follows: One board to consist of five members of the regular school of medicine; one board of five members of the [Illegible Text] school of medicine; and one board of five members of the homeopathic school of medicine. The members of each of said boards shall be men learned in medicine and surgery, of good moral and professional character, and graduates of reputable medical colleges; but none of them shall be members of the faculty of an medical college. Each of said three boards shall be wholly independent of and separate from the other two in the performance of the duties herein required of each of said boards. A majority of each board shall constitute a quorum. Governor to appoint three boards. Composition of the boards. Qualifications for member ship. Each board to be independent of the others. Quorum. SEC. II. Be it further enacted, That the term of office of said members shall be for the term of three years; provided , that two members of each board shall first be appointed for one year, two for two years, and one for three years; and subsequently each appointment shall be for the full term of three years. Any vacancy that may occur in said board, in consequence of death, resignation, removal from the State, or from other cause, shall be filled for the unexpired term by the Governor. Terms of office. Vacancies. SEC. III. Be it further enacted, That immediately and before entering upon the duties of said office, the members of said Boards of Medical Examiners shall take the following oath: I do swear that I will faithfully perform the duties of a member of the Board of Medical Examiners for the State of Georgia to the best of my ability, so help me God, and shall file the same in the office of the Governor of the State, who, upon receiving the said oath of office, shall issue to each examiner a certificate of appointment. Oath of office. Certifiate of appointment. SEC. IV. Be it further enacted, That immediately after the appointment and qualification of said members, each board shall meet and organize. The officers of said board shall be a president, vicepresident, and secretary (who shall act as treasurer). Said officers shall be members of and elected by their respective boards. Each board shall hold two regular meetings in each year. One meeting shall be held at such time on or just before graduation day of each medical college now chartered, or that may hereafter be chartered, in this State, and the board of examiners, after consultation with the faculty of said college, shall fix a time for its meeting to suit a majority of the students graduating from said college; the other, on the second Tuesday in October. The first meeting shall be held in the city of Atlanta, and the succeeding meetings of each board may be held in such city as each board may determine for itself. Special meetings may be held upon the call of the president and two members of each board; but there shall not be less than two regular meetings in each year. Each board may prescribe rules, regulations, and by-laws for its proceedings and government, and shall keep permanent record of its actions. And each board shall examine and pass upon the qualifications of applicants for the practice of medicine in the State, as herein prescribed. Organization. Officers. Regular meetings. Special meetings. Rules, by laws, etc. Minutes. Board to pass upon qualification of applicants to [Illegible Text] [Illegible Text]. SEC. V. Be it further enacted, That it shall be the duty of each board, at any of its meetings, to examine only persons making application to it, who are graduates of an incorporated medical college, school, or university that requires not less than three full courses of study of six months each, who shall desire to commence the practice of medicine or surgery in the State, and who shall not by the provisions of this Act be exempt from such examination; but any person now matriculated as a student of medicine at any medical college, after graduation, and any person from another State who shall have graduated prior to April 1st, 1895, at a lawfully chartered medical college requiring only two full courses of study, shall be eligible for examination and license; provided [Illegible Text] , that the applicant for such examination shall hold a lawfully conferred diploma from an incorporated medical college which conforms to the system of practice represented by the board to which the application shall be made; unless the applicant desires to practice a different system from that recognized in his diploma, then he shall appear before the board which represents the system that he proposes to practice. But in no event shall an applicant who stands rejected by one of said boards be examined or licensed by either of the other boards. If the applicant desires to practice a system not represented by any of the boards hereby established, he may elect for himself the board before which he will appear for examination. When an applicant shall have passed an examination satisfactory as to proficiency before the board in session, the president thereof shall grant to such applicant a certificate to that effect. A fee of ten dollars shall be paid to such board through such officer or member as it may designate by each applicant before such examination is had. In case an applicant shall fail to pass a satisfactory examination before any board, he shall not be permitted to stand any further examination before any of the boards within the next three months thereafter. Nor shall he again have to pay the fee prescribed aforesaid for any subsequent examination; provided , that when, in the opinion of the president of any board, any applicant has been prevented by good cause from appearing before said board, the president and two members of said board designated by him shall constitute a committee, who shall examine such applicant, and may, if they see fit, grant him a certificate which shall have the same force and effect as though granted by a full board, until the next regular meeting of the board, when, if the applicant fails to appear for examination, said [Illegible Text] shall be void. Who may be [Illegible Text] [Illegible Text] When applicant desires to [Illegible Text] [Illegible Text] [Illegible Text] When rejected. When applicant desires to practice system not represented by any of the boards. Certificate. Fee. Failure to pass satisfactory examination. When applicant prevented by good cause from appearing before [Illegible Text]

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SEC. VI. Be it further enacted, That the fund raised from the fees aforesaid shall be applied by each examiniag board to the payment of its expenses and to making a reasonable compensation to the president, secretary, and members thereof. Use of fund raised from fees. SEC. VII. Be it further enacted, That before any person who obtains a certificate from any board, or from a committee of any board, may lawfully practice medicine or surgery in this State, he shall cause the said certificate to be recorded in the office of the clerk of the superior court in the county in which he resides. But if he does not reside in the State of Georgia, he shall cause said certificate to be recorded in any county within this State in which he offers to practice. The certificate shall be recorded by the clerk in a book kept for that purpose. It shall be indexed in the name of the person to whom the certificate is granted. The clerk's fee for recording a certificate shall be the same as for recording a deed. Certificate must be recorded. Books to be kept by clerk superior court for that purpose. Clerk's fee. SEC. VIII. Be it further enacted, That this Act shall take effect from and after the first day of January, 1895, and that it shall be unlawful thereafter for any person to commence the practice of medicine or surgery in this State without complying with the provisions of this Act. But nothing in this Act shall apply to persons now lawfully engaged in the [Illegible Text] of medicine or surgery in the State of Georgia, to any commissioned medical officer or contract surgeon of the United States Army or Navy or Marine hospital service, in the performance of their duties as such; nor to any physician or surgeon residing in any State or Territory of the United States or in the District of Columbia, who may be bona fide called in consultation in a special case with a legally qualified physician or surgeon residing in this State; nor shall this Act be construed as affecting or changing, in any way, laws in reference to license tax to be paid by physicians and surgeons; provided , that a non-resident physician or surgeon called in consultation in a special case, as above prescribed, shall not be permitted to engage in continuous practice or consultation in connection with any resident physician or surgeon under any form of contract or agreement, direct or indirect. When this Act to take effect. Unlawful to practice without complying with this Act. To whom Act not applicable. SEC. IX. Be it further enacted, That any person shall be regarded as practicing medicine or surgery, within the meaning of this Act, who shall prescribe for the sick or those in need of medical or surgical aid, and shall charge or receive therefor money or other compensation or consideration, directly or indirectly; provided , however, that midwives and nurses shall not be regarded as practicing medicine or surgery. Who to be regarded as practicing within meaning of this Act. SEC. X. Be it further enacted, That any person who shall practice medicine or surgery in this State in violation of the provisions of this Act, shall, upon conviction, be punished as prescribed in section 4310 of the Code of the State of Georgia, for each offence;

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and it shall not be lawful for him to recover by action, suit, motion or warrant any compensation for service which may be claimed to have been rendered by him as such physician or surgeon. Penalty for violating this Act. 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 12, 1894. AMENDING ACT OF NOVEMBER 12, 1889, AS TO NUMBER OF CREDITORS NECESSARY [Illegible Text] TO CREDITOR'S BILL. No. 44. An Act to amend an Act entitled an Act to amend section 3149(a) of the revised Code of 1882, approved November 12, 1889, so as to strike out certain words therein and insert others in lieu thereof, referring to the number of creditors and amount of debts required to authorize proceedings for the appointment of [Illegible Text] for insolvent traders, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That the Act approved November 12, 1889, being an Act to amend section 3149(a), which provides for the appointment of a receiver for the assets of an insolvent trader, or firm of traders, be amended as follows: Strike out from the fifteenth line the following words: at least three unsecured creditors or, and insert in lieu thereof the following words: one or more, so that said section, when amended, shall read as follows: In case any corporation, not municipal, or any trader, or firm of traders, shall fail to pay, at maturity, any one or more matured debts, payment of which has been properly demanded of such debtor, and by him refused, and shall be insolvent, it shall be in the power of the court of equity, under a creditor's [Illegible Text], to which one or more creditors, representing one-third in amount of the unsecured debt of such insolvent corporation, trader, or firm of traders, whose debts are matured and unpaid, shall be necessary parties, to proceed to collect the assets, real and personal, including choses in action and money, and appropriate the same to the creditors of such trader, firm of traders, or corporation. Act of Nov. 12, 1889, [Illegible Text] Receiver may be appointed where one or more creditors representing one-third of unsecured debts, parties [Illegible Text] Act 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 13, 1894. NOTE BY COMPILER. Notes not evidence of insolvency, when. Stubbs [Illegible Text] Tison v. Fleming , 92 Ga. 354. One of three petitioners, secured by personal indorsement of solvent person, injunction and receiver not granted. [Illegible Text] [Illegible Text]. Brooke , 91 Ga. 243. Petition by two unsecured creditors [Illegible Text] one secured, if amendable, amendment must show added creditor is unsecured, Ib Insolvent business corporation, not a trader, is within the insolvent trader's law. Nat. Bank v. Rich. Fac. , 91 Ga. 284. See, also, [Illegible Text] v. Wolff , 92 Ga. 199; [Illegible Text] Co. v. Empire Co. , 91 Ga. 624.

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REGULATING ASSIGNMENTS FOR BENEFIT OF CREDITORS. No. 46. An Act to regulate the law of assignments for the benefit of creditors, to fix the rights and duties of assignors, creditors, and assignees, 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 any corporation, not municipal, may make an assignment for the benefit of creditors, but no such corporation shall be allowed to prefer any creditor or class of creditors, except such as have debts entitled to priority by the laws of this State. Corporation, not municipal, may assign. What creditors may be preferred. SEC. II. Be it further enacted, That persons and firms may make assignments and prefer creditors. Persons and firms may assign and prefer creditors. SEC. III. Be it further enacted, That in all cases the deed of assignment shall be executed, filed, and recorded as provided in case of deeds. Execution, filing, and recording of deed. SEC. IV. Be it further enacted, That all assignments shall convey all of the property of every sort held, claimed, or owned by the assignor at the time of the execution thereof; shall identify any lands owned or any interest in lands; shall identify goods, wares and merchandise by general words of description, indicating the location, kind, and quality thereof, with a statement as near as may be of the purchase price and selling price of the lot as a whole, and shall also describe in general terms any shares of capital stock, live stock, personal property, not connected with any mercantile or manufacturing business. Said assignee shall attach a list of all creditors, with their post-office address and amount due to each. Assignment to convey all property of assignor. And identify lands, goods, etc. Statement of purchase price. Description. Creditors to be attached. SEC. V. Be it further enacted, That such assignment shall convey all books, books of account, choses in action, notes, drafts, bills, judgments, liens, mortgages, held or owned, indicating, as near as may be, the aggregate amount thereof, with a statement as to the total amounts which are considered good, doubtful, or bad. Assignment conveys all books, liens, etc. Amount and value to be indicated. SEC. VI. Be it further enacted, That at the time of signing said deed of assignment, the person or firm making an assignment, or the officer acting for the corporation making an assignment, shall make an affidavit annexed to such assignment, that the said assignment conveys all property held, claimed, or owned by the assignor at the time of making the assignment; that all recitals and all estimates of totals and values therein and all list creditors are true to the best of his knowledge and belief; and that the debts set out as due to the [Illegible Text] creditors are, bona fide , just, due, and unpaid; and that said assignment is not made for the purpose of hindering, delaying, or [Illegible Text] creditors. Affidavit to be annexed to assignment.

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SEC. VII. Be it further enacted, That within fifteen days after the recording of such assignment, said assignor shall, in connection with the assignee, prepare a full and complete list of all property of every kind, character, and description held, claimed, owned, or possessed by said assignor at the date of making such assignment, to which shall be attached the affidavit of the assignor that said list is true. The assignee shall also attach an affidavit that he has examined the books and other papers of the assignor, that he assisted in the preparation of the list as far as possible, and that to the best of his knowledge, [Illegible Text] and belief the list is correct. Or if he cannot make such affidavit, he shall state the reason therefor. List to be prepared and attached. Verified by affidavits. SEC. VIII. Be it further enacted, That said list shall remain on file in the clerk's office for ten days, subject to examination of any person interested. List to remain of file ten days. SEC. IX. Be it further enacted, That no property in this State shall pass under any assignment made by corporations, persons, or firms out of this State, unless such foreign assignment shall comply with the law of assignments in this State. Foreign assignments must conform to law of this State. SEC. X. Be it further enacted, That upon the request of any three of the creditors of the assignor, the assignee shall make and file a bond with surety, in a sum to be fixed by the judge of the superior court, conditioned for the faithful performance of his trust, which bond shall be made payable to the ordinary of the county and his successors in office, for the benefit of all creditors of the said assignor. In no case shall the bond be less than the estimated value of the property assigned. Bond of assignee. SEC. XI. Be it further enacted, That said assignee shall proceed to carry out the duties imposed upon him by said assignment, but he shall not pay any preferred debt until after sixty days from the filing of said assignment in the clerk's office. Duties of assignee. When preferred debts may be paid. SEC. XII. Be it further enacted, That the assignee shall succeed to all rights of the assignor, but may attack and set aside any fraudulent conveyances, or recover property conveyed by the assignor for the purpose of hindering, delaying, or defrauding creditors. Powers and rights of [Illegible Text] assignee. Assignment not to be set aside save by direct proceeding. SEC. XIII. Be it further enacted, That no assignment shall be set aside except in a direct proceeding, filed for that purpose, and no creditor shall obtain any priority or preference of [Illegible Text] out of the assets assigned on any judgment rendered after the filing of a petition to set aside the assignment, in case the same is set aside and decreed to be void. No priority of judgment rendered after petition filed to set aside assignment. SEC. XIV. Be it further enacted, That in all proceeding to set aside assignments, the assignee and assignor shall be necessary parties, and any preferred or unpreferred creditor may be made party plaintiff or defendant at any time in term or vacation. Parties to proceedings to set aside.

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SEC. XV. Be it further enacted, That when the assignment is attacked as [Illegible Text] or void for any reason, it shall not be necessary to show fraud, or collusion, or notice thereof in the assignee, in order to render the same void. Not necessary to show fraud or collusion, or notice in assignee. SEC. XVI. Be it further enacted, That no creditor shall be required to reduce his debt to judgment before asking equitable relief in any proceedings against the assignor or assignee, or both. Creditor not having judgment may ask relief. SEC. XVII. Be it further enacted, That within thirty days after filing of the assignment, the assignee shall notify each creditor that the same has been filed; and where proceedings are instituted attacking the same within thirty days thereafter, the assignee shall also give notice thereof to each creditor named. Depositing a letter in the post-office, stamped and properly addressed, shall be sufficient notice under this section. Notice of filing assignment. Notice of attack on assignment. SEC. XVIII. Be it further enacted, That if it shall be made to appear that an innocent or unintentional mistake or omission has been made in the description of the property, or in the list of assets, or in the method of preparing the list of assets, or in the list of creditors, the same may be amended upon proof thereof to the court. Effect of innocent or unintentional mistake, etc., in lists, etc. SEC. XIX. 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 13, 1894. AUTHORIZING COUNTY JUDGES TO HOLD COURT IN COUNTIES OTHER THAN THOSE OF THEIR RESIDENCE. No. 53. An Act to allow and authorize county judges to hold court in other counties than those of their residence. SECTION I. Be it enacted by the General Assembly, That from and after the passage of this Act, that the several county judges of this State be, and are, hereby authorized and empowered to preside in and hold county court, in the several counties of this State that have county courts, in the same manner that judges of the superior courts hold court in other than their own circuits. County judges may hold court outside counties of their residence. As superior court judges outside their circuits. SEC. II. Be it further enacted, That all laws and parts of law in conflict with this Act be, and are, hereby repealed. Approved December 13, 1894.

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SALE OF HOMESTEADS FOR REINVESTMENT UPON APPLICATION OF BENEFICIARIES. No. 59. An Act to provide for the sale of homestead property for reinvestment upon the application of the beneficiaries in certain cases, and for other purposes. SECTION I. The General Assembly of Georgia hereby enacts, That whenever any property has been set apart as an exemption of realty and personalty, or either, as now provided by law, and the beneficiaries desire the same sold for reinvestment, and the debtor fails or refuses to join with said beneficiaries in the application to have said property sold for reinvestment as now provided by law; and where a divorce has been granted the wife, and the homestead property sought to be sold for reinvestment has been awarded to the wife in the divorce proceedings for the support of the wife and her children, in which event the entire proceedings thereunder shall be in all respects as binding upon all parties as now provided by law, as if the debtor or husband, at the time the homestead was originally set apart, had joined with the beneficiaries in such application. When sale may be made upon application of beneficiaries. SEC. II. That all laws and parts of laws in conflict herewith be, and the same are, hereby repealed. Approved December 15, 1894. NOTE BY COMPILER.Some words appear to have been omitted from this Act, as engrossed. The engrossed and enrolled copies have been compared by the compiler and are similar. AMENDING ACT DECEMBER 20, 1893, AS TO PAYMENT INSOLVENT COSTS SOLICITOR-GENERAL AUGUSTA CIRCUIT. No. 60. An Act to amend an Act entitled an Act to limit and regulate the payment of the insolvent costs of the solicitor-general of the Augusta Circuit, for services in Richmond Superior Court out of the treasury of Richmond county, and for other [Illegible Text] approved December 20, 1893, so as to require the recommendation of the payment of said costs by the grand jury of each term of said court. 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 shall be amended by adding to section first of said Act

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the following: provided further that the grand jury at each term of the Superior Court of Richmond county shall authorize and recommend the payment of the same in their presentments, so that, when amended, said section shall read as follows: Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That on and after the passage of this Act, the treasurer of Richmond county shall pay to the solicitor-general of the Augusta Circuit semi-annually his bill of insolvent costs for services in Richmond Superior Court upon the presentation of itemized bill for same, audited and approved by the presiding judge; provided , the sum paid shall not exceed in any one year the sum of two thousand dollars; provided further , that the grand jury, at each term of the Superior Court of Richmond county, shall authorize and recommend the payment of the same in their presentments. Payment to be authorized and recommended by grand jury Richmond county. 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 15, 1894. PROVIDING FOR STATE MEMORIAL BOARD. No. 61. An Act to create a board to be known as the State Memorial Board, to provide for the appointment of the members thereof, and to prescribe the duties of said board, and for other purposes. SECTION I. Be it enacted by the General Assembly of Georgia, That it shall be the duty of the Governor of this State to appoint four suitable citizens of this State for the time hereinafter specified, and with the powers and duties hereinafter set forth, who, with the Adjutant-General, to be known as The State Memorial Board. Appointment and composition of board. SEC. II. Be it further enacted, That immediately after the passage of this Act, the Governor shall appoint two of the members of said board for two years, and two of the members of said board for four years; the Adjutant-General of the State of Georgia shall be the other member of said board, and be the ex officio chairman of the same, and shall meet and designate one of their number as their secretary. All of said members shall serve without compensation and without expense. Terms of office. Officers. Members to serve without compensation or expense. SEC. III. Be it further enacted, That it shall be the duty of said board to proceed at once and inspect the battle-fields upon which combats took place in the late civil war, within the limits of his State, and also all places of historic interest to the people of the State, since the 1st day of January, 1860. Board to inspect battle fields and historic places.

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SEC. IV. Be it further enacted, That it shall be the duty of said board to ascertain as accurately as possible the historic details connected with all these events since the date mentioned, to correspond with the war department at Washington, D. C., and with persons and organizations of other States, so far as it may be necessary to ascertain the facts above mentioned. And to as certain historic details. SEC. V. Be it further enacted, That it shall be the duty of said board to make a report of each and every year's actings and doings to the Governor of this State at least twenty days before the meeting of each General Assembly, and the same shall be submitted by the Governor, together with the other reports of public institutions of this State, to the General Assembly. Annual reports to Governor. To be by him submitted to General Assembly. SEC. VI. Be it further enacted, That the said board shall erect such monuments, mark such lines, and establish such memorial as they may be directed by the General Assembly to establish. Such expenses as may be incurred shall be paid out of any sum to be appropriated by the General Assembly on the warrant of the Governor. Erection of [Illegible Text] etc. Expenses. SEC. VII. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and are, hereby repealed. Approved December 15, 1894. CONDEMNING, ETC., PRIVATE PROPERTY. No. 69. An Act to provide a uniform method of exercising the right of condemning, taking, or damaging private property. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act, all corporations or persons authorized to take or damage private property for public purposes shall proceed as herein set forth. Taking or damaging private property for public purposes must be under this Act. SEC. II. If said corporations or persons cannot by contract procure the land, easement, right of way, water-way, franchise, or other interest on property useful, needful, and necessary for public purposes, and authorized by law to be taken or damaged, then it shall be lawful for said corporation or person to take or damage said property, upon paying or tendering to the owner thereof just and adequate compensation for the land, franchise, or other interest on property so to be taken or used. Payment or tender of adequate compensation to owner. SEC. III. Be it further enacted, That if the parties cannot agree upon the compensation to be paid, the same shall be assessed and determined in the following manner: When parties cannot agree as to compensation.

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SEC. IV. The corporation or person seeking to condemn property for public purposes shall serve a notice upon the owner of the property and upon the owner of any remainder, reversion, mortgage, lease, security, deed, or other interest therein. Notice to owner. SEC. V. It the owner, or any of the owners, shall be a minor or under any disability whatsoever, such notice shall be served upon his or their personal representatives. Service of notice if owner a minor or under disability. SEC. VI. If there be no personal representative, such notice shall be served personally upon the minor and upon the ordinary of the county where the property is located, who shall appoint a guardian ad litem to represent the minor in said litigation. Service if there be no personal representative. SEC. VII. If such ordinary, by reason of interest or other cause, is disqualified, such notice shall be served upon the clerk of the superior court of the county, who shall appoint a guardian ad litem to represent the minor. Guardian ad litem for minor. When ordinary is disqualified. SEC. VIII. If the property sought to be condemned is trust property or property in which remainders have been created, such notice shall be served upon the trustee, and also upon such persons as have an interest under the conveyance and who are of age. Service of notice where property is trust property, or there are remainders. SEC. IX. If the owner, or any of the owners, or persons in any way interested in the property reside out of the State, notice shall be served upon the person in possession, and a like notice shall be inclosed in an envelope, properly stamped and directed, and be by the said corporation or person delivered to the ordinary of the county, who shall mail the same to said owner or owners, at their address, if known, and if the address be not known, the ordinary shall act for such non-resident owners in the manner hereinbefore provided for unrepresented minors. An entry of the facts and his action therein shall be entered on the minutes by the ordinary. Service of notice on non-residents etc. SEC. X. If the owner or owners of such property, or of any interest therein, are unknown, or there is possibility of unborn remaindermen having an interest, notice shall be served upon the person in actual possession of the property, and also upon the ordinary, who shall act for said unknown owner as hereinafter provided for in case of minors; provided , however, that whenever the unknown owner may appear, he may ask for and have another assessment under the terms of this Act, and he shall receive the amount then assessed; and in the event the second assessment is less than the first, the ordinary shall return the overplus to the corporation or person originally condemning. Where owner unknown, or possibility of unborn remaindermen. SEC. XI. Unless service is acknowledged or waived, a copy of such notice shall be served by a sheriff or deputy, personally or by leaving a copy at the residence of the owner, or mailed, in case of non-resident, at least fifteen days before the day fixed for assessing the damages. How service effected.

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SEC. XII. In cases where service cannot be effected by leaving notice at place of residence or by personal service, the notice shall be posted at the courthouse door fifteen days and be published once in the official paper one week before the day fixed for assessing the damages. Where notice cannot be served at residence, personally, or by mail. SEC. XIII. All notices shall be directed to the owner or owners, and shall describe the property or franchise and the amount of interest therein sought to be condemned; fix the time when the hearing will be had on the premises; give the name of the assessor selected by said corporation and request the owner, trustee, or representative, as the case may be, to select an assessor. Direction and contents of notice. SEC. XIV. If the corporation seeking such condemnation and assessment shall notify the ordinary that the owner or persons interested in the representation have failed to select an assessor, or that the owners fail to agree upon an assessor, or that the owner is unknown, or that the owner or any one of the owners is a minor, an insane person, lunatic, idiot, or otherwise under disability and without legal representative, the ordinary of the county where the property is situated, or the franchise sought to be condemned is used, shall select an assessor for such persons or owners, and if such ordinary is disqualified, then the clerk of the superior court of the county shall make the selection, after like notice by such corporation. When assessor to be appointed by ordinary. When he is disqualified clerk superior court to select. SEC. XV. The two assessors thus selected shall select a third assessor; but if in five days they do not agree upon a third assessor, the judge of the superior court of the county, upon application of either party, of which the other shall have notice, shall make the selection in term-time or [Illegible Text]. Third assessor. SEC. XVI. The three assessors thus selected shall be sworn by some officer authorized to administer an oath to do equal and exact justice between the parties according to law. Oath of assessors. SEC. XVII. If by reason of delay in appointing assessors, or other cause, the hearing cannot be had at the time fixed in the original notice, the assessors shall fix the time for the hearing and notify both parties in writing of the time and place of the hearing. When [Illegible Text] cannot be at [Illegible Text] fixed in original notice. SEC. XVIII. The said assessors shall hear all evidence offered by either party as to the value of the property to be taken or used, or as to damages done the owners of the same, and the benefits to the owner [Illegible Text] from the use of the property by the corporation or persons. Parties may be represented in person or by attorney before the assessors. Evidence to be heard by assessors. Representation in person by attorney. SEC. XIX. The said assessors, or a majority of them, shall assess the value of the property taken or used, or damage done, and shall also assess the consequential damages to the property not taken, and deduct from such consequential damages the consequential benefits

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to be derived by the owner from the operation of its franchise by the corporation, or by the carrying on of the business of person or persons taking or damaging the property; provided , the consequential benefits assessed shall in no case exceed the consequential damage assessed; provided further , that nothing in this section or Act shall be so construed as to deprive the owner of the actual value of his property so taken or used. Assessment of value and damages. Consequential damage may be offset by consequential benefit. Actual value must be given. SEC. XX. Said assessors shall enter their finding on the notice substantially as follows: Upon the application of A B to condemn the following property of C D, notice was duly served by the sheriff (or his deputy) on C D (owner, trustee, representative, or ordinary, as the case may be) by (mailing, posting, etc., as the case may be). The applicant appointed E F as assessor. The (owner, ordinary, representative, as the case may be) appointed G H as assessor, and they too (or judge of the superior court) appointed I J as assessor, who, after being duly sworn and hearing the evidence, find and award that for taking the property sought to be condemned, to wit: The said A B shall pay to C D, as owner, the sum of $...... The consequential damage to the property of C D not taken amount to $....., and the consequential benefits to $.....; and the said A B shall pay said C D the difference between such damage and such benefit. Finding of assessors, how and where entered. SEC. XXI. Within ten days after the award is made it shall be filed and recorded in the office of the clerk of the superior court of the county where the property is situated or franchise sought to be condemned is exercised. Filing and record of award. SEC. XXII. In case either party, or the representative of either party, is dissatisfied, he or they have the right, within ten days from the time the award is filed, to enter, in writing, an appeal from the award to the superior court of the county where the award is filed; and at the term succeeding the filing of the appeal, it shall be the duty of the judge to cause an issue to be made and tried by a jury as to the value of the property taken or the amount of damage done, with the same right to move for a new trial and file a bill of exceptions as in other cases at common law. Appeal. Trial of, etc. SEC. XXIII. The entering of said appeal and the proceedings thereon shall not hinder or delay in any way the corporation's or person's work or the progress thereof, if the applicant to condemn shall pay or tender to the owner the amount of the award, and, in case of the refusal of the owner to accept the same, deposit the amount awarded with the clerk of the superior court for the benefit of the owner. Appeal not to hinder or delay when. SEC. XXIV. The tender, payment, or acceptance of the amount shall not prevent either party from prosecuting the appeal. If the amount so awarded by the assessors is less than that found by the

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final judgment, the company shall be bound to pay the sum so finally adjudged in order to retain the property; and if it be less than that awarded by the assessors, the owner shall be bound to refund any excess paid to or received by him, and a judgment for such excess shall be rendered against him, to be collected by levy as in other cases. Tender, payment, or acceptance not prevent prosecuting appeal. When amount awarded is less than that found by final judgment. When it is more. SEC. XXV. If no appeal be [Illegible Text] within ten days after the award is filed, or if the corporation shall fail to pay the amoun of the award or final judgment, the clerk shall issue execution upon such award or judgment, which may be levied upon any property of the corporation or person condemning. When execution shall issue. Levy of. SEC. XXVI. In all cases the clerk shall enter the notice and award thereon upon the minutes of the court, and the corporation or person condemning shall pay the costs for the condemnation proceedings to each assessor, not exceeding two dollars per day, and other cost as now provided by law in civil cases in the superior court. Notice and award to be entered on minutes. Payment of costs. SEC. XXVII. Upon the payment by the corporation or person seeking to condemn of the amount of the award and final judgment on appeal, such corporation or persons shall become vested with such interest in the property taken as may be necessary to enable the corporation or person taking to exercise their franchise or conduct their business; and whenever the corporation or person shall cease using the property taken for the purpose of conducting their business, said property shall revert to the person from whom taken, his heirs, or assigns. What interest to vest in party seeking condemnation. Property to revert. SEC. XXVIII. If the person to whom the money belongs shall be a minor or under any disability, and without a legal representative entitled to receive the same, the money shall be paid to the ordinary of the county, who shall at once cause the same to be invested; and to this end the ordinary of the county of his residence shall appoint guardian or other proper representatives to receive said money and manage the property in which it may be invested. Payment where money belongs to minor, or one under disability, etc. Investment of, etc. SEC. XXIX. The method of condemnation of property and assessment of damages hereinbefore provided shall apply to condemnation by cities, counties, railroads, telegraph, canal, mining, and water-work companies, drainage by counties, tram-roads, light-houses, and beacon construction, and to all persons or corporations having the privilege of exercising the right of eminent domain, but nothing herein shall be construed to alter or repeal the law for opening public or private roads or ways. To what condemnations this act applicable. Not applicable to opening roads of ways. SEC. XXX. Be it further enacted, That said assessor shall have the same power to issue subp[oelig]nas and compel the attendance of witnesses as is vested in the superior court. Subpoenas and attendance of witnesses.

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SEC. XXXI. All laws or parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 18, 1894. PROVIDING FOR THIRD-CLASS ROADS. No. 41. An Act to amend the public road laws of this State, so as to provide for third-class roads, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act, that the public road laws be so amended as to provide for third-class roads, and that all roads designated as third-class roads shall be cleared of all stumps, trees, grubs, and bushes at least sixteen feet wide, and of all limbs of trees as may inconvenience horseman or carriages, the stumps to be cut as near the surface as possible, and the carriage track must be at least five fett and six inches in width, and said roads shall be changed, worked, and managed according to the road laws of this State, as far as the same may be applicable. Third-class roads provided for. How and to what width to be cleared. Changing, working, 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 December 13, 1894. LEVY AND SALE OF PROPERTY WHERE DEFENDANT HAS NOT LEGAL TITLE BUT AN INTEREST, ETC. No. 76. An Act to provide for the levy and sale of property where the defendant in fi. fa. has an interest therein but does not hold the legal title thereto, and to provide for the distribution of the proceeds arising from such sale, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That in cases where a contract to purchase has been made, or bond for title made, or the purchase money has been partly paid, or in cases where a deed to secure a debt has been executed and the purchase money or secured debt has been reduced to judgment by the payee, assignee, or holder of said debt the holder of the legal title), or if dead, his executor or administrator, shall, without order of any court, make and execute to said defendant in fi. fa. , or if he

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be dead, to his executor or administrator, a quit-claim conveyance to such real or personal property, and file and have the same recorded in the clerk's office; and thereupon the same may be levied upon and sold as other property of said defendant, and the proceeds shall be applied to the payment of such judgment, or if there be conflicting claims, then the same shall be applied as determined in proceedings had for that purpose. Where contract of purchase or bond for title made. Or deed to secure debt given and judgment had. Quit-claim to be executed. And levy may be made as upon other property of defendant. SEC. II. Be it further enacted, That where any person, other than the vendor, or other than the holder or assignee of the purchase money or secured debt, shall have any judgment against a defendant in fi. fa. who does not hold legal title to property, but has an interest or equity therein, such plaintiff in fi. fa. may take up the debt necessary to be paid by the defendant in order to give such defendant legal title to the property, by paying such debt with interest to date, if due, and interest to maturity if not due; and thereupon a conveyance to the defendant in fi. fa. , or, if he be dead, to his executor or administrator, shall be made by the vendor or holder of title given to secure the debt, or, if dead, by the executor or administrator thereof, and when such conveyance has been filed and recorded, the said property may be levied on and sold as property of the defendant. The proceeds shall be applied, first, to the payment of liens superior to the claims taken up by the plaintiff in fi. fa. ; next, to the payment of principal advanced by said plaintiff in fi. fa. to put title in defendant, with interest to date of sale; and the balance to the execution under which said property is sold, and to other liens according to priorty, to be determined as in other cases of money rules. Where one other than vendor, or holder or assignee of such secured debt. has judgment. He may take up debt and have [Illegible Text] made to defendant, etc. Levy and sale in such cases. SEC. III. Be it further enacted, That in all cases provided for in this Act, notice of the levy and time of sale shall be given by the levying officer to the vendor or holder of the title given to secure the debt, if known, and also to the defendant in fi. fa. , and in case of death, their legal reprresentatives. Depositing a letter in the post-office, properly addressed and stamped, shall be deemed sufficient notice under this section. To whom notice of levy and sale must be given. What sufficient notice. SEC. IV. Be it enacted, That all laws or parts of laws in conflict with this Act are hereby repealed. Approved December 17, 1894. NOTE BY COMPILER.Tender of payment necessary, by junior judgment creditor, to redeem land held under security deed, before subjecting it. Swift r , Lucas, 92 Ga. 796. Subrogation of creditor to rights of holder of security deed, by payment and transfer. Ib.; Hunt r . Mtg. Co., 92 Ga. 720.

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PROBATE FOREIGN WILLS, ETC. No. 78. An Act to provide for the probate of foreign wills and the issue of letters testamentary thereon, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That all wills conveying property in this State, and executed by persons residing out of this State, shall be held and treated as foreign wills. What to be held foreign wills. SEC. II. Be it further enacted, That if any real estate in this State is devised or bequeathed by the terms of any foreign will, such foreign will may be admitted to probate in any county in this State in which such property is situated, provided such foreign will is in writing attested and executed according to the laws of this State. What requisite to admission to probate. SEC. III. Such foreign will may be admitted to probate in common or solemn form by testimony in open court, or by interrogatories, in the same manner and upon like proof as in cases of domestic wills, and shall be subject to the same defences and objections. Evidence. SEC. IV. Be it further enacted, That if said foreign will has been admitted to probate in common or solemn form in the State in the United States of which the testator was a resident at the time of his death, it may be admitted to probate in like common or solemn form in this State, upon production of an exemplification of the probate proceedings, certified according to the provisions of the Act of Congress, and may be attacked or resisted on the same grounds as other judicial proceedings from a State of the United States. Where will has been admitted to probate in State where testator resided. SEC. V. Be it further enacted, That if such foreign will has been probated in solemn form before the proper court of record in any foreign country without the United States, of which the testator was a citizen or resident at the time of his death, a certified copy of such will and an authenticated copy of the proceedings, under the seal of the court, shall be prima facie evidence of the due execution thereof, and shall be admitted to probate in this State, but may be objected to by caveat or rebutted by proof, as in case of a will offered for original probate. Where probate has been had in foreign country. Objection by caveat or rebuttal by proof. SEC. VI. Be it further enacted, That where any foreign will bequeathing personal property in this State is in writing executed and attested according to the law of the country or State of which the testator was a resident at the time of his death, such foreign will of personal property may be probated in like common or solemn form in this State, by producing an exemplified or certified copy as provided

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in cases of foreign wills devising real estate, or the same may be proved by testimony, as in cases of domestic wills. Probate of foreign will bequeathing personalty. SEC. VII. Be it further enacted, That if the executor named in such foreign will is a citizen of this State, he shall offer the same for probate, as in cases of domestic wills, and letters testamentary shall issue accordingly. Probate and letters testamentary if executor citizen of this State. SEC. VIII. Be it further enacted, That if the resident executor refuse to offer such foreign will for probate, or if the executor nominated in said foreign will is not a citizen of this State, the foreign will may be probated, at the instance of any heir, legatee, distributee, devisee, or creditor of said testator, and letters testamentary shall issue to an administrator, with the will annexed, such administrator to be a citizen of this State, and to be selected according to the rules laid down in the Code for selecting administrators. When resident executor refuses to offer for probate, or executor not citizen of Georgia. SEC. IX. Be it further enacted, That in all cases after January 1st, 1895, until such foreign wills have been probated, as herein required, no property in this State belonging to such testator shall be managed or controlled by the executor therein named, or any administrator with the will annexed, appointed elsewhere. Nothing in this section shall impair the right of foreign executors and administrators to sue in the courts of this State, nor shall it impair their right to draw dividends, checks out funds, or transfer stock, as now provided by law. This Act applicable after Jan. 1, 1895. Right foreign executor or administrator to sue or draw dividends not impaired. 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 17, 1894. AIDING ESCAPE OF PATIENT FROM THE LUNATIC ASYLUM. No. 79. An Act to make it penal for any person or persons to aid or assist, or attempt to aid or assist, any patient to escape from the Lunatic Asylum, who has been lawfully committed thereto, to prescribe the punishment therefor, 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 any person or persons who shall aid or assist, or attempt to aid or assist, any patient to escape from the Lunatic Asylum, who has been lawfully committed to said institution, shall be deemed guilty of a misdemeanor, and, on conviction, shall be punished as prescribed in section 4310 of the Code of 1882. Aiding or attempting to aid patient to escape a crime. Penalty. SEC. II. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 15, 1894.

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DESCENT OF PROPERTY WHERE PERSONS ARE LOST AND IT IS NOT ASCERTAINABLE WHICH DIED FIRST. No. 82. An Act to provide for descent of property where persons are lost under circumstances where it is impossible to determine which died first, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That where husband and wife, parent and child, brothers and sisters, or other persons who could inherit each from the other, are killed or lost, under circumstances making it impossible to determine which died first, the property of each shall descend to their respective heirs, excluding each as heir of the other, but nothing herein shall be held to prevent children of either from inheriting as heirs of the other. Property of persons lost or killed who could inherit each from the other. When not ascertainable which died first. SEC. II. Be it further enacted, That all laws and parts of laws in conflict herewith be repealed. Approved December 17, 1894. PROVIDING FOR STATE BUREAU OF IMMIGRATION. No. 93. An Act to provide for a Bureau of Immigration in this State; to provide for the scope and purposes of the same; to provide for the publication and dissemination of a hand-book of the resources of this State, 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 Commissioner of Agriculture of this State shall be ex officio Commissoner of Immigration, with the duties hereinafter enumerated. Commissioner of Immigration. SEC. II. Be it further enacted, That it shall be the duty of the said commissioner to collate and arrange in systematized order, in his office, full and accurate information as to the mineral, geological, metallurgical, agricultural, horticultural, and timber and fishing resources of the State; the cost and prospect of the profitable development and utilization of the same; as to the adaption of the soil of the State and the counties thereof to the various products of the temperate zone; as to the streams and waters of the State and their adaptability to navigation, manufacturing, and other purposes; as to the advantages of the seaports of the State; as to the facilities for

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transportation, both passenger and freight, by water and by rail, with the cost of same; as to the climatic, health, social, and religious conditions of the State; as to the capital invested in the various lines of manufacture in the State and the records of the same as to profitableness, and as to any and all other matters which he may deem of interest to home-seekers, investors, and the general public; provided , that all such information shall be arranged according to counties, as far as practicable, and be so arranged as to be readily accessible and intelligible to all parties seeking information along the lines herein indicated. Information to be collected and arranged by him. Method of arrangement. SEC. III. Be it further enacted, That it shall be the duty of the said commissioner to correspond with all bureaus, societies, corporations, and organizations having for their purposes the development of this State and of the Southern States of these United States, the bringing of capital, home-seekers, and acceptable immigrants to this and to the said Southern States; to advise them as to the resources and advantages of this State; to communicate, correspond with, and furnish all information to all persons seeking same along the lines indicated in section 2 of this Act. Correspondence by him with bureaus, societies, etc. Furnishing of information by him. SEC. IV. Be it further enacted, That the said commissioner shall, from the information collated and arranged as prescribed in section 2 of this Act, prepare, publish, and disseminate two thousand copies of a hand-book of this State, neatly printed, bound, and arranged according to counties, plainly and intelligibly setting out the resources and advantages of the State to home-seekers, investors, and the general public; provided , that said hand-book shall not cost in excess of one thousand dollars. Hand-book to be prepared, published, etc. Not to cost more than one thousand dollars. SEC. V. Be it further enacted, That the Commissioner of Agriculture be, and he is, hereby authorized to use and appropriate to the carrying out of the objects and purposes of this Act all moneys and funds now unused in his office or to his credit in the treasury of the State, or so much thereof as may be necessary. Funds to be used. SEC. VI. Be it further enacted, That the Commissioner of Agriculture and ex officio Commissioner of Immigration is authorized to sell to all persons desiring said hand-book as many copies thereof as they may desire at the actual cost thereof. Sale of hand-book. At cost. 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 18, 1894.

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SETTING FIRE TO SHIP, CARGO, ETC. No. 102. An Act to prescribe a penalty for the willful and malicious setting fire to any ship, boat, barge, or lighter, or to the goods or cargo contained in and upon such ship, boat, barge, or lighter, when the same is moored to or near any wharf in any port in this State. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act, if any person or persons shall willfully and maliciously set fire to any ship, boat, barge, or lighter, or to the goods or cargo contained in or upon such ship, boat, barge, or lighter, when said ship, boat, barge, or lighter is moored to or lying at or near any wharf in any port of this State, such person or persons, upon conviction, shall be punished by imprisonment in the penitentiary for a term of not less than seven nor longer than twenty years. Wilful and malicious setting fire to ship, cargo, etc. Moored to or lying at wharf. Punished by peniteniary imprisonment. SEC. II. Be it further enacted by the authority aforesaid, That section 4382 of the Code of Georgia of 1882 shall apply to this Act, in prescribing what shall be deemed setting fire to. Sec. 4382 of the Code made applicable. SEC. III. Be it further enacted by the authority aforesaid, That all laws in conflict with this Act be, and the same are, hereby repealed. Approved December 17, 1894. AUTHORIZING BROKERS TO PLACE INSURANCE FOR COMPANIES NOT LICENSED IN THIS STATE, ETC. No. 103. An Act to provide for and regulate the business of insurance brokers in this State, and to authorize insurance to be procured by them beyond the limits of this State, upon property within the State, 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, as follows: SECTION I. Any person owning property in this State, or having an insurable interest in the same, may procure insurance thereon through any insurance broker duly licensed under this Act. To render insurance so obtained valid, it shall not be

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necessary that the insurance company with which the contract is made shall be doing business in this State, or be authorized to do business therein by the Constitution or any law of this State, but only that such company have the power by its charter, and the laws of the State or country in which the contract is made, to bind itself by such contract. Insurance may be procured from brokers licensed under this Act. But must have power by charter and law of place where contract made. SEC. II. None but bona fide residents of this State, of good moral character and competent business qualifications, shall be licensed as insurance brokers, and who shall take and subscribe the following oath: I do swear that I will justly and uprightly demean myself as an insurance broker, and will explain fully the character, residence, and solvency of any company with which I shall negotiate for insurance on property in this State, and will not deceive, or attempt to deceive, any who come to me for such insurance, in any way whatsoever, so help me God. And before any license shall issue, the applicant shall file with the Insurance Commissioner an exemplified copy of the charter of each company with which he proposes to do business in behalf of his principals or employers, together with a statement, under oath, of the president and secretary of every such company exactly similar to that described in the second section of an Act entitled an Act to regulate the business of insurance in this State, and for other purposes, approved October 24, 1887. For filing certificates, copies of charter, and for all other services rendered by the Insurance Commissioner, under this Act, the broker shall pay the same fees as are required by insurance companies by the above mentioned Act, and the Commissioner shall be allowed to have and retain for his compensation the same proportion thereof. It shall be the duty of the Insurance Commissioner to examine the statements, and if satisfied that the same are correct, that the company is solvent, reliable, and in good standing, and that the applicant is not only a bona fide resident of this State, but a fit and proper person to exercise the calling of an insurance broker, he shall license him as such, designating in the license each and every insurance company with which he is authorized to contract beyond the limits of this State. Should the fact, at any time, come to the knowledge of the Insurance Commissioner that any insurance company designated in any license issued by him is not solvent, reliable, and in good standing, he shall revoke and cancel the license, in so far as it authorizes the broker to contract with that company; and on notice from the commissioner, it shall be the duty of the broker to whom it was issued to present it forthwith for such cancellation. Who may be licensed as brokers. Oath of broker. Copy charter of company to be filed. Together with statement of company. Fees of insurance commissioner. Commissioner to examine statement. License to be issued. Companies to be designated in license. Cancellation of license.

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SEC. III. It shall be lawful for every duly licensed insurance broker, from time to time, so long as his license is in force, to make, or cause to be made, inspections, surveys, diagrams, and descriptions of property in Georgia, which he may be employed to have insured beyond the limits of this State, and to forward the same to any insurance company specified in his license, as a basis for contracting with such company for insuring the property; and in case of loss or damage after the insurance is effected, it shall be lawful for such loss or damage to be adjusted and paid in the manner and by the means usual with insurers and the assured for so doing. No penalty whatever shall be incurred by any inspector, adjuster, or other person for participating bona fide in these transactions. It shall also be lawful for any such broker to forward cash premiums or instalments, premium notes, and all documents whatsoever requisite to procure and keep up the insurance for which he may contract under the authority of his license; and he shall incur no penalty for so doing, but he shall do nothing as the agent or representative of any insurance company, nor shall any such company be bound by his acts, the true intent and meaning of this law being, that he shall act alone in behalf of such persons as may employ him to procure insurance, or to renew and keep up the same, to afford aid in collecting loss or damage covered thereby. Broker may make inspections, surveys, etc. Adjustment and payment of loss, etc. Broker may forward premiums, etc. But cannot act as agent or representative of company. SEC. IV. Every insurance broker shall file with the Governor semi-annual statements on the first day of January and July each year, or within sixty days thereof. These statements shall contain a full and accurate report of the condition on the 30th day of June and 31st day of December then next preceding of each company specified in the broker's license. They shall be made in every respect like those described in the second section of the Act of October 24th, 1887, hereinbefore referred to, and shall be sworn to by the president and secretary of the company to which they relate, and the broker shall publish, at his own expense, a duplicate thereof in a newspaper of general circulation in this State. Failure to file a statement within due time, or to publish it, shall work a forfeiture of the broker's license in so far as it relates to contracting with that company, and the Insurance Commissioner shall revoke and cancel it accordingly. Semi-annual statements to be filed by brokers. What they shall contain. How sworn to. Publication of. Failure to file or publish statement. SEC. V. Whenever any licensed insurance broker shall obtain any insurance, he shall at once make to the Insurance Commissioner a sworn statement of the same. His books shall at all times be subject to the inspection of that officer, and shall be produced and shown to him whenever required. His books

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shall set forth the following facts: 1st. The exact amount of insurance procured for each and every person, giving the name of the person. 2d. The gross premium charged [Illegible Text] 3d. The name of the insurance company. 4th. The date and duration of the policy. When insurance obtained statement to be made to commissioner. What his books must set forth. SEC. VI. Each and every licensed broker shall pay into the treasury of this State the same tax on the gross premiums upon all policies procured by him as insurance companies authorized to do business here are required to pay. Tax on gross premiums. SEC. VII. Any person who shall do, or attempt to do, the kind of business provided for by this Act without being duly licensed, or who shall continue, or attempt to continue, it after his license has been forfeited or revoked, and any licensed insurance broker who, after failing to comply with any requirement made by him by this Act, shall apply for, or procure in behalf of any person whatever, any insurance on property in this State other than his own or that in which he has some insurable interest, shall be guilty of a misdemeanor, and, on conviction, shall be punished as prescribed in section 4310 of the Code. Penalty for violation of this act. SEC. VIII. Be it further enacted by the authority aforesaid, That before any insurance broker shall be licensed to do business with any insurance company not authorized to do business in this State, the broker so applying for license shall file with the Insurance Commissioner a statement signed by the president of such insurance company, agreeing, in case any default is made in the payment of any loss on any policy issued by such company on property located within this State, and suit is desired to be instituted by the policy-holder to enforce the collections on said policy, the company will indicate an attorney-at-law to acknowledge service on any writ that may be filed in the county of the insurer's residence, or if insured resides out of the State, then in county where loss occurs, to collect the same, and will submit itself to the jurisdiction of said court; provided, however , that notice of loss under any policy contemplated under this Act shall be mailed by registered letter to home office of company in which loss occurs, and in case said company fails to designate its attorney on whom service shall be perfected in case suit on said loss is brought within ten days after reception of said registered letter, then service shall be perfected on said company by publication as prescribed by the general law of the State, where service by publication is necessary as prescribed in Acts of 1889, page 111. And said company shall file with the Insurance Commissioner an agreement to abide by and accept

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said service as final, before being allowed to place a policy in this State. Agreement to designate person to be served in case of suit. Submission [Illegible Text] jurisdiction of courts of Georgia. When company [Illegible Text] to designate person to be served, service by publication. Agreement to accept such service. SEC. IX. Be it further enacted by the authority aforesaid, That should any company having issued an insurance policy or policies under this Act, fail to pay any final judgment obtained in this State, upon any loss or damage sustained by the insured, within thirty days after the rendition thereof, it shall be the duty of the Insurance Commissioner to recall and cancel the licenses of all brokers to negotiate and place insurance with such company on property in this State. All insurance brokers doing business in this State under the provisions of this Act shall have printed in large letters across the face of each policy the following words: This company has no deposit and no agents in Georgia. Any insurance broker violating this provision shall have their license to do business in this State revoked by the Insurance Commissioner. Failure to pay judgment, license to be cancelled. Policy must show company has no agent or depost in Georgia. SEC. X. All laws and parts of laws in conflict herewith are hereby repealed. Approved December 14, 1894. FIXING LEGAL WEIGHT OF TAN-BARK. No. 107. An Act to fix the legal weight of tan-bark, and to declare 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, that the legal weight of tan-bark (per cord) shall be (2250 lbs.) twenty-two hundred and fifty pounds per cord, which is, and shall be, the standard of this State. Legal weight to be 2250 pounds per cord. SEC. II. That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 17, 1894.

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AMENDING ACT REVIVING OFFICE OF STATE GEOLOGIST. No. 109. An Act to amend an Act to revive the office of State Geologist, and to provide for a geological, mineralogical, and physical survey of the State of Georgia, and for other purposes, approved November 12, 1889, and for other purposes. SECTION I. Be it enacted by the Senate and the House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That the first section of the above recited Act be amended by adding at the end of said section the words following, to wit: It shall be the duty of the State Geologist to give his attention to the administration of the affairs of the survey; to visit all parts of the State, so as to make himself familiar with the needs of each section; to supervise the work of his assistants, including all reports submitted by them for publication; to undertake such field-work as his time [Illegible Text] permit, and to perform such other duties as properly pertain to his office. Duties of State Geologist as to geological survey. SEC. II. Be it further enacted by the authority aforesaid, That the second section of said Act be amended by inserting after the words Comptroller-General, in the fourth line of said section, the words the Secretary of State, so that said section shall read, when amended, as follows: There shall be an advisory board, consisting of the Governor of the State, who shall be president of the board, the Commissioner of Agriculture, the State School Commissioner, the State Treasurer, the Comptroller-General, the Secretary of State, and the Attorney-General, any four of whom shall constitute a quorum for the transaction of business. Secretary of State added to advisory boad. SEC. III. Be it further enacted by the authority aforesaid, That the third section of said Act, which is as follows, to wit: Section 3. Be it further enacted, That two competent assistant State Geologists shall be chosen by the advisory board, who may be removed at any time, by the appointing power, for incompetency, inefficiency, or misconduct. It shall be the duty of the State Geologist and his assistants to divide the State into three geological sections, as nearly equal in area as may be expedient, to be known as North Georgia, Middle Georgia, and South Georgia geological sections; the northern section shall extend from the State line southward to the 34th degree of latitude; the middle section shall extend from that degree southward to the 33d degree of latitude; the southern section shall extend from the last mentioned degree to the southern boundary of the State line; the survey and exploration of each

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of said sections shall commence simultaneously by said State Geologist and his assistants, and one thousand dollars of the foregoing appropriation, or so much thereof as may be necessary, shall be applied to each of said sections for an outfit and necessary expenses incident to the prosecution of the work in each section. So soon as a general outline of geological survey of the entire State shall have been made, the State Geologist shall enter upon one of these sections, and assign one to each of his assistants, and under the control of the first named, the corps shall proceed to make a careful and complete geological, mineralogical, and physical survey of the State; to enter upon record, to be kept for that purpose in his office, an accurate statement of the extent of all water-powers, woods, roads, springs, and water-courses, and the climate, topography, and general physical character of the country, and to locate the belts of ores and useful minerals, building material; report characteristics and composition of the soils and the deposits of marls and phosphates; to collect, analyze, and classify specimens of minerals, plants, and soils, and enter the same upon record; to cause to be preserved in a museum specimens illustrating the geology, mineralogy, soils, plants, valuable woods, and whatever else may be discovered in Georgia of scientific or economic value, and shall make a report of the survey of every county in this State, accompanied by all necessary maps and illustrations. For the purpose of making the analyses contemplated in this Act, the State Geologist shall have access to the chemical laboratory of the State. The State Geologist shall have supervision of the entire work, and shall be responsible for the accuracy of the same. It shall be the duty of the State Geologist to make reports to the advisory board as often as required by them, and they shall report to each General Assembly the progress and condition of the survey, an accurate account of money spent; and such reports of the State Geologist and his assistants as have been completed, together with all such information as may be deemed necessary and useful,be, and the same is, hereby repealed, and the following enacted in lieu thereof: Be it further enacted, That two competent assistant State Geologists shall be chosen by the State Geologist, who may remove them at any time for incompetency, inefficiency, or misconduct. So soon as a general outline of a geological survey of the entire State shall have been made, the State Geologist shall divide up the work between himself and his assistants in such way as shall be to the State's best interest, and under his direction and control the corps shall proceed to make a careful and complete geological, mineralogical, and physical survey of the State; to enter upon record, to be kept for that purpose in his office, an accurate statement of the extent of all water-powers, roads, springs, and water-courses, and the [Illegible Text], topography, and general

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physical character of the country, and locate the belts of ores, useful minerals, and building materials; to report characteristics and composition of soils, and the deposits of marls and phosphates; to collect, analyze, and classify specimens of minerals, rocks, ores, fossils, and soils, and enter the same on record; to cause to be preserved in a museum specimens illustrating the geology, mineralogy, soils, and whatever else may be discovered in the mineral or geological resources of Georgia, having scientific or economic value; and he shall make a report of the survey of every county of this State, accompanied with all necessary maps and illustrations. It shall also be the duty of said State Geologist to make a survey of the water-courses, ponds, lakes, and swamp region of Georgia; submit, in the report provided for in this Act, a topographical map showing the location, extent, means, and plans of drainage, and also estimate of the cost of said drainage of the ponds, lakes, and swamps of Georgia. The said State Geologist shall also make an estimate of the value and extent of the lands to be reclaimed by said drainage, and the State Geologist is hereby authorized to employ two competent topographers and four assistant topographers and two drivers, as may be necessary to carry out the purpose of this Act. The State Geologist shall have supervision of the entire work of the survey, and shall be responsible for the accuracy of the same. It shall be the duty of the State Geologist to make report to the advisory board once every three months, to wit: on the second Wednesdays in March, June, September, and December of each year. But no individual, firm, or corporation shall have the right to call upon or require the State Geologist to enter upon any special survey for his or their special benefit; but the survey is to proceed upon a settled plan for the benefit of the public, and investors and developers in general. Third section of Act of Nov. 12, 1889, repealed. Assistant State Geologists, how chosen and removed. Division of work. Survey to be made. Record to be kept. Locating of ore belts, etc. Collection of miner als, etc. Museum. Report of survey. Survey of water courses, [Illegible Text] etc. Drainage. Employment of topographers and drivers. State Geologist to supervise and be responsible. Reports to the advisory board. No special surveys. SEC. IV. Be it further enacted, That the eighth section of said Act be amended by striking out at the end of said section the words which shall be monthly or quarterly. Provision as to when report of advisory board shall be published, stricken. 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 17, 1894. NOTE BY COMPILER.The Act of which this Act is amendatory may be found in the Acts of 1889, p. 18.

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ELECTRICITYRENT OR SALE OF POWER. No. 118. An Act to encourage the creation and distribution of electricity for the purpose of power, heat, and lighting, and other purposes, by street-car companies operated by electricity or by any other companies generating or creating electricity in this State. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act, any person, company, or corporation creating electricity in this State, whether for their own use or for the use of others, shall have the power to make contracts and lease or rent said power, or any part thereof, to any person, company, or corporation desiring to use the same. Electricity, rent, or sale of power. SEC. II. Be it further enacted, That any railroad, or street railroad company, using electricity as a motive power, shall have the power to sell or dispose of, by contract, any surplus power generated by it or them, to any person or company or corporation desiring to use the same. Railroad companies may sell electric power. SEC. III. Be it further enacted, That all laws and all parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 17, 1894. AMENDING ACT AS TO SALES UNDER COUNTY COURT EXECUTIONS. No. 129. An Act to amend an Act, approved July 30, 1881, entitled an Act to provide for sales made under and by virtue of any fi. fa. or other process issued from the county courts of this State, so as to change the mode of advertising sales of personal property under county court fi. fas. for one hundred dollars or a less sum, and for other purposes. SECTION I. Be it enacted by the General Assembly of Georgia, That from and after the passage of this Act, the above mentioned Act be, and it is, hereby amended by striking out of the ninth line of section 1 of said Act the words a less sum than fifty dollars, and inserting in lieu thereof the words one hundred dollars or a less sum; and by striking out of the twelfth line of said section the words twenty-eight, and inserting in lieu thereof the word twenty, so that said section, when so amended, shall read as follows:

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Section 1. Be it enacted by the General Assembly of Georgia, That from and after the passage of this Act, all sales made by any sheriff or bailiff of the county court of any property levied on by such officer, under and by virture of any fi. fa. or other process issued from the county courts of this State, shall be conducted in the same manner and after the same advertisement as sheriffs' sales under process from the [Illegible Text] courts of this State, with the exception that when the fi. fa. or other process is for one hundred dollars or a less sum, and is levied on personal property, then, and in that case, such sale shall be advertised by posting a notice of the same at the courthouse door and three other public places in the county for twenty days before the day of sale; provided , that this Act shall not be held to repeal an Act entitled an Act to provide for the sale of property of a perishable nature, or that is liable to deteriorate in value from keeping, when levied on by tax fi. fas. or fi. fas. from county courts, approved October 13, 1879. When execution for one hundred dollars or less. Section as amended. Sale advertised by posting notice for twenty days. SEC. II. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and they are, hereby repealed. Approved December 17, 1894. NOTE BY COMPILER.The Act of which this Act is amendatory is on p. 111, Acts of 1880-81. GENERAL REGISTRATION LAW. No. 134. An Act to provide for the registration of voters in this State; to prescribe penalties for certain offences connected therewith; to make registration a condition precedent to voting; to define certain duties of managers of elections in connection with registration lists, and for other purposes. SECTION I. Be it enacted by the General Assembly, That after the first Monday in January, 1895, no person shall be permitted to vote in any election in the State for presidential electors, for members of Congress, for Governor, for State house officers, for members of the General Assembly, for county officers, county commissioners, for justices of the peace, for constables, for members of the county board of education, where chosen by the people, nor in any other popular election to fill any other State or county office now existing or hereafter created, nor in any State or county election for any purpose whatever, unless such person shall have been registered as hereinafter provided. No person to vote without registering.

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SEC. II. Be it likewise enacted, That on January 1, 1895, or as soon thereafter as practicable, and on the first day of January of each succeeding year, the tax-collector of each county in this State shall open a book or books, to be designated as voters' books, containing, on the first page thereof, or near the first page thereof, the following oath, to wit: I do swear, or affirm, that I am a citizen of the United States; that I am twenty-one years of age, or will be on the..... of..... of this calendar year; that I have resided in this State for one year, and in this county for six months immediately preceding the date of this oath, or will have so resided on the..... of..... of this calendar year; that I have paid all taxes which, since the adoption of the Constitution of 1877, have been required of me, except taxes for this year, and that I am not disfranchised from voting by reason of any offence committed against the laws of the State. I further swear, or affirm, that I reside in the..... district, G. M., or in the..... ward of the city of..... at number..... on..... street; my age is....., my occupation...... Said tax-collector may open as many of said voters' books as he may deem necessary, and he shall always keep one of such voters' books open for signatures, at his office at the county site, at any and all times when his office is open for the payment of taxes or other business; and he shall also carry with him and keep open for signatures one such voters' book, in each and all of his visits to the several militia districts of his county for the purpose of collecting taxes. That said tax-collector, or any clerk employed by him and authorized by him to receipt for taxes in the usual course of his employment, is hereby empowered to take charge of said voters' books, and to administer said oath. When the signature of any person is not clearly legible, the officer in charge of the voters' book shall, at the time the signature is made, write out the same in clearly legible letters opposite or under said signature. Tax collector to open registration books. Oath of applicant. Books to be kept open at county site. And carried in tax-collector's visits to militia districts. Who may take charge of books and administer oaths. When signature not clearly legible. SEC. III. Be it likewise enacted, That any male person desiring to be registered as a voter, may apply to the tax-collector, or his clerk as above described, and after reading said oath, or having same read to him, shall subscribe to the same by signing his name in said voters' book, underneath the written or printed oath above described, or on some page following the one on which said oath is printed or written; a memorandum or entry of the district or ward (giving the name of the street, and the number of his residence, if any, his age and occupation) in which affiant lives being first made by the officer in charge of the book, or by the affiant above the place of signatures of the affiant. And when affiant is not twenty-one years old at the date of taking the oath, a similar entry or memorandum shall, in like manner, be made, showing the date in

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that year when he will reach twenty-one; and when the affiant has not resided in the State one year or in the county six months at the date of taking the oath, a similar entry or memorandum shall be made, showing the date in that year when he will have resided in the State one year and in the county six months. Upon request of the applicant, the officer in charge of the book shall read or repeat said oath, distinctly, to the applicant, and if the applicant cannot sign his name, the said officer shall sign it for him, the applicant making his mark thereto. The signatures so made in said voters' books shall be prima facie evidence that the person so signing swears, or affirms, the truth of every material fact contained in said oath, and also of the said written memoranda or entries preceding his signature. For the purpose of more easily identifying voters, the officers in charge of the voters' book shall note thereon, in connection with each signature, the race of the person signingthat is to say, whether white or colored; provided , that no tax-collector shall allow any person to sign his name in the voters' book unless he is satisfied, at the time, that the taxes due by said voter are paid and that he is otherwise qualified. Application and method of registering. When applicant not twenty one years old at date of taking oath. When he has not resided in State or county required time. Oath to be read or [Illegible Text] at request of applicant. Signatures prima facie evidence. Race to be noted on book. Tax collector must be satisfied applicant entitled to register. SEC. IV. Be it likewise enacted, That in addition to keeping said voters' books open for signatures during the usual hours of business daily, from January 1st, as heretofore required, the tax-collector shall, for a period of thirty days, beginning fifty days prior to the first Wednesday in October of 1896, and each second year thereafter (the same being the dates of the general State elections), keep said voters' books open for signatures, at his office at the county site, from 9 o'clock A.M. to 4 o'clock P.M. each day, Sundays only excepted. And he shall observe the same hours for a similar [Illegible Text] of thirty days, beginning fifty days prior to the Tuesday next after the first Monday in November of 1896, and each second year thereafter (the same being the date of Federal elections). Special periods for keeping books open. SEC. V. Be it likewise enacted, That at the end of each of said periods of thirty days and twenty days before said October and November elections named in section 4 of this Act, said tax-collector shall file with the county registrars, hereinafter provided for, an accurate and complete list of all the names signed in said voters' books since January first of that year. Said list of names to be arranged in alphabetical order and by militia districts and city wards, and also showing the dates in that year when persons will arrive at full age or will have resided in the State and county the requisite time, as sworn to in the voters' books. And said list shall also show the race of each person,that is to say, whether white or colored,his age, occupation, and residence. List of those registered to be filed with county registrars. How list to be arranged. What it must show.

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SEC. VI. Be it likewise enacted, That the tax-collector, the ordinary, and the clerk of the superior court of each county shall, on or before July 1st of each year, beginning with 1895, prepare and file with the county registrars and tax-collector a complete list, alphabetically arranged, of all persons living in the county on January 1st of that year, who are disqualified from voting in that year by reason of non-payment of taxes since 1877, or by reason of idiocy, insanity, or conviction of a crime whose penalty is disfranchisement, unless such convict has been pardoned and the right of suffrage restored to him; and said list shall also show the race of each person,that is to say, whether white or colored. In preparing said list of disqualified persons, the said tax-collector, ordinary, and clerk of the superior court shall act upon the best evidence obtainable by them, and they shall especially examine and consider the records of the criminal courts of the county, the insolvent tax lists, tax digests, and tax execution dockets and tax executions, wherever they may be. In the event that there is a difference of opinion among said three officers as to whether any name or names shall be placed on said list of disqualified persons, the concurrent voters of any two shall control in the matter. List of persous disqualified to befiled. Preparation of such list. SEC. VII. Be it likewise enacted, Within thirty days after January 1st, 1895, and biennially thereafter, the judge of the superior court of each county shall appoint three upright and intelligent citizens of said county as county registrars of said county, and have the appointments entered on the minutes of the court. Said appointment shall be for a term of two years and until their successors are appointed and qualified. The said judge shall have the right, however, to remove said registrars at any time in his discretion, with or without cause, and at once appoint a successor; provided , however, that said judge shall not appoint all the registrars from any one conflicting political interest or party, and if at any time it shall appear that all the registrars are from one conflicting political interest or party, then one of said registrars shall at once be removed and a successor appointed, so as to maintain a bi-partisan board. Before entering upon his duties each of the county registrars shall take the following oath before some officer authorized to administer an oath under the laws of this State, to wit: I do solemnly swear that I will faithfully and impartially discharge, to the best of my ability, the duties imposed upon me by law as county registrar. Appointment of county registrars. Term of office. Removal from office. Board to be bi-partisan. Oath of registrars. SEC. VIII. Be it likewise enacted, That fifteen days before the October and November elections mentioned in section four of this Act, and immediately upon receipt of the list of names taken from the voters' books by the tax-collector as required in section five of

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this Act, the county registrars shall proceed to examine said list and compare the same with the list of disqualified persons, prepared and filed by the tax-collector, the ordinary, and the clerk of the superior court, as required in section six of this Act, and shall proceed to make up a list to be known as registered voters, in alphabetical order of names and by militia districts and city wards, distinguishing in said lists between the white and colored voters, said list to show the age, occupation and residence of said voters. All names appearing on the lists taken from the voters' books, and not appearing on the list of disqualified voters, shall be entered on the list of registered voters unless withheld therefrom as hereinafter provided. No name appearing on the list of disqualified voters shall be entered on the list of registered voters, unless placed thereon as hereinafter provided. A name appearing on the list taken from the voters' books, and not appearing on the list of disqualified voters aforesaid, shall be withheld from the list of registered voters when the county registrars are convinced by sufficient legal proof that such person is, in fact, not qualified to vote. A name appearing on the list of disqualfied [Illegible Text] shall be entered on the list of registered voters when said name appears on the list taken from the voters' books, and when, in addition thereto, the county registrars are convinced, by sufficient legal proof, that such person was not disqualified, or that his disqualification has been removed. No name shall be entered on the list of registered voters unless it was signed in the voters' books as shown by the list taken therefrom; provided , however, that any person, who, after application, was unlawfully denied the right to sign the voters' book, may have his name placed upon the list of registered voters upon satisfactory showing made to the registrars that he is entitled to be registered. The county registrars shall not be confined to the evidence furnished by the list of disqualified voters, but may have access to the original papers or books from which said lists were compiled, and may hear any competent written evidence or oral testimony, under oath, concerning the disqualification of any person whose name appears on the list taken from the voters' books. The county registrars may likewise hear any competent written evidence or oral testimony, under oath, concerning the removal of the disqualification of any person whose name appears on the list of disqualified voters. The names of all persons who were not of age, or who had not resided in the State and county the requisite time at the date of signing the oath in the voters' books, shall be placed on the proper lists prepared for any election occurring after the date when such persons reached full age or have resided in the State and county the requisite time. For the purpose of determining the qualification or disqualification

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of persons as aforesaid, the county registrars shall have the power to require the production of books, papers, etc., upon one day's notice, and, upon like notice, to subpoena and swear witnesses. If the county registrars shall differ among themselves upon any question coming before them under this Act, the concurrent vote of two of said registrars shall control. The sheriff, his deputy, or any lawful constable of said county may serve all summons, notices, and subp[oelig]nas, as issued by said county registrars, and receive such compensation as is customary for like services. If the name of any person appears on the voters' book whose right to have his name placed upon the list of registered voters is questioned by the registrars, said registrars shall give said person at least one day's notice of the time and place of hearing the question; which notice shall be in writing and served upon said person, either personally or by leaving the same at his most notorious place of abode. Examination of lists by registrars. List of registered voters to be prepared by registrars. What names to be entered thereon. Person unlawfully denied right to sign voters' book. Evidence which may be used by registrars. When names of person not of age, etc., may be placed on list. Production of books, etc., may be required. Concurrent vote of two registrars to control. Service of [Illegible Text], etc. Disputed right to have name on book placed on list. SEC. IX. Be it likewise enacted, That the county registrars shall, at or before the hour appointed for opening the polls, place in possession of the managers of the election at each voting-precinct in the county one or more printed or clearly written copies of the lists of registered voters for such militia district or city ward in which the voting-precinct is situated, said lists to contain all the information hereinafter provided for; and the county registrars shall, in like manner, place in possession of the election managers of the voting-precinct at the courthouse, at the county site, proper lists for each militia district, the voting-precinct of which is situated outside of an incorporated town. Said lists of registered voters shall be duly authenticated by the signature of two of said county registrars. Copies of lists to be furnished election managers. Authentication of such lists. SEC. X. Be it likewise enacted, That all persons whose names appear on the list of registered voters placed in possession of the election managers as required in section 9 of this Act, and no others, shall be allowed to deposit their ballots according to law, at the voting-precinct of the militia district or city ward in which they are registered, but not elsewhere, except as hereinafter provided. If in any city ward or militia district a voting-precinct is established and opened, the county registrars shall furnish to the election managers at the voting-precinct at the courthouse, at the county site, the lists of registered voters for such ward or militia district, and persons whose names appear on such lists shall be allowed to vote at the voting-precinct at the courthouse, at the county site, under the same rules that would have governed if a voting-precinct had been established and opened in said ward or militia district. If any person shall offer to vote at the precinct at the courthouse, at the county site, whose name does not appear on

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the lists for that ward or militia district, but does appear on the lists for one of the militia districts in which the voting-precinct is situated outside of an incorporated town, such person shall be allowed to vote at the courthouse, at the county site, upon taking the following oath, to be administered by one of the managers: I swear, or affirm, that I have not voted elsewhere in this election. The managers of the elections at the different precints shall return the lists of registered voters to the clerk of the superior court, by which officer said list shall be kept open for public inspection, and by said officer placed with the foreman of the next grand jury for such action as may be deemed proper by the grand jury. Said list is not to be placed with said clerk until after examination by the board of consolidation. No one may vote whose name not on list. When voting precinct not opened, vote may be at county site. Oath to be taken in such cases. Return of lists by election managers. To be kept for public inspection. List to be examined by board of consolidation. SEC. XI. Be it likewise enacted, That for each name signed in the voters' books, the tax-collector shall receive the sum of five cents. For each name on the list of disqualified voters, the tax-collector, ordinary, and clerk of the superior court shall each receive the sum of one and one-half cents. For each day the county registrars may be actually engaged in the discharge of their duties, they shall each receive the sum of two dollars. All of said sums are to be paid out of the county treasury as other county bills are paid; provided , however, that the county commissioners of any county shall have the power to fix a different compensation for the above named officers in their respective counties; and in counties having no county commissioners, such power to change the compensation herein provided shall belong to that officer or officers exercising the power usually vested in county commissioners. The cost of the voters' books and of printing the lists provided for in this Act shall be paid out of the county treasury as other county bills are paid. Fee for placing name on books. Compensation of Registrars. Payment of said sums. Different compensation may be fixed. Costs of books and printing lists. SEC. XII. Be it likewise enacted, That said voters' books and lists taken therefrom, said lists of disqualified persons, said lists of registered voters shall be at all times open to reasonable inspection of any citizen of the county, but shall not be removed for such inspection from the custody of the ordinary or other officer in charge. At the end of each year the tax-collector shall file all said voters' books in the office of the ordinary of the county, and the county registrars shall also file, at the end of each year, in the office of the ordinary, certified copies of the lists of registered voters prepared for each election. Books and lists open to reasonable inspection. But not to be removed from custody of officer. Voter's books to be filed with ordinary. Also certified copies of lists. SEC. XIII. Be it likewise enacted, That any person who shall sign his name or mark to the oath in said voters' books as aforesaid, and who is not in fact qualified as stated in said oath, shall be guilty of a misdemeamor and punished as provided in section

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4310 of the Code of 1882. Any person who shall sign his name or his mark in said voters' book more than once for the same calendar year, or who shall in like manner sign any assumed or ficticious name therein, and any person who shall aid or abet any other person to sign his name or his mark in said voters' book more than once for the same calendar year, or who shall aid or abet any other person to sign any assumed or fictitious name therein, shall be guilty of a misdemeanor and punished as provided in section 4310 of the Code of 1882. Any person who shall deposit or aid or abet another to deposit a ballot at any election in any name other than his own, as appears on said list of registered voters, or who shall vote without having signed the oath provided by the tax-collector in the voters' book hereinbefore set forth, unless his name shall have been entered on the lists of legal voters as herein provided, shall be guilty of a misdemeanor and punished as prescribed in section 4310 of the Code. Any tax-collector, clerk, or other person who shall falsify said voters' books or lists taken therefrom, and any county registrar who shall falsify the lists of registered voters shall be guilty of a felony and punished by confinement in the penitentiary not less than one nor more than five years, and shall be forever afterwards prohibited from holding any office in said county or State. Penalty for signing books when not qualified. Penalty for signing more than once. Or signing assumed names. Or for aiding to sign more than once, or assumed name. Or for voting or siding to vote under a sumed name. Or voting without having signed the oath. Penalty for [Illegible Text] [Illegible Text] of books or lists. SEC. XIV. Be it further enacted, That when an election is to be held for any purpose as named in first section of this Act, at any time other than the first Wednesday in October and the Tuesday next after the first Monday in November, as specified in section four of this Act, the provisions of this Act shall apply in all respects. When election held at time other than 1st Wednesday in October, and Tuesday after 1st Monday in November. SEC. XV. Be it likewise enacted, That the tax-collector may use a separate printed oath for each person instead of the books hereinbefore named; said printed oaths to be pasted into a suitable book, from which the list provided for in section 5 of this Act shall be taken. Signing one of said separate printed oaths shall be, in all respects, equivalent to signing in said voters' books. Separate printed oath may be used. Signing such oath equivalent to signing book. SEC. XVI. Be it likewise enacted, That all the duties herein required of the county registrars and all hearing of evidence upon the qualifications of voters shall be discharged and had in public. Proceedings of registrars to be public. SEC. XVII. Be it likewise enacted, That all laws and parts of laws in conflict with this Act are hereby repealed. Approved December 17, 1894.

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AUDITORS, APPOINTMENT, DUTIES, ETC. No. 143. An Act to provide for the appointment of auditors, prescribe their duties, fix their compensation, provide for a method of making their reports, regulate the practice in cases where exceptions are filed to their reports, and to repeal all existing laws in reference to masters and auditors, 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 duties heretofore performed by a master in the superior court shall be performed by an auditor; and, in term time or vacation, upon application of either party, after notice to the opposite party, the judge of the superior court, in equitable proceedings, if the case shall require it, may refer any part of the facts to an auditor to investigate and report the result to the court. His report shall be prima facie the truth, either party having the liberty to except. But the final decision upon all exceptions of [Illegible Text] shall be by a jury. Duties heretofore performed by master to be performed by auditor. Appointment of. Report to be prima [Illegible Text] true. SEC. II. Be it further enacted, That in all cases now pending, or hereafter to be brought in the superior or city courts, involving matters of account, if the case shall require it, the judge of said court, in term time or vacation, may, upon the application of either party, after notice to the opposite party, appoint an auditor to investigate such matters of account and report the result to the court. In what cases appointment may be made. SEC. III. Be it further enacted, That in all cases, unless modified by the order of the appointment, in addition to the matter especially referred, the auditor shall have power to hear demurrers, allow amendments, and pass upon all questions of law and fact. He shall have power to subp[oelig]na and swear witnesses and compel the production of papers, and in cases of contempt by either party, witness, or other persons, upon application to the court making the appointment, the judge shall, in term time or vacation, take such proceedings and impose such penalty as the facts authorize or require. Powers of auditor. SEC. IV. Except by the written consent of all parties, the auditor shall not hear evidence or argument out of the county in which the case is proceeding. He shall give both parties or their counsel reasonable notice of the time and place of hearing, and shall be sworn a true report to render according to the law and the evidence, without favor or affection to either party. When auditor may sit out of county where case pending. Oath of auditor.

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SEC. V. The auditor shall make an accurate report of all motions made before him and of his rulings thereon; reduce to writing a brief of the oral and documentary evidence submitted by the parties. But at the request of either party, any original argument introduced in evidence shall be properly identified and attached to the report in lieu of a brief thereof. Contents of auditor's report. Original documents may be attached to report. SEC. VI. All evidence offered and deemed by him inadmissible shall, nevertheless, be reported by the auditor, and if, upon exception filed to his ruling thereon, the evidence is adjudged to be admissible, the same may be considered upon the trial of exceptions of fact. Evidence deemed inadmissible to be reported. SEC. VII. After hearing the evidence and argument, the auditor shall file the evidence and a report, in which he shall clearly and separately state all rulings made by him, classify and state his findings and report his conclusions upon the law and facts. Rulings, findings and conclusions, how reported. SEC. VIII. Upon filing his report, he shall give both parties or their counsel written notice thereof. Notice of filing report. SEC. IX. Within twenty days after the report is filed and such notice given, either party may file exceptions, to be separately classified as exceptions of law and exceptions of fact. All exceptions shall clearly and distinctly specify the errors complained of. Exceptions to report. SEC. X. Exceptions as to any matter not appearing on the face of the record, brief of evidence, or in the report itself shall be certified to be true by the auditor within forty days after the report is filed, and it the auditor determines that such exception is not true, or does not contain all of the necessary facts, he shall return the same within ten days to the party or his attorney, with his objection in writing. If these objections, within ten days, are met and removed, he may then certify the same, specifying the cause of delay. Exceptions as to matters not appearing in record, brief of evidence, or report. SEC. XI. If, for any cause, the certificate is not certified by the auditor, without fault of the party or his attorney, such party or his attorney may apply to the judge of the superior court, in term or vacation, within thirty days from the tendering of such exemptions, and, on petition, obtain a [Illegible Text] nisi directed to such auditor. When certificate not made by auditor, without fault of party, etc. SEC. XII. Such petition shall set out a substantial copy of the exceptions and shall be verified by the party or his counsel or supported by other proof as to the truth of the fact stated. Such mandamus nisi shall be served upon the auditor within ten days after the same is signed by the judge and shall be made returnable not more than thirty days from its date and may be heard in term or vacation. The opposite party shall have notice of the time and place of hearing the mandamus nisi and may resist the application

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for a mandamus absolute. If there is a traverse filed to the answer, the same shall be determined by a jury. If the mandamus be made absolute, the order shall have the effect, to that extent, of amending the report of the auditor. What petition for mandamus must contain. Service, return of and hearing of. Notice of to opposite party. Determination of traverse to answer. Effect of mandamus absolute. SEC. XIII. For indefiniteness, omissions, errors of calculation, failure to report evidence, errors of law, or other proper cause, the judge may recommit the report for such further action as may be proper. In such cases the evidence shall be confined to such issues as the judge, in the order of recommitment, may indicate, or if ordered to be taken de novo , the parties may agree as to what portion of the original report shall be retained in lieu of reintroduction. Report may be recommitted. What evidence to be heard in such cases. SEC. XIV. Exceptions of law shall be for the exclusive consideration of the judge. Exceptions of law for judges. SEC. XV. In all cases where an auditor is appointed, exceptions of fact to his report shall be passed upon by the judge as in other issues of fact. The report shall be taken as prima facie correct, and the burden be upon the party making exceptions, and he shall have the right to open and conclude the argument. Exceptions of fact for jury. Burden on party excepting. SEC. XVI. In equitable proceedings where an auditor has been appointed by the superior court, if the judge approve any exception of fact, the same shall be submitted to the jury, as in other cases with the same presumptions, burdens, and right to open and conclude. In equitable proceedings exceptions of fact to be approved by judge. SEC. XVII. In all cases where both parties file exceptions of fact, the party against whom judgment would be rendered, if the report were approved, shall be entitled to open and conclude the argument. Burden where both parties except. SEC. XVIII. In all cases where exceptions of fact are submitted to the jury, the same shall be determined upon the testimony reported by the auditor, except that admissible material evidence introduced and not reported, and evidence improperly excluded, shall be submitted to the jury, and all inadmissible evidence shall be excluded from their consideration. Where exceptions of fact submitted to judge, etc. SEC. XIX. No new testimony shall be considered except in those cases where, according to the principles of law, a new trial would be granted for newly discovered evidence. Application to introduce such original and newly discovered evidence shall be made to the judge before the argument on the exceptions, if the same be then known, with a statement under oath of the party and his attorney, setting out the expected testimony and facts authorizing it to be admitted as newly discovered evidence. The opposite party shall be served with notice of such application, and if the same is admitted, the opposite party shall be entitled to a continuance, and on the trial to introduce original testimony in rebuttal of such newly discovered evidence. When new testimony may be considered. Notice to opposite party. Right of opposite party if evidence admitted.

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SEC. XX. Where exceptions of facts have been filed to the report of an auditor, the judge shall cause the issue thus made to be submitted to the jury, in which trial only so much of the evidence reported as is material and pertinent to the issue then on trial shall be read to the jury. In all cases the jury shall find for or against each exception submitted scriatim . What evidence to be read to jury. Finding to be on exceptions seriatim. SEC. XXI. If the report is not excepted to, the court shall frame a verdict or decree thereon as may be proper. If exceptions are filed, after the same have been considered and passed upon by the court or jury, or both, as the case may be, the court shall order a verdict or a decree in accordance with the report, and the changes made by court or jury, unless the same shall require a recommitment. When report not excepted to. Verdict or decree when exceptions filed and passed upon. SEC. XXII. The fee of the auditor shall be taxed by the judge and shall be as follows: For reporting the evidence, an amount not exceeding fifteen cents a hundred words, but in no case to exceed $500 for reporting the evidence. for reporting his findings, rulings, proceedings, and conclusions, in cases involving less than $1,000, an amount not to exceed ($50) fifty dollars; cases involving more than $1,000, and less than $5,000, not more than one and one-half per cent. on the excess over $1,000, in addition to the fee above named; in all cases involving more than $5,000, the fees above prescribed, and not more than one per cent. on the excess above $5,000, but in no case shall the total fees for all services rendered by the auditor exceed $1,000. Auditor's fees. SEC. XXIII. In all cases where the parties agree upon the person to be appointed as auditor, the court shall appoint such person. It shall be lawful for the court, with the consent of the parties, to fix the fees of the auditor in advance, and incorporate the same in the order making the appointment. Where parties agree on person to be appointed. Fees may be fixed in advance. SEC. XXIV. That all laws in reference to auditors and masters now of force and upon the statute books be, and the same are, hereby repealed, it being the intent of this Act that it shall take the place of all present laws in reference to masters and auditors. This Act to supersede all others as to masters and auditors. 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 December 18, 1894.

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SALE OF NORTHEASTERN RAILROAD. No. 149. An Act to provide for the sale of the Northeastern Railroad; to make provisions for the discharge of the liability of the State on the bonds of the said railroad company, and for this purpose to authorize the issue of bonds of the State, the par value of which shall be equal to the amount of the State's liability by reason of its indorsement upon the bonds of said company; to authorize the exchange of said State bonds with the holders of said indorsed bonds, and to provide for the sale of so many of said State bonds as may be necessary to pay such of the indorsed bonds as shall not be thus exchanged, and of all accrued interest on said indorsed bonds, 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 Governor be, and he is, hereby authorized and directed to make to the bondholders of the Northeastern Railroad Company, holding bonds indorsed by this State, the following proposition: Said bondholders shall deposit their bonds with the Treasurer of this State on or before the 1st day of March, 1895, for the purpose of exchanging said bonds for new bonds of the State or receiving the principal and interest thereon in cash, as they may prefer; that so soon as three-fourths of said bonds have been so deposited, the Treasurer be authorized to exchange at par, new bonds of the State of Georgia, bearing 3 per cent. interest per annum, payable semi-annually and running for twenty years, for the principal of the said Northeastern bonds so indorsed by the State, and to pay in cash the accrued interest due on said bonds at the time such exchange is made; provided , however, that in case it should appear at the time when such exchange is offered, that the Treasurer can negotiate and sell the bonds of the State of Georgia, hereinbefore referred to, at a sum greater than the par value thereof, then, and in that event, he shall not exchange the same at par, but shall sell the said bonds of the State of Georgia, and from the proceeds arising from such sale, pay the principal and interest of all the bonds of the said Northeastern Railroad Company then outstanding, bearing the indorsement of the State of Georgia on same. The Treasurer of the State shall continue to exchange or to pay such Northeastern bonds so indorsed by the State, as herein required, until the entire amount of the issue aforesaid has been taken up or paid off in full. The Treasurer shall issue a receipt to the party depositing the bonds, in the name of the State of Georgia,

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for each bond and coupon so deposited, to be surrendered when the new bonds are received or the money paid for the old. Proposition to be made by Governor to bondholders. When three-fourths of bonds deposited. Treasurer may exchange new bonds. If Treasurer can sell State bonds to [Illegible Text] advantage. He shall not make the exchange but [Illegible Text] State bonds. Entire issue of indorsed railroad bonds to be retired. Receipt for deposit of bonds. SEC. II. Be it further enacted by the authority aforesaid, That the Governor of the State shall, so soon as practical after the passage of this Act, advertise the proposition contained in the first section of this Act in at least one daily paper in each congressional district in this State for at least one month, and shall also insert such advertisement in at least one prominent daily newspaper in the cities of New York, Philadelphia, and Chicago, weekly, for at least one month. Advertisement of above proposition. SEC. III. Be it further enacted by the authority aforesaid, That so soon as three-fourths of the bonds of the Northeastern Railroad Company, indorsed as aforesaid, shall have been deposited with the Treasurer, the Governor shall immediately advertise all the property of said Northeastern Railroad Company for sale at public outcry, to the highest bidder, in accordance with the provisions of the Act, approved 27th day of October, 1870, under which the indorsement of said Northeastern Railroad bonds was made by the State, the payment therefor to be made in cash or the authorized bonds of the State at their then market value. Such sale shall occur in the city of Athens after an advertisement of the same in one of the leading New York papers, and in at least four other leading newspapers in the State of Georgia. In case such property should not bring the amount of the bonded indebtedness upon which the State is indorser, to wit, the sum of $260,000, with the accrued interest, then, and in that event, the Governor shall bid the same in, and take title to the same in the name of the State of Georgia. Should there be any bid received for a sum higher than the said $260,000, with the accrued interest, then the Governor shall not bid further for the property in behalf of the State. Advertisement for sale of railroad property. Payment by purchaser. Where and when sale to occur. If property does not bring amount of State's indorsement. Governor may buy for State. Bid by Governor not to be more than State's liability on bonds. 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 18, 1894. NOTE BY COMPILER. The approval of this Act is in the following words: Without conceding to the General Assembly authority to direct the Governor where the contract between the State and the Northeastern Railroad requires him to act in his discretion, I approve this bill. For Act of October 27, 1870, incorporating the Northeastern Railroad Co., and providing for indorsement of its bonds by the State, see Acts of 1870, p. 344. For resolution authorizing the Governor to buy the railroad, if in his judgment such a course is necessary to protect the State's interest, see Acts of 1893. p. 499.

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Part II.Corporations. TITLE I.RAILWAY COMPANIES. TITLE II.BANKS.

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TITLE I . RAILWAY COMPANIES. ACTS. The Athens Electric Railway Company Incorporated. The South Carolina and Augusta Railroad Company Authorized to extend its Railroad into this State. THE ATHENS ELECTRIC RAILWAY COMPANY INCORPORATED. No. 126. An Act to incorporate The Athens Electric Railway Company, and to define its rights and privileges, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That W. S. Holman, J. A. Hunnicutt, J. Y. Carithers, and Albin P. Dearing, of the city of Athens, Ga., together with such other persons as may become associated with them under this Act, their successors and assigns, be, and they are, hereby created a body politic and corporate under the name of The Athens Electric Railway Company, and that by that name they and their successors and assigns shall and may continue as such body politic, may sue and be sued in any of the courts or elsewhere, may make by-laws and rules and regulations for its government, not inconsistent with the laws of this State or the United States, and may do all lawful acts incident to a corporation and necessary and proper for the transaction of the business for which it is incorporated; may determine as to the number of its directors and the time and mode of electing them; may have and use a common seal; may lease, purchase, accept, hold, enjoy, and convey any property, real or personal, or privilege that may be necessary for the purposes herein set forth, or which may be acquired in the pursuit or for the purposes of its

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business; may accept subscriptions and donations; may purchase, take, and hold stock in other corporations; may borrow money and issue bonds or other obligations therefor, and may secure the same by mortgage, trust deed, or otherwise, on any or all of the property, privileges, and franchises of said company. Corporators. Corporate name. General corporate powers. SEC. II. Be it further enacted, That said company shall have the power and authority to keep up, maintain, equip, use, own, and operate, by electricity or such other power or means of propulsion as the mayor and council of the city of Athens may consent to, the line of street railway in said city already constructed, by consent of said mayor and council, on and over parts of Board street, College avenue, Clayton street, Lumpkin street, Thomas street, Washington street, Hancock avenue, Pulaski street, Prince avenue, Hill street, Milledge avenue, Barber street, and Boulevard; to lay out, extend, construct, equip, use, and operate, as above stated, said street railway over and upon the streets above named and such other streets, routes, and ways in the city of Athens as said mayor and council may hereafter consent to; and shall have the further power and authority, subject to the consent of the proper authorities, to extend, construct, equip, and operate said street railway or electric wires for other purposes, along the public roads or elsewhere, through Clarke or other counties, and to any town in an adjoining county; provided , that all disputed rights of way may be acquired by said company, as provided by section 1689(l) of the Code of Georgia of 1882, and all the provisions of said section shall be held, taken, and considered as a part of this Act, so far as the same may be applicable. Powers as street railway company. Routes. Disputed rights of way. SEC. III. Be it further enacted, That said company shall have power and authority to rent, lease, construct, build, own, and operate electric plant or plants in the city of Athens, or Clarke county, Georgia, or in adjacent counties to generate, sell, and transmit electric current or power for lighting, heating, manufacturing, or other use to which it may now or hereafter be applied; to rent, lease, construct, own, and operate, by electrical power or otherwise, grist or flour mills, manufacturing establishments of all or any kind, or other machinery; to buy, rent, lease, or sell electric supplies of all kinds, and to do a general electric business. Power to rent, construct, own, etc., electric plants. Mills, factories, etc. Electric supplies and general electric business. SEC. IV. Be it further enacted, That said company shall have power and authority to rent, lease, construct, own, control, and operate parks, zological gardens, ten-pin alleys, or other places of amusement; to buy and sell land or other property, real or personal; to loan money and take as security therefor notes, deeds, mortgages, or other securities. Power to rent, construct, own, etc., parks, gardens, etc. Loan money, etc. SEC. V. Be it further enacted, That the capital stock of said company shall be $50,000.00, which may be increased to not more than $200,000.00, from time to time by a vote of the majority of

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the stockholders, books of subscription for which may be opened in Athens or at any other place in the United States which may be deemed expedient. Said stock shall be divided into shares of $100.00 each, and shall be paid for, issued, and transferable in such manner and upon such conditions as the board of directors may determine, each of such shares being entitled to vote at such time and in such manner as the said company shall by its by-laws prescribe. There shall be no personal liability upon any stockholder beyond unpaid subscriptions for stock. Capital stock. Subscription books. Par value shares. Issue, transfer, etc., of stock. Vote of shares. Liability of stockholders. SEC. VI. Be it further enacted, That said company shall have power and authority to connect with any railway now constructed or which may hereafter be constructed in Clarke or adjacent counties, and to lease or sell their said railway, with its appurtenances, franchises, and privileges to or consolidate with any other railway company competent to own and operate the same. Power to connect with other railways. Lease or [Illegible Text] of other railways. SEC. VII. Be it further enacted, That the consent of the mayor and council of the city of Athens required in behalf of this Act, or any part thereof, or to the use of any street, way, or route within the corporate limits of said city, may be signified by a resolution passed in council, either before or subsequent to the passage of this Act. How consent of municipal authorities may be signified. SEC. VIII. Be it further enacted, That said company shall enjoy all the privileges, rights, and powers conferred by this Act for the term of fifty (50) years. Term of charter. SEC. 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 17, 1894. SOUTH CAROLINA AND AUGUSTA RAILROAD COMPANY AUTHORIZED TO EXTEND ITS RAILROAD INTO GEORGIA. No. 141. An Act to authorize and empower the South Carolina and Augusta Railroad Company, a railroad corporation chartered, or to be chartered, by the laws of the State of South Carolina, to construct its railroad from its terminus in South Carolina to and into this State to some point in or near the city of Augusta, and through the same, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That the South Carolina and Augusta Railroad, a corporation chartered, or to be chartered, by the laws of the State of South Carolina, to build a railroad between the city of Charleston

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and the line between the States of Georgia and South Carolina, in or near the town of Hamburg, in said last named State, be, and the same is, hereby authorized and empowered to construct its railroad from the point of its terminus in South Carolina, from or in the vicinity of the town Hamburg in said State, across the Savannah river into the State of Georgia, so that the same may be extended, constructed, maintained, and operated to and into the city of Augusta and through the city of Augusta to some point beyond the limits of said city of Augusta, not exceeding ten miles from said city of Augusta, where proper and suitable connections may be made with other railroads; provided , that the provisions of this Act, so for as it relates to the entrance of said road into the city of Augusta and its passage through said city, shall not become operative until the city council shall have consented thereto. Authorized to construct railroad into and through Augusta. Not exceeding ten miles from Augusta. Assent of city council necessary. SEC. II. Be it further enacted, That the said South Carolina and Augusta Railroad be, and the same is, hereby authorized to construct its said road in this State to the extent aforesaid, and to acquire and hold such property as may be appropriate for its railway tracks, road-bed, stations, yards, connections, and terminals as provided in section 9 of the general Act for the incorporating of railroads in this State, approved December 19th, 1892; and that in the event said corporation does not procure such property by contract, lease, or purchase, that it may exercise the right of condemning the same for such purposes in the manner provided in section 11 of the said general Act for the incorporation of railroads in this State, approved December 19th, 1892. Power to acquire and hold property. Right of condemnation. SEC. III. Be it further enacted, That the said South Carolina and Augusta Railroad shall be liable to be sued by all persons having claims against it in the courts of any county in this State through which it runs, having jurisdiction by law of the subject-matter and service of any subp[oelig]na, writ, process, petition, or other paper in any such suit, may be made as provided by law in the case of corporations chartered by this State. May be sued in courts of this State. Service, how made. SEC. IV. Be it further enacted, That this Act shall be taken and held as a public Act. This Act a public Act. SEC. V. Be it further enacted, That all laws in conflict with this Act be, and the same are, hereby repealed. Approved December 18, 1894.

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TITLE II . BANKS. ACTS. The South Georgia Bank of Waycross, Charter Amended. The Merchants Bank of Valdosta, Charter Amended. The Macon Savings Bank, Charter Amended. THE SOUTH GEORGIA BANK OF WAYCROSS, CHARTER AMENDED No. 40. An Act to amend an Act to incorporate the South Georgia Bank of Waycross, approved August 16, 1889, by providing for an increase of the board of directors, a reduction of the capital stock, the creation of a savings department, and to confer certain other powers and privileges on 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 authority is given to increase the board of directors of the South Georgia Bank of Waycross to any number not exceeding ten. Increase of number of directors. SEC. II. Be it further enacted by the authority aforesaid, That the capital stock of said bank may be reduced to any sum not less than ten thousand dollars, and in the same manner is provided in the charter of said bank for an increase of its capital stock. Reduction of [Illegible Text] stock. SEC. III. Be it further enacted by the authority aforesaid, That said corporation shall have power to create a savings department and receive deposits of money and contract to pay thereon such rate of interest as may be agreed on, not exceeding the lawful rate, and in the by-laws for the government of the same may regulate the maximum and minimum amount of deposits they will receive, the rate of interest to be paid and 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

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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 named, or to all depositors. Evidences of the deposit made shall be given by means of pass-books, certificates, or in such other manner as the bank 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 depositors, free from the control or lien of all persons whomsoever, 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 [Illegible Text] interest so paid. 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 time and after such previous notice and under such regulations as may be prescribed by the board of directors, which regulations shall be printed in the pass-books and shall be evidence between the bank and the persons holding the same of the terms on which the depositors 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. Savings department. Interest on deposits. Regulation of amount of deposits, etc. Cessation of interest on deposit. Evidences of deposits. Deposits in name of minor, female, or trustee. Payment of deposits on interest. May refuse to receive deposit, etc. SEC. IV. 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 such moneys as they may direct. Such bank shall also have the power, by contract, to occupy a part of the premises of any other bank and use for its business the vaults, safes, furniture, and fixtures of such other bank as may be agreed on. Safety deposit business. Deposit of bank funds, etc. May occupy part of premises of another bank. 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 13, 1894.

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MERCHANTS' BANK OF VALDOSTA, CHARTER AMENDED. No. 51. An Act to amend an Act to [Illegible Text] the Merchants' Bank of Valdosta, Georgia, approved December 26th, 1888, by striking out the word three, in the third line of section 5, and substituting therefor the word five, and by striking out the word five, in the third line of section 5, and substituting therefor the word thirteen, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That section 5 of an Act to incorporate the Merchants' Bank of Valdosta, Georgia, approved December 26th, 1888, be, and the same is, hereby amended by striking out the word three, in the third line of said section, and substituting therefor the word five, and by striking out the word five, in the third line of said section, and substituting therefor the word thirteen, so that said section 5, when so amended, shall read as follows: Section 5. 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 thirteen directors, to be chosen as hereinafter provided, who shall elect from this 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 [Illegible Text] meeting of said board, and the salaaries of its officers; each of said directors shall be a citizen of this State and be owner in his own name of not less than five shares of said stock. Said board shall have power to elect a vice-president and cashier and such other officers as the interest and business of said bank may require. Number of directors to be not less than five nor more than thirteen. SEC. II. Be it further enacted, That all laws and parts of laws in conflict herewith be, and the same are, hereby repealed. Approved December 15, 1894.

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MACON SAVINGS BANK, CHARTER AMENDED. No. 116. An Act to amend the charter of the Macon Savings Bank by authorizing its officers to become the purchasers of the stock thereof, and by providing that the ordinary or other county officer may accept the bond of said bank without security in any case where such bond may be lawfully given. 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 Act approved March 7th, 1884, incorporating the Macon Savings Bank, be amended by adding the following words to said section, to come in at the end thereof: Any officer of said bank may become the purchaser of any of the stock of said bank which may be offered for sale, either at public or private sale, and shall be entitled to all the privileges of the stockholder in respect to the stock so purchased by him. Bank officers may purchase stock. And be entitled to all privileges of stockholder. SEC. II. Be it further enacted by the authority aforesaid, That the Act approved November 4th, 1889, amending the charter of the said Macon Savings Bank be, and the same is, hereby amended by adding to said Act the following, to come in after the 2d section thereof: But the ordinary of said county may, in any case where said Macon Savings Bank is appointed guardian or administrator, and the Judge of the Superior Court of the county of Bibb or the clerk of said court may, in any case where said bank is appointed receiver or trustee, or any other county officer may, in any case where the said Macon Savings Bank may lawfully give bond, accept the bond of said bank without other security thereon, if, in the discretion of said ordinary, judge, clerk, or other county officer, he may see fit to do so. Bond of bank as guardian, trustee, etc, may be accepted without security. In discretion of officer who has duty to approve bond. SEC. III. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 18, 1894.

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Part III.Local Laws. TITLE I.MUNICIPAL CORPORATIONS. TITLE II.COUNTY OFFICERS. TITLE III.COUNTY AND CITY COURTS. TITLE IV.REGISTRATION. TITLE V.EDUCATION. TITLE VI.MISCELLANEOUS.

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TITLE I . MUNICIPAL CORPORATIONS. ACTS. Atlanta, Charter Amended. Atlanta Authorized to Encroach on State Property in Extending Alabama Street. Bronwood, Corporate Limits Changed. Clarksville, Corporate Limits Changed. Crawfordville, New Charter for. [Illegible Text] City Incorporated. Davisboro Incorporated. Eastman, Business Tax in. Elberton, Bonds for Electric Light System. Elberton, Bonds for Water-Works. Macon, Charter of Amended. Milledgeville, Charter of Amended, as to Street Work, etc. Milledgeville, Tax Returns in. Newborn Incorporated. Oakland City Incorporated. Savannah, Election Term, etc., Subordinate City Officers. Social Circle, Charter Amended. Temple, Tax-Assessors for. Vienna, Charter Amended. Washington, New Charter for. Waycross, Condemnation of Land for Streets, etc. Whitesburg, New Charter for. ATLANTA, CHARTER AMENDED. No. 62. An Act to amend the charter of the city of Atlanta. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met: SECTION I. That the mayor and general council of the city of Atlanta shall have power and authority to establish two or more market places in said city for the sale of country produce, fresh

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meats, and other similar articles, and provide by ordinances for the government of said market places, and to prescribe the hours in which such marketable articles shall be sold only at said market places, or at them and at other points within certain distances from such market places as may be deemed best by said mayor and general council. Power to establish market places. Government thereof, etc. SEC. II. Be it further enacted by the authority aforesaid, That section 74 of the Act incorporating the city of Atlanta, approved February 28th, 1874, be, and the same is, hereby amended by adding after the word subject, at the end of said section, a new paragraph in the following words: Said board of police commissioners shall have power to subp[oelig]na witnesses and compel their attendance, and compel the production of books and papers by subp[oelig]na duces [Illegible Text] , and to administer oaths to witnesses, when sitting for the purpose of trying charges against any of the officers or members of the police force, or of investigating the conduct of the force, or any of its members or officers, with reference to the discharge, or failure to discharge, or irregularities in the discharge of the duties of such force, or any of the officers or members. Said board, when so sitting, shall have power to punish witnesses who refuse to testify, or parties who fail to produce books and papers when called for by subp[oelig]na duces tecum; and any witness testifying falsely in any matter material to the investigation then in progress before said board of police commissioners shall be guilty of perjury and subject to the pains and penalties of that crime prescribed by the laws of this State. Board police commissioners given power to compel attendance of witnesses, etc. When sitting to investigate conduct of members of police force. And to punish witnesses who refuse to testify, etc. False swearing before. SEC. III. Be it further enacted by the authority aforesaid, That the tract of land belonging to the city of Atlanta, known as the old water-works property, to wit, 368 [unk]acres in land lots 72, 57, 90, 71, and 58, in the 14th district of Fulton county, be, and the same is, hereby incorporated for police purposes, and the mayor and general council of the city of Atlanta are hereby authorized to provide by ordinance for the maintenance of good order, the preservation of all property on said tract of land belonging to the city of Atlanta, or to any one who may have leased or shall hereafter lease said lands, or any part of them, from said city of Atlanta, just as if said lands were within the territorial limits of said city of Atlanta. Old water works property incorporated for police purposes. SEC. IV. Be it further enacted by the authority aforesaid, That the city of Atlanta shall have power and authority, upon the advice and recommendation of the board of health, and through the agency of said board or such other agency as it may select, to establish and operate crematories, as many as may be necessary, for the proper disposal of the night-soil, garbage, and other refuse of said city, and at such different places as may be selected by said city, with

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proper consideration for the just and equal distribution of said refuse matter; provided nevertheless , that nothing in this Act contained shall be held or construed to affect any pending litigation; and provided further , that this Act shall not be taken or construed to relieve said city from any liability for damages which may accrue to person or property from said crematories. Establishment and operation of crematories. This Act not to affect pending litigation. Nor to relieve city as to [Illegible Text] done by crematories. SEC. V. Be it further enacted by the authority aforesaid, That the mayor and general council of said city of Atlanta may, in their discretion, substitute for the three building inspectors provided for by sections 93, 94, and 95 of said Act of incorporation, including amendments heretofore made, a single building inspector, in which case building inspector shall be either a professional architect and builder, or a civil engineer acquainted with the science of building. And in the event of the [Illegible Text] of one inspector in the place of three, as hereinbefore provided for, the building inspector so to be elected shall have all the powers and discharge all the duties devolving upon the present building inspectors under the charter of said city and the laws of the State, and shall, in addition thereto, perform such other duties and exercise such other powers and privileges as may be provided for by ordinances of said city; and it shall be within the discretion of said mayor and general council to substitute the one inspector for the three inspectors now in office, on or after the first day of January, 1895. One building inspector may be substituted for three. Qualification necessary. powers and duties of such inspector. When such substitution may be made. SEC. VI. Be it further enacted by the authority aforesaid, That the mayor and general council of the city of Atlanta now in office shall have power and authority to fix the salaries for the officers required to be elected by the people at the municipal election on the first Wednesday in December, 1894, for the term for which such officers shall be elected, or shall have been elected, as the case may be. The salaries, when so fixed by said mayor and general council, whether before or after the passage of this Act, to be valid and binding, both upon the city and upon the officers so elected or to be elected, and shall not be increased or diminished during the term of office of any of said officers. And if there has been any omission by the mayor and general council to fix the salary of any officer elected by the general council, at the time prescribed by the charter for so doing, said mayor and general council are also authorized to fix the salary of such officer at a later time than that heretofore prescribed, and such action shall be regular and valid in all respects. Salaries may be [Illegible Text] [Illegible Text] officers to be elected in December, 1891. Not to be [Illegible Text] or diminished during official terms. Omission to fix salary at time required by charter. SEC. VII. The mayor and general council of the city of Atlanta are hereby authorized, in their discretion, to have an accurate census of the population of the city taken at any time during or within the years 1895 or 1896, and to provide for the payment of the expenses of the same. City census.

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SEC. VIII. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with the foregoing be, and the same are, hereby repealed. Approved December 15, 1894. ATLANTA AUTHORIZED TO ENCROACH ON STATE PROPERTY IN EXTENDING ALABAMA STREET. No. 121. An Act to authorize the city of Atlanta, in extending West Alabama street from its present terminus westward, to make an encroachment on the Western and Atlantic Railroad property belonging to the State of Georgia, [Illegible Text] on the south side of the proposed extension, sufficient to make a roadway from said street extension into the property of the Central Railroad Company of Georgia, lying on the south side of said proposed extension; such encroachment to be made at the point where such street extension touches said Western and Atlantic Railroad property at grade as shown by the plat attached to the memorial on this subject presented on behalf of the city of Atlanta by Jno. B. Goodwin, Mayor, dated November 9, 1894, and which accompanies this bill; provided , that, before making the encroachment, said city shall obtain the consent of the Western and Atlantic Railroad Company, the lessees of said property thereto, and also the consent of the Central Railroad and Banking Company of Georgia. SECTION I. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, That the city of Atlanta is hereby authorized, in extending West Alabama street from its present terminus westward across the property of the Central Railroad and the property of the State of Georgia leased by the Western and Atlantic Railroad Company at the point where the proposed street extension touches the Western and Atlantic Railroad property belonging to the State, at grade as shown by the plat attached to the memorial presented to the Legislature by the Honorable John B. Goodwin, Mayor, on behalf of the city of Atlanta, dated November 9, 1894, and herewith submitted, to make an encroachment on said Western and Atlantic Railroad property lying on the south side of said proposed extension, for the purpose of constructing a roadway from said street extension into the property of the Central Railroad Company of Georgia, also lying on the south side of said proposed street extension, and the location and size of which encroachment shall be such as indicated by the

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plat aforesaid; provided , that, before making such encroachment, said city of Atlanta shall obtain the consent of the Western and Atlantic Railroad Company, the present lessees of the Western and Atlantic Railroad and the property to be encroached upon, as aforesaid, and also the consent of the Central Railroad and Banking Company of Georgia. Encroachment on State property in extending Alabama street, authorized. Where encroachment may be made. Extent of encroachment. Consent of lessees of W. A. R. R. to be first obtained. And of the C. R. R. B'k'g Co. SEC. II. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with the foregoing Act be, and the same are, hereby repealed. Approved December 18, 1894. BRONWOOD, CORPORATE LIMITS CHANGED. No. 98. An Act to amend the Act approved September 24, 1883, incorporating the town of Bronwood, in the county of Terrell, by striking out, in the second section of said Act, the word one and inserting instead the word one-half; and by striking out, in said second section, the words depot of the Southwestern Railroad and inserting in lieu thereof the words courthouse, thus making the corporate limits of said town extend one-half mile in every direction from the courthouse in said town. SECTION I. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act, the above recited Act, approved September 24, 1883, incorporating the town of Bronwood, in Terrell county, be amended by striking out, in the second section thereof, the word one and inserting instead the word one-half; and by striking out, in said second section, the words depot of the Southwestern Railroad and insert in lieu thereof the word courthouse, thus making the corporate limits of said town extend one-half mile in every direction from the courthouse in said town. Act of Sept 24, 1883, amended. So that corporate limits shall extend half mile in every direction from 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 December 17, 1894.

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CLARKSVILLE, CORPORATE LIMITS CHANGED. No. 124. An Act to amend section 1 of an Act to incorporate the town of Clarksville, 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. 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 first of the above recited Act be, and the same is, hereby amended by striking from the tenth line of said section the word one, and inserting in lieu thereof the word one-half, so that said section, when amended, shall read as follows: Section 1. The General Assembly of the State of Georgia do enact, That Clarksville, in the county of Habersham, be, and the same is, hereby incorporated under the name and style of the town of Clarksville, 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 Clarksville; and the corporate limits of the town shall extend one-half mile on either side of a line running in the center of the road or street as it now runs, beginning at the end of the bridge nearest the town across Soque river, thence along the center of the old street to and through the center 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 courthouse. Corporate limits to extend one-half mile from certain street. Corporate limits defined. SEC. II. Be it further enacted, That all laws and parts of laws in conflict be, and the same are, hereby repealed. Approved December 17, 1891.

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CRAWFORDVILLE, NEW CHARTER FOR. No. 123. An Act to alter and amend, revise and consolidate the several Acts of the General Assembly of Georgia granting corporate authority to the town of Crawfordville; to provide for a mayor and councilmen and other officers of said town; to authorize the officers and corporate authorities of said town to exercise such powers and do such things as may be necessary or proper for the best interests, benefit, peace, good order, health, and general welfare of said town and the inhabitants thereof, and to confer other and additional powers and authority upon said officers and corporate authorities; to authorize the corporate authorities of said town to pass rules, by-laws, and ordinances for the government of said town; to authorize punishments for a violation of said rules, by-laws, and ordinances, 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 municipal government of the town of Crawfordville, in the county of Taliaferro and State of Georgia, shall consist of a mayor and four councilmen, who are constituted a body corporate under the name and style of the Mayor and Council of the Town of Crawfordville, and by that name and style shall have perpetual succession; shall have common seal, and be capable in law and equity to purchase, have, and hold, receive and enjoy, possess and retain to themselves and their successors, for the use of the town of Crawfordville, any estate or estates, or property or properties, real or personal, or both, of whatever kind or nature, within the jurisdictional limits of said town of Crawfordville, and shall by such name be capable to sue and be sued in any court of law or equity in this State. Municipal government. Corporate name and general powers. SEC. II. Be it further enacted, That no person shall be eligible as mayor or councilman of said town unless he is twenty-one years of age at the time of his election or appointment, and unless he shall have resided within the corporate limits of said town for the space of twelve months immediately preceding his election or appointment, and that the term of office of said mayor and each of said councilmen shall be for one year from the time of his election and until his successor is elected and qualified. Qualifications for mayor or councilman. Terms of office. SEC. III. Be it further enacted, That on the second Wednesday in October next, and on every second Wednesday in October annually thereafter, there shall be held in the courthouse in Crawfordville, Georgia, an election for mayor and councilmen of said town,

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at which election all male citizens of said town twenty-one years of age, who shall have resided within the corporate limits of said town six months immediately preceding the day of the election, who may be entitled to vote for member of the General Assembly in this State, who shall have worked upon the streets, sidewalks, and alleys of said town the number of days they have been required to work in the year in which said election is held, or paid a commutation tax in lieu thereof, according to the provisions of this Act and the by-laws and ordinances of said corporation, and who shall have paid all taxes and fines due said town or corporation, shall be entitled to vote at such election for mayor and councilmen of said town; and no person shall be entitled to vote at such elections except the persons herein above referred to in this section. The polls at said election shall be open from nine (9) A. M. to three (3) P. M. on election days. All elections for mayor and councilmen of said corporation shall be managed and conducted by persons qualified to manage and hold an election in this State for members of the General Assembly of Georgia, and all of said elections shall be managed and conducted in the same manner as elections for said members of the General Assembly are conducted. The managers of elections for mayor and councilmen of said town shall, as soon as possible after said election, 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 said council and shall be held to be the highest evidence of the election of said officers. Annual election for mayor and councilmen. Qualifications of voters. Polls. Conduct of elections. Certificates of election. SEC. IV. Be it further enacted, That in the event of a vacancy in the office of mayor or councilman of said town by death, removal from the limits of said town, or otherwise, the remaining councilmen shall fill said vacancy by appointing some eligible person to fill out the unexpired term of said mayor or councilman whose office was made vacant; that the mayor and each of the councilmen of said town shall, before entering upon the duties of their respective offices, take and subscribe, before any person authorized by the laws of Georgia to administer an oath, the following oath, to wit: I do solemnly swear that I will, to the best of my ability, discharge the duties of mayor [or councilman, as the case may be] of the town of Crawfordville, faithfully and impartially, during my continuance in office, so help me God; that said oath shall be recorded on the minutes of said council. And the salaries of said mayor and councilmen shall be fixed and determined by said mayor and councilmen by their ordinances and by-laws; provided , that the salary of no one of them shall exceed twenty-five dollars per annum. Vacancies. Oath of office. Salaries of mayor and councilmen. SEC. V. Be it further enacted, That said mayor and councilmen shall meet each year, as soon after their election as practicable and in less than ten (10) days after said election, and elect a marshal

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for said town, and from their own body a clerk and treasurer for said town; that said mayor and councilmen shall have the right to prescribe the duties of said clerk, treasurer, and marshal, and shall fix and determine the amount of the bond to be given by said treasurer and marshal. The bond of said treasurer and marshal shall not be less than one thousand dollars each, shall be payable to the mayor and council of the town of Crawfordville and their successors in office, and approved by a majority of said corporate authorities, which bonds shall be conditioned for the faithful performance of the duties of treasurer and marshal respectively, and shall be recorded on the minutes of the council. That the salary of said marshal shall not exceed three hundred dollars per year, and the aggregate sum of his salary, compensatson, perquisites, and fees for any services or acts whatever while marshal shall not exceed three hundred dollars per year. Said marshal and treasurer shall not enter upon the duties of their respective offices until said bonds are executed and approved. No compensation shall be paid said mayor or any member of said council for his services as clerk or treasurer, and the aggregate sum paid said mayor or any of said councilmen for any one year shall not exceed twenty-five dollars for any services or acts rendered as mayor or councilmen, or clerk or treasurer of said corporation. Marshal, clerk and treasurer. Duties and bonds of. Compensation of marshal. When bonds to be executed, etc. Compensation Clerk and Treasurer. Compensation Mayor and Councilmen. SEC. VI. Be it further enacted, That the corporate limits of said town shall extend one-half of a mile in every direction from the present county courthouse in Crawfordville, Georgia. Corporate limits. SEC. VII. Be it further enacted, That the present chairman of the commissioners of said town shall be mayor of said town, and the present commissioners of said town shall be councilmen of said town, until the expiration of the term of office for which said chairman and commissioners were elected; and they shall have all the rights and privileges conferred, and shall be subject to all the duties imposed upon the mayor and councilmen of said town under this Act. The clerk of said corporation shall keep open to inspection of the citizens of said town a full record of the proceedings of said corporate authorities, and the treasurer of said corporation shall keep an itemized statement or account of all moneys received from every source and paid or expended for any purpose, and showing amounts on hand, which statement or account shall likewise be open to the inspection of any citizen of said town. Provisional municipal government. Minutes of council subject to public inspection. Treasurer to keep itemized accounts. SEC. VIII. Be it further enacted, That any mayor of said town or any member of said council, who, while in office, shall be guilty of malpractice, any willful neglect or abuse of the powers confided to him, or shall be guilty of any other conduct unbecoming his station, and any person voting at any election for mayor or councilmen of said town who is not legally entitled to vote, shall be subject

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to be indicted by the grand jury of Taliaferro county, and tried in the superior court of said county, and, upon conviction, shall be punished as prescribed in section 4310 of the revised Code of Georgia. Malpractice in office, or illegal voting. SEC. IX. Be it further enacted, That said mayor and council shall meet at least once a month and at such other time as the public interests require or as they may think proper, and that the mayor and council of said town shall have the right and power to levy and collect a tax not exceeding one-half of one per cent. upon all property, both real and personal, within the corporate limits of said town, and to provide for an assessment of the value of said property subject to taxation. Council meetings. Ad valorem tax. SEC. X. Be it further enacted, That the mayor and council of said town are authorized to purchase real estate in the town of Crawfordville and to erect thereon a building in which said corporate authorities and the officers of said town may transact the public business of said town, and a building for a town prison or guard-house and such other buildings as may be necessary or convenient for the purposes of carrying on the government of said town; that said mayor and council are authorized to levy and collect a tax upon all the property, real and personal, within the limits of said town, with which to pay for said land and said buildings; and said mayor and council shall be authorized to pay for said land and buildings out of any of said taxes so levied and collected, or out of any funds whatever of said corporation or town, in the event no such taxes are levied and collected. Purchase of realty and [Illegible Text] of public buildings. Tax therefor. Payment therefor. SEC. XI. Be it further enacted, That all male persons over the age of sixteen years and under the age of fifty years, who have resided in the corporate limits of said town ten days, shall be subject to work on the streets, alleys, and sidewalks within said limits each and every year, not exceeding fifteen days each year, or to pay a commutation tax each year in lieu of working said streets, alleys, and sidewalks, which commutation tax shall not exceed seven and 50-100 dollars each year; and said mayor and council shall have the right and power to compel said persons to work said streets, alleys, and sidewalks not exceeding fifteen days each year, or to pay a commutation tax therefor not exceeding seven and 50-100 dollars each year; and in the event any such person fails or refuses to perform said work or to pay said commutation tax fixed by the by-laws and ordinances of said corporate authorities, after being notified by the marshal of said town orally one day before-hand to do said work or pay said tax, such person, for such refusal or failure, shall be subject to be arrested by said marshal and punished by said corporate authorities by being compelled to work upon said streets, alleys, and sidewalks not exceeding thirty days, and to pay a fine of fifteen dollars or less, and to be imprisoned in

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the town guard-house, or prison, or common jail of Taliaferro county not exceeding thirty days, or by being compelled to do either one or more or all of these things. Street working. Commutation tax. Failure to work streets or pay tax. SEC. XII. Be it further enacted, That the marshal of said town and their aids or deputies, and persons summoned or requested by said marshals and deputies to assist them, shall have the power and right to arrest any and all persons within the corporate limits of said town who are at the time of said arrest, or who, before that time, have been guilty within said limits of disorderly conduct, or public indecency, or quarreling, or fighting, or a violation of any of the ordinances or by-laws of said town or corporate authorities, or a violation of any of the provisions of this Act, which by-laws or ordinances or provisions authorize or provide for the arrest or punishment of any person guilty of a violation of said by-laws, ordinances, or provisions. Said marshals or deputies, or persons summoned or requested by said marshals or deputies to assist them, are authorized to imprison and confine any person subject to arrest by them in the town prison or guard-house, or the common jail of Taliaferro county, for a reasonable time; and said marshals, deputies, and persons shall have the right, power, and privilege (though they shall not be compelled) to release any person arrested within the corporate limits of said town, upon said person giving a bond, to be approved by the regular marshal of said town, or the mayor, or two councilmen of said town, conditioned to pay the obligees in said bond an amount fixed by said regular marshal, or mayor, or two of said councilmen, in the event said person arrested does not appear before the corporate authorities of said town at the time and place specified in said bond, and from time to time till said person arrested is tried by said authorities for the offences for which said person was arrested. Power to make arrests. And to confine offenders. Release on appearance bond. SEC. XIII. Be it further enacted, That the treasurer of said town shall issue an execution for any and all taxes, or fines, or license fees, or assessments, or [Illegible Text], or demands due said corporation or its authorities against any person owing the same, or any property subject thereto, directed to the marshal of said town and all and singular the constables of said State, and the sheriffs of said State and their lawful deputies, commanding them that, of any property belonging to the persons against whom said execution issues, or of certain property described in the execution, to make the amount claimed to be due upon said execution and costs. Said executions shall have the same force and binding effects as executions issued from the superior courts and justice courts of this State, and shall be levied by any constable, or sheriff, or deputy-sheriff of this State, or the marshal of said town, upon any property in said State subject to said execution. The same rights and privileges shall belong to the

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person against whom said execution issues to file an illegality to said execution, and to any person not a party to said execution to file a claim to the property levied on and give bonds, as if said execution issued from a justice or superior court of this State; and if the amount claimed on said execution is less than one hundred dollars, all the papers connected with the said claim or illegality case shall be returned to the justice court of the district in which Crawfordville is situated for trial, and said claim or illegality case shall be there tried as claim and illegality cases are usually tried in said justice court; unless the property levied on is real estate and a claim is filed as above provided, in which event all the property connected with the said case shall be returned to the superior court of the county in which said real estate lies, in which court said claim case shall be tried and determined as claim cases are usually tried and determined in said court. The officer making sales under said executions shall execute titles to property sold, and put the purchaser of property in possession of the same. Executions for taxes, etc. How directed, etc. Lien of. Levy of. Claims or illegalities. Execution of titles to purchasers. SEC. XIV. Be it further enacted, That the corporate authorities of said town shall have the right to have executed and carried out any of their judgments or sentences fining any person or ordering any person to be imprisoned or to work on the streets, alleys, or sidewalks of said town, at any time after said sentence or judgment has been rendered; provided , that whenever any person against whom said sentence or judgment exists gives notice to said corporate authority that he intends to apply for a writ of certiorari to said judgment or sentence, said authorities shall have the right and privilege to suspend the execution of said judgment or sentence till such proper time as they may fix, upon said person executing a bond to be approved by said authorities or the marshal of said town; the terms, conditions, and amount of said bond shall be fixed by said corporate authorities. Said corporate authorities shall not be compelled to suspend said judgment or sentence, but may, in their discretion, do so, as above provided. Collection of fines, etc. SEC. XV. Be it further enacted, That in case of the absence or sickness or disability of the mayor of said town, the members of the council shall select any member of their body to act as mayor of said town, who shall be charged with all the duties and have all the rights and powers of mayor till the cause for such appointment ceases to exist. The meetings of the said mayor and council shall be presided over by the mayor, and in his absence by any member of council selected by said council. The mayor and two councilmen of said town, or three councilmen of said town, shall be necessary to constitute a quorum for the transaction of business, and no by-laws or ordinances shall be made or passed except by a quorum of said corporate authorities. Mayor pro tem. Chairman of council meetings. Quorum.

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SEC. XVI. Be it further enacted, That any person or persons guilty of a violation of the provisions of this Act, or of any by-laws or ordinances of the corporate authorities of said town, which provisions, by-laws, or ordinances render any person or persons subject to a fine or imprisonment, or to work on the streets, sidewalks, or alleys within said limits, by said corporate authorities, for a violation of the same, shall be tried by said corporate authorities or a quorum of them, and by said corporate authorities or quorum punished by being fined in a sum not exceeding one hundred dollars, or by being compelled to work on the streets, sidewalks, and alleys within said limits not exceeding one hundred and eighty days, or by being punished in either one or more or all of the ways named. Trial and punishment of offenders. SEC. XVII. Be it further enacted, That the corporate authorities of said town of Crawfordville shall have power and authority, in the corporate limits of said town, to lay off, vacate, widen, close, open, change, alter, curb, pave, drain, and keep in good order and repair the streets, alleys, sidewalks, cross-ways, drains, and gullies within said limits, for the use of any of the citizens therein or of the public, and to improve and light the same and have them kept free from obstructions on or over them; to establish or regulate a market, to prescribe time of holding same; to prevent injury or annoyance to the public 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 limits; to protect places for divine worship and all assemblies for lawful purposes in and about the premises where held; to abate or cause to be abated anything which is a nuisance within said limits; to regulate the keeping of gunpowder and other combustibles; to provide within said limits places for the burial of the dead and regulate the interments therein; to provide for the damage of lots by proper drains and ditches; to make regulations for guarding against danger or dangers by fire; to provide for the collection and forfeiture of bonds; to protect the health, property, and persons of the citizens of said town; to preserve peace and good order within said limits; to appoint special or deputy marshals at any time to assist the regular marshal in the discharge of his duties, and to pay said special and deputy marshals for the time they serve, which special or deputy marshals are to be appointed only for special days, occasions, or emergencies, and are to be discharged and no longer paid after said special days or occasions or emergencies for which they were appointed cease; to provide a revenue for the government of the town, and to properly pay out the same; to provide for the assessment of the taxable property within said limits subject to taxation; to adopt rules for the regulation and government of its own body;

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to carry into effect all powers and authority they possess; to make and pass by-laws and ordinances not contrary to the Constitution and laws of this State. Opening, changing, etc., streets alleys, etc. Market etc. Animals, etc., running at large. Protection divine worship, etc. Nuisances, etc. Cemeteries. Fire protection. Forfeiture of bonds, etc. Police force. Town revenues. By-laws, ordinances, etc. SEC. XVIII. Be it further enacted, That the corporate authorities of said town of Crawfordville shall have power and authority to regulate and control all taverns and public houses; to regulate all butchers' pens, tan-yards, blacksmith shops, forges, stoves, chimneys, and all machinery run by steam, and to remove or cause to be removed the same or any of them, and to provide by-laws and ordinances regulating the management and control of them or any of them, in case they should become dangerous to property or injurious to the health of any of the citizens of said town or become a nuisance; to fill up all pits, cellars, and excavations within said limits, or to cause the owners of the same to do so when said authorities deem the same proper or necessary to be done; to regulate and control all pumps, wells, and springs within said limits; to pass, make, and execute all by-laws and ordinances, at any time and from time to time, necessary or proper for the good government, peace, good order, health, prosperity, welfare, morality, security, and convenience of the citizens of said town; to provide for the arrest and trial of all offenders against any ordinances or by-laws of said corporation, and to punish them by fine not exceeding one hundred dollars, or imprisonment in the town prison or guard-house of said town not exceeding one hundred and eighty days, or by work on the streets, sidewalks, and alleys within said limits not exceeding one hundred and eighty days; and to inflict any one or more or all of said punishments in the discretion of said authorities; to abate any nuisance within said limits in a summary manner, and where the nuisance is caused by any act or negligence of any person, the expense of said abatement may be charged against and collected out of such persons; to institute all sanitary measures necessary or proper for the preservation of the public health and for the prevention of the generation or introduction of infectious and contageous diseases, and to exercise absolute power over the subject of quarantine, personal or otherwise; to punish for contempt any person by fine not exceeding twenty-five dollars, or imprisonment in the town prison or guard-house or common jail of Taliaferro county not exceeding fifty days, or by work on the streets, alleys, and sidewalks of said town not exceeding fifty days, or by inflicting any one or more or all of said punishments in the discretion of said authorities; to remove or remedy, or cause to be remedied or removed, any stove or stove-pipe, or other thing, which shall endanger said town or any property in said limits, as their prudence may dictate; to cause the occupants of any house of ill-fame, or bawdy house, within said limits to be forcibly removed without said limits, if they shall fail to

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remove without said limits after five days' notice to do so; to elect and employ a night-watchman for said town, and pay him not exceeding thirty dollars per month for the time he serves, which night-watchman shall have all the rights and powers and be subject to the same duties while on duty as the marshal of said town, and he shall perform such other duties and have such other powers and authority as may be prescribed by said corporate authorities. Taverns, etc. Butcher pens, smith shops, etc. Pits cellars, etc. Pumps, wells, and springs. By-laws, ordinances, etc. Arrest, trial, and punishment of offenders. Summary abatement of nuisances. Sanitary measures. Contempts. Stoves, stove-pipes, etc. Houses of all fame. Night-watchman. SEC. XIX. Be it further enacted, That the corporate authorities of said town of Crawfordville shall have power and authority to levy, assess, and collect a tax or license fee upon all livery stables, sale and feed stables, hacks, drays, all vehicles and animals used for hire, markets, sellers of fresh meat or fish or oysters, auctioneers, itinerant traders, theatrical performances, shows of all kinds, circuses, exhibitions of all kinds, itinerant lightning-rod dealers, clock and stove peddlers, peddlers of all kinds; itinerant dealers in jewelry or medicine; all traveling or itinerant vendors of articles, wares, or merchandise except such as are excepted by the laws of Georgia; every keeper of a billiard or pool or bagetelle table kept for gain or public use; every keeper of a shooting or a ten-pin alley or any other table, stand, or place for the performance of any game or play, whether played or operated with sticks, balls, cards, dice, rings or other contrivances; any person running a flying-jenny or flying-horses; all solicitors or canvassers selling goods, wares, or merchandise by sample, at retail, or to consumers; all agents selling guano or other thing or things or articles of value; every person buying or selling or levying and selling cotton or cotton-seed, or other thing or articles of value; every owner or keeper of wagon scales and all other establishments, business, callings, professions, vocations, and agencies subject under the laws of this State. Said corporate authorities shall have power and authority to compel the payment of said tax or license fees; to make all proper and necessary by-laws and ordinances to carry out the powers and authority conferred on them, and prescribe and enforce suitable penalties for a violation thereof. License taxes. SEC. XX. Be it further enacted, That the corporate authorities of said town of Crawfordville shall have power and authority to compel the attendance of witnesses before them upon being orally summoned by the marshal of said town to appear before them in any matter at a stated time and place, and to punish any person who fails or refuses to appear before them when so notified; to require any person summoned or notified by the marshal to appear before them at a stated time as a witness in any matter, to give bond for his appearance at said time, and in the event of his failure to give said bond, the marshal shall have the right to imprison and confine said person in the town prison or guard-house till said time;

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to punish any person who fails or refuses to assist the marshals of said town when called on by said marshals to aid them in the arrest or imprisonment of any person liable to arrest or imprisonment by said marshals; to regulate the posting of bills and advertisements within said limits; to regulate the speed of driving or riding within said limits; to pay each of the managers of elections for mayor and councilmen of said town a sum not exceeding one dollar. Attendance of witnesses. Appearance bond of witness. Failure to assist marshal. Posting of bills, etc. Payment of election managers. SEC. XXI. Be it further enacted, That the corporate authorities of the town of Crawfordville shall have full and complete control of the streets, sidewalks, alleys, and squares within said corporate limits of said town, and shall have full power and authority to condemn any property within the corporate limits of said town for the purpose of opening and laying out new streets and alleys and sidewalks and squares, and for widening, straightening, or otherwise changing the streets, alleys, sidwalks, or squares of said town; and whenever the said corporate authorities shall desire to exercise the power and authority granted in this section, it may be done, whether the property sought to be condemned is in the hands of an owner or a trustee, executor, administrator, agent, or guardian in the following manner: the said corporate authorities shall appoint two freeholders and give, or cause to be given, to the owner of the property sought to be condemned, or to the trustee, executor, guardian, or administrator in whose hands the property may be, not less than five days' notice of the time and place where said freeholders will meet to assess and determine the amount of the damages, and the said owner, trustee, executor, administrator, or guardian shall appoint two freeholders, and said freeholders shall select a fifth man, and the five men so selected shall, at the designated time, or at such other time as they may desire and appoint, value, assess, and determine the damage and make their finding and award accordingly. In case the owner of the land, trustee, executor, administrator, or guardian notified fails to appear, or either of those appointed by either party fails to act, another time not more than ten days distant shall be appointed; and if any one of the arbitrators appointed, fails to act at such time, and no others are appointed to fill their places, those or the one acting shall select other freeholders until the board of five is completed, and those five shall make the finding and award. The finding and award of those acting shall be deemed the finding and award of the assessors just as effectually as though it had been agreed to by all; said assessors shall make out their finding and award, stating plainly what property is to be taken and the estimated damages due therefor, and file the same with the clerk of the Superior Court of Taliaferro county, Georgia, within ten days from the time of their finding and award. In all cases where the property sought to be condemned belongs to a railroad

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company, service of notice on them shall be had by serving its nearest agent of the railroad company. Either of the parties has the right, within ten days after the filing of the finding and award with said clerk of said court, to enter an appeal to the next term of the Superior Court of said Taliaferro county, occurring ten days after said appeal is entered, which appeal may be entered with the Clerk of the Superior Court of said Taliaferro county by complying with the law regulating appeals from justice to the superior courts. Said corporate authorities shall have the right at any time to abandon the proceedings, to condemn and end all proceedings in the matter at any time before an appeal is entered by paying all costs of the proceedings up to the time of abandoning the proceedings. Each of said assessors shall have two dollars per day for each day they are engaged in estimating the damages and making their award and finding, which costs shall be paid by said corporate authorities of said town of Crawfordville. Either party may enter an appeal to said superior court from the finding and award of said assessors, in the same manner in all respects by paying the costs and giving bond, or by filing a pauper affidavit just as if said finding and award was the judgment of a justice court of the justice of the peace for an amount over fifty dollars. When an appeal is entered, said appeal case shall be treated and dealt with in all respect as are appeal cases from a justice court. Power over streets, alleys, etc. Condemnation of private property. Appointment of assessors. Award. Failure to appear or act, etc. What the award shall state. Filing of. Where property sought to be condemned belongs to railroad company. Corporate authorities may abandon the proceedings before appeal. Pay of assessors. Appellant to pay costs and give bond or make pauper affidavit. Appeal to be treated as are appeals from justice courts. SEC. XXII. Be it further enacted, That the corporate authorities of said town of Crawfordville shall have power and authority to fix, determine, and regulate fire limits within the corporate limits of said town, and pass and make by-laws and ordinances regulating and determining the manner in which and the material out of which buildings may be erected within said fire limits, or at or on the places stated in said by-laws and ordinances. Said corporate authorities shall have power and authority to levy and collect a tax or license fee or tax on and grant license for the sale, within the corporate limits of said town, of spirituous or malt or vinous or intoxicating liquors, beer, or bitters, or ale, whisky, or ardent spirits, and all dealers in any of the same; provided , that said tax or license fee or tax shall not exceed one thousand dollars for each year, and pass, make, and enforce all by-laws and ordinances regulating said sale of any of them. Fire limits. Liquor tax, etc. SEC. XXIII. Be it further enacted, That all rules, regulations, by-laws, and ordinances now existing for the government of said town, or passed or made by the present commissioners of said town or their predecessors, and which now exist, shall remain of force and effect, except such as are in conflict with the provisions of this Act, until the said rules, regulations, by-laws, or ordinances are repealed, modified, or amended. Existing ordinances, etc., to remain of force, if not in conflict with this Act. Until they are repealed, etc.

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SEC. XXIV. Be it further enacted, That the corporate authorities of said town of Crawfordville shall have power and authority to sell, lease, rent, or exchange property, both real and personal, for the benefit or best interest of said corporation or town, or its government, and unless it is otherwise determined by the by-laws and ordinances of said corporate authorities, a quorum of said corporate authorities shall have power and authority to do any, or all, or either of the things which all of said corporate authorities have power and authority to do. Sale, lease, or exchange of property. Quorum may act in all matters when not prohibited. SEC. XXV. Be it further enacted, That no warrant or other writings of any kind shall be necessary in or for the arrest and imprisonment, or either, of any person by the marshals of said corporation, or in the trial or punishment of any person by the corporate authorities of said town; unless the by-laws and ordinances of said authorities require such warrants or other writings. No warrant necessary for arrest, trial or punishment of offenders. Unless required by by-laws or ordinances. 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 December 18, 1894. CUBANA CITY INCORPORATED. No. 146. An Act for the incorporation of Cubana City. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That all persons, citizens of the State of Georgia, who are property-owners on that portion of Thomas county, Georgia, hereinafter particularly mentioned, are hereby declared and created a body politic corporate, and such corporation shall be known as the town of Cubana City. It shall have a common seal; may sue and be sued in any court of law or equity in this State; may purchase, hold, possess, enjoy, and retain to them and their successors in perpetuity, or for any term of years, any estate, real, personal, or mixed; make by-laws and govern itself by any such ordinances, resolutions, and by-laws for municipal purposes, as it may deem proper, not in conflict with its charter, the statute laws of the State of Georgia, or of the United States; may acquire by gift, act, purchase, or otherwise such real and personal property as may be deemed necessary for corporate purposes, and to use, manage, improve, sell, convey, rent, or lease any or all of such property in such manner and upon such terms as may be deemed most advisable for the corporate interests. Corporators. Corporate name and general powers.

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SEC. II. Be it further enacted, The corporate limits of said town shall be as follows: The center of said town shall be the center of the intersection of Clay and San Rafael streets, now laid off and opened in said proposed town, and shall extend one-fourth of a mile in all directions therefrom. Corporate limits. SEC. III. Be it further enacted, That said town shall be governed by a mayor and six councilmen, who shall be citizens of the United States, and shall have been property-holders in said town for at least sixty days immediately before their election, and who shall be elected by qualified voters of said town on the first Monday in January, 1895, between the hours of 10 A. M. and 4 P. M., and every two years thereafter, on the first Monday in January, ten days' public notice thereof being previously given in one or more newspapers published in the city of Thomasville; that all male property-holders of the age of twenty-one years, who are citizens of this State, and shall have owned any portion of land in said town for sixty days immediately preceding the election, shall be entitled to vote for said mayor and councilmen. The mayor and councilmen shall hold their respective offices until their successors are duly elected and qualified. For the purpose of holding the first election under this Act, the judge of the Superior Court of Thomas county is hereby empowered to, and shall, upon the written request of ten property-holders of said town, appoint three property-holders in said town to act as commissioners of election, and that thereafter the mayor and councilmen for the time being shall appoint such managers to conduct each ensuing election; provided , that in the absence of the judge the Superior Court, the judge of the County Court of Thomas county, or the ordinary of Thomas county, in the order named, in the same manner, shall appoint said commissioners of election. Corporate government, etc. Municipal elections. Who may vote. Terms of office. Election managers. SEC. IV. Be it further enacted, That in case a vacancy shall occur in the office of mayor or of any of said councilmen by death, resignation, or any other cause, such vacancy, or vacancies, shall be filled by a majority vote of said council, within sixty days after such occurrence. Vacancies in office. SEC. V. 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 said town are faithfully executed; shall receive such compensation as the mayor and councilmen by ordinance may provide preceding his election, and which shall not be changed during the time for which he is elected. Before entering on the duties of his office, he shall duly subscribe to the following oath before some officer authorized by law to administer such oaths, and which shall be spread upon the minutes of the records of said mayor and councilmen: I (A B) do solemnly swear (or affirm) that I will, to

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the utmost of my ability, discharge the duties of mayor of the town of Cubana City during my continuance in office, so help me God. Each councilman shall also take a similar oath as councilman before entering on his duties. Mayor. Oath of office. SEC. VI. Be it further enacted, 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 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 to be presiding officer, without vote save in case of tie. Mayor pro tem. SEC. VII. Be it further enacted, That the mayor and council shall be entitled to fix times of their regular meetings or sessions, and the mayor, or acting mayor, shall have power to convene the council in special meetings or sessions whenever, in his judgment, the exigencies of the case require it; or upon the joint request of three councilmen, the mayor shall call special sessions of said council. Council meetings. SEC. VIII. Be it further enacted, That the mayor, or in his absence the presiding officer of council, or any other member of 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 one hundred ($100) dollars, or imprisonment not exceeding thirty (30) days in the town prison or in the county jail of Thomas county, or to be put to hard labor on the streets or public works of said town, both fine and imprisonment, or fine and hard labor on the streets and public works of said town. Mayor's court. Penalties. SEC. IX. Be it further enacted, That said mayor, or acting mayor, as the case may be, 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 town of Cubana City; which warrants shall be executed by the chief of police of said town, or officers under him, and commit to the jail of Thomas county or the County Court of Thomas county; and it shall be the duty of the jailer of Thomas county to receive all persons so committed and safely keep such offenders until discharged by due process of law. Mayor ex officio J. P. for certain purposes. Execution of warrants, etc. SEC. X. Be it further enacted, That said mayor and council shall elect a chief of police for said town, who shall hold his office for one year and until his successor is elected and qualified. The salary of such chief of police shall be fixed by the mayor and

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council prior to his election, and shall not be increased or diminished during the term of his office. Before entering upon the duties of his office, he shall enter into bond in such amount as the mayor and council shall require, with good and sufficient security, to be conditioned upon the faithful performance of his duties as such officer; to account for all moneys coming into his hands as tax-collector, ex officio , of such town, or as chief of police thereof; that the mayor and council, upon charges preferred by any member of its own body, any citizen, resident, or other person, by a vote of two-thirds, shall have the power to remove the chief of police from office and declare the same vacant, from incompetency, neglect of duty, or any other cause unbecoming such officer; such charges shall be made in writing, and the chief of police have reasonable notice of them before trial. The mayor and council shall have power, at any time, to fill a vacancy in said office, to continue until the expiration of the term of the retiring chief of police. Chief of police. Salary. Bond. Removal from office. Vacancy in office. SEC. XI. Be it further enacted, That the mayor and council shall have the power to employ any number of regular or special police to assist said chief of police in the discharge of his duties, or to preserve the peace and good order of said town, and the mayor and council may confer power upon said regular or special police to discharge said duties, and said policemen shall also have all such powers as are conferred now upon constables of this State by statute. Police force. 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, or until his successor is elected and qualified. His compensation shall be fixed by ordinance, and shall not be changed during the term for which he is elected. Before entering upon the duties of his office, said clerk shall enter into a bond, with good and sufficient security, in such sum as the mayor and council shall require, to be conditioned upon the faithful discharge of his duties, and that he will faithfully account for all moneys coming into his hands as such clerk or treasurer of said town. Clerk of council. Term of office. Compensation. Bond. SEC. XIII. Be it further enacted, That the mayor, or such member of the council who [Illegible Text] in the mayor's court, shall have full power to administer oaths to any and all persons, and swear witnesses in the trial of any cases coming before his court to be determined. Administration of oaths. SEC. XIV. Be it further enacted, That if any breach or default be made in the bond of the chief of police or clerk of council, required by this Act, or any other bonded officer under any ordinance of said town, same may be sued and recovered on full amount

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thereof, in any court having jurisdiction thereof, by the mayor and councilmen of said town. Breach of bond. SEC. XV. Be it further enacted, That said mayor and council shall have power to levy, impose, and collect a tax upon all real and personal property within the corporate limits of said town, that may be deemed advisable and not in conflict with the laws of this State; provided , that said taxes do not exceed the sum of one per cent. on the value thereof; and the mayor and council shall have the power to impose and grant licenses for the sale of liquor, either at wholesale or retail, and for keeping bar-rooms, bowling-alleys, and other places of public amusement. Property tax. Liquor licenses, etc. SEC. XVI. Be it further enacted, That the mayor and council of Cubana City shall have the power to pave, lay off, vacate, close, open, alter, cut, and keep in good order and repair roads, streets, alleys, sidewalks, cross-walks, drains, gutters for the use of the public or any citizen thereof, and to improve and light the same, and to have them kept free from obstructions on or over them; to regulate the width of the sidewalks on the streets, and to order the sidewalks, cross-ways, drains, and gutters to be curbed and paved and kept in good order, free and clear, by the owners and occupants thereof or of the real property next adjacent thereto; to establish and regulate markets, and to prescribe the time of holding the same. Paving, opening, etc. streets, alleys, etc. Markets. SEC. XVII. Be it further enacted, That said mayor and council shall have power and authority to prevent hogs, cattle, horses, sheep, or other animals and fowls of all kinds from going at large in said town; to protect places of divine worship in and about the places where held; to abate or cause to be abated what, in the opinion of a majority of the whole council, shall be declared a nuisance; to regulate the keeping of gunpowder and other combustibles; to provide in and 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, and for making of division fences by the owners of adjacent properties and the drainage of lots by proper drains and ditches; to make regulations for guarding against danger or damage by fire, and to protect the property and persons of the citizens of said town; to enact all necessary rules and regulations to protect the health of the town and for general sanitation. Animals and fowls running at large. Protection divine worship. Abatement nuisances. Gunpowder, etc. Cemeteries Buildings, etc. Damage and protection from fire, etc. Sanitation. SEC. XVIII. Be it further enacted, That the mayor and council shall have power to erect, or authorize or prohibit the erection, of gas works, electric light works, or water-works. Gas works, water-works, etc. SEC. XIX. Be it further enacted, That said mayor and council shall have the power to provide for the annual assessment of the taxable property in said town, and the mode and manner of valuing such property for taxation. Assessments for taxation.

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SEC. XX. Be it further enacted, That said mayor and council shall have power and authority to enact and adopt all necessary rules for the regulation and government of its own body. Rules for government of council. SEC. XXI. Be it further enacted, That the mayor and council of said town shall have full power and authority to license persons to retail spirituous liquors within the corporate limits of said town, such license not to be granted for longer or shorter time than the fiscal year. Said mayor and council may also license and regulate the management of bar-rooms, saloons, hotels, bowling-alleys, livery stables, boarding-houses, merchants, manufacturers, dealers, and professional men, and levy a tax upon same in said town. Said mayor and council shall adopt such rules, ordinances, and regulations in reference to licenses, not inconsistent with the laws of the State, as they may deem proper and fit; but before any license to retail liquor shall issue, the applicant for such license shall obtain the consent of at least four property-owners nearest to his proposed place of business for the sale of liquors. Sale of liquors. Bar-rooms, hotels, etc. Business tax. General rules, etc., as to licenses. Restriction as to liquor licenses. SEC. XXII. Be it further enacted, That said mayor and council shall provide proper ordinances requiring of all persons in said town, road and street duties in said town; provided , that the mayor and council shall have power to levy a street tax in lieu thereof, and to impose fines and penalties for the violation or non-compliance with the road or street laws of said town. Street working. Street tax. SEC. XXIII. Be it further enacted, That said mayor and council shall have power to appropriate such sums of money, from time to time, as may be necessary for repairing and improving public works, building school-houses, parks, public buildings, and for such repairs and improvements as may be deemed prudent, and as the finances of the town may authorize, by a two-thirds' vote of the members of said council. Appropriations for walks, parks, public buildings, etc. SEC. XXIV. Be it further enacted, That said mayor and council, and their successors, shall have full power and authority, generally, to pass all needful ordinances, resolutions, and by-laws not contrary to the Constitution and the laws of this States or of the United States. General authority as to ordinances, etc. 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 December 18, 1894.

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DAVISBORO INCORPORATED. No. 125. An Act to incorporate the town of Davisboro, in the county of Washington, to grant certain powers and privileges to the same, and for other purposes. SECTION I. Be it enacted by the General Assembly of Georgia, That the town of Davisboro, in the county of Washington, be, and the same is, hereby incorporated as a town, under the name of town of Davisboro. The corporate powers of said town shall be vested in a mayor and five councilmen, and by the name of the mayor and council of the town of Davisboro they may sue and be sued, plead and be impleaded, and exercise all the corporate powers that may be necessary in performing their duties. Corporate name and government. General powers. SEC. II. Be it further enacted by authority of the same, That the corporate limits of said town shall extend twelve hundred yards in each and every direction from a point where the public road crosses the Central Railroad. Corporate limits. SEC. III. Be it further enacted by the authority aforesaid, That A. W. Aldred be, and he is, hereby appointed mayor, and O. H. Beall, N. H. Jordan, J. H. Evans, T. J. Orr, and W. G. Bailey be, and they are hereby appointed councilmen of said town of Davisboro, to hold their office until the first annual election as hereinafter provided. Provisional government. SEC. IV. Be it further enacted by the authority aforesaid, That on the first Monday in August, 1895, and every two years thereafter on the same day an election shall be held in the council chamber in said town for a mayor and five councilmen, who shall hold their offices for two years and until their successors are elected and qualified; but none shall vote or be eligible to the office of mayor or a 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 election shall be held and conducted in the same manner as elections for county officers in this State, and the certificate of the managers shall be sufficient authority to the persons elected to enter on the discharge of the duties of the office to which they have been elected. In the event that the office of mayor or any member of the board of councilmen shall become vacant by death, resignation, removal, or other cause, the mayor, or in case his seat is vacant, a majority of the aldermen, shall order a new election, notice of which shall be given at least twenty days before said election is held, the same to be conducted as provided in this Act. Municipal elections. Terms of office. Qualifications for office. Conduct of elections. Certificate of elections. Vacancies.

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SEC. V. Be it further enacted by the authority aforesaid, That before entering on the discharge of their duties, the mayor and councilmen shall subscribe to the following oath, which may be administered by any person authorized by the laws of this State to administer oaths: I do solemnly swear that I will faithfully discharge all the duties devolving on me as mayor or councilmen, as the case may be, of the town of Davisboro, Washington county, according to the best of my ability and understanding, so help me God. Oath of office. SEC. VI. Be it further enacted, That said mayor and councilmen shall have power and authority to pass all laws and ordinances that they may deem necessary for the government of said town and the protection of property from loss of fire or damage therein; provided , that they be not repugnant to the Constitution and laws of this State and the United States. General power as to ordinances, etc. SEC. VII. Be it further enacted, That said mayor and councilmen shall have power to levy and collect a tax not exceeding one-half of one per cent. upon all property, both real and personal, within the corporate limits of said town, and the same may be enforced by execution issued by the clerk in the name of the mayor, and levy and sale of property as in case of sales of property liable to State and county taxes; all levies of tax executions to be made by the marshal or his deputy and to be conducted as sales by the sheriffs of this State in cases of levy of tax executions. They shall also have power to require all persons within said corporate limits, who are subject to road duty under the laws of this State, to work on the streets of said town, or they may prescribe a commutation tax which may be paid in lieu of work upon the streets. Property tax. Enforcement of. [Illegible Text] work. Commutation 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 own number), shall be the chief executive officer of said town. He shall see that the ordinances, by-laws, rules, and orders of the council are faithfully executed; he shall have control of the police of said town, and may appoint special police whenever he may deem necessary, and it shall be his duty especially to see that the peace and good order of the town are preserved, and that persons and property therein are protected, and to this end he may cause the arrest and detention of all riotous and disorderly persons in said town, he shall have power to issue executions for all fines, penalties, and costs imposed by him, or he may require the immediate payment thereof, and in default of immediate payment he may imprison the offender in the guard-house of said town, or by work on the streets of said town not to exceed thirty days. [Illegible Text] his duties, etc. Arrest, punishment, etc., of offenders.

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SEC. IX. Be it further enacted, That said mayor and councilmen, at the first meeting after their election (or at the next meeting after the first, if they deem proper and best), shall elect a clerk, who may be one of their own number or any citizen of said town, and at the same time shall also elect a treasurer of their own number, and also a marshal and deputy if necessary, who shall be a citizen of said town. From all of these officers a bond shall be taken in such sums as the council may require, to be approved by the mayor, conditioned for the faithful performance of their duties. They shall also take and subscribe an oath before said mayor that they, and each of them, will well and faithfully discharge their several duties as clerk, treasurer, and marshal as the case may be, to the best of their skill and knowledge. Clerk. Treasurer, marshal, etc. Bond. Oath of office. SEC. X. Be it further enacted, That the clerk and marshal receive such annual salaries as the council may deem just and proper; the mayor and councilmen shall not receive any salaries, but shall be exempt from street tax during the continuance of their official term. Salaries of clerk and marshal. SEC. XI. Be it further enacted, That said mayor and council shall have power and authority to tax all shows, auctioneers, sleight of hand performances, gift enterprises, pool and billiard tables, wheels of fortune, and other like enterprises as they may deem most to the interest of said town. Tax on shows, etc. SEC. XII. Be it further enacted, That said mayor and council shall have the power to regulate and control the sale of vinous, malt, intoxicating liquors or bitters, or any beverage that will produce intoxication in said town; to grant a license to each firm or dealer in said town; to fix a fee for said license and to impose penalties upon any person selling such intoxicating liquors, or beverages or bitters in said town without such license. Sale of liquors. SEC. XIII. Be it further enacted, That the mayor and council shall have the power to regulate and control the sale of fresh meats and fresh fish within the limits of said town, and to impose a tax upon any person dealing in the same. Sale of fresh meats and fish. SEC. XIV. Be it further enacted, That the town of Davisboro, when incorporated as contemplated in this Act, shall not be liable to keep up, maintain, or repair the present or any future bridges across Williamson swamp creek or Steel's creek or any appurtenances thereto attached. Exemption from keeping up, etc., certain bridges. 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 17, 1894.

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EASTMAN, BUSINESS TAX IN. No. 86. An Act to amend an Act entitled an Act to incorporate the town of Eastman, in the county of Dodge, to define the limits of the same, and to repeal all previous Acts passed incorporating the same, approved December 15th, 1871, by amending section 16 thereof, so as to allow the mayor and aldermen of the town of Eastman to levy and collect a tax upon any business, trade, calling, or vocation carried on within the limits of said town, 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 sixteen (16) of an Act entitled an Act to incorporate the town of Eastman, in the county of Dodge, to define the limits of the same, and to repeal all previous Acts passed incorporating the same, approved December 15th, 1871, be, and the same is, hereby amended by adding to said section the following: And said mayor and aldermen shall have power and authority to levy and collect a tax upon any and all persons doing or carrying on within the limits of said town any business, trade, calling, or vocation whatever. So that said section, when amended, shall read as follows: Section 16. 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, gaming, 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 for the purpose of renting the same; and the said mayor and aldermen shall have power and authority to levy and collect a tax from itinerant show-masters who may exhibit in said town any show, circus, riding, tumbling, sleight of hand, tricks of legerdemain, or any theatrical exhibition coming under this description; and said mayor and aldermen shall have power and authority to levy and collect a tax upon any and all persons doing or carrying on within the limits of said town any business, trade, calling, or vocation whatever. Sec. 16 of Act of Dec. 15, 1871, amended. Authority to levy and collect business tax. 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 15, 1894.

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ELBERTON, BONDS FOR ELECTRIC LIGHT SYSTEM. No. 39. An Act to authorize the mayor and council of the city of Elberton, Georgia, to issue bonds, not to exceed twelve thousand dollars, for the purpose of establishing a system of electric lights in said city, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of [Illegible Text] That the town council of Elberton, in said State, and said town council is hereby authorized to issue bonds of the said town, not to [Illegible Text] in the aggregate twelve thousand (12,000) dollars, of the denomination of one hundred (100) 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 interest not exceeding (7) seven per centum per annum, as said town council shall determine. Amount of bonds. Denomination and maturity. Rate of interest. SEC. II. Be it further enacted, That said town council shall assess, levy, and collect annually a sufficient tax upon the taxable property of said town to pay the interest of said bonds as the same shall become due, and to provide a sinking fund for the redemption of said bonds as the principal thereof shall become [Illegible Text]. Tax to pay interest and for sinking fund. SEC. III. Be it further enacted, That said bonds shall be executed in such manner as the town council shall determine, shall be signed by the president of the town council of said town and countersigned by the clerk thereof, under the corporate seal of said town, and sold in such manner as said town council shall decide to be for the best interest of said town of Elberton. Execution of bonds. SEC. IV. 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 two-thirds' vote of said qualified voters of said town. When this Act may take effect. SEC. V. Be it further enacted, That the town council of said town shall, within two years after the passage of this Act, order an election to be held in said town, after thirty (30) days' notice thereof in the newspapers published in said town, which election shall be held by the justice of the [Illegible Text] 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, except the returns 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 within ten days from time same is held, and provided that the ballots cast at said election shall contain the words for bonds, or the words against bonds; and unless

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for bonds shall receive a two-thirds' majority of all the voter of the town qualified to vote at said election, then this Act shall not become a law. Election as to bonds. Notice of. Conduct of. Returns. Declaration of result. [Illegible Text] Majority necessary. 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 12, 1894. ELBERTON, BONDS FOR WATER-WORKS. No. 100. An Act to authorize the mayor and council of the city of Elberton, Georgia, to issue bonds not to [Illegible Text] thirty-four thousand dollars, for the purpose of establishing a system of water-works in said city, 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, said State, be, and the same is, hereby authorized to issue bonds of said town, not to exceed in the [Illegible Text] thirty-four thousand dollars, of the denominations of one hundred ($100) dollars each, to become due and payable at such times, within (20) twenty years after the issue thereof, as may be determined by said town council, and [Illegible Text] bear interest not to exceed seven per cent. (7 per cent.) per annum. Bonds. Amount and denomination. Maturity. Rate of interest. SEC. II. Be it further enacted, That 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 to provide a sinking fund for the [Illegible Text] of said bond as the principal of said bonds shall become due. Tax to pay interest and for sinking fund. SEC. III. Be it further enacted, That said bonds shall be executed in such manner as the town council shall determine; shall be signed by the president of the town council of said town and countersigned by the clerk of said 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 [Illegible Text] of. SEC. IV. Be it further enacted, That the provisions of this Act shall not take effect until the same shall be submitted to a vote of the qualified voters of the town of Elberton and approved by a two-thirds' vote of the said qualified voters of said town. When this net to take [Illegible Text]. SEC. V. Be it further enacted, That the town council of said town shall, as soon as deemed practical, within the next two years after the passage of this Act, order said election to be held in said town, giving thirty days' notice thereof in the newspapers published

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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 same is held. Election as to bonds. Notice and conduct of. Returns. Declaration of result. SEC. VI. Be it further enacted, That the ballots cast at said election shall contain the words for bonds, or the words against bonds; and unless for bonds shall receive two-thirds' majority of all the voters of said town qualified to vote at said election, then the provisions of this Act shall fail. Ballots. Majority necessary. 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 15, 1894. MACON, CHARTER OF, AMENDED. No. 45. An Act to amend the charter of the city of Macon, so as to confer additional powers on the mayor; to change the term and compensation of certain offices, to prescribe and define more clearly the relations between the commissioners and the mayor and council; to grant certain rights and powers to the corporation, 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 charter of the city of Macon be amended as follows, by adding to the twenty-seventh section of said charter as contained in the Act approved November 21, 1893, which section prescribes the duties of chairman of council, the following words to come in at the end of said section after the word chairman: The permanent or standing committees of council shall be designated by the mayor at the first regular meeting after the organization of council in each year. If for any cause the committees cannot be designated by the mayor at the first regular meeting aforesaid, they shall be appointed by the chairman of council at the regular meeting which follows first after the one herein mentioned. Vacancies in the committees, caused by vacancies in the council or by resignations of the members of the committees, shall be filled by the mayor from the council on receiving notice of such vacancies. The chairman of council shall be, by virtue

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of his office, a member of all the standing committees of council. Resignations of any member of council, either from the standing committee or from the council itself, and all resignations of the members of any of the boards of the city shall be addressed to the mayor of the city and disposed of by him. The resignation of the mayor shall be addressed to the chairman of the council. Sec. 27 Act of Nov. 21, 1893, amended. Designation of standing committees. Vacancies in committees. Chairman of council member of all standing committees. Resignations, how addressed. SEC. II. Be it further enacted by the authority aforesaid, That section 37 of said charter, which prescribes the duty of the Board of Commissioners of Public [Illegible Text] of said city, be amended as follows: The words and shall be entitled to a clerk to be selected by said board, whose term of office shall be three years, and whose salary shall be one thousand dollars, in the sixth, seventh, and eighth lines of said section, from the top of page 252 of the published Acts of the Legislature of 1893, shall be stricken from said charter and the following be inserted in lieu thereof; which shall always be open to the inspection of the public for the purpose of keeping such record and preserving the files and papers of said board. The clerk of the council shall be ex officio clerk thereof. His compensation for such services shall be fixed by the board, not to exceed $300 per annum. Also that section 50 be amended by adding at the end thereof the following words to constitute a new paragraph to said section: Any member of the boards herein provided for may be removed from office by the mayor of said city after a public trial and conviction by the council upon written charges preferred for continued neglect of duty or other conduct unbecoming the station of such member, to be judged of by said council. A vote of two-thirds of all the aldermen elected shall be necessary to such conviction and removal. Also, that section 54 of the charter be amended by adding at the end thereof, to constitute a new paragraph, these words: The said city marshal shall also act as one of the tax-assessors of the city, and for this purpose shall take the same oath as that prescribed in section 80 of this charter for the said tax-assessors. Sec. 37 amended. Minutes of [Illegible Text] public works open to public inspection. Clerk of council ex officio. Section [Illegible Text] amended. Removal from office of member of [Illegible Text]. Vote necessary. Sec. 54 amended. City marshal to be one of tax-assessors. SEC. III. Be it further enacted by the authority aforesaid, That the following proviso shall be added to section 71 of said charter, which section prescribes the powers and duties of the mayor and council concerning street crossings, sidewalks, and pavements in said city, to come in at the end thereof after the words for taxes; provided , however, that nothing contained in this section or in any other part of this charter shall be construed to confer any ministerial power on said mayor or council over the streets, crossings, sidewalks, pavements, public buildings, or public works of said city, but the said mayor and council shall have the right to legislate concerning the same and to prescribe by ordinance or resolution the work to be done and the method of doing the same. The Board of Commissioners

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of Public Works shall have charge of the public property, street improvements, street forces, and the performance of all other public work done or performed within the limits of said city of the character referred to in this and the preceding sections, as well as of all other work prescribed in this Act to be done by said board. Also, that section 80 of said charter, which provides for the appointment of tax-assessors, be amended by striking out the word three, in the third line of said section, and inserting in lieu thereof the word two, so that there shall be appointed only two assessors under said section, who with the city marshal shall assess and value the property of the city as in said section provided. Sec. 71 amended. No ministerial power in mayor and council over streets, etc. But they have right to [Illegible Text] concerning them. Commissioners public works to have charge of public property, streets, etc. Sec. 80 amended. Tax-assessors. 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 13, 1894. MILLEDGEVILLE, CHARTER AMENDED AS TO STREET WORK, ETC. No. 42. An Act to repeal an Act to amend the charter of the city of Milledgeville, approved February 15, 1876, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That section 2 of an Act amending the charter of the city of Milledgeville, approved February 15, 1876, which provides that the duty of keeping the streets and bridges in repair shall be confined to such streets only as the mayor and aldermen shall declare to be public streets, and which provides that the inhabitants outside of said proclaimed limits of public streets shall not be taxable for any city purposes except on their own petition for police purposes, be, and the same is, hereby repealed. Sec. 2 of Act of Feb. 15, 1876. Fixing limit of duty as to streets and bridges declared public streets. And limitation as to city taxes, repealed. SEC. II. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict be, and the same are, hereby repealed. Approved December 13, 1894.

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MILLEDGEVILLE, TAX RETURNS IN. No. 70. An Act to provide for and regulate the way and manner in which returns of property for taxation shall be made to the lawful authorities of the city of Milledgeville; to require the owners of such property, in making said returns, to give a full description and identification of the same, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act, that whenever any owner of any property, either real or personal, or both, in the city of Milledgeville, shall make return of the same for taxation by the authorities of said city, as now provided by law for said city, such persons, or his agent, trustee, or attorney in fact, shall give in such return a full and complete description of the property so returned, together with an accurate and detailed statement of the location of the same, giving the square lot or fraction of a lot by the numbers as known and distinguished in the plan of said city, together with a [Illegible Text] valuation of the same, and said return shall be made under oath. What returns of property must [Illegible Text]. SEC. II. Be it further enacted by the authority aforesaid, That if any property owner shall fail, neglect, or refuse to comply with the terms and provisions of the preceding section of this Act, then and in that event the city assessors shall proceed to assess the property of such owner as now provided by law, and shall also report the same to the mayor and aldermen of said city, who are hereby authorized and empowered to add not more than twenty-five (25) per centum, nor less than ten (10) per centum to the tax of such delinquent property-owner for the failure, neglect, or refusal aforesaid and as a penalty therefor. And the clerk of said city shall, under the direction and order of said mayor and aldermen, issue a [Illegible Text] facias for said tax and penalty as now required by law. Failure to comply, assessment to be [Illegible Text] Penalty. SEC. III. Be it further enacted, That all conflicting laws be, and the same are, hereby repealed. Approved December 17, 1894.

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NEWBORN INCORPORATED. No. 67. An Act to incorporate the town of Newborn, Newton county, Georgia; to provide for the government of the same; to grant certain powers and privileges thereto, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That the town of Newborn, in the county of Newton, be, and the same is, hereby incorporated as a town under the name of Newborn. Name of town. SEC. II. Be it further enacted, That the municipal government of said town shall consist of a mayor and four councilmen, who are hereby constituted a body corporate under the name and style of the mayor and council of the town of Newborn, and by that name shall have perpetual succession, and by said name shall be capable to sue or be sued in any court of law or equity in the State; to plead or be impleaded, and do all other acts relating to their corporate capacity, and shall be capable in law to purchase, hold, receive, enjoy, and possess, to retain to them and their successors for the sole use and benefit of said town of Newborn in perpetuity or a term of years, any estate, real or personal, within the line of said town, and to sell, exchange, or lease the same in any way whatever; to establish and maintain free schools, and to have and use a common seal. Municipal government. Corporate name and general powers. SEC. III. Be it further enacted, That the boundary lines of said town shall be parallel to Maine and Johnson streets, and shall be three-fourths of a mile in a direct line from the center of said streets at their junction, and said corporation shall include the area within said boundary lines. Corporate limits. SEC. IV. Be it further enacted, That the corporate powers of said town shall vest in said mayor and councilmen, who shall be elected on the third Monday of January of each year. Said mayor and councilmen shall hold their offices for one year or until their successors are elected and qualified. Municipal elections. Terms of office. SEC. V. Be it further enacted, That any two citizens who are freeholders in said town may superintend the election for mayor and councilmen, and each of said managers, before entering on his duties, shall take an oath before some officer 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. Said managers shall give their certificates of election to the persons elected, which shall be conclusive

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evidence of the fact, and the persons having the largest number of votes shall be entitled to such certificates. The polls at each and every election held in said town and pertaining to the same shall be opened at two o'clock P. M. and closed at five o'clock P. M. Election managers. Oath of. Tally [Illegible Text] etc. Certificates of election. Polls. SEC. VI. Be it further enacted, That said mayor and councilmen shall, before entering upon the duties of their respective offices, subscribe to the following [Illegible Text] which may be administered by any person in this State authorized to administer oaths: I do solemnly swear (or affirm) that I will faithfully discharge all the duties incumbent upon me as the mayor (or councilman) of the town of Newborn, according to the best of my ability, so help me God. Oath of office. SEC. VII. Be it further enacted, That no person shall be eligible to the office of mayor or councilman unless he be twenty-one years of age or over, and shall have resided in said town twelve months immediately preceding his election, and shall have paid all taxes required of him by said town. Qualifications for office. SEC. VIII. Be it further enacted, That the qualifications to vote in said town shall be the same as for the election of members of the General Assembly, except that no person shall be entitled to vote unless he has resided in said town for three months immediately preceding the election. Qualifications of voters. SEC. IX. Be it further enacted, That said mayor and councilmen shall have power and authority to elect such marshals, clerks, and other subordinate officers as may be deemed necessary for carrying on the powers herein granted, and to prescribe the duties and compensation of such subordinate officers, and to require of them such bonds as they may deem necessary. Subordinate officers. SEC. X. Be it further enacted, That the mayor and councilmen, or a majority of them, shall have full power and authority to impose, levy, and collect such taxes upon all real and personal property and on all notes, evidences of debt, and other choses in action held, kept, possessed, or owned within the corporate limits of said town, on business and on trades, as they may deem necessary for the support of the government of said town; and they may enforce the collection of said taxes and also all fines imposed by them in such manner as they, by law or ordinance, may prescribe. They shall also have power and authority to require all persons subject to road duty under the laws of the State to work on the streets, alleys, and sidewalks of said town; but they may receive in lieu of said work such commutation fee as said mayor and council may prescribe, which shall be used only in working the streets, alleys, and sidewalks of said town. Property tax. Business tax. Collection of taxes and fines. Street work. Commutation tax. SEC. XI. Be it further enacted, That the mayor shall be the chief executive of said town. He shall see that all laws, ordinances,

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and rules of the town are faithfully executed and enforced, and that all officers faithfully discharge the duties required of them. He shall preside at the meeting of the mayor and council of said town, and shall have the right to vote upon all questions before said body except upon questions where he is disqualified by reason of interest, relationship, or otherwise. Duties of mayor, etc. His right to vote at council meetings. SEC. XII. Be it further enacted, That the mayor, or in his absence or disqualification, any two or more councilmen, 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 said town. Said mayor's court shall have full power and authority, upon conviction, to sentence such offenders to pay a fine not exceeding fifty dollars, or be imprisoned not exceeding thirty days, or be [Illegible Text] at labor upon the streets or other public works in said town for a period not to exceed one hundred days; either or all of said penalties may be imposed in the discretion of said court. Said court shall have the power to preserve order and compel the attendance of witnesses, to punish for contempt, not [Illegible Text] ten dollars or twenty days' imprisonment. Mayor's court. Punishment of offenders. Attendance of [Illegible Text] contempts, etc. SEC. XIII. Be it further enacted, That at the first meeting of the mayor and council after their election and qualification, it shall be the duty of said body to elect a mayor pro tem. , who shall perform all the duties of said mayor when from any cause he cannot be present to execute the duties of his office. Mayor pro tem. SEC. XIV. Be it further enacted, That in the event the office of mayor or councilmen, or any subordinate officer of said town, shall become vacant either by death, resignation, or removal, the said vacancy shall be filled by the said mayor and council. Vacancies in office. SEC. XV. Be it further enacted, That said mayor and council shall have power to lay out, open, and abolish streets and alleys of said town, extend and change the same as the public interest may require, by paying the owners just compensation for the property taken for any such purposes. Powers as to streets, etc. SEC. XVI. Be it further enacted, That said mayor and council shall have power to provide by ordinance for the collection of all taxes, moneys, and fines due to said town, by execution to be issued and signed by the mayor of said town or the mayor pro tem , and the levy of the same by the marshal of said town upon any real or personal property of the defendant to be found in the county, and said marshal's levies and sales shall be had under the same, as now provided in section 365(a) of the Code. Tax executions, etc. Marshal's levies and sales. SEC. XVII. Be it further enacted, That upon the arrest of any person upon a charge of violating any of the ordinances or by-laws of said town, if it shall appear from the testimony adduced upon the trial of said person that there is probable cause for his detention

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to answer to the charge of having violated any of the criminal laws of this State, said officer trying said cause shall issue his warrant commiting said accused to the common jail of the county, to answer to said charge before the county court or superior court of the county, if said county court shall not have jurisdiction of the offence. In either event, if said case is one that is bailable by justice of the peace, bail shall be appraised by said committing officer. Commitments for offences against State. Appearance bonds. SEC. XVIII. Be it further enacted, That the keeping for sale, selling, offering for sale, or giving away as a beverage of any spirituous, malt, vinous, or fermented liquors within the corporate limits of said town shall be, and is, hereby forever prohibited. And the mayor and council of said town shall have no power or authority to license the sale thereof, and it shall be their duty to enforce this prohibition by the enactment of necessary ordinances with suitable penalties for violation. Sale of liquors, etc. prohibited. SEC. XIX. Be it further enacted, That bonds of the town of Newborn may be issued by the passage of an ordinance setting forth the amount of the bonds desired to be issued, the rate of interest on the same, how and when payable, and the date and time of maturity of said bonds. Said ordinance shall be advertised for not less than (30) thirty days by posting in three prominent places in said corporation, together with notice of the time and place for holding a special election to be held, at which the question of approval or disapproval of said ordinance shall be submitted to a vote of the qualified electors of said corporation, and the result declared in the same manner as provided for the holding of elections for officers of said corporation. If a majority of said electors shall approve said ordinance, then bonds may be issued as provided therein, and said bonds shall be signed by the mayor and clerk under the seal of corporation. Issue of bonds. Advertisement of ordinance as to. Election as to. Majority necessary. Execution of bonds. 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 15, 1894. OAKLAND CITY INCORPORATED. No. 36. An Act to incorporate the town of Oakland City, in the county of Fulton; to define the corporate limits thereof; to provide a municipal government for said town; 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 the town of Oakland City, in the county of Fulton,

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be, and the same is, hereby incorporated as a town, under the name of the town of Oakland City. Name of town. SEC. II. Be it further enacted, That the corporate limits of said town shall be as follows: Commencing at a point where the West End corporation line crosses the cast line of the Murphey land; thence south along the east side of said land to the southeast corner of the same; thence west along the south line of said Murphey's land to a point one-half () of a mile west from the center of the Central Railroad track; thence south parallel with said railroad track to the west side of the gate on the north side of the United States Army Post, known as Fort McPherson; thence east along the north line of said Fort McPherson land to the northeast corner; thence south along the east side of said land to a point opposite the south line of H. L. Harralson's land; thence east across the Central Railroad tracks to a point one-quarter of a mile east of the same; thence north parallel with said Central Railroad tracks to the old West End corporation line; thence west along said corporation line to the point of beginning. Corporate limits. SEC. III. Be it further enacted, That the municipal government of said town shall consist of a mayor and five aldermen, who are hereby constituted a body corporate under the name and style of the mayor and council of the town of Oakland City, and by that name and style shall have perpetual [Illegible Text] and by said name shall be capable to sue and be sued in any court of law or equity in this State; to plead and be impleaded, and to 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 sale, use, and benefit of said town of Oakland City, in [Illegible Text] or for a term of years, any estate, real or personal, within the limits of said town, and to sell, exchange, or lease the same in any way whatever. Municipal government. Corporate name and general powers. SEC. IV. Be it further enacted, That on the second Wednesday in January, 1895, and annually thereafter on the same day, an election shall be held in said town for said mayor and five aldermen, who shall hold their offices for one year and until their successors are elected and qualified, and in these officers the corporate powers of said town shall vest. Said elections shall be held and conducted in the same manner as elections for county officers in this State, and the certificate of the managers shall be sufficient authority to the persons elected to enter on the discharge of the duties of the offices to which they have been elected. Municipal elections. Terms of office. Conduct of elections. Certificates of election. SEC. V. Be it further enacted, That the qualified voters of said town shall be all such persons as are qualified to vote for members of the General Assembly for said county, and who have bona fide

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resided in said town for three months previous to the election whereat they shall offer to vote. Qualifications of voters. SEC. VI. Be it further enacted, That said mayor and aldermen shall, before entering upon the duties of their respective offices, 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 the mayor ([Illegible Text] alderman) of the town of Oakland City according to the best of my ability, so help me God. Oath of office. SEC. VII. Be it further enacted, That said mayor and aldermen shall have power and authority to elect such marshals, clerks, and other subordinate officers as may be deemed necessary for carrying on the powers herein granted, and to prescribe the duties and compensation of such officers and require of them such bonds as they may deem necessary. Subordinate officers. SEC. VIII. Be it further enacted, That said mayor and aldermen shall have power to make and pass all ordinances, by-laws, rules, and regulations that may seem necessary for the good government, peace, order, and health of said town and for the enforcement of all powers herein granted; provided , they are not repugnant to the Constitution and laws of the State of Georgia or the United States. General municipal powers. SEC. IX. Be it further enacted, That said mayor and aldermen shall have power to levy a tax, not to exceed one-half of one per cent. on all property, real or personal, subject to the State tax, within the corporate limits of said town. They shall also 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, but they may receive, in lieu of said work, such commutation fee as said mayor and aldermen shall prescribe. Property tax. Street work. Commutation tax. SEC. X. Be it further enacted, That said mayor and aldermen shall have power to assess and collect such a business or license tax as they may deem proper upon all kinds of business carried on within the limits of said corporation; also, on all shows, exhibitions, or performances, on all billiard, pool, and other tables for playing at games, and all establishments of like character in said town for amusement and gain. Business tax. Tax on shows, etc. SEC. XI. Be it further enacted, That said mayor and aldermen shall have power to provide for the arrest, trial, and punishment of offenders against any ordinance, by-law, rule, or regulation of said town by fine, imprisonment, or work on the streets of said town; provided , said fine shall not exceed one hundred dollars and such imprisonment not exceed thirty days. Arrest trial and punishment of offenders.

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SEC. XII. Be it further enacted, That said mayor and aldermen shall have the power to elect a mayor pro tem. , who shall perform all the duties of the mayor when from any cause he cannot be present to execute the duties of his office; also, to fill any vacancy that may occur in the office of mayor or aldermen or any subordinate office of said town. Mayor pro tem. Vacancies in office. SEC. XIII. Be it further enacted, That said mayor and aldermen shall have power to lay out, open, and abolish streets and alleys in said town, extend and change the same, as the public interest may require, by paying the owner just compensation for the property taken for such purposes. Powers as to streets, etc. SEC. XIV. Be it further enacted, That said mayor and aldermen shall have power to provide, by ordinance, for the collection of all taxes, moneys, and fines due said town, by execution to be issued by the mayor and levied by the marshal thereof. Collection of taxes, fines, etc. SEC. XV. Be it further enacted, That the mayor and mayor pro tem. shall be ex officio justices of the peace in criminal matters, and shall have [Illegible Text] 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 the violation of the laws of the State, and to admit to bail or commit to the guard-house for the violation of the ordinances of said town. Mayor or mayor pro tem. ex officio justices of the peace in criminal matters. SEC. XVI. Be it further enacted, That the sale of spirituous, vinous, malt, and intoxicating liquors shall be forever prohibited within the limits of the said corporation of Oakland City; also, to license and tax all shows, ten-pin alleys, billiard and pool tables, and other like devices, and all contrivances used for the purpose of gaming or carrying on any game of chance by selling cards, tickets, or numbers, or by using any other article or contrivance. Sale of liquors prohibited. Licenses for shows, ten-pin alleys, etc. SEC. XVII. Be it further enacted, That the mayor of said town shall be the chief executive officer; he shall see that the ordinances, by-laws, rules, and regulations of the council are faithfully executed; he shall have control of the police of said town, and may appoint special police when he may deem it necessary; he shall have power to issue execution for all fines, penalties, and costs imposed by him, or he may require the immediate payment thereof, and in default of such immediate payment, he may imprison the offender in the guard-house of said town not exceeding thirty days, or require such offender to work on the streets of said town. Duties, etc, of mayor. 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 12, 1894.

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SAVANNAH, ELECTION, TERM, ETC., SUBORDINATE CITY OFFICERS. No. 7. An Act to fix the time for electing officers of the city of Savannah by the mayor and alderman thereof; to terminate the terms of those now in office and those elected but not yet installed; to prescribe the terms of those to be elected under this Act; and to fix the date at which said terms shall begin, 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 election of all city officers of the city of Savannah by the mayor and aldermen shall take place on the Monday next succeeding each election of mayor and aldermen; the terms of the officers thus elected shall begin on that day, and extend for two years thereafter and until their successors are lawfully elected and qualified. Time for electing subordinate officers. Terms of office. SEC. II. Be it further enacted, That the terms of the present incumbents of all of the city officers of said city of Savannah shall expire on January 1, 1895, and the terms of all city officers elected but not yet installed shall expire on the Monday next succeeding the election of the mayor and aldermen, who shall be elected next after the passage of this Act, and the present incumbents shall have no right or authority to hold their respective offices or to discharge any of the duties thereof, after January 1, 1895, and those who have been elected, but not yet installed, and whose terms begin on January 1, 1895, shall have no right or authority to hold their respective offices or to discharge any of the duties thereof after the Monday next succeeding the election of the mayor and aldermen who shall be elected next after the passage of this Act. Expiration of term of incumbents and of those elected but not yet installed. SEC. III. Be it further enacted, That any vacancy in any of said city offices which shall occur at any time after the regular election hereinbefore provided for may be filled by the mayor and aldermen at any regular meeting of the same. Vacancies in office. 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 1, 1894.

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SOCIAL CIRCLE, CHARTER AMENDED. No. 9. An Act to alter and amend the several Acts incorporating the town of Social Circle in the county of Walton, and to provide for a mayor and define his powers, and extend the corporate limits of said town, and provide against fire, and remove nuisances, and provide and protect public property, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act, that the Act approved the 18th day of March, 1869, incorporating the town of Social Circle, and the Act approved the 27th day of December, 1886, amendatory thereof, be, and the same are, hereby amended as follows: That the corporate limits of said town of Social Circle extend over and embrace the area of one mile from the public well at the crossing of the two main streets each way, making said corporate limits two miles in every direction. Corporate limits. SEC. II. Be it further enacted, That the municipal government of said town shall consist of a mayor and four commissioners, who shall at their first meeting elect from their body a mayor pro tem. , a treasurer, and clerk, and elect a marshal and all other officers that they think proper to carry this Act into full execution; and the said mayor and commissioners and their successors in office are hereby declared to be a body corporate and politic, under the name and title of the mayor and commissioners of the town of Social Circle, and by that name be empowered to sue and be sued, implead and be impleaded in any of the courts of this State, and shall be capable in law to purchase, hold, receive, enjoy, and possess, to return to them and their successors for the sole use and benefit of said town of Social Circle, in perpetuity, or a term of years, any estate, real or personal, within the limits of said town, and to sell, exchange, or lease the same in any way whatever; and the said mayor and commissioners, or a majority of them, and their successors in office shall have full power and authority to make all by-laws, rules, and regulations necessary and proper for the government of said town which are not repugnant to the Constitution and laws of this State and the United States. Municipal government. Mayor pro tem. and subordinate officers. Corporate name and general powers. Mayor and mayor and commissioners substituted for president and president and commissioners, respectively. SEC. III. Be it further enacted, That wherever the words five commissioners, or commissioners, or president, or president and commissioners, occur in the Act incorporating said town of Social Circle, or in the Act amendatory thereof, be repealed, and the words mayor or mayor and commissioners be substituted therefor.

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SEC. IV. Be it further enacted, That the mayor, or in his absence the mayor pro tem. , shall preside at the meetings of the council, but shall not vote on any question pending before the council at such meeting except in case of a tie between the council, when he shall give the casting vote. The mayor, or in his absence the mayor pro tem. , shall also preside at all sittings of the police courts of said town, and shall have such other authority as was vested in the president of the board of commission of said Act incorporating said town of Social Circle and the Acts amendatory thereof, and shall receive such salary as may be fixed by the president and commissioners at their last regular meeting held before the municipal election to be held on the first Wednesday in December, 1894, and thereafter by the mayor and council of each succeeding year at their last regular meeting before their successors are elected and qualified, and in no case shall the salary so fixed be increased or diminished during the official [Illegible Text] of the incoming mayor; provided , that the salary of said mayor shall not exceed one hundred dollars. Vote of mayor or mayor pro tem. Police courts. Salary of mayor. SEC. V. Be it further enacted, That the mayor shall have authority to punish all persons convicted before him of any violation of penal ordinance of said town by a fine not to exceed one hundred dollars, or as an alternative penalty by labor on the public streets of said town not to exceed forty days. Punishment of offenders. SEC. VI. Be it further enacted, That the mayor and commissioners of said town shall have the authority to lay [Illegible Text] and open new streets within the corporate limits and to alter or extend existing streets; and whenever, in the exercise of their power, it shall become necessary to enter upon and take the land of any citizen, the mayor and commissioners shall, before doing so, pay or tender to the owner of the property to be taken just and reasonable compensation for the land to be taken; and when the mayor and commissioners and the property-owner shall fail to agree as to the amount of compensation to be paid, the same shall be submitted to three resident freeholders of said town, one to be chosen by the owner of the property, one by the mayor and commissioners, and these to select a third, who shall, after three days' notice in writing to both parties, proceed to fix the amount to be paid to the owner of the property, taking into consideration the enhanced value of the property by reason of the opening and changing and extending said streets, and shall make an award in writing, a copy of which shall be furnished to each party, and the original shall, unless the property-owner proceeds, within the time and in the manner provided by the Code of Georgia to attach the award, be returnable by the arbitrators to the clerk of the superior court of said county to be recorded, and when recorded shall become conclusive of the rights of all parties to the controversy; and in case any property-owner, when requested

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to appoint an arbitrator, shall fail or omit for three days to do so, the clerk and treasurer shall proceed to appoint one disinterested freeholder of said town to act for the person so failing or omitting to name an arbitrator, and the persons named by the clerk and treasurer shall, with the two chosen in the manner above recited, proceed to make an award upon the matter in controversy, which shall be binding on the parties when reported and recorded as herein required. Power over streets, etc. Condemnation of private property. Arbitrators. Award. Failure to appoint arbitrator. SEC. VII. Be it further enacted, That the mayor and council shall have full power and authority to remove or cause to be removed all buildings, porches, steps, fences, or other obstructions or nuisances in the streets, alleys, lanes, sidewalks, or public square, or any other place of said town, or within the corporate limits of said town; also, to license, regulate, and control all taverns or public houses; to regulate all butcher-pens, slaughter-houses, steam ginneries, steam sawmills, steam grist-mills, steam planing-mills, dry-kilns, restaurants, blacksmith shops, forges, stoves, and chimneys within said town; and to remove or caused to be removed the same, or any of them, in case they become dangerous by reason of fire or injurious to the health of any citizen of said town, or become nuisances; also, to remove all livery and [Illegible Text] or cause the same to be done by the owner if necessary to protect said town against fire; and to regulate the keeping of hay, fodder, and other combustibles in said town, and also, if necessary, to fill up all pits, cellars, sinks and excavations of said town, or cause the owners thereof to do so; to drain all ponds or pools of water, or cause the same to be done by the owner of the premises upon which same is located; also, to license and regulate all drays, omnibuses, wagons, carts, or other vehicles owned or kept for hire in said town, and also to control all wells, pumps, and livery stables in said town; and to make all necessary rules and regulations for the protection of said town against fire; and to protect the morals and health of said town; also, to protect places of divine worship; to protect all public property, and provide places for the burial of the dead and regulate interments therein and keep up the same. Removal of buildings, fences, etc. Taverns, public houses, etc. Butcher pens, mills, etc. Livery and feed stables. Keeping of combustibles. Drays, wagons, etc. Wells, pumps, etc. Protection against fire, of public health, divine worship, etc. SEC. VIII. Be it further enacted, That the mayor and council shall have the authority to appoint, whenever in their discretion it may become necessary, one or more policemen to assist the marshal in the discharge of his duty; to prescribe the time for which such policemen shall serve and the compensation to be paid them. Police force. SEC. IX. Be it further enacted, That said mayor shall, before entering upon the duties of his office, 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 of

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the town of Social Circle, according to the best of my ability, so help me God. Oath of office. 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, 1894. TEMPLE, TAX-ASSESSORS FOR. No. 92. An Act to amend an Act incorporating the town of Temple, in the county of Carroll, approved August 28, 1883, so as to grant authority to elect a board of tax-assessors for said town, and prescribing their duties. SECTION I. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That an Act incorporating the town of Temple, in Carroll county, approved August 28, 1883, be so amended as to grant authority to the mayor and council of said town to elect a board of tax-assessors, consisting of three freeholders residing in said town. Said board is to be elected on the first Saturday in January, 1895, and biennially thereafter. Authority to elect board of tax-assessors. Time for elections. SEC. II. Be it further enacted by the authority aforesaid, That it shall be the duty of said board of tax-assessors, on the first Saturday in March, or as soon thereafter as practicable, to assess all real estate in said town for taxes and return the same to the mayor and council of said town at its true value, and for services rendered receive such compensation as the mayor and council may determine. Before entering upon their duties each member of said board shall take the following oath, administered by the mayor or a justice of the peace, viz.: I do solemnly swear (or affirm) that I will faithfully and impartially perform my duties as tax-assessor for the town of Temple. Duty of board. Compensation. Oath of office. SEC. III. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 15, 1894.

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VIENNA, CHARTER AMENDED. No. 101. An Act to amend, change, and repeal the charter of the town of Vienna, in the county of Dooly, approved September 30, 1881, so far as the same relates to the number of aldermen for said town, and to the election and term of office of mayor from one to two years after the next term; to change the term of office and manner of electing aldermen, so that at the first election after the passage of this Act two will be elected for one year, and two for two years, and two annually thereafter for two years each; to authorize the mayor to issue his warrant for the arrest of any person who fails or refuses to work the streets of said town or pay commutation tax, as provided in said charter, and leaves said town to avoid such work and payment; and to authorize any lawful arresting officer in the State of Georgia, including the marshal of said town, to arrest such person anywhere in the State and bring him back to said town to be dealt with according to the charter of said town. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That at the next annual election of mayor for said town of Vienna, in the county of Dooly, on the second Monday in January, 1895, the mayor of said town shall be elected for a term of one year as now provided by the charter of said town, but that at the regular annual election of the mayor of said town in January, 1896, the mayor of said town of Vienna shall be elected for a term of two years; and that for that election and ever thereafter the term of office of mayor of said town shall be for and during the term of two years instead of one year as now provided by the charter of said town, and that the election for mayor of said town be held every two years on the second Monday in January. Term of office of mayor. Elections for mayor. SECTION II. Be it further enacted by the authority aforesaid, That the number of aldermen of said town be four, as now provided by section 4 of the charter of said town; and that at the next regular annual election of aldermen for said town, on the second Monday in January, 1895, four aldermen shall be elected, two of whom shall be elected to serve terms of one year, and two to serve for the term of two years; and that thereafter the term of office of aldermen of said town shall be for and during the term of two years instead of one year, as now provided by the charter of said town; and thereafter two aldermen shall be elected [Illegible Text]

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on the second Monday in January of each year to serve terms of two years each. Terms of office and number of aldermen. Elections for. SECTION III. Be it further enacted by the authority aforesaid, That whenever any person included in section 20 of the charter of said town fails or refuses to work the streets of said town, or to pay the commutation tax therefor, according to the provisions of section 20 of said charter, and leaves the said town to avoid such work or payment, then the mayor of said town shall be and is hereby authorized to issue his warrant for the arrest of such person, and any lawful arresting officer in the State of Georgia, including the marshal of said town of Vienna, is hereby authorized to serve and execute said warrant and to arrest the person named therein anywhere in the State of Georgia and bring him back to said town of Vienna, to be dealt with according to section 20 of the charter of said town. The failure or refusal of any such person to work said streets or to pay said tax and his leaving said town will be sufficient proof that said leaving was for the purpose of avoiding such work and payment. When defaulter as to street work leaves town. Proof of purpose in leaving. SECTION 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 15, 1894. WASHINGTON, NEW CHARTER FOR. No. 12. An Act to provide a new charter for the town of Washington, Georgia, and for the repeal of all conflicting laws, and for other purposes. SECTION I. Be it enacted by the General Assembly of Georgia, That all laws heretofore passed with reference to the charter of the town of Washington, Georgia, that are in conflict with the provisions of this Act, be, and they are, hereby repealed. Laws heretofore passed in conflict with this [Illegible Text] repealed. SEC. II. Be it further enacted, That from and after the passage of this Act, the municipal government of the town of Washington, Georgia, shall consist of a mayor and six councilmen, who are hereby constituted a body corporate under the name and style of the Mayor and Council of Washington, Georgia, and by that name shall have perpetual succession, shall have a common seal and be capable in law to purchase, hold, receive, enjoy, and retain to them and their successors in office for the use of said town any property, real or personal, within or without said town of Washington; to sell

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and convey, lease, rent, or improve the same, and shall by said name be capable of suing or of being sued. Whenever suit is brought against said mayor and council, service upon the mayor of any writ or other legal process shall be sufficient. Municipal government. Corporate name and general powers. SEC. III. Be it further enacted, That the corporate limits of said town shall remain the same as are now established by law. Corporate limits. SEC. IV. Be it further enacted, That on the second Monday in January, after the passage of this Act, there shall be an election held at the courthouse in said town and on the same day biennally thereafter for a mayor and six councilmen, who shall hold their respective offices for two years, or until their successors are elected and qualified. Should there for any cause fail to be an election at the time specified, or should any vacancy occur from death, removal from the town, or other cause, the mayor and council, or the council, if the vacancy aforesaid be as to the mayor's office, shall order an election to be held and shall post a notice of the time of said election on the courthouse door in Washington, Georgia, for at least ten days previous thereto. At all such [Illegible Text] the polls shall be opened not earlier than nine o'clock A. M. and shall close at three o'clock P. M. All elections under this Act shall be held by a judge or justice of the peace, or ordinary of Wilkes county, assisted by two freeholders of said town, or they may be held by three freeholders of the town. Such elections shall be conducted under the rules and regulations governing elections for members of the General Assembly, except that only two lists of voters and two tally sheets shall be kept after the polls are closed. The managers shall count the votes, declare the result, and certify the same to the mayor and council, who shall record the same on their book of minutes. The managers shall deposit with the mayor all papers pertaining to said election, who shall preserve them unopened for ten days, and then destroy them unless notice of a contest has been filed. All contests shall be conducted as may be prescribed by law. The result of the first election held under this Act shall be certified to the present board of commissioners of Washington, Georgia. Municipal elections. Terms of office. Failure to hold election at time fixed. Vacancies in office. Polls. Election managers. Conduct of elections, etc. Contests. Result of first election, to whom certified. SEC. V. Persons qualified to vote at such elections shall be all persons who are qualified to vote for members of the General Assembly and who shall have bona fide resided within the territorial limits of Washington for six months next preceding said election and who have paid all taxes legally imposed by said town authorities, including street and business taxes for the year in which said election is held; provided , such person shall have complied with such registration law and ordinances as may be adopted by said mayor and council; and said mayor and council are hereby authorized to provide by ordinance for the registration of voters upon

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such terms as they may prescribe, not inconsistent with the laws of Georgia or of the United States. No person offering to vote at such election, whose vote is challenged, shall be allowed to vote, unless he shall take the following oath, to be administered by any one of the managers: I do [Illegible Text] swear, or affirm, that I am a citizen of Georgia and have attained the age of twenty-one years; that I have resided in the State of Georgia one year and in the town of Washington six months next preceding this election; that I have paid all taxes which, since the adoption of the present Constitution of Georgia, have been required of me, and which I have had an opportunity to pay agreeably to law, except for the year in which this election is held, and that I have not voted in this election, so help me God. Any person voting illegally at any of such elections shall be guilty of a misdemeanor and, on conviction thereof, shall be punished as is prescribed in section 4310 of the present Code of Georgia. Qualifications of voters. Registration of voters. Challenges. Oath of voter. Illegal voting. SEC. VI. Any freeholder of Washington, Georgia, who is qualified to vote for mayor and councilmen shall be eligible to hold either office. The mayor and councilmen shall receive no salary or emoluments, but shall be exempt from street-tax during the continuance of their official terms. A member elected clerk or treasurer may be paid such compensation as the board may fix. Qualifications for office. Compensation of mayor and aldermen. Of clerk or treasurer. SEC. VII. Within ten days after their election the mayor and councilmen who have been elected shall meet and enter upon the discharge of their respective duties, after having first taken and subscribed the following oath: I do solemnly swear that I will discharge, to the best of my ability, the duties of mayor [or councilman, as the case may be] of the town of Washington, Georgia, so help me God. This oath shall be put upon the minutes of the board and there signed, and may be taken before any officer authorized by law to administer oaths, or, in the absence of such officer, the oath may be taken before one another and so noted when taken. Oath of office. SEC. VIII. Said mayor and council, at their first meeting or as soon thereafter as is practicable, shall elect the following officers, a majority of the votes cast being in every case sufficient to elect: a marshal for said town, a clerk and treasurer, and a recorder. The clerk and treasurer may be elected from their own body, or any other citizen of the town may be elected, and the same person shall be eligible to hold both the offices of clerk and treasurer at the same time. The mayor and council shall also fix the compensation to be paid these officers and may take from them such bonds as they may deem proper, conditioned for the faithful discharge of their respective duties. The amount of said bonds shall be fixed by the mayor and council, and said bonds shall be approved by the mayor.

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Each of said officers, before entering upon the discharge of his duties, shall take and subscribe on the minutes of the board an oath faithfully to discharge the duties of the office to which he has been elected. Election of subordinate officers. Compensation and bonds of. Oath of office. SEC. IX. Be it further enacted, That the board shall meet for the transaction of business at such times and place as it may prescribe. At all such meetings the mayor, if present, shall preside, and he may vote in all cases of a tie; he may also vote in all elections for officers who are elected by the board. Four, including the mayor, shall constitute a quorum for the transaction of business. If at any meeting the mayor is absent, the board may elect one of their number mayor pro tem. Said board may elect at any time one of their body mayor pro tem. , who, in the absence from the town or disqualification of the mayor, may perform all his duties. Meetings of board. Vote of mayor. Quorum. Mayor pro tem. SEC. X. Be it further enacted, That said mayor and council shall have full power to pass all ordinances necessary to the good government of said town, the protection of the property, peace, good order, health, comfort, and convenience of the citizens thereof and to fix suitable penalties for the violation of the same. They may provide for punishing violations of their ordinances by fine, imprisonment in the county jail of Wilkes county, or working in the chain-gang on the streets of Washington; the fine in no case to exceed one hundred dollars; the imprisonment in no case to exceed ten days, and the sentence to work in the chain-gang not to exceed in any case thirty days, but they may provide for inflicting either or all of said penalties. The expense attending the imprisonment aforesaid shall never be a charge upon the county of Wilkes. All ordinances passed by the board shall be entered on the minutes by the clerk, and said board has power, whenever it sees proper, to have any of their said ordinances published in the Washington papers. General municipal powers. Punishment of offenders. Ordinances to be entered on minutes. And may be published. SEC. XI. Be it further enacted, That said mayor and council shall have the superintendence of the streets in Washington and of the public square, and may prohibit or remove all obstructions of or [Illegible Text] thereon. They are vested with power to widen or straighten any of the streets or sidewalks of the town and to assess whatever damages any property-holder may incur by reason of such widening or straightening, which damages shall be paid out of the town treasury. If any such property-holder is dissatisfied with the damages assessed, upon his or her complaint to the board, the question of such damages shall be referred to the [Illegible Text] and award of three arbitrators, one to be selected by the mayor and one by the property-holder, and the third by the other two. A majority of the arbitrators may make an award. Either party dissatisfied with such finding may enter an appeal to the superior

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court of said county of Wilkes by filing with the mayor and council a statement in writing of the case and the amount of the finding, and that such party desires to enter an appeal; whereupon, it shall be the duty of said mayor and council to transmit said statement to the next superior court of Wilkes county, where the question of damages shall be tried by a jury. Powers as to streets, etc. Condemnation of private property. Arbitrators. Award. Appeal. SEC. XII. Said mayor and council are hereby vested with power to remove or abate nuisances in any part of said town, whether on the streets or elsewhere, under such rules and in such manner as they may prescribe by ordinances. Nuisances. SEC. XIII. Be it further enacted, That said mayor and council may levy and collect for town purposes a tax not to exceed twenty-five cents on every hundred dollars value of all real estate, stock in trade, and all other property therein that may at the time being be taxable by the laws of this State. They may also levy and collect an additional tax not to exceed twenty-five cents on every hundred dollars value of all such property, for the maintenance of the public schools of said town, as is provided in the Act establishing a system of public schools, approved September 14, 1891. Said mayor and council have also power to levy and collect out of the property aforesaid such additional tax as may be necessary to provide according to law for the payment of the principal and interest of any bonded debt of said town, should any bonds be hereafter lawfully issued by the town. In all cases the order levying taxes shall be recorded in the minutes of the board and shall specify for which of the purposes aforesaid it is levied and how much for each purpose. Property tax. Requirements as to [Illegible Text] levying tax. SEC. XIV. Be it further enacted, That at their first meeting in every year, said mayor and council shall select from the freeholders of said town three [Illegible Text] and upright men to act as appraisers of property for purposes of taxation. The term of office of such appraisers shall expire with the year for which they are appointed. It shall be the duty of such appraisers to make, by July 1 of the year for which they are appointed, a just and true appraisement and valuation of all the real estate within the limits of the town of Washington subject to taxation, which valuation shall be adopted by the mayor and council in assessing taxes for that year. Any tax-payer who is dissatisfied with the valuation put upon his or her property by said appraisers shall have the right to appeal to the mayor and council of said town, which appeal may be entered by simply filing with the secretary written objections to the action of said appraisers. Each appeal shall be disposed of within thirty days after it is filed, and notice of the time and place of hearing shall be given appellants. The said appraisers, before entering upon their duties, shall file with the secretary an oath in writing,

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well, truly, and impartially to perform the duties of the office. The appraisers shall receive for their services such compensation as shall be fixed by the mayor and council, not to exceed the sum of $5.00 per day for every day when actually employed. Tax appraisers. Term and duties of. Appeal by tax paver. Oath of tax appraisers. Compensation of. SEC. XV. Be it further enacted, That said mayor and council shall also have power to fix and collect a special tax or license upon all kinds of business, callings, professions, or occupations carried on within the corporate limits of said town. They may impose a special tax on all shows, exhibitions, and performances for gain; upon all peddlers and itinerant traders. They shall have power to provide by ordinance the method of collecting all such special taxes or license fees and to fix penalties against any one carrying on any of said occupations, or exercising any of such privileges without first having paid such special tax or obtained such license. Business tax. Tax on shows, etc. Collection of special taxes, etc. SEC. XVI. Be it further enacted, That said mayor and council shall have power to require all persons living within said corporate limits, who are subject to road duty under the laws of the State, to work on the streets of said town not exceeding five days at any one time, and not exceeding fifteen days in any one year. Or they may provide a commutation tax in lieu of work on the streets, said tax not to exceed $3.00 per annum for each person so liable to road duty. Street work. Commutation tax. SEC. XVII. In all cases where any taxes, fines, commutation taxes, or license fees are not paid when due, the mayor shall issue an execution against the delinquents, which execution shall be signed by the mayor and shall be directed to the marshal of the town, the sheriff of Wilkes county, and his deputies, and it is hereby made the duty of said marshal, sheriff, and deputies to proceed to collect all such fi. fas. as in cases of fi. fas. issued for State and county taxes. Executions for taxes, fines, etc. SEC. XVIII. The mayor and council of the town of Washington are hereby vested with full and exclusive power to regulate and control the sale of spirituous liquors in said town, and to impose such conditions, restrictions, and penalties upon the sale of such liquors as they may deem proper, not repugnant to the Constitution and laws of this State; provided , they shall have no power to license the sale of any spirituous or intoxicating liquors in less quantities than a quart. All such licenses shall be issued for a year, and not for any shorter period; and provided , that nothing in this Act is intended to modify or change an Act approved October 3, 1889, which said Act regulates the sale of liquors in Wilkes county. Sale of liquors. Sale to be of not less than quart. Licenses to be for a year. Act of Oct. 3, 1889, not affected. SEC. XIX. Be it further enacted, That said mayor shall be the chief executive officer of said town. He shall see that the laws and ordinances, rules and orders of the mayor and council are faithfully

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executed. He shall have control of the police of the town, and may appoint special policemen whenever, in his judgment, it is necessary, and it shall be his duty to see that the peace and good order of the town is preserved, and that all persons and property therein are protected; and to this end he may cause the arrest or detention of all riotous or disorderly persons violating the rules, laws, or ordinances of the said town. Said mayor shall have the same power as a justice of the peace to witness and attest papers, to administer oaths, to issue criminal warrants, and to hold courts of inquiry. He may commit offenders tried before him as a court of inquiry, or may admit them to bail in cases where a justice of the peace has power to bail. Said mayor shall have the same power as the recorder to try and punish persons charged with violating any of the laws or ordinances of the town; but from his decision an appeal may be taken as in cases tried before the recorder. Duties etc. of mayor. Arrest, etc., of offenders. Mayor exofficio justice of the peace as to certain matters. Appeals from mayor's decision. SEC. XX. Be it further enacted, That the salary of the recorder shall be fixed by the mayor and council, in no case to exceed two hundred and fifty dollars ($250.00) per annum. He shall have jurisdiction to try in a summary manner all persons charged with violating any of the laws or ordinances of said town, and to impose such penalties as the said ordinances prescribe. For this purpose he may sit as a court at any time. All fines imposed by him shall, when collected, be paid into the treasury of the town. From the decisions of the recorder the person tried may appeal to the mayor and council, who shall have power to reverse his decision or modify the penalty, except that in no case shall they have power to increase the penalty fixed by the recorder. Said recorder is hereby given power to issue criminal warrants, to hold courts of inquiry, and to commit offenders or admit them to bail, in all cases where a justice of the peace may commit or hold to bail. Salary of recorder. Jurisdiction of. His court, fines, etc. Appeals from decisions of. Powers as justice of the peace in criminal matters. SEC. XXI. Be it further enacted, That it shall be lawful for the marshal or any special policeman, lawfully appointed, without warrant to arrest any and all [Illegible Text] violating the ordinances and laws of the town against drunkenness, rioting, fighting, quarreling, and other gross and immoral conduct in the streets of said town, and to confine said offenders in the common jail of Wilkes county until a hearing of the matter can be had before the proper officer. Said marshal or policeman shall have power and authority to call to his assistance, to arrest and detain such offenders, the sheriff of the county or his deputies, or any constable of said county, or any by standers, and such persons, when so summoned, shall be bound to aid and assist said officers; and should they fail to do so, they or either of them shall be liable to be indicted or prosecuted by the grand jury of Wilkes county, and, upon conviction, shall be subject

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to a fine of not less than one hundred dollars nor more than five hundred. Arrests without warrant. Confinement until hearing. Marshal or policeman empowered to call others to assist. Failure to assist. SEC. XXII. 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 8, 1894. WAYCROSS, CONDEMNATION OF LAND FOR STREETS, ETC. No. 71. An Act to amend the charter of the city of Waycross in Ware county, approved November 1, 1889, so as to grant to the mayor and council the right to condemn land, whether owned or used by railroad companies or other corporations or persons, for the purpose of laying out, widening, straightening, extending, or otherwise changing the streets and alleys in said city, 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 17 of the charter of Waycross, approved November 1, 1839, be amended by adding after the word city and before the word they, in the eighth line in said section, the following words, to wit: And for the purposes of opening, laying out, widening, straightening, extending, or otherwise changing streets and alleys in said city, they shall have the right to condemn any property, whether owned or used by railroad companies or other corporations or persons, first paying just and adequate compensation for the property so used. They shall have the right to pass ordinances specifying the manner in which said property shall be condemned, so that said section, when thus amended, will read as follows: Section 17. Be it further enacted by the authority aforesaid, That the said mayor and aldermen shall have power and authority to open, lay out, widen, straighten, or otherwise change the streets and alleys of said city and to improve and light the same, and shall have power to lay off, vacate, close up, alter, open, curve, pave, drain, and repair the roads, streets, bridges, sidewalks, alleys, cross-tracks, drains, and gutters for the use of the public or any citizen of said city and for the purpose of opening, laying out, widening straightening, extending, and otherwise changing streets and alleys of said city. They shall have the right to condemn any property, whether owned by railroad companies or other corporations or persons, first paying just and adequate compensation for the property so used. They shall have the right to pass ordinances specifying

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the manner in which said property shall be condemned. They shall also have the power to compel the owners or lesses of the property to pave or otherwise keep in good order and condition, as they may direct, the sidewalks in front of such property. Should any owner or lessee fail to comply with any ordinances passed for such purpose, the work may be done by the city and the expenses attending the same collected by execution issued against the said owner or lessee. They shall have power also to protect places of public worship, provide places for the burial of the dead, and to regulate interments therein; to regulate the keeping of gunpowder and other combustibles and explosives; to make regulations for guarding against fire; to establish fire limits, and from time to time to enlarge and restrict the same. They shall also have power to provide, lay out, improve, and maintain public parks or pleasure grounds, and have complete authority and jurisdiction over the same. Sec. 17 Act of Nov. 1, 1889, amended. Condemnation of land for street purposes, etc., authorized. Ordinances as to. 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 17, 1894.

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WHITESBURG, NEW CHARTER FOR. No. 75. An Act to repeal an Act of the Legislature of Georgia, approved March 2, 1871, incorporating the town of Whitesburg, in the county of Carroll, and all Acts amendatory thereof; to reincorporate said town under the name and style of The Mayor and Council of the town of Whitesburg; to provide for the time and manner of holding elections for mayor and councilmen; to define the corporate limits thereof; to empower the mayor and council to levy and collect a tax on all property in said town; to license and collect a special tax from all persons, firms, or corporations following or carrying on any business, trade, calling, or avocation in said town; to prescribe and enforce ordinances for the good order and well being of the inhabitants thereof, and to provide for the infliction of punishment for violation of such ordinances; to empower the mayor and council of said town to have the streets, alleys, and sidewalks kept in good condition; to require all persons in said town liable to road duty under the laws of the State to work upon the streets, alleys, and sidewalks thereof such time as they may prescribe, or pay in lieu thereof such commutation tax as may be provided by ordinance; to empower said mayor and council to select or appoint such marshals, policemen, clerks, and other ministerial officers as may be necessary to preserve good order in said town and enforce the powers herein conferred; to prescribe their duties and fix their fees and the amount of their bonds, and for other purposes. SECTION I. Be it enacted by the General Assembly of Georgia, That an Act of the General Assembly of Georgia, approved March 2, 1874, incorporating the town of Whitesburg, in the county of Carroll, and all Acts amendatory thereof be, and the same are, hereby repealed, to take effect on the first Saturday in January, 1895. Act of March 2. 1871, repealed. SEC. II. Be it further enacted, That said town of Whitesburg be, and the same is, hereby reincorporated, under the name and style of The mayor and council of the town of Whitesburg, and that the corporate powers herein granted shall be vested in a mayor and four councilmen to be elected as hereinafter provided. Corporate name and government. SEC. III. Be it further enacted, That on the first Saturday in January, 1895, and annually thereafter on the first Saturday in each year, an election shall be held in said town at such place as other elections are usually held therein for a mayor and four councilmen. No person shall vote in such election or be eligible to the office of mayor or councilmen who is not qualified to vote for members of

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the General Assembly, and who has not paid all fines and taxes due said town, and who has not been a bona fide resident thereof for six months prior to such election. Such elections, and elections to fill vacancies, shall be held by three freeholders of said town who are not candidates, in the same manner as elections are held for members of the General Assembly, and the candidates receiving a majority of the votes cast shall be declared elected to the offices for which they were severally candidates, and the managers of such election shall issue certificates of election accordingly; and before entering upon their duties such mayor and councilmen shall take and subscribe the following oath, to wit: I do solemnly swear that I will execute the laws and ordinances of the town of Whitesburg, to the best of my ability and understanding, so help me God. The term of office of mayor and councilmen shall be one year and until their successors are elected and qualified. If a vacancy occur in either of said offices by death, resignation, removal beyond the limits of said town, or otherwise, the remaining officers shall, within ten days thereafter, order an election to fill such vacancy. Municipal elections. Qualifications of voters and for office. Conduct of elections. Certificates of election. Oath of office. Terms of office. Vacancies. SEC. IV. Be it further enacted, That the corporate limits of said town shall be one-half mile in every direction from the depot on the Savannah, Griffin and North Alabama Railroad in said town. Corporate limits. SEC. V. Be it further enacted, That said mayor and council shall be capable in law and equity to sue and be sued, to contract and be contracted with, to have, hold, receive, enjoy, and retain to themselves and their successors in office, for the use and benefit of said town, both real and personal property, choses in action, or anything else of value whatever, and shall succeed to all the rights and liabilities of the present corporate authorities of said town; and the mayor shall hear and determine all cases pending, or that may be made after he goes into office, for violation of the ordinances of said town now in force, and inflict such punishment as is now prescribed for violations of the ordinances of said town. General corporate powers. Trial and punishment of offenders. SEC. VI. Be it further enacted, That said mayor and council shall have power and authority to levy and collect annually a tax not exceeding one-half of one per centum on all the property, both real and personal, in said town, and the same may be enforced and collected by executions issued by the clerk in the name of said mayor and council, under such rules and regulations as they may prescribe. All levies shall be made by the marshal of said town, and all sales of realty shall be advertised and made in the same manner as sheriffs' sales and shall be before the courthouse door of Carroll county; but sales of personal property shall be advertised and made as constable's sales before the council chamber door in said town on such day as the mayor or council shall by ordinance

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prescribe. Said mayor and council shall have power and authority to prescribe by ordinance the time when, the manner in which, and the officer to whom all taxable property in said town shall be returned by the owners thereof, how fraudulent returns shall be corrected, and when such taxes shall be due and payable. And if any owner of taxable property fails or refuses to make returns thereof in the time prescribed, then such property shall be assessed as said mayor and council may prescribe by ordinance and the tax levied and collected on such assessed value. Property tax. Levies and sales under executions. Tax returns. Assessment for taxation. SEC. VII. Be it further enacted, That said mayor and council shall have power and authority to grant license upon such terms as they shall by ordinance prescribe, to all persons, firms, or corporations following or carrying on any business, trade, or avocation in said town, and levy and collect such special tax therefor as they may prescribe; and in the case of a failure or refusal to pay the same as required by ordinance, by any one liable therefor, the clerk shall issue executions against those liable, which executions may be enforced by levy and sale as other executions herein provided for, and in addition thereto the person or persons so failing or refusing to pay such special tax may be punished by fine or imprisonment, or both, as elsewhere herein provided for violation of the ordinances of said town. Business tax. Executions for, etc. SEC. VIII. Be it further enacted, That said mayor and council shall have power and authority to enact all ordinances necessary to carry into effect the powers herein granted, or that may be necessary to suppress vice or immorality in said town, or that may be necessary to foster virtue, intelligence, and good morals in said town, or that the health, peace, well-being, and prosperity of said town may demand; provided , such ordinances be not in conflict with the laws and Constitution of this State or of the United States; that said mayor and council shall have authority to enforce the observance of its ordinances by fine, imprisonment, or work on the streets, alleys, and sidewalks of said town, one or more of said penalties, or in default of the payment of the fines imposed in the time allowed, to work on the streets, alleys, and sidewalks of said town under the direction and in charge of the marshal thereof, and when not engaged in such work to be confined in the guard-house. General municipal powers. Punishment of offenders. SEC. IX. Be it further enacted, That said mayor and council shall have exclusive jurisdiction over the streets, alleys, and sidewalks of said town; to keep the streets, alleys, and sidewalks in good order, remove obstructions therefrom at the cost of the person causing the same; to change, widen, or extend the streets, alleys, and sidewalks, establish new ones, and prescribe by ordinance for so doing; and all damages sustained by the owners of property by the opening, changing, widening, or extension of streets, alleys, and

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sidewalks shall be ascertained and assessed by three disinterested appraisers, residents of said town, one of whom shall be selected by the owner or owners of the property affected, one by the mayor of said town, and the other by these two appraisers, who, upon notice to all persons interested, shall hear evidence and make their award, a majority controlling, which award shall be in writing and in duplicate, one for each party interested; and if either party is dissatisfied with such award, he can enter an appeal to the superior court of said county as other appeals are now entered, and the question of damages shall there be submitted to a jury as in other cases; but if no appeal be entered, such award shall be a judgment from which the clerk of the superior court of said county shall issue executions. Such appraisers, in making their award, shall be governed in determining the amount of damages by the general laws of force in this State relative to damages claimed for opening public roads. Powers as to streets, etc. Condemnation of property. Appraisers. Award. Appeals, etc. SEC. X. Be it further enacted, That said mayor and council shall have power and authority to compel all persons in said town liable to road duty under the laws of this State to work fifteen days upon the streets, alleys, and sidewalks of said town, or in lieu thereof to pay such commutation tax as may be prescribed by ordinance, and such persons shall not be liable to road duty outside said corporate limits; and in case any one refuses to perform such work upon the streets, alleys, and sidewalks of said town, or pay in lieu thereof the commutation tax prescribed by said mayor and council, and at the time and in the manner required by ordinance, he shall be liable to punishment as provided elsewhere herein. Street working. Commutation tax. Failure to work streets or pay tax. SEC. XI. Be it further enacted, That the regular meetings of said mayor and council shall be fixed by ordinance, and that called meetings may be held at any time upon notice to all the officers of said town; that the mayor shall preside at the meetings, and in his absence one of the councilmen shall preside; that the mayor and two councilmen, or three councilmen in the absence of the mayor, shall constitute a quorum for the transaction of business. Meetings of council, etc. Quorum. SEC. XII. Be it further enacted, That the mayor of said town shall be the chief executive officer thereof; that he, or in his absence or disqualification from any cause, any councilman may hold a police court for the trial and punishment of any one for any and all violations of the ordinance of said town. The punishment inflicted by said court shall [Illegible Text] exceed twenty-five dollars' fine, imprisonment in the guard-house not exceeding twenty days, or to work on the streets, alleys, and sidewalks not exceeding twenty days, and in addition thereto all costs of proceedings; and in case of failure to pay the fine and costs in the time specified in the judgment of the mayor (or presiding councilman as the case may be) shall

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specify the number of days such person so failing shall work upon the streets, alleys, and sidewalks of said town in lieu thereof, being confined in the guard-house when not so at work. Said court shall have power to punish by fine or imprisonment all persons guilty of contempt of said court, not exceeding ten dollars fine or five days imprisonment in the guard-house. Duties of mayor. Police court. Punishments. Contempts. SEC. XIII. Be it further enacted, That the mayor of said town shall be ex officio a justice of the peace, and shall have jurisdiction as a committing court of all offences committed within the corporate limits of said town against the penal laws of this State, with full power to hold a court of inquiry and commit offenders to the common jail of said county, or grant them bail, if the offence is bailable, for their appearance before the proper court. And if it should appear upon the trial of any person for violation of the ordinances of said town, that such person has committed an offience against the penal laws of the State, it shall be the duty of said mayor, or any councilman presiding at such trial, to commit such person to the common jail of said county, or grant him bail as above specified, whether such person be found guilty of violating the ordinances of said town or not; but such committing to jail or granting bail shall in no case in anywise interfere with the power of said mayor to inflict punishment upon offenders for violations of the ordinances of said town. Mayor ex officio justice of the peace as to certain matters, etc. Commitments to jail. Appearance bonds, etc. SEC. XIV. Be it further enacted, That said mayor, and in his absence any member of the council of said town, shall have power and authority to appoint special police, when he deems it necessary, to aid the marshal in the discharge of his duties, who shall be worn to a strict performance of their duties as such policemen, and shall be subject to the orders of the marshal; and any person so summoned and sworn who shall fail or refuse to obey the summons of said marshal shall be punished as prescribed by ordinance. Special police. Oath and duties of, etc. SEC. XV. Be it further enacted, That said mayor and council shall have power and authority to elect one of said councilmen clerk, and one treasurer, and from the male citizens of said town they shall elect a marshal and such other ministerial officers as they may deem necessary to enforce obedience to the ordinances of said town. Such clerk, treasurer, and marshal, before entering upon their duties, shall give bond and security to the mayor and council, in such sum as they may determine, for the faithful discharge of their duties, and shall be sworn to faithfully discharge their duties as such officers. Said mayor and council shall by ordinance prescribe the duties of such officers, fix their fees and other compensation, and remove them from office for neglect of duty or other misbehavior, and unless such officers are sooner removed, resign,

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or move out of the limits of said town, shall remain in office for one year and until their successors are elected and qualified. Clerk, treasurer, marshal, etc. Bonds of. Oath of. Duties and compensation of. Terms of office. SEC. XVI. Be it further enacted, That said mayor and council shall, by ordinance, prescribe the form of the oath to be administered and the warrant to issue for the arrest of persons for violation of the ordinances of said town, which oath may be administered and warrant issued by the mayor or any member of said council; but in case of violation of the ordinances of said town, it shall not be necessary for the marshal to delay making arrest until such warrant can be obtained, but he shall arrest such offender at once and procure a warrant as soon thereafter as practicable; and the mayor or any councilman acting as mayor, before whom such person may be brought for trial, shall, if trial is postponed, assess the bond which such offender is required to give, with approved security, payable to said mayor and council and conditioned for his appearance at the time and place of trial. Oath for warrants to arrest, etc. Marshal may arrest without warrant. Appearance bond. SEC. XVII. Be it further enacted, That the mayor and council of said town may, by ordinance, prescribe what salary shall be paid the mayor and councilmen, not exceeding fifty ($50) dollars per annum for the mayor, and not exceeding twenty-five ($25) dollars each per annum for councilmen; and that after the first mayor and council elected under this charter, each preceding mayor and council shall fix the salaries of the next succeeding mayor and council. Salaries of mayor and councilmen. SEC. XVIII. Be it further enacted, That in making arrests for violations of the ordinances of said town or the penal laws of the State, the marshal shall have power to summon any number of the male residents of military age of said town to aid him in the discharge of his duties, and any person so summoned, who shall fail or refuse to assist said marshal as required, shall be punished as the ordinances of said town shall prescribe. Marshal may summon assistance to make arrests. Failure to assist. SEC. XIX. Be it further enacted, That all laws in conflict with this Act be, and the same are, hereby repealed; this Act to go into effect on the first Saturday in January, 1895. When this Act to take effect. Approved December 15, 1894.

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TITLE II . COUNTY OFFICERS. ACTS. Carroll County, Commissioners of Roads and Revenues, Discontinued. Chatham County, an Officer of, Ineligible to Other Office. Colquitt County, Commissioners of Roads and Revenues, Compensation. Coweta County, Commissioners of Roads and Revenues, Compensation. Harris County, Commissioners of Roads and Revenues, Compensation. Jones County, Commissioner of Roads and Revenues, Created. Talbot County, Commissioners of Roads and Revenues, Election of. Twiggs County, Treasurer of, Election. CARROLL COUNTY, COMMISSIONERS OF ROADS AND REVENUES. No. 10. An Act to repeal an Act to create a Board of Commissionors of Roads and Revenues for the county of Carroll, to define their powers and duties, and for other purposes pertaining thereto. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act, the above recited Act, approved September 12, 1885, creating a board of commissioners of roads and revenues for the county of Carroll, be, and the same is, hereby repealed. Carroll county, act creating commissioners for, repealed. SEC. II. Be it further enacted by the authority aforesaid, That the ordinary of Carroll county is hereby vested with the powers heretofore devolving on said commissioners, with full authority to finish up all unfinished business now pending before the said board, and that all the records and papers of said board of county commissioners be turned over to said court of ordinary, to be filed and kept in said office. Ordinary charged with duties of commissioners. SEC. III. Be it further enacted by the authority of the same, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 5, 1894.

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CHATHAM COUNTY, AN OFFICER OF, INELIGIBLE TO OTHER OFFICE. No. 58. An Act to prohibit, in Chatham county, the holding of more than one office by one person at any one time, 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, no person in Chatham county shall be eligible to qualify as a county officer who holds at the time he presents himself for qualification as such county office, any other office, appointive or elective, having any salary or other emoluments attached thereto. Office holders ineligible to any office of Chatham county. SEC. II. Be it further enacted, From and after the passage of this Act, no county officer, and no person holding any office in Chatham county to which emolument attaches, shall be commissioned, elected, or appointed to any other office in Chatham county, during the term for which said county officer is elected, whether such other office shall be [Illegible Text] or appointive; provided , that nothing in this Act shall be so construed as to prevent the sheriff of Chatham county from acting as jailer thereof. An officer of Chatham county ineligible to other office. Sheriff may be jailer. SEC. III. Be it further enacted that all laws or parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 15, 1894. COLQUITT COUNTY, COMMISSIONERS OF ROADS AND REVENUES. No. 23. An Act to provide compensation for the members of the Board of County Commissioners of Roads and Revenues for Colquitt county, and for the clerk of said board. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act, the county commissioners of the county of Colquitt shall receive from the county treasurer the sum of two dollars per day for each day of actual service rendered; provided , the amount does not exceed twenty-four dollars per annum. Colquitt county, commissioners salary. SEC. II. Be it further enacted, That the clerk of said board of commissioners of roads and revenues shall receive the following compensation, not more than one hundred dollars per annum, as

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said board of commissioners may order and allow, to be paid on the order of said board, which shall be in full for services rendered except per diem services. Clerk's salary. SEC. III. Be if it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 11, 1894. COWETA COUNTY, COMMISSIONERS OF ROADS AND REVENUES. No. 110. An Act to amend an Act entitled an Act to create a Board of Commissioners of Roads and Revenues in the county of Coweta, approved August 26, 1872, and amendatory Acts, so as to fix a salary for the Commissioners of Roads and Revenues of said county of Coweta, to regulate the time of meeting of said board, so as to require monthly instead of quarterly meetings, and to give said commissioners the power to fix the compensation of the clerk, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That section (7) seven of an Act to create a board of commissioners of roads and revenues in the county of Coweta, approved August 26, 1872, be amended by striking out the word four, in the first line of said section, and inserting in lien thereof the word twelve, and by inserting between the word board and may, in the third line, the words or the chairman thereof, so that said section, when amended, shall read as follows: Be it further enacted, That they shall hold twelve regular sessions annually; provided , nevertheless, a majority of said board, or the chairman thereof, may convene the same in extraordinary session whenever, in their judgment, it may be necessary. Coweta county, commissioners required to hold monthly meetings. SEC. II. Be it further enacted, That section eight(8) of said Act, as amended by an Act approved March 2, 1874, be amended by striking therefrom the words not to exceed one hundred dollars per annum, so that said section, when amended, shall read as follows: That said board may elect a clerk whose duties shall be defined by said board, with such compensation, to be paid out of the county treasury, as they may deem proper to give him. Salary of clerk. SEC. III. Be it further enacted, That said Act be further amended by adding thereto the following as a new section: Each of said commissioners shall be paid, out of the county

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treasury of said county, the sum of fifty dollars per annum, and in addition thereto such sum as may be recommended by the grand jury of said county of Coweta, such recommendations to be made annually at the spring term of the superior court. Salary of commissioners. SEC. IV. Be it it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 17, 1894. HARRIS COUNTY, COMMISSIONERS OF ROADS AND REVENUES. No. 66. An Act to amend section 10 of an Act approved March 17, 1869, entitled an Act to create a Board of Commissioners of Roads and Revenues in the county of Harris, so as to provide compensation for said commissioners. SECTION I. Be it enacted by the General Assembly of Georgia, That from and after the passage of this Act that section 10 of the above recited Act be, and the same is, hereby amended by adding at the end of said section the following words: Said commissioners shall receive as compensation for their services the sum of two dollars each per day; provided , that such compensation shall in no event exceed the sum of fifty dollars each per annum, so that said section, when so amended, shall read as follows: Section 10. Be it further [Illegible Text], That said board may [Illegible Text] a clerk whose duties shall be defined by said board, with such compensation, to be paid out of the county treasury, as they may see proper to give him, said compensation, however, not to exceed three hundred dollars per annum. Said commissioners shall receive as compensation for their services the sum of two dollars each per day; provided , that such compensation shall in no event exceed the sum of fifty dollars each per annum. Harris county, commissioners of salary for. SEC. II. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 15, 1894.

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JONES COUNTY, COMMISSIONERS OF ROADS AND REVENUES. No. 35. An Act to provide a Board of County Commissioners of Roads and Revenues for Jones county, defining the powers and duties of said board. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That a board of county commissioners of roads and revenues is hereby provided for Jones county, said board to consist of five members, to be recommended by the grand jury and appointed by the judge of the superior court, to hold office as hereinafter provided. Jones county, commissioners of, how appointed. SEC. II. Be it further enacted, That said board shall be elected by the grand jury of the county at the first meeting after the passage of this Act, and the names submitted to the judge of the superior court presiding in said court. One of said commissioners shall be appointed for the term of one year, one for two years, one for three years, one for four years, and one for five years. Subsequent appointments after the expiration of the term for which the first appointments are made shall be for the term of five years. All vacancies in the board, occurring from any cause, shall be filled as appointments are made in the first instance. Each member of the board shall be twenty-one years of age, shall have resided in the county at least two years prior to said appointment, and shall have paid all taxes required of him since the adoption of the Constitution of 1877. Terms of commissioners. Vacancies, how filled. Qualifications of commissioners. SEC. III. Be it further enacted, That said board, before entering upon the duties of their office, shall take the usual oath required of county officers, which shall be filed in the office of the ordinary of said county, and shall be liable as other county officers for malfeasance or malpractice in office. They shall be commissioned by the Governor, on a certificate of the clerk of the superior court, under the seal of the court, setting forth the action of the grand jury and the appointment by the judge presiding, as hereinbefore set forth. Oath of office. How commissioned. SEC. IV. Be it further enacted, That said board, when sitting for county purposes, shall have exclusive jurisdiction over the following subject-matters: First, in governing and controlling all county property as they may deem best according to law, letting, hiring, or farming out or using the county convicts of said county according to law; second, in levying taxes for county purposes in accordance with law; third, in examining, auditing, allowing, and settling all claims against the county; fourth, in examining and auditing the accounts of all officers or persons having the care, management,

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keeping, collecting, or disbursement of money belonging to the county or appropriated for its use, and bringing them to a settlement; fifth, in making such rules and regulations for the support of paupers and the promotion of health in the county as are not inconsistent with the laws of this State; sixth, in establishing, altering, abolishing, and opening roads, bridges, and ferries in accordance with law; seventh, in the appointment of road overseers and in the general management of the roads and bridges and revenues pertaining thereto. And to exercise all the power over county affairs in said county as is now exercised by the county judge. Jurisdiction of commissioners. 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 expenses and shall submit the same in writing to the inspection of the grand jury at each regular term of the superior court. Said board of commissioners may hold special sessions, besides regular monthly sessions, whenever the interest of the county demands it. Monthly meetings. SEC. VI. Be it further enacted, That the treasurer of the aforesaid county shall not disburse nor pay out any of the funds in the county treasury unless authorized by said board of commissioners, and the treasurer shall respect all orders signed by chairman of said board. County treasurer subject to commissioners. SEC. VII. Be it further enacted, That the members of said board shall receive two dollars per day for the time they are actually engaged in discharging their duties as county commissioners, and, further, if the necessity exist, they may employ a clerk, at a salary to be fixed by the board. Salary of commissioners. Clerk. SEC. VIII. Be it further enacted, That three members of said board shall constitute a quorum, and no order shall be passed except on the concurrence of at least three members of said board. Quorum. 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 12, 1894. TALBOT COUNTY, COMMISSIONERS OF ROADS AND REVENUES. No. 15. An Act to amend an Act approved February 17, 1877, entitled an Act to amend an Act to establish a Board of Commissioners for the county of Talbot, approved February 16, 1876, so as to change the time of the election. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby, enacted by the authority of the same,

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That the first and second sections of the above recited Act be, and the same are, hereby amended by striking out the word Monday wherever it occurs in said first and second sections, and inserting the word Wednesday in [Illegible Text] thereof, so that said first and second sections, when amended, shall read as follows: Section 1. The board of commissioners provided for in said Act shall be elected on the first Wednesday in January next by the qualified voters of said county, in the same manner as now prescribed for electing the clerks of the superior court; and the managers of said election shall, on the day after said election, meet in the courthouse, in the presence of the ordinary of said county, and count said votes, and the candidate having the highest number of votes shall hold the office for three years, and the candidate having the next highest vote shall hold the office for two years, and the one having the next highest vote shall hold the office one year; and the ordinary of said county shall certify to the commissioners of their election, as well as for the length of time for which they are elected. Talbot county, commissioners of, when and how elected. SEC. II. On the first Wednesday in each year thereafter there shall be an election for one commissioner, whose term of office shall be for three years. Term of office. SEC. III. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 8, 1894. TWIGGS COUNTY, TREASURER FOR. No. 27. An Act to create the office of county treasurer for Twiggs county; to provide the compensation of such officer; to define his powers, duties, and for other purposes. SECTION I. Be it enacted by the General Assembly of Georgia, That the office of county treasurer for Twiggs county, is hereby created, and said office of county treasurer shall be filled in the manner and at the time now prescribed by general laws for the election of county officers, and his duties, powers, and responsibilities shall be the same as that prescribed by general laws in reference to county treasurers; the purpose and intent of this Act being that the office of county treasurer of Twiggs county shall no longer be held and filled by the ordinary of said county. Twiggs county, treasurer for, shall not be the ordinary. 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, 1894.

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TITLE III . CITY AND COUNTY COURTS. ACTS. City Court of Atlanta, Jurisdiction. City Court of Clarke County, Terms of, etc. City Court of Clarke County, Name, Jurisdiction, etc. City Court of Macon, Jury [Illegible Text] in, etc. City Court of Richmond County, Fees of Solicitor. County Court of [Illegible Text] County, Salary of Judge. County Court of Decatur County Abolished. County Court of Elbert County Abolished. County Court of [Illegible Text] County Abolished. County Court of Mitchell County Abolished. CITY COURT OF ATLANTA, JURISDICTION. No. 20. An Act to exclude from the jurisdiction of the city court of Atlanta certain cases, where the amount involved does not exceed one hundred dollars, and for other purposes. SECTION I. Be it enacted by the General Assembly of Georgia, That the city court of [Illegible Text] shall not have jurisdiction of any suit or cause of action where the principal sum claimed, exclusive of interest, does not exceed one hundred dollars, in cases where the jurisdiction is now vested in the justice courts. City court of Atlanta jurisdiction. SEC. II. It shall be competent for the defendant, in any suit brought in the said city court to plead specially to the jurisdiction of said court, that the principal amount really due when the suit was brought, after deducting all credits to which the defendant was then entitled, was less than one hundred dollars, and said issue shall be first submitted by the court, and if the jury shall find in favor of of said plea, the court shall dismiss said suit at plaintiff's cost. Plea to jurisdiction. SEC. III. That in all other respects, the jurisdiction of said city court shall remain unchanged, and it shall have jurisdiction to hear and determine all other cases of whatever nature, which are not, under the Constitution of this State, exclusively cognizable in the superior court. SEC. IV. All laws in conflict with this Act are hereby repealed. Approved December 11, 1894.

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CITY COURT OF CLARKE COUNTY, TERMS OF, ETC. No. 117. An Act to amend an Act entitled an Act to establish a city court in the county of Clarke, and to provide for the appointment of a judge and solicitor thereof, approved September 9, 1879, and to amend the various acts amendatory thereof, so as to provide for special jury sessions of said court to try criminal cases; to change the terms and times of holding the terms of said court for the trial of civil cases; to provide for trial of civil cases without a jury at special sessions of said court; to provide for increasing the salary of the judge of said court; to provide for and regulate the costs and payment of the same to the solicitor and other officers of said court; to provide that the first term after filing petition in said court shall be the trial term of all civil cases, and for other purposes amendatory of said Act. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act, the salary of the judge of the said court shall be fifteen hundred dollars per annum, payable as now provided by law, as a minimum salary of said judge; provided , said salary may, from time to time, be increased upon the recommendation of the grand jury of Clarke county at any term of the superior court of said county, and when so increased, to be thereafter decreased only by an Act of the General Assembly. City court of Clarke county, salary of judge. SEC. II. Be it further enacted, etc., That in all criminal cases within the jurisdiction of said city court, the defendant shall not have the right to demand an indictment by the grand jury of the county of Clarke, and said court shall have the power and jurisdiction to try all criminal cases within its jurisdiction without an indictment by the grand jury. Indictments not required. SEC. III. Be it enacted, etc., That the judge of said city court may hold adjourned terms of the regular quarterly terms, when in his discretion needful; and in his discretion between the regular quarterly terms of said court, he may hold, at any time, special sessions for the trial of criminal cases with or without a jury, as speedily as possible, consistent with the interest of the State and accused, and for the disposition of such civil causes and business which may be ready for trial by consent of parties or in the discretion of said judge, where the dispatch of business or the ends of justice require it. Trial, civil or criminal, at such special term may be had by the judge without a jury, or if a jury be demanded, the judge shall have the power, either at such term or prior thereto, to open the jury box of said court and draw a jury for such term

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or terms. For special sessions the judge may draw twenty-four jurors, or more, from the box as other jurors are drawn for said court, and empanel eighteen of them to serve for such term. From the panel of eighteen, a jury of twelve shall be made up to try the cases, the State and the accused each having three strikes. Said jurors shall be summoned as tales jurors are summoned and shall be sworn as other jurors at regular quarterly terms. The judge may summon other jurors if needful to make up the panel of eighteen. At such special sessions the judge may try and dispose of any civil cases or business without a jury and render judgment as in term, unless a jury be demanded by either party. Adjourned terms and special sessions. Juries for special sessions. SEC. IV. Be it enacted, etc., That the solicitor of said court, as compensation, shall, in all criminal cases and civil proceedings, receive the same fees, for similar work done and service rendered, as are now allowed, or hereafter may be allowed by law, the solicitor-generals of superior courts. All fees now allowed said solicitor for services peculiar to said court and not analogous to any work required of the solicitor-generals shall remain unchanged. The same rule shall hereafter apply to the fees of the sheriff and [Illegible Text] of said city court. The four dollar fee allowed said solicitor for attending preliminary hearings of criminal cases before justices of the peace or other judicial officer shall be paid out of the treasury of Clarke county, when approved and ordered paid by the ordinary of Clarke county, to whose discretion shall be left the determination in each case of such appearance, as to the necessity for the same. Solicitor, fees of. Sheriff and clerk fees. SEC. V. Be it enacted, etc., That all civil cases shall be returnable to and liable at the regular quarterly term of said city court, after twenty days having clapsed from the filing and docketing on the proper docket of the court, and the same shall be served on the defendant at least fifteen days before the term at which the case is returnable and liable. The appearance term of said court is hereby abolished, and the defendants shall file their defence on or before the first day of said term of said court, and said cases shall then be tried unless continued, postponed, or passed by the court for such causes and under such [Illegible Text] as cases are now continued, postponed, or passed, or unless not reached by the court. The judge, in his discretion, on sufficient cause shown, may postpone any case to a later day in the term or to a special or an adjourned term. That all cases now in said court shall be liable at the next regular quarterly term of said court, unless sooner disposed of under provisions of this Act. The clerk shall enter on each petition the day and date of filing and docketing same. Trial at first term. SEC. VI. Be it enacted, etc., That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 18, 1894.

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CITY COURT OF CLARKE COUNTY, NAME, JURISDICTION, ETC. No. 115. An Act to amend an Act to establish a city court in the county of Clarke and to provide for the appointment of a judge and solicitor thereof, approved September 9, 1879, and to amend the various Acts amendatory thereof so as to change the name of said court to the city court of Athens; to confer upon said court concurrent jurisdiction of all causes and questions, civil and criminal, and on said judge concurrent powers with the judges of the superior courts, except where the Constitution gives the superior courts exclusive jurisdiction and the judges of the superior courts exclusive powers; to provide for a stenographer for said court, and provide for and regulate his pay in all cases, civil and criminal; to provide for jury trials at the special sessions of said court to be called at the discretion of said judge in all cases, both civil and criminal, and for other purposes amendatory thereof. SECTION I. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same, That from and after the passage of this Act the name of said court shall be the city court of Athens, and the judge of said court, to the extent of his territorial jurisdiction, shall have and exercise all powers now had and exercised, or hereafter to be had and exercised by law, by the judges of the superior courts of this State in all causes and matters, civil and criminal, except where the Constitution gives the judges of the superior courts exclusive jurisdiction and powers. The jurisdiction of said city court shall extend to all causes, matters, and judicial questions and proceedings, civil and criminal, concurrent with the superior courts of this State, over the whole county of Clarke, except where the Constitution confers exclusive jurisdiction on the superior courts; provided , said court shall not have jurisdiction of the civil causes cognizable by law by the justices of the peace courts. City court of Athens, jurisdiction, etc. SEC. II. Be it enacted, etc., That the judge of said city court shall, in his discretion, hold special sessions of said court at any time between the regular quarterly terms of said court for the trial and disposition of any cases and business, civil or criminal, with or without a jury, as speedily as possible consistent with the interest of the State and the accused, in criminal cases or business, and the interest of all parties in civil cases. Trials of cases, civil or criminal, at such terms may be had by the judge without a jury, unless a jury be demanded by either party in civil cases or the defendant in criminal cases. The judge shall have power, either at such

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terms or prior thereto, to draw from the jury box of said court twenty-four jurors, or more, to be summoned as tales jurors are now summoned by law, from which jurors so drawn and summoned the judge shall empanel eighteen jurors. The panel of eighteen shall then be sworn in the same manner as jurors are sworn at the quarterly terms of said court. In all jury trials at such special sessions each party in civil causes, plaintiff and defendant, shall have three strikes, and in criminal cases the State and the defendant shall have three strikes each, and all cases at special sessions shall be tried by a jury of twelve. Such sessions of the court shall be called special sessions, and at such sessions criminal bonds may be forfeited, remitters from supreme court entered and made the judgment of said court, judgments in certiorari cases from the superior court be entered and made the judgment of said city court, judgments in all civil causes thus tried rendered, and any and all verdicts, judgments, and orders needful be taken and granted; motions for new trials be entered, considered, heard, and disposed of, and all judicial proceedings needful be had and done as may be had and done in the regular quarterly terms of said court. Special sessions. Juries at special sessions. SEC. III. Be it enacted, etc., That the judge of said city court shall have power to appoint a reporter or stenographic reporter, to be appointed and removed at his pleasure, whose compensation in all civil cases shall be the same as provided by law for a reporter or stenographic reporter in the superior courts. All laws of this State, present and future, regulating the appointment and removal, compensation and duties of such reporter in the superior courts, in cases both civil and criminal, shall apply to the said reporter of the said city court. In criminal cases, the said reporter may be allowed such compensation as the defendant may agree to pay; or where there is no agreement, but in the discretion of the judge of said court the case is one the testimony should be reported, the fees of the reporter shall be paid out of the treasury of Clarke county on the order of the judge of said court by the proper officer of the county; such fees in criminal cases not to exceed ten cents per hundred words or five dollars per day, in the discretion of said judge. In cases of conviction, the costs of reporting, as hereby provided, shall be entered up against the defendant, on which judgment the clerk of said city court shall issue execution, and the money arising therefrom shall be deposited in the treasury of the county of Clarke, to be held and disbursed as other county funds are held and disbursed. In no event shall the reporter's fees in civil cases or business be paid out of the county. Reporter appointment and compensation. SEC. IV. Be it enacted, etc., That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 18, 1894.

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CITY COURT OF MACON, JURY TRIALS. No. 91. 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 14th, 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 fourteen of the 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 14th, 1885, be amended by striking from said section fourteen (14) of said Act the following proviso, to wit: provided [Illegible Text] , that either party in any cause shall be entitled to a trial by jury in said court upon entering a demand therefor by himself or his attorney in writing, on or before the close of the term to which the cause is returnable, in all cases where such party is entitled to a trial by jury under the Constitution and laws of this State; provided always , that either party in any cause shall [Illegible Text] entitled to a trial by jury in said court upon entering a demand herefor, by himself or his attorney, in writing, before the close of [Illegible Text] term to which the cause is returnable in all cases where such party is entitled to a trial by jury under the Constitution and laws of this State, so that said section fourteen (14), as amended, shall read as follows: Section 14. Be it further enacted, That the judge of said city court shall have power and authority to hear and determine all civil causes of which the said court has jurisdiction, and to give judgment and execution thereon without the intervention of a jury; provided always , that either party in any cause shall be entitled to a trial by jury in said court upon entering a demand therefor, by himself or his attorney, in writing, before the close of the term to which the cause is returnable, in all cases where such party is entitled to a trial by jury under the Constitution and laws of this State. Jury trials in city court of Macon. 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 15, 1894.

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CITY COURT OF RICHMOND COUNTY, FEES OF SOLICITOR. No. 65. An Act to limit and regulate the payment of the insolvent costs of the solicitor of the city court of Richmond county for services in said court out of the treasury of Richmond county, 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 treasurer of Richmond county shall pay to the solicitor of the city court of Richmond county his bills of insolvent costs for services rendered in criminal cases in the city court of Richmond county, upon presentation of itemized bills, audited and approved by the presiding judge; provided , the sum paid shall not exceed in any one year the sum of two thousand dollars. City court of Richmond county, fees of solicitor, how paid. SEC. II. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 15, 1894. COUNTY COURT OF BULLOCH COUNTY, SALARY OF JUDGE. No. 95. An Act to fix the salary of the judge of the county court of Bulloch county, to provide for the payment of the same, and for other purposes. SECTION I. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act the salary of the judge of the county court of Bulloch county in criminal matters shall be four hundred dollars ($400) per annum, to be paid by the county treasurer of said county in quarterly instalments at the end of each quarter of the calendar year. Salary of judge of county court of Bulloch county. SEC. II. Be it further enacted, That all laws and parts of laws in conflict herewith be, and the same are, hereby repealed. Approved December 15, 1894.

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COUNTY COURT OF DECATUR COUNTY ABOLISHED. No. 14. An Act to abolish the county court of the county of Decatur, to provide for the disposition of the business pending therein and all of the court papers, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That the county court of Decatur county be, and the same is, hereby abolished. County court of Decatur county abolished. SEC. II. Be it further enacted by authority aforesaid, That all suits now pending in said court undisposed of which were brought to the monthly and quarterly terms of said county court shall be transferred to the city court of Decatur county. Cases therein transferred to city court. SEC. III. Be it further enacted, That all fi. fas. and other final processes of said county court now unsatisfied shall be executed by the sheriff of said county, and all issues or claims raised by reason of the enforcement of said fi. fas. or other final processes shall be returned to the city court of Decatur county for trial and final disposition. Processes, how executed and returned. SEC. IV. Be it further enacted, That all records, books, and papers now belonging to or appertaining to the said county court shall be deposited with the clerk of the city court of Decatur county for prosecution. SEC. V. Be it further enacted, That the provisions of this Act shall go into force and effect immediately upon its passage and approval by the Governor. 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 December 8, 1894. COUNTY COURT OF ELBERT COUNTY ABOLISHED. No. 3. An Act to abolish the county court of Elbert county, and to provide for the books, papers, records, and unfinished business of said court to be turned over to the city court of said county, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act the county court of Elbert

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county shall be abolished, and the books, papers, records, and all unfinished business of said county court shall be turned over to the city court of said county, established and to be organized upon a recommendation of the grand jury of said county at the September term, 1894, of Elbert superior court, in pursuance of the Act of October 19, 1891. County court of Elbert county abolished. SEC. II. Be it further enacted, That all causes, both civil and criminal, pending in said county court at the date of the passage of this Act shall be transferred to the dockets of said city court to be there disposed of according to the modes of procedure in said city court. Cases transferred to city court. SEC. III. Be it further enacted, That all laws in conflict with this Act be, and the same are, hereby repealed. Approved November 28, 1894. COUNTY COURT OF LOWNDES COUNTY ABOLISHED. No. 24. An Act to abolish the county court of Lowndes county, to provide for the disposition of business papers therein, 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 county court of Lowndes county be, and the same is, hereby abolished. County court of Lowndes county abolished. SEC. II. Be it further enacted, That all suits now pending in said county court undisposed of shall be transferred to the city court of Lowndes county and proceed to trial as though originally brought therein. Cases [Illegible Text] to city court of Lowndes county. SEC. III. Be it further enacted, That the transfer of all suits in said county court to the said city court of Lowndes, after the creation of said city court and prior to the passage of this Act, shall be deemed and held to be legal and valid. SEC. IV. Be it further enacted, That all fi. fas. and other final processes of said county court now unsatisfied shall be executed by the sheriff of said city court or his deputies, and all issues and claims arising from the enforcement of such fi. fas. or other final processes shall be returned [Illegible Text] said city court of Lowndes for trial and final disposition. Processes [Illegible Text] executed and returned. SEC. V. Be it further enacted, That all records, books, and papers now belonging, or which may have belonged or appertained to said county court, shall be deposited with the clerk of said city court of Lowndes. Books and papers transferred.

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SEC. VI. Be it further enacted, That all laws in conflict herewith are hereby repealed. Approved December 11, 1894. COUNTY COURT OF MITCHELL COUNTY ABOLISHED. No. 1. An Act to repeal an Act approved September 4th, 1883, entitled an Act to provide for the appointment of a county judge for the county of Mitchell, and to make applicable to said county the law contained in chapter 4, title 5, part 1 of the Code of 1882, and for other purposes herein named, and to provide for the disposition of the records and business in the county court of Mitchell county, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That from and after the first day of January, 1895, an Act approved September 4th, 1883, entitled an Act to provide for the appointment of a county judge for the county of Mitchell and to make applicable to said county the law contained in chapter 4, title 5, part 1 of the Code of 1882, and for other purposes herein named, be, and the same is, hereby repealed. County court of Mitchell county abolished. SEC. II. Be it further enacted, That all the business, civil and criminal, which, on the first day of January, 1895, shall be pending in said county court and all processes returnable to said court are hereby transferred to the superior court of said county of Mitchell, and the county judge of said court is hereby required to deliver to the clerk of said superior court all books, records, and writings of every description belonging or appertaining to said county court, and all cases so transferred to said superior court shall stand for trial therein at the March term, 1895, thereof. Cases therein transferred to superior court. SEC. III. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved November 23, 1894.

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TITLE IV . REGISTRATION, ETC. ACTS. Baker County, Registration Law Repealed. Chatham County, Safe Keeping Registration Books. Emanuel County, New Registration Law for. [Illegible Text] County, Registration Law for. [Illegible Text] County, Registration Law for Repealed. Monroe County, Registration Law for. Pike County, Registration Law for. Savannah, Election Law for Amended, etc. Screven County, Registration Law for. [Illegible Text] County, Registration Law for. BAKER COUNTY, REGISTRATION LAW REPEALED. No. 38. An Act to repeal an Act entitled an Act to provide for and require the registration of voters in Baker county, and for other purposes, approved December 20, 1893. 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 entitled an Act to provide for and require the registration of voters in Baker county, and for other purposes herein contained, approved December 20th, 1893, be, and the same is, hereby repealed. Act of Dec. 20, 1893, for registration of voters, 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 12, 1894.

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CHATHAM COUNTY, SAFE KEEPING REGISTRATION BOOKS. No. 16. An Act to provide for the safe keeping of the registration books of Chatham county, and for other purposes. SECTION I. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act, all books of registration of voters in Chatham county, made prior to the year 1893, be turned over to the registration commissioners of Chatham county, to be by them placed in the office of the ordinary of Chatham county under their seal. Registration books made prior to 1893 to be turned over to registration commissioners. To be placed in ordinary's office under seal. 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 8, 1894. EMANUEL COUNTY, NEW REGISTRATION LAW FOR. No. 128. An Act to repeal so much of an Act, approved October 3, 1885, as relates to Emanuel county, and in lieu thereof enact the following, to wit: An Act to provide for the registration of the qualified voters of Emanuel county by the commissioners of roads and revenues of said county, to provide suitable penalties for violation of the same, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act, so much of an Act, approved October 3, 1885, as relates to Emanuel county, which constitutes the tax-collecter a registrar for said county, and regulating the manner and method of voting therein, prescribing penalties for violation of the same, etc., be, and the same is, hereby repealed. Registration Act of Oct. 3, 1885, repealed. SEC. II. Be it further enacted, That from and after the passage of this Act, the county commissioners of Emanuel county are hereby constituted a board of registration for Emanuel county, who shall take control of the receipts and stub-books of the tax-collector of said county ten days before each election held in said county, and make out from said receipts and stub-books a list of all the qualified voters as hereinafter provided, and cause the same to be

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printed in alphabetical form, a copy of which shall be furnished to the managers of elections at each precinct wherein an election may be held in said county, and no one shall be allowed to vote whose name does not appear (in print) upon said list; provided , however, any bona fide resident of the district in which said election is held, known as such to any of the managers at said election, may vote in the district of his residence upon making oath that he has paid all taxes, except for the year in which the election was held, which he has had an opportunity [Illegible Text] pay, required of him under the law, since the adoption of the Constitution 1877; provided , that he has been a citizen of the State one year and in the county six months. Board of registration. List of voters to be made. And printed. No one may vote whose name not on list. Exception. SEC. III. Be it further enacted, That no name shall be entered upon the registration list except as hereinafter provided, unless it appears on the list of paid-up poll-tax payers on the receipt and stub-books of the tax-collector, that the same is a male citizen of said county and has paid his taxes for the year previous to the election. What names to be entered on list. SEC. IV. Be it further enacted, That all persons otherwise authorized to vote, be it from non-age or past age, do not appear on the tax digest, or who have moved into the county since the term of returning taxes for the previous year of the election, and have been a citizen of the State one year and of the county six months, may file an affidavit of the facts with the justice of the peace or notary public of the district of his residence, then be by said justice of peace or notary public returned to the county commissioners ten days [Illegible Text] to the election, and said county commissioners shall add said names to the list of voters of said county; provided , said commissioners shall have the right to refuse to register any such if there is probable cause to suspect that fraud has been or may be practiced by such registration of such persons. Registration of certain persons whose names do not appear on tax digest. What may justify [Illegible Text] to put such names on list. SEC. V. Be it further enacted, That no one shall be allowed to vote in other than militia districts of his residence. Vote must be in district of residence. SEC. VI. Be it further enacted, That the [Illegible Text] of Emanuel county deposit with the county commissioners of said county his tax receipts and stub-books, as soon as his books are closed for collecting taxes, and said books shall remain under the control of the commissioners aforesaid. Tax receipts and stub-books to be deposited with commissioners, when. SEC. VII. Be it further enacted, That the county commissioners, when acting as a board of registration, shall have all the powers which courts usually have to bring witnesses into said court if necessary, and fine for contempt or carry into effect any order of the same. Witnesses, contempts, etc. SEC. VIII. Be it further enacted, That should it appear, or be made to appear, to said board of registration that any name appears on said poll-tax digest which should not be registered and allowed

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to vote, said voter so appearing illegally shall at once be notified to appear before said board and show cause why his name should not be stricken from said list; provided , that all means and laws now in force are allowed in order that all persons should be guaranteed the legal right of free suffrage. Method of purging list. SEC. IX. Be it further enacted, That should any county commissioners, tax-collector, justice of the peace, or notary public, or election manager fail or refuse to comply with this law in any manner, or knowingly allow any one else to violate the same, or refuse to register any one entitled to be registered, or registering or contriving to have registered any one not entitled to register or vote, or should any one register or vote not having paid all taxes as required by this law, or should any election manager allow any one to vote outside of his own district or allow any one not known to him as a resident of said district to make oath and vote as provided elsewhere in this Act, all such shall be guilty of a misdemeanor and, upon conviction, be punished as provided in section 4310 of the Code of Georgia. Failure to comply with this Act. SEC. X. Be it further enacted, That the county commissioners shall have examined all the records of said county, including insolvent tax fi. fas. , back to the ratification of the Constitution of 1877, and make out and have printed and furnish the election managers a list of all who are not entitled to vote under this Act, by reason of non-payment of taxes, conviction of such crimes as disqualify one from voting, idiot, insane, and imbecile persons. Lists of all notentitled to vote to be furnished to election managers. SEC. XI. Be it further enacted, That all laws in conflict with this Act are hereby repealed. Approved December 18, 1894. HARRIS COUNTY, REGISTRATION LAW FOR. No. 83. An Act to provide for the registration of the qualified voters of Harris 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 July, 1896, it shall not be lawful for any person to vote in any election in the county of Harris without having registered as hereinafter provided. Voting without registration unlawful.

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SEC. II. Be it further enacted, That at any time after the first day of July, 1896, and before the first day of September, 1896, and between the same dates every two years thereafter, the court of commissioners of roads and revenues of said county shall caused to be opened books of registration for the qualified voters of Harris county, and shall, by publication in the newspapers published in the county of Harris, 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; provided , that said books of registration shall be kept opened for fifty days for the registration of voters. Registration books to be opened by county commissioners. Notice to be given. Books to be [Illegible Text] for [Illegible Text] days. SEC. III. Be it further enacted, That the court of commissioners of roads and revenues [Illegible Text] said county shall appoint a suitable man in each militia district to be registrars in the several districts of said county, and said registrars of the several districts shall, before entering upon their duties as such, take and subscribe the following oath before the commissioners of roads and revenues of said county of Harris: I do [Illegible Text] swear that I will not knowingly register as a voter any person who is not legally qualified to vote under the provisions of the Constitution and the laws of the State of Georgia, nor will I knowingly prevent the registration of a legal voter. Registrars. Oath of. SEC. IV. Be it further enacted, That the registrars of Harris 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 the State, the name, age, 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 10 o'clock A. M. on the day of election, he may vote in the town of Hamilton where there shall be kept registry lists of all the militia districts of the county. Entries on [Illegible Text] book. Registration and vote must [Illegible Text] [Illegible Text] district of [Illegible Text]. If district precinct polls not open, may vote at county site. SEC. V. Be it further enacted, That if any registrar is in doubt as to the right of any applicant to register, the registrar shall administer to the applicant the following oath, which oath shall be subscribed by the party taking the same, to wit; I do solemnly swear that I will be twenty-one years of age; will have resided in this State one year and the county of Harris 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 that I have not been convicted of any crime involving moral turpitude. And any such oath shall be

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returned by the registrar to the clerk of the court of commissioners or roads and revenues of Harris county. Oath of applicant. Oath to be returned to clerk of commissioners. 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 of roads and revenues cause to be transcribed, the names, age, district, and occupation of all registered voters in alphabetical order, keep registry lists of each year separate, also separate lists of white and colored; and said court of commissioners of roads and revenues shall cause to be deposited said book with the ordinary of the county of Harris at least twenty 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 in Harris 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. Registration book to be furnished by commissioners. What to be transcribed therein. Separate lists of years and races. Book to be deposited with ordinary. Lists to be printed and sent to magistrates. And kept before election managers. SEC. VII. Be it further enacted, That it shall 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 said 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 in person 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. Examination by commissioners. Purging thereof. 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 make a second application, provided he does so in the time in which the registration books are open, and if he can show that his disqualification has been removed, he shall be allowed to register; and further, in years 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, and any voter who has moved from the district in which he has registered shall be allowed to register before the ordinary and become a qualified voter at the next ensuing election. Second application for registry. Persons coming of age. Persons moving from district in which registered.

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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 whites and colored, certified to by himself as being a correct registration of the voters of his district, to the court of commissioners of roads and revenues of said county within five days after the expiration of the time specified in section 2 of this Act. Registration [Illegible Text] and [Illegible Text] to be returned by [Illegible Text] to commissioners. SEC. X. Be it further enacted, That the compensation of registrars shall not be more than ten cents nor less than five 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 Harris county not otherwise directed. Compensation of registrars, etc. Payment. 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 section 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 section 4310 of the Code. Failure of registrar to comply with this Act. Illegal registering or [Illegible Text] 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 15, 1894. MCINTOSH COUNTY, REGISTRATION LAW FOR, REPEALED. No. 13. An Act to repeal an Act entitled an Act to require the registration of voters in McIntosh county, to provide for the same, and for other purposes, approved October 23, 1889. SECTION I. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act, the Act entitled an Act to require the registration of voters in McIntosh county, to provide for the same, and for other purposes, approved October 23, 1889, be, and the same is, hereby repealed. Registration Act of Oct. 23, 1889, repealed. SEC. II. Be it further enacted by the authority of the same, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 8, 1894.

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MONROE COUNTY, REGISTRATION LAW FOR. No. 4. An Act to provide for and require the registration of all voters in the county of Monroe, in this State, to provide for penalties for violation of same, and for other purposes herein contained. SECTION I. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of same, That within ten days after the passage of this Act the ordinary of Monroe county, in this State, shall appoint a registrar for said county, whose term of office shall continue until January 1, 1896, or his successor is appointed and qualified; and the term of office of the registrar shall be two years after January 1, 1896, whose duty it shall be to open at once a book for the registration of voters in said county in which he shall register all qualified voters in said county by district, keeping a separate list for the white and black voters in each district. That said books for registration shall be kept open for the registration of voters twenty days, five of which shall be at the courthouse in the town of Forsyth and one at the court grounds in each of the fifteen remaining militia districts of said county, notice of said appointments to be published once in the Monroe Advertiser and posted for five days in three or more public places in such districts by the registrar for said county. Ordinary [Illegible Text] appoint registrar. Term of office. Opening books. Registration. Separate lists. Books to be kept open, how long and where. Notice of appointment. SEC. II. Be it further enacted, That immediately after the closing of the books provided for in the preceding section, the registrar shall make out a separate list for the white and colored voters, arranged in alphabetical order, and certify the same to be correct and deliver the same to the ordinary of said county, who shall cause the same to be printed and furnished to the managers of all elections to be held in said county, and said managers shall not allow any one to vote whose name does not appear on said registration list unless it be made to appear that said person has become of age or moved into the county since the closing of the registration books in said county; provided , he is otherwise qualified to vote, and to this end the managers shall have the right to swear witnesses and hear testimony. Separate certified lists of white and colored voters. To be delivered to ordinary. Printed and furnished to election managers. When person may vote whose name not on list. SEC. III. Be it further enacted, That all voters registered in accordance with this Act shall vote in their respective districts or at the county site. Vote to be in district of residence or at county site. SEC. IV. Be it further enacted, That the registrar of said county shall be furnished by the commissioners of roads and revenues of said county, with a list of all tax defaulters for said county, showing the year in which said persons are in default and the amount

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of taxes due by said defaulter, together with the tax fi. fas. against the defaulters; and said registrar shall not register any voter who appears to be in default for taxes unless said taxes be paid to the registrar, or it be shown by the receipt of the tax-collector, or his affidavit, that said taxes were paid for such year, in which event said fi. fa. shall be marked error, and his official signature added thereto and by him returned to the commissioners of roads and revenues of said county, and in the event of payment of taxes to said registrar, he shall detach the receipt from the fi. fa. and deliver it to the voter and mark the fi. fa. canceled and return to the above named commissioners. And in all cases where the fi. fa. is proven to be an error or is paid off, the registrar shall erase said name from the defaulter's list and properly register the same. List of tax defaulters, etc., to be furnished to registrar. No person in default to be registered unless tax paid. Tax fi. fa., if it appear to have been paid, to be marked error and returned. Name to be erased from defaulter's list and registered. SEC. V. Be it further enacted, That said registrar, before assuming the duties of his office, shall execute a bond in the sum of five hundred dollars, conditioned to pay to the commissioners of roads and revenues of said county all taxes collected by him and for the faithful discharge of the duties of his office, and take the usual oath prescribed for county officer and for the faithful discharge of the duties of his office. Bond of registrar. Oath of. SEC. VI. Be it further enacted, That if said registrar shall refuse to register any voter who is qualified to vote, or register any voter knowing him to be disqualified, he shall be guilty of a misdemeanor and, on conviction, be punished as prescribed in section 4310 of the Code. Failure of registrar to comply with this act. SEC. VII. Be it further enacted, That the registrar shall receive as full compensation for his services three cents for each name registered and ten per cent. of all taxes collected by him, to be paid as hereafter provided. Compensation of registrar. SEC. VIII. Be it further enacted, That any expense incurred in carrying into effect this Act shall be paid out of the county treasury, when the bill for the same has been audited and approved by the ordinary of the county. Payment of expense of carrying out this act. SEC. IX. Be it further enacted, That when said list of voters has been made and printed as provided above, it shall be official, and not added to unless the voter, twenty days before the election in which he intends to vote, complies with the requirements of this Act as to registration, payment of back taxes, etc. Nor shall any name be erased from said list except for non-payment of taxes or other disqualification, and it is hereby made the duty of the county commissioners to furnish the registrar, on the 20th day of December of each year, with a list of all in default for taxes for the current year, so said lists may be revised and corrected for the election next following. Registration list official and not to be added to, unless. When erasures from list may be made. List of defaulters for current year to be furnished registrar.

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SEC. X. Be it further enacted, That the list of registered voters provided for above shall be of force until a second list can be made, and it is hereby made the duty of said registrar to reopen his books for registration on January first, 1896, and annually thereafter on the same day, and keep them open as provided above. How long [Illegible Text] to be of force. Books to be reopened annually. SEC. XI. Be it further enacted, That all laws and parts of laws in conflict with the above Act be, and they are, hereby repealed. Approved December 1, 1894. PIKE COUNTY, REGISTRATION LAW FOR. No. 28. An Act to authorize, require, and provide for the registration of the qualified voters of Pike 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 to fix his compensation for said service; to prescribe the oath to be administered by him to the voters before placing their names on the lists of registered voters, and to provide a penalty for the violation of the provisions of this Act, and for other purposes. SECTION I. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That within ten days after the passage of this Act the county commissioner of Pike county, in this State, shall appoint a registrar for said county, whose term of office shall continue until January first, 1896, or his successor is appointed and qualified, and the term of office of the registrar shall be two years after January, 1896. Said registrar, when appointed, shall at once open a book for the registration of voters in said county, in which he shall register all qualified voters in said county by districts, keeping a separate list for the white and black voters in each district. That said books for registration shall be kept open for the registration of voters twenty days, five of which shall be at the courthouse in the town of Zebulon, and at least one at the court ground in each of the militia districts of said county. Notice of said appointment to be published once in the Pike county Journal and the Barnesville Gazette , and posted for five days at the court ground in each district in said county by the registrar. Appointment of registrar. Term of office. Registration book to be opened. Registration, separate lists of white and colored. Books to be open, how long and where. Notice of appointment. SEC. II. Be it further enacted, That immediately after the closing of the books provided for in the preceding section, the registrar shall make out a separate list for the white and colored voters, arranged in alphabetical order, and certify the same to be correct,

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and deliver the same to the county commissioners of said county, who shall cause the same to be printed and furnished to the managers of all elections to be held in said county; and said managers shall not allow any one to vote whose name does not appear on said registration list, unless it be made to appear that said persons have become of age or moved into the county since the closing of the registration books in said county; provided , he is otherwise qualified to vote, and to this end the managers shall have the right to swear witnesses and hear testimony. Separate certified lists to be made. And delivered to county commissioners. Who may vote [Illegible Text] name not on list. SEC. III. Be it further enacted, That all voters registered in accordance with this Act shall vote in their respective districts, and not otherwise. No one shall be registered by the registrar except upon the personal application of the person seeking to register. Vote to be in district of [Illegible Text] Personal application to register. SEC. IV. Be it further enacted, That the registrar of said county shall be furnished by the county commissioners of said county with a list of all tax defaulters of said county, showing the year in which said persons are in default and the amount of taxes due by said defaulter, together with the tax fi. fas. against defaulters, and said registrar shall not register any voter who appears to be in default for taxes, unless said taxes be paid to the registrar or it be shown by the receipt of the tax-collector. List of tax defaulters, etc., to be furnished [Illegible Text] Persons appearing in default not to be registered unless tax paid. SEC. V. Be it further enacted, That said registrar, before assuming the duties of his office, [Illegible Text] shall execute a bond in the sum of five hundred dollars conditioned to pay to the county commissioner of said county all taxes collected by him and for the faithful discharge of his duties, and shall take the usual oath prescribed for county officers and also for the faithful discharge of the duties of his office as registrar. Bond of registrar. Oath of. SEC. VI. Be it further enacted, That if said registrar shall refuse to register any voter who is qualified to vote, or register any voter knowing him to be disqualified, he shall be guilty of a misdemeanor, and, on conviction, be punished as prescribed in section 4310 of the Code. Failure of [Illegible Text] to [Illegible Text] with this Act. SEC. VII. Be it further enacted, That the registrar shall receive as full compensation for his services three cents for each name registered and ten per cent. of all taxes collected by him as registrar, to be paid him as hereafter provided. Compensation of registrar. SEC. VIII. Be it further enacted, That any expenses incurred in carrying into effect this Act shall be paid out of the county funds or treasury when the bill for the same has been audited and approved by the county commissioners of the county. Payment of expenses of carrying out this Act. SEC. IX. Be it further enacted, That when said list has been made and published as provided above, it shall be official and not added to unless the voter, twenty days before the election in which he intends to vote, complies with the requirements of this Act as to

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registration, [Illegible Text] of back taxes, etc.; nor shall any name be erased from said list except for non-payment of taxes or other disqualifications; and it is hereby made the duty of the county commissioners to furnish the registrar, on the 20th day of December of each year, with a list of all in default for taxes for the current year, so said list may be revised and corrected for the election next following. When registration lists may be added to. When names may be erased therefrom. List of all in default for current year to be furnished, etc. SEC. X. Be it further enacted, That the list of registered voters provided for above shall be of force until a second list can be made; and it is hereby made the duty of said registrar to reopen his books for registration on January 1st, 1896, and annually thereafter on the same day, and keep them open as provided by law. How long list to be of force. Books to be reopened annually. SEC. XI. Be it further enacted, That all laws and parts of laws in conflict with the above Act be, and are, hereby repealed. Approved December 11, 1894. SAVANNAH, ELECTION LAW FOR, AMENDED, ETC. No. 6. An Act to amend an Act, approved December 12, 1893, entitled an Act to provide for and regulate municipal elections in the city of Savannah; to prescribe suitable penalties for all violations thereof, and for other purposes, by prescribing qualifications for those entitled to register; by providing for the manner of registration and the care and custody of the registration books, by providing for the publication of lists of the registered voters; by prescribing the form of the ballot to be used; by prescribing the manner of voting and the counting of the votes, 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 an Act of the General Assembly approved December 12, 1893, entitled an Act to provide for and regulate municipal elections in the city of Savannah; to prescribe suitable penalties for all violations thereof, and for other purposes, be, and the same is, hereby amended by striking from section 7 of said Act all from the word enacted, and in lieu thereof inserting the following: That any citizen shall be entitled to register in the election precincts in which he is a bona fide resident at the day he presents himself for registration; who is a male citizen of the United States, twenty-one years of age, who shall have resided in the State one year next preceding the election and within the corporate limits of Savannah six months next

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preceding the election; who have paid all State and county taxes required of them and which they may have had an opportunity of paying since the adoption of the Constitution of 1877, including the State and county taxes for the year next preceding said election; and who shall have paid all city taxes required of them, or have in their own right sufficient real estate to satisfy any tax execution which may be issued against them; provided , however, that should the name of any citizen appear upon the county registration books, that fact shall be prima facie evidence of the payment by said citizen of all taxes due to the State and county up to the time of such State and county registration. Section 7 of Act of Dec. 12, 1893, [Illegible Text] Who entitled to register. Name on county registration books prima facie evidence of payment of taxes. SEC. II. Be it further enacted that section 9 of the above recited Act be, and the same is, hereby amended by striking from the said section all after the word work, in the eighth line thereof, and in lieu thereof inserting the following: the books of registration shall at once be sealed by the registrars, and deposited with the clerk of the court of ordinary before twelve o'clock of the same night. They shall remain in the custody of said clerk, with seal unbroken, until the afternoon next preceding the next legal registration day, when he will deliver them, with seal unbroken, to the registrars of their respective election precincts, said registrars being first sworn by said clerk to deliver said books, with seal unbroken, at the legal registration places the next morning. When the books shall have been delivered to the said clerk on the last registration day, he shall keep them in his custody, with seal unbroken, until the afternoon of the day next preceding the election, delivering them to the legally named managers of their respective election precincts at said time, with seal unbroken, said managers to be sworn by said clerk to deliver said books, with seal unbroken, at the legal polling places at the hour for opening the polls next morning. Section 9 amended. Registration books to be sealed and deposited with clerk of court of ordinary. And remain in his custody unbroken. Oath of registrars as to. Subsequent custody and care of books. When to be delivered to election managers. Oath of managers as to. SEC. III. Be it further enacted, That section 10 of the above recited Act be, and the same is, hereby amended by striking therefrom all after the word enacted, in the first line thereof, and in lieu thereof inserting the following: It shall be the duty of the registrars to keep separate and apart from the registration book a list of registered voters. This list shall contain nothing but the name of the voter. As each name is entered upon the registration book, such name shall also be written upon the list herein provided for. At the close of each registration day these lists shall be filed in the office of the clerk of council, from which said clerk shall make out and publish, in a newspaper having a general circulation in Savannah, an alphabetical list of all voters by precincts. Such lists shall be published within two days next succeeding each registration day. Section 10 amended. Lists of voters. Lists to be [Illegible Text] each day with clerk of council. Publication of.

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SEC. IV. Be it further enacted, That section 11 of the above [Illegible Text] Act be, and the same is, hereby amended by striking therefrom all after the word back, in the sixth line thereof, and in lieu thereof inserting the following: The arrangement of the ballot shall be substantially as follows: each convention, mass-meeting, party, or independent candidate shall, at the time they request the printing of the names of candidates upon the official ballot, as prescribed in section 11 of the above recited Act, shall designate their ticket by a name and a device. The devices, the names of ticket, and the names of candidates shall be printed [Illegible Text] said tickets in parallel columns. The devices of each ticket [Illegible Text] be inclosed in a square of not less than one inch on each side, and shall be placed at the head of the lists of candidates of said ticket. Immediately under it shall be placed the name or title of said [Illegible Text] [Illegible Text] under the name or title shall be placed the words: For mayor, followed by the name of the candidate for mayor on that ticket. Immediately under this shall be placed the words For aldermen, followed by the names of the candidates of said ticket for aldermen. In addition to all tickets, which may be legally requested to be printed upon the official ballot, there shall be printed in a parallel column a blank ticket containing the words For mayor, having thereunder a blank space, and beneath this the words For aldermen, leaving thereunder twelve blank spaces. Any voter who may not desire to vote a printed ticket may write the name of the candidate or candidates of their choice, in the blank spaces herein provided for, whether said candidates shall have been previously named as hereinbefore provided for in this Act or [Illegible Text] [Illegible Text] [Illegible Text] that said names must be written with pen and ink, and it [Illegible Text] not be lawful to use pasters. The general arrangement of the [Illegible Text] shall conform as nearly as possible to the following: Section 11 amended. Designation of [Illegible Text] etc. Blank ticket. Voters not wishing to vote printed ticket may use blanks. Use of [Illegible Text] is prohibited.

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SEC. V. Be it further enacted, That section 19 be, and the same is, hereby amended by striking out in the fourteenth, fifteenth, and sixteenth lines the following words: mark a cross (X) in front of the name of the candidates of his choice for office to be filled, which mark shall constitute his vote, and in lieu thereof insert the following: prepare his ballot. The manner of preparing the ballot shall be as follows: should a voter desire to vote for all the candidates on any ticket printed on the official ballot, he can do so by making a cross (X) mark in the device at the head of said ticket. Should a voter not desire to vote a straight ticket, he can write the names of the candidates of his choice in the blank ticket. Whenever the blank ticket is filled or any names written therein, said writing shall constitute the vote and shall be so counted, and no check mark shall be considered. Section 19 amended. Manner of preparing ballot. SEC. VI. Be it further enacted, That section 19 of the above recited Act be, and the same is, hereby amended by striking from said section the words or because of the fact he cannot read the printed ballot or card of instructions, in the twenty-first and twenty-second lines thereof, and also by striking out the words provided , however, that said elector may have the lists of candidates read to him by the watcher, in the thirty-first and thirty-second lines of said section. Section 19 further amended. Assistance of challenger or watcher not given, when. Watcher may not read list of candidates to voter. SEC. VII. Be it further enacted, That section 19 of the above recited Act [Illegible Text] and the same is, hereby amended by striking therefrom the words no vote shall be counted for any office when more names shall be checked for the same office than can be elected, but error in checking shall only affect such office as soon as the elector has checked the names he desires to vote for, in the thirty-second, thirty-third, thirty-fourth, and thirty-fifth lines thereof, and in lieu thereof insert the following: as soon as the elector has prepared his ballot. Section 19 further amended. Checking names. Error in. When ballot prepared, to be folded, etc. SEC. VIII. Be it further enacted, That section 20 of the above recited Act be, and the same is, hereby amended by striking therefrom the words as indicated by the cross marks opposite each name, in the second and third lines thereof. Section 20 amended. Indication by cross marks, stricken. SEC. IX. Be it further enacted, That polling places shall be selected by the city council of Savannah, at least five (5) days prior to the election. When polling places to be selected. SEC. X. Be it further enacted, That the electoral commission may remove any registrar appointed by them at any time, in their discretion, with or without cause. Removal 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 1, 1894. NOTE BY COMPILER.This Act is printed as above (differing in some particulars from the Act as enrolled), in accordance with a joint resolution, which resolution will be found printed as resolution No. 2, hereinafter.

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SCREVEN COUNTY, REGISTRATION LAW FOR. No. 19. An act to require and provide for the registration of all the voters in the county of Screven; to provide for carrying the same into effect, and to prescribe a punishment for illegal registering and illegal voting, and for other purposes. SECTION I. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act, it shall be illegal for any person to vote at any election held in the county of Screven, unless he shall have complied with the terms of this Act. Voting without [Illegible Text] with this [Illegible Text] unlawful. SEC. II. Be it further enacted, The tax-collector of the county of Screven 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 registrar to register all persons who are legally qualified to vote, in the following manner: The registrar shall stamp or write the word registered 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 coming 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 authorize registration, but 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. Manner of registration. Closing of books. Who may vote without registering. Vote must be in district of residence and registration. Change of residence. Who may register. Lists of those registered. 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 the 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

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to vote at said election whose name does not appear on said list, unless provided for in this Act. Registration lists to be furnished to election managers. No one to vote whose name not on list. Unless herein provided for. SEC. IV. Be it further enacted, That the compensation of the registrars shall be two and a 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 fifteenth (15th) 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. Annual registration, etc. SEC. VI. Be it further enacted, That the ordinary shall furnish 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. Ordinary to furnish book to registrar, etc. Separate lists for each year. 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 said registrar is hereby authorized to employ, at his own expense, a clerk, or clerks, to assist him in the discharge of the duties herein expressed, for whose conduct as such he shall be responsible. Registrar may employ clerks. For whose conduct he shall be responsible. SEC. IX. Be it further enacted, That any person violating any of the provisions of this Act be deemed guilty of a misdemeanor, and punished as prescribed in section 4310 of the Code. Violations of this act. SEC. X. Be it further enacted, That all laws and parts of laws in conflict herewith be, and the same are, hereby repealed. Approved December 11, 1894. TWIGGS COUNTY, REGISTRATION LAW FOR. No. 84. An Act to require and provide for the registration of all voters in the county of Twiggs, and to provide for carrying the same into effect, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act, the tax-collectors of the county of Twiggs shall be, by virtue of their office, registrars for

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said county, and shall each take an oath faithfully to discharge the duties imposed by this Act. It shall be the duty of such registrars to register all persons applying, who are legally qualified to vote in the following manner: Said registrars shall stamp or write the word registered both upon the tax receipt of the person registering and also upon the stub in their book of tax receipts, together with the date of registration, and the year and election for which said person is registered. Their books for registering shall be closed ten (10) days before each election. All persons voting shall vote in the district in which they reside and for which they are registered; provided , there is a voting-precinct established in said district, and if there is no such precinct, then at the next nearest precinct or county site. All applicants to register shall be in person, and no person shall be registered unless he is a citizen of the United States and has resided in the State of Georgia one year and in said county six months next preceding the coming election, and is twenty-one years of age or will become so before said election, and has paid all State and county taxes which have been due by him, except for the year of the election, of which fact the registrar may require the applicant to make oath before him when he is not satisfied as to the qualifications of said voters. 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 for each militia district in his county and turn the same over to the ordinary of said county, as the case may be. Tax-collector to be registrar. Oath of. Manner of registration. Close of books. Vote to be in district of residence and [Illegible Text] Application to be in person. Who may be [Illegible Text] Lists of [Illegible Text] registered. To be turned over [Illegible Text] ordinary. SEC. II. Be it further enacted by the authority of the same, That the said ordinary, as the case may be, shall cause to be printed said alphabetical lists of said voters so registered, and shall cause to be furnished to the [Illegible Text] of elections at each precinct copies of the lists of registered voters of the district in which they sit, which list shall be first verified from the registrars' lists before being turned over to said managers; and the said managers shall not permit any person to vote at said election whose name does not appear on said lists, under all the pains and penalties prescribed by law for illegal voting; and any person voting at any of said elections without having been registered, as aforesaid, or who shall vote in the name of some other person appearing on said list, other than his own name, or otherwise violating the provisions of this Act, shall be punished as prescribed in section 4310 of the Code of 1882; provided , that any person who presents his tax receipts with the word registered stamped or written on it by said registrar, shall be entitled to vote in the district of his residence, although his name does not appear on the list in the hands of the managers of said election; provided , however, that if the said stamping or writing of the word registered upon the tax receipt has been done after the time for closing

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the registration, said voting shall be illegal, and the voter and any and all parties concerned in the unlawful stamping and writing shall be subject to all the pains and penalties prescribed by law for illegal voting. Printed lists to be furnished to election managers. No one may vote [Illegible Text] name not on [Illegible Text] Penalties. Tax receipt marked registered though name not on list. Unlawful marking of tax receipt. SEC. III. Be it further enacted by authority aforesaid, That the amount of compensation for the services to be thus done by said registrars shall be two and one-half cents for each person registered, to be paid from the county treasury on the order of the ordinary of said county. Compensation of registrar. SEC. IV. Be it further enacted by the authority aforesaid, That when two or more elections occur within sixty days of each other in the same year, the registration list for the first shall be used for the succeeding election; provided , that the registrars' books shall be kept open up to within (10) ten days before said election, and supplemental lists made out and used in the manner prescribed in this Act for the original registration. Elections within sixty days of each other, first registration list used for. Supplemental lists, etc. SEC. V. Be it further enacted, That the ordinary shall furnish to said registrars a well bound book, in which the registrar shall transcribe in alphabetical order the names of all registered voters in the militia district for which they have registered, keeping the registry lists for each year separate; and it shall be the duty of said registrar to deposit said book with said ordinary on or before the day of said election. Ordinary to furnish book to registrar, etc. Separate lists for each year. Book to be deposited with ordinary. SEC. VI. Be it enacted by authority of the same, That if at any time it shall be made to appear to the ordinary of the county by the petition of one or more citizens, that the registrar has entered on the list issued certificates of registration to any person not entitled to vote, then the said ordinary, as the case may be, to cause a rule to be issued against the registrar, calling upon him to show cause why said lists should not be corrected. The said registrar and the person alleged to be illegally registered, each to have five days' written notice of the hearing of said rule. If, upon the hearing, it should appear from the evidence offered that any person is illegally registered, the ordinary shall order the name of such illegally registered person to be stricken from the list, specifying the name of said illegally registered person; and such person shall not be allowed to vote unless he shall, upon a new application to register, remove the disqualification which has been adjudged against him. The registration of voters shall not be conclusive evidence of the right of the person registered, but the right of contest shall apply to all of the elections herein provided for. Purging of list. New application. Registration not conclusive as to right to vote. SEC. VII. Be it further enacted by authority aforesaid, That all laws in conflict herewith be, and the same are, hereby repealed. Approved December 18, 1894.

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TITLE V . EDUCATION. ACTS. Acworth, Public School Law for. Barnesville Male and Female High School, Act Incorporating, Amended. Canton, Public School Law Amended. Coweta County, Contracts Authorized for Teaching Certain Pupils. Dahlonega, Public School Law for. Eastman, Public School Law for. Fort Gaines, Public School Law for. Fort Valley, Public School Law for, Amended. Madison, Public School Law for. Middle Georgia Military and Agricultural College, Mayor of Milledgeville Added to Local Board of Trustees for. Perry, Public School Law for, Amended. Vienna, Public School Law for. Washington, Public Law for, Amended. ACWORTH, PUBLIC SCHOOL LAW FOR. No. 5. An Act to authorize the mayor and commissioners of the town of Acworth to establish and maintain a system of public schools for said town; to levy and collect a tax for establishing and maintaining the same, and provide for the payment of said tax to the board of education of said town; to authorize the county school commissioner of Cobb county to pay over to the said board of education such part of the State school fund as may be their proportionate share, and for other purposes herein named. SECTION I. Be it enacted by the General Assembly of the State of Georgia, the mayor and commissioners of the town of Acworth having so recommended, That the mayor and commissioners of said town are hereby authorized and empowered to levy and collect an annual tax, in addition to any now authorized by law, not to exceed thirty-five one-hundredths of one per cent. on all the property in said town liable to taxation, to be used for the purpose of establishing and maintaining a system of public schools therein. Annual school tax. Amount of. Use of proceeds.

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SEC. II. Be it further enacted, That before this Act shall be of force, the mayor and commissioners of said town shall order an election, giving not less than twenty days' notice of the time of such election, to determine whether such school shall be established and maintained. All persons qualified to vote for mayor and commissioners shall be qualified to vote in the election held under the provisions of this Act, and such election shall be held at the usual place for holding such elections in said town, and under the same regulations now governing such elections for town officers. All persons voting in said election shall have written or printed on their ballots For public schools or Against public schools. Should it be found that two-thirds of all the qualified voters of said town have voted for public schools, the mayor and commissioners shall so declare, and shall proceed to levy and collect so much of the tax provided for in section 1 as may be deemed necessary, under the further provisions of this Act, to establish and run public schools for nine scholastic months in each year. Should said election be declared against public schools, the mayor and commissioners are authorized and required to order another election after the expiration of twelve months from the previous election, upon the written petition of not less than fifty freeholders of said town. Election as to this Act. Notice of. Who may vote. Conduct of election. Ballots. Majority necessary. Result of election. Schools to be run nine months. Second election. SEC. III. Be it further enacted, That all money collected under this Act, shall be paid over by the treasurer of said town to the board of education, upon their giving bond with good security, payable to the mayor and commissioners of said town and approved by them, in an amount fixed by said mayor and commissioners, conditioned for the faithful application of said funds in establishing and maintaining the public schools herein provided for. Money raised under this Act to be paid to board of education. Bond of. SEC. IV. Be it further enacted, That all children between the ages of six and eighteen years, whose parents, guardians, or natural protectors bona fide reside within the corporate limits of the town of Acworth, and have so resided for the period of six months, or whose parents, guardians, or natural protectors bona fide reside in said town and own five hundred dollars worth of property therein that is subject to taxation, shall be entitled to the benefits of tuition in said schools in such courses of studies as are now provided for in the State public schools, and in such other studies as may be prescribed by said board of education not inconsistent with the purposes of this Act, and free of charge, except such incidental fees as may be prescribed by said board of education. Children who do not reside in said town, and persons under or over school age may be admitted into said schools upon such terms as said board of education may prescribe; but in no event shall any white child be taught in the colored schools, nor any colored child in the white schools. Who may attend schools. Incidental fees. Pupils nonresident or not of school age. Separate schools for white and colored pupils.

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SEC. V. Be it further enacted, That within ten days after this Act shall be ratified by the voters of said town, the mayor and commissioners of said town shall elect seven persons from the citizens of said town, who shall constitute the board of education of said town. At said election four of said persons shall be elected for a term of one year, and three for a term of two years, and thereafter their successors shall be elected annually, as their terms expire, for a term of two years. All vacancies in said board from death, resignation, or otherwise shall be filled by said board of education until the next regular election by the mayor and commissioners. Said mayor and commissioners shall elect said board of education at their regular meeting in May of each year annually thereafter, as hereinbefore provided. Election of board of education. Terms of office. Vacancies. Annual elections of board. SEC. VI. Be it further enacted, That said board of education shall have authority to devise, design, and adopt a system of public schools in said town; to modify the same from time to time; to establish such schools as they may see proper; to prescribe the curriculum, appoint and employ teachers for said schools, and a superintendent of the same it deemed necessary; to suspend or remove such teachers and superintendent; to fix their compensation; to provide school-houses by rent, building, purchase, or otherwise, in the discretion of said board; to make and hold titles to any such property; and to make such laws, rules, and regulations for their own government and that of the superintendent, teachers, and pupils of said schools as they may deem proper and not in conflict with the laws of this State; and to do any and all Acts promotive of the best educational interests of said town not in conflict with the provisions of this Act or the laws of this State. Said board shall have power to elect from their own number a president, vice-president, and treasurer, who shall also be secretary and who shall serve without compensation. Authority board. Officers of board. SEC. VII. Be it further enacted, That said board of education shall keep regular minutes of its proceedings, and shall furnish to the mayor and commissioners an estimate of the funds required for the maintainance of said schools at such times as the mayor and commissioners may require, and shall make a report annually, immediately after the close of each scholastic year, to said mayor and commissioners of the condition of the public schools, the attendance thereon, the receipts and expenditures for the school year ending, with such other information and recommendations as they may deem proper. Minutes of board. Estimate of funds required. Annual reports. SEC. VIII. Be it further enacted, That after the ratification of this Act, by the election herein provided for, it shall be the duty of the county school commissioner of Cobb county, and he is hereby required to pay over to the treasurer of said board of education, under

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such rules as the board of education may provide, that portion of the public school fund to which they may be entitled under the laws of Georgia, in such proportion to said schools as the county board of education may assign to them under the existing laws. Pro rata of State school fund. 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 1, 1894. BARNESVILLE MALE AND FEMALE HIGH SCHOOL, ACT INCORPORATING, AMENDED. No. 57. An Act to amend an Act to incorporate the Barnesville Male and Female High School, and to appoint trustees for the same, approved January 20, 1852, by changing the name of the institution to Gordon Institute, and to confer additional powers and privileges upon the same. SECTION I. Be it enacted by the General Assembly, That the name of the institution incorporated by an Act to incorporate the Barnesville Male and Female High School, and to appoint trustees for the same, approved January 20, 1852, be changed to Gordon Institute. Name changed to Gordon Institute. SEC. II. Be it enacted by the same authority, That all powers, rights, and privileges, by the Act described in section 1, shall be confirmed to the teachers and trustees of Gordon Institute, and that all contracts entered into and all obligations incurred by the trustees of the Barnesville Male and Female High School, in their corporate capacity, shall be equally binding upon them as trustees of Gordon Institute. Rights, etc., under Act of Jany. 20, 1852, confirmed to teachers and trustees Gordon Institute. Contracts. SEC. III. Be it further enacted, That the same said trustees and teachers of Gordon Institute, or their successors in office, may, in their discretion, establish and maintain, in connection with the school, a department of military science, a department for the normal training of teachers, and any other or all other departments which may seem to them essential to the best interest of the school. A diploma or a certificate of proficiency granted by the faculty shall be a sufficient license to teach in the State schools. Departments which may be established, etc. Diploma or certificate sufficient license to teach in State schools. SEC. IV. Be it enacted, That all laws and parts of laws in conflict with the above Act are hereby repealed. Approved December 17, 1894.

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CANTON PUBLIC SCHOOL LAW AMENDED. No. 68. An Act to amend an Act establishing a system of public schools in the town of Canton, approved December 20, 1893, so as to provide for the registering of the qualified voters of said town, the declaring the result of elections in said town, 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 8 of the Act to establish a system of public schools for the town of Canton, approved December 20, 1893, be, and the same is, hereby amended by adding at the end of said section the following words; provided further , that before any qualified voter of said town shall be entitled to vote at any election held on said question, such voter shall register with the clerk of the council of said town ten days before said election is held, in a book kept for that purpose; and provided further , that the returns of all elections held on this question shall be made to mayor and council of said town within three days after the same are held, who shall declare the result of said election within three days from the time the said elections are held; so that said section, when amended, shall read as follows: The mayor and council shall, within thirty days after the approval of this Act, order an election, of which notice shall be given in the newspapers published at Canton for three weeks, and which shall be conducted as an election for mayor and council in said town, and at which election the qualified voters resident within the corporate limits of said town shall be entitled to vote at said election. Said voters shall have written or printed on their ballots For public schools, or Against public schools, and the Act shall not become operative unless two-thirds of the persons qualified to vote in said elections shall cast their ballots For public schools. The mayor and council may order other elections on the same question from time to time; provided , that said elections shall not be held oftener than once in twelve months; provided further , that before a qualified voter of said town shall be entitled to vote at any election held on said question, such voter shall register with the clerk of the council of said town ten days before said election is held, in a book kept for that purpose; and provided further , that the returns of all elections held on the question shall be made to the mayor and council of said town within three days after the same are held, who shall declare the result of said election within ten days from the time the said elections are held. [Illegible Text] Registration essential to vote at school election. Election returns. Declaration of result of election. Section as amended.

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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 December 15, 1894. COWETA COUNTY, CONTRACTS AUTHORIZED FOR TEACHING CERTAIN PUPILS. No. 99. An Act to authorize the county school commissioner of Coweta county to make contracts with the board of education of the city schools of Newnan, Georgia, to teach pupils of school age, who may enter said city schools, who reside in the county of Coweta, and outside the incorporate limits of said city of Newnan, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and is hereby enacted by authority of the same, That from and after the passage of this Act, it shall and may be lawful for county school commissioner of Coweta county to make contracts with the board of education of the city schools of Newnan, Georgia, to teach pupils of school age who may enter said city schools, who reside in the county of Coweta and outside the incorporate limits of said city of Newnan, and to pay said board of city schools of Newnan, Georgia, when said contracts are made, out of that portion of the common school fund of the State belonging to the county of Coweta, in like manner and under the same provisions as teachers in the common schools of Coweta county are paid. County school com'r may contract with board of education of Newnan. For teaching pupils residing in county but not in city of Newnan. Pay therefor out of State school fund. SEC. II. Be it further enacted, That all laws and parts of laws in conflict with this Act are hereby repealed. Approved December 15, 1894.

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DAHLONEGA, PUBLIC SCHOOL LAW FOR. No. 142. An Act to establish a system of public schools in the town of Dahlonega, Georgia; to empower the mayor and council of said town to levy and collect a tax for the support and maintenance thereof; to provide for the issuance of bonds of 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 and require the county school commissioner of Lumpkin county to pay or turn over to said school board such part of the State and county school fund as may be the just 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 Dahlonega, in Lumpkin county, a system of public schools, to be conducted and maintained as hereinafter provided. System of public schools to be established. 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, as follows: J. F. Moore, H. D. Gurley, F. W. Hall, W. A. Charters, J. V. Harbison, who shall hold their office for three years from the date of their qualification. Their successors shall hold for like term of three years, and shall be elected by the mayor and council of said town. The said board shall fill all vacancies occurring in its body by death, resignation, removal from said town, or otherwise, except by expiration of term of office. Three members of said board shall constitute a quorum for the transaction of business, and if at any one time vacancies should occur in said board, reducing the same to less than a quorum, such vacancies, for the unexpired term, shall be filled by election by said mayor and council, at any regular or called meeting. Any member of said board may, for malfeasance in office, be removed by a majority vote of the other members of said board, and the vacancy so created shall be filled as hereinbefore provided. No person shall be eligible to membership of said board who is not twenty-one years of age, who is not a freeholder of said town, owning realty therein, and who has not been a bona fide citizen and resident of said town for twelve consecutive months next preceding his election. Board of school commissioners. Terms of office. Election of. Vacancies except by expiration term of office. Quorum. Vacancies reducing board to less than quorum. Misconduct in office. Qualifications for membership in board. SEC. III. Be it further enacted by the authority aforesaid, That before the members of said board of school commissioners enter upon their duties as such, they shall take and subscribe the oath required of members of the county board of education. Oath of office.

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SEC. IV. Be it further enacted by the authority aforesaid, That said board shall elect from their own number a chairman, secretary, and treasurer, the last named of whom shall give bond in such amount and with such sureties as said board may require, for the faithful discharge of all his duties. Said bond shall be payable to the board of school commissioners for the town of Dahlonega, and said board in that name is hereby empowered to bring and maintain any action or suit on said bond. Officers of board. Bond of treasurer. SEC. V. Be it further enacted by the authority aforesaid, That said board shall keep a record of all their proceedings, which shall at all times be open to the inspection of the public (as shall all the books kept by the officers of 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 the schools of said town; to establish grades in such schools, and prescribe the studies thereof; to employ the teachers thereof, fix their salaries, and pay the same, and provide for the convenience and necessary appliances of said schools, and to do all lawful acts necessary to the proper operation thereof. Minutes of board, etc. Powers and duties of board. SEC. VI. Be it further enacted by the authority aforesaid, That said board is hereby authorized and empowered to receive, hold, apply, sell, or expend any donation or bequest of property or money made for the [Illegible Text] of said schools. Receiving, etc., of donations or bequests. SEC. VII. Be it further enacted by the authority aforesaid, That said board shall have power, and it shall be their duty to establish under this Act, in said town, separate schools for the whites and the blacks (and not more than one for each) out of the funds arising from the bonds hereinafter provided for, with which they are to procure, if they deem the same necessary, suitable lots and erect thereon suitable buildings, and furnish and equip the same for said schools, and keep a record of said bonds, which shall be open to the inspection of the public. The title to any property purchased with the proceeds of said bonds shall vest in the town of Dahlonega, but the use, control, and supervision thereof shall remain in said board, who shall make a report to the mayor and council of said town of their receipts and disbursements at such times as said mayor and council may require. Separate schools for whites and blacks. Buildings, etc. Record of bonds. Title to property purchased. Use, control, etc., thereof. Reports by board of receipts, etc. SEC. VIII. Be it further enacted by the authority aforesaid, That the mayor and council of said town of Dahlonega are hereby authorized to levy and collect annually a tax, in addition to that now allowed by law, not to exceed one-half of one per cent. on the taxable property of said town, for the purpose of establishing and maintaining said schools, not less than four and not more than ten months in each year, the fund realized from such tax to be used exclusively for the purposes of said school. School tax. Amount of. Use of proceeds.

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SEC. IX. Be it further enacted by the authority aforesaid, That all children between the ages of six and eighteen years, 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, and no such child shall be required or compelled to pay any tuition or other fees whatever. Said board may admit children of like ages into said schools whose parents, guardians, or natural protectors do not reside within said corporate limits, upon such terms and regulations and upon the payment of such tuition or other fees as they may deem reasonable and proper; and they may also provide for the admission of pupils over eighteen years of age in said schools, whether residents of said town or not, under like conditions; provided , however, that any funds raised hereunder shall be applied solely to the purposes of said schools. Who may become pupils. Pupils non resident or not of school age. SEC. X. Be it further enacted by the authority aforesaid, That the county school commissioner of Lumpkin county shall pay over to the board of school commissioners of said town the pro rata share of the State and county school fund coming to said town, according to the number of children of school age residing in the corporate limits of said town; said town being hereby declared to be entitled to the same proportion of said school fund as the total number of children of school age residing within the corporate limits of said town bears to the total number of children of school age residing within the limits of Lumpkin county. The amounts so to be paid shall be paid at such times as the teachers of said county are paid; and when so paid shall be expended under the direction of said board for the purposes hereinbefore specified, to wit: The support and maintenance of the public schools of Dahlonega. Pro rata of State and county school fund. SEC. XI. Be it further enacted by the authority aforesaid, That the board of education of Lumpkin county shall not establish or open any school within the corporate limits of Dahlonega, nor have any authority or voice in the management of the schools therein established under the provisions of this Act by said board of school commissioners of the town of Dahlonega. County board of education not to establish, or control, [Illegible Text] school in Dahlonega. SEC. XII. Be it further enacted by the authority aforesaid, That none of the members of said board of school commissioners shall receive any remuneration for his services, except the secretary and treasurer thereof, who may each receive compensation not exceeding fifty dollars per year, in the discretion of said board. [Illegible Text] Except secretary and treasurer. SEC. XIII. Be it further enacted by the authority aforesaid, That before this Act shall become operative it shall be submitted to the qualified voters of said town, for which purposes the mayor and council thereof shall order an election, of which thirty days' notice shall be given in the public gazette of said town, which election shall be held under the same rules and regulations as are required

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for mayor and council, the qualification of the voters at said election to be the same as for members of the General Assembly. 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 Against public schools. 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 public schools, then this Act shall take effect immediately; otherwise, not. Should this Act fail of adoption at said election, the said mayor and council may submit the same to another election under the same rules and regulations as the first, after the expiration of twelve months from said first election. Election as to establishing schools. Notice of. Conduct of. Qualifications of voters. Ballots. Election returns. Declaration of result. Majority necessary. Second election. SEC. XIV. Be it further enacted by the authority aforesaid, That should the result of said election be in favor of said public school system, the mayor and council of said town are hereby authorized to issue bonds of said town to be signed by the mayor and attested by the clerk thereof for a sum, in the aggregate, not to exceed two thousand and five hundred dollars, and of denominations of not less than fifty nor more than one hundred dollars, and to bear interest at the rate of not exceeding seven per centum per annum, and to be known as the Dahlonega school bonds, payable annually on or before the first day of January of each year, or at such other time or times for the maturity of said bonds as said mayor and council may determine, and as to the amount of each as they may determine, so that the last of said bonds may fall due within twenty-five years from their issue; and to the end that provision may be made for the payment of said bonds, the said mayor and council are hereby empowered to assess and collect an annual tax sufficient in amount to pay the principal and interest of said bonds as they fall 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 and the interest due on such bonds as may fall due thereafter. Said bonds shall be turned over to the board of school commissioners or to their treasurer, to be negotiated by them at not less than par net to said town, and the proceeds shall be applied by said board to procuring suitable lots and erecting suitable buildings for said public schools and furnishing and equiping the same, and for no other purposes. Bonds for school purposes. Amount of. Denomination and rate of interest, etc. Maturity of. Tax to pay bonds. Amount of tax. Negotiation of bonds and use of proceeds. SEC. XV. Be it further enacted by the authority aforesaid, That section 14 shall not become operative, nor shall said bonds be issued until the question of their issuance shall have been submitted to the vote of the qualified voters of said town and approved by two-thirds of the same. Said qualification, time, place, and

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manner of election shall be the same as that prescribed in section 13 of this Act for the establishment of public schools, and returns of said election shall be made and declared as in section 13, and result entered on book of proceedings; provided , that in case said question of the issuance of said bonds shall be decided against such issuance, the said mayor and council are authorized to order other elections upon the same question after the lapse of six months between said elections. The ballots for the elections provided for by this section shall have written or printed on them For the issuing of bonds, or Against the issuing of bonds. Election as to issuing bonds. General provisions as to. Subsequent elections. Ballots. SEC. XVI. Be it further enacted by the authority aforesaid, That the matter embraced in sections 14 and 15 may be submitted to the voters of said town as a separate proposition before, simultaneous with, or after the matter embraced in section 13. Elections as to establishing schools and issuing bonds. SEC. XVII. Be it further enacted by the authority aforesaid, That the mayor and council of the town of Dahlonega are hereby empowered to pass any and all ordinances, by-laws, rules, and regulations for the carrying out of the provisions of this Act, in levying and collecting the taxes, and in issuing and selling the bonds, and in disbursing the proceeds thereof mentioned in this Act. Ordinances etc., as to carrying out this Act. SEC. XVIII. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 17, 1894. EASTMAN, PUBLIC SCHOOL LAW FOR. No. 55. An Act to establish a system of public schools for the town of Eastman; to provide for a board of education; to empower the mayor and council of said town to levy and collect a tax for the support and maintenance thereof; to issue bonds for the purpose of raising revenue to build, equip, and maintain first-class high school and academy buildings in said town; to authorize the county school commissioner of Dodge county to pay over to said board of education such part of the State school fund as may be the pro rata share of said town, and for other purposes. SECTION I. The General Assembly of Georgia do enact, That as soon as possible after this Act shall be ratified by the voters of the town of Eastman, as herein provided, the mayor and council of Eastman shall elect by ballot from the citizens of said town, who shall be freeholders therein, five persons who shall

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constitute the board of education for said town. At said election one of said persons shall be elected for a term of two years, two for a term of four years, and two for a term of six years, and thereafter their successors shall be elected for a term of six years. All vacancies in said board from death, resignation, removal from the town, or otherwise shall be filled by the mayor and council. The members of said board shall continue in office until their successors are elected and qualified. Election of board of education. Terms of office. Vacancies, etc. SEC. II. Be it further enacted, That the said board of education shall have authority to devise, design, and adopt a system of public schools in said town; to modify and change the same from time to time; to establish such schools as they may deem proper; to prescribe the curriculum, appoint, and employ teachers for said schools and a superintendent for same if deemed necessary; to suspend or remove such teachers and superintendent; to fix their compensation; to provide school-houses by rent, building, purchase, or otherwise, in the discretion of the board; to make and hold titles to 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 school as they may deem proper and not in conflict with the laws of this State, and to do any and all acts promotive of the best educational interrests of said town not in conflict of the provisions of this Act or the laws of the State. Authority of board. SEC. III. Be it further enacted, That the officers of said board shall be a president, treasurer, and secretary, and such other officers as the board may deem advisable, all of whom shall be elected by said board, to be taken from their number, except the treasurer and secretary, who may be taken from without if deemed advisable. The treasurer, before entering upon his duties, shall be required to give bond in good security (to be approved by the president of the board) in such sum as the board may require, payable to the board of education, conditioned for the faithful performance of his duty. The board of education shall serve without compensation except the treasurer and secretary, who may be allowed reasonable compensation if the board deem it advisable. The officers of the board shall hold their offices during the pleasure of the board. No member of the board of education shall be eligible to the office of superintendent or to the position of teacher therein. Officers of board. Election of. Bond of treasurer. Board to serve without compensation. Except secretary and treasurer. SEC. IV. Be it further enacted, That the said board of education shall keep regular minutes of its [Illegible Text] to be [Illegible Text] by the president and by the secretary for the time, which shall at all times be open to inspection by the mayor and council or any citizen of said town. The board of education shall furnish the mayor

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and council, from time to time, an estimate of the funds required for the maintenance of said schools, and shall make a report annually in writing to the mayor and council by the first Monday in August, giving the condition of the public schools, the attendance thereon, the receipts and expenditures for the school year ending July 31st, with such other information and recommendations as they may deem proper, which said report shall be published in the town as the mayor and council may direct. Minutes of board. Estimates of funds necessary. Annual reports. SEC. V. Be it further enacted, That the revenues derived from the town of Eastman from the following sources shall be appropriated to provide school-houses as aforesaid and the support and maintenance of said public schools, and shall be as collected by the corporate authorities of said town, turned over to the board of education, to wit: 1st, the sale of the bonds, as hereinafter provided for; 2d, the mayor and council shall levy such tax upon all the property of said town subject to taxation as will be sufficient, when added to the sums received from other sources, to support and maintain said schools for at least nine scholastic months in each year, and shall collect the same by the first day of January each year and pay it to said board of education; but said tax shall not exceed one-half of one per cent. per annum upon all the taxable property, and no part of said school tax shall be used for any other purpose than in the support and maintenance of the public schools, or providing furniture and building therefor, or paying the bonds hereinafter referred to and the accruing interest thereon; and of the funds thus paid over to said board, the said board of education shall make such distribution and division between the white and colored children of said town as they shall deem equitable and just. Collection and use of school revenues. Bonds. School tax. Amount and use of. Division of funds between white and colored children. SEC. VI. Be it further enacted, That the said board shall be entitled to receive (and it shall be the duty of the county school commissioner of Dodge county to pay over to the said board when received) the pro rata share of the State school fund for said county belonging to said town, as based upon the total number of children attending the schools of said town. Pro rata of State school fund. SEC. VII. Be it further enacted, That the authority is hereby granted to the trustees of Eastman academy to convey to said board of education all the property held by them, said property, when so conveyed, to be used by said board of education for school purposes exclusively for the white children of said town; and authority is also granted to the trustees of any precinct or future colored school in said town to convey to said board property, buildings, or furniture for the exclusive use of the colored children of said town. Trustees Eastman Academy may convey to board property held by them. Similar authority given to trustees of colored schools.

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SEC. VIII. Be it further enacted, That said board of education shall provide separate schools for the white and colored children, which said schools shall be kept open and free during not less than nine scholastic months in each year. All children in said town, between the ages of six and eighteen years of age, whose parents are bona fide residents of said town, shall be entitled to the benefits of said school, under such regulations as the board may provide. Said board may also provide for the admission of children whose parents or guardians are not residents of said town, upon the payment of such rates as the board, in its discretion, may prescribe. Said board shall provide for the admission of children who reside out of said town, and also for the admission of such students residing in said town not within the ages of six and eighteen years of age, upon the payment of such tuition as the board may prescribe. Separate schools for white and colored children. To be open not less than nine months. Who may attend schools. Pupils non-resident or not of school age. SEC. IX. Be it further enacted, That the corporate authorities of the town of Eastman having recommended a system of public schools in said town, the mayor and council thereof are required and authorized to issue bonds not to exceed the sum of ten thousand dollars, of the denomination of one hundred dollars each, to become due and payable at such time or times within thirty years after the date of the issue thereof, as said mayor and council shall determine, and bear interest not exceeding seven per cent. per annum, payable annually; said bonds not to be sold under par. School bonds. Amount, denomination, etc. Not to be sold under par. SEC. X. Be it further enacted, That said bonds shall be signed by the mayor, treasurer, and a majority of the aldermen of said town, and negotiated in such manner as the mayor and council shall determine, and the proceeds turned over to the board of education to be used as hereinbefore provided. Execution of bonds. Disposition of proceeds. SEC. XI. Be it further enacted, That for the payment of said bonds and the interest coupons attached, the faith and credit of the town of Eastman shall be pledged, and the mayor and council of said town are hereby authorized and required to provide by taxation for the payment of said obligation as the same fall due. Payment of bonds. SEC. XII. Be it further enacted, That said board of education shall provide for the building and erection of suitable highschool and academy building, to equip and maintain the same for the benefit of the citizens of said town, and to commence the erection of said building immediately after the bonds provided for in this Act are negotiated and sold. High school and academy building. SEC. XIII. Be it further enacted, That the mayor and council of said town shall provide annually for an election to be held in Eastman until the provisions of this Act are adopted. Said election shall be held and returns made thereof as elections are now held for mayor and council. All persons voting in said elections

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shall have written or printed on their ballots For bonds or Against bonds; and if it shall appear that two-thirds of the qualified voters of said town (the election of mayor and council last preceding being taken and considered to determine the number of voters in said town) have voted for bonds, thence and thenceforward this Act becomes of full force and effect. Election as to adoption of this Act. Conduct of, etc. Ballots. Majority necessary. 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 15, 1894. FORT GAINES, PUBLIC SCHOOL LAW FOR. No. 127. An Act to establish a public school system for the town of Fort Gaines, Georgia; to appoint a board of education for said town; to provide for raising revenues to maintain said school; to provide for acquiring property and buildings; to authorize and require the county school commissioner of Clay county to pay to the board of education of said town such part of the State school funds as may be the pro rata share for all the children attending said school, and for other purposes. SECTION I. The General Assembly of Georgia do enact, That within ten days after this Act shall be ratified by the voters of the town of Fort Gaines, Georgia, as hereinafter provided, the mayor and council of Fort Gaines shall elect by ballot from the citizens of said town, who shall be freeholders therein, five persons, who shall constitute the board of education for said town. At said election one of said persons shall be elected for a term of two years, two for four years, and two for six years, and thereafter their successors shall be elected for terms of six years. All vacancies in said board from death, resignation, removal from the town, or otherwise shall be filled by the mayor and council at their first regular meeting after said vacancy occurs. Election of board 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; to establish such schools as they may see proper; to prescribe the curriculum, appoint, and employ teachers for said schools, and a superintendent of the same if deemed necessary; to suspend or remove such teachers and superintendent; to fix their compensation; to provide school-houses by rent, building, purchase, or otherwise, in the discretion of said

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board; to make and hold titles to any such property; and to make such by-laws, rules, and regulations for their own government and that of the superintendent, teachers, and pupils of said schools as they may deem proper and not in conflict with the laws of this State; and to do any and all acts promotive of the best educational interest of said town not in conflict with the provisions of this Act or the laws of this State. Power and duties 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. The treasurer shall be elected from said board and shall give bond, with good security, in such sum as the board may fix. His compensation, if the board shall deem it proper to allow him any, shall be fixed by the board previous to his election. All the officers of said board shall hold their offices at the pleasure of said board. No member of the board of education shall be eligible to the office of superintendent of schools or to the position of teacher therein. They shall serve without compensation. Officers of board. Treasurer, bond of, etc. Officers of board to hold at its pleasure. Members of board may not be superintendent, [Illegible Text] teacher. SEC. IV. That said board of education shall keep regular minutes of the proceedings, and shall furnish from time to time to the mayor and council an estimate of the funds required for the maintenance of said schools, and shall make a report annually on the first Monday in August to said mayor and council of the condition of the public schools, the attendance thereon, the receipts and expenditures for the school year, ending July 31st, with such other information and recommendations as they may deem proper, which report shall be published in any newspaper published in said town. Minutes. Estimate of funds necessary. Annual report. SEC. V. The mayor and council shall levy such tax upon all the property in said town subject to taxation as will be sufficient, when added to the town's pro rata share of the State school fund, to support and maintain said school for at least nine scholastic months in each year, and shall collect the same by the first day of May and pay it to said board of education; provided , that said tax shall not exceed one-half of one per cent. per annum upon said taxable property. No part of said school tax shall be used for any other purpose than in the support and maintainance of public schools, or in providing furniture or buildings therefor. School tax. Amount of. Use of proceeds. SEC. VI. That said board shall be entitled to receive, and it shall be the duty of the county school commissioners of Clay county to pay over to the said board, when received, the pro rata share of the State school fund for said county belonging to said town, as based upon the total number of children of school age whose parents or guardians live within said town. Pro rata State school fund.

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SEC. VII. That authority is hereby granted to the trustees of the Fort Gaines Male and Female Academy to convey to said board of education the property, furniture, and buildings now held by them; said property, when so conveyed, to be used by said board for school purposes, exclusively for the white children of said town and that authority is also granted to the trustees of any present or future colored school in said town to convey to said board property, buildings, or furniture for the use of colored children of said town. Trustees Ft. Gaines Academy may convey property, etc., to board. Similar authority given to trustees colored schools. SEC. VIII. Be it further enacted, That said board of education shall provide separate schools for the white and colored children, which said schools shall be kept open and free during not less than nine scholastic months in each year. All children in said town between the ages of six and eighteen years of age, whose parents or guardians are bona fide residents of said town, shall be entitled to the benefits of said schools, under such regulations as the board may provide. Said board may also provide for the admission of children whose parents or guardians are not residents of said town, upon the payment of such reasonable rates of tuition as said board may prescribe. Separate schools for white and colored children. Who may attend schools. Non-resident pupils. SEC. IX. Be it further enacted, That the mayor and council shall, within thirty days after the approval of this act, order an election, of which notice shall be given in any newspaper published at Fort Gaines for three weeks, and which shall be conducted as are elections for mayor and council in said town, and at which election the qualified voters resident within the corporate limits of said town shall be entitled to vote. At said election said voters shall have written or printed on their ballots For public schools, or Against public schools, and this Act shall not become operative unless two-thirds of the persons qualified to vote in said election shall cast their ballots For public schools. The mayor and council may order other election on the same question from time to time; provided , that said election, shall not be held oftener than once in twelve months. Election as to adoption of this Act. Notice of. Conduct of. Qualification of voters. Ballots. Majority necessary. Other elections. SEC. X. Be it enacted, That all laws and parts of laws in conflict herewith be, and the same are, hereby repealed. Approved December 12, 1894.

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FORT VALLEY, PUBLIC SCHOOL LAW FOR, AMENDED. No. 54. An Act to amend an Act approved September 28, 1889, entitled an Act to establish a system of public schools for Fort Valley, etc., by providing that the county school commissioner of Houston county shall be authorized and required to treat the public schools of Fort Valley as part of the system of public schools of the county of Houston in the distribution of the public school money, 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 described Act be amended as follows: After the last word of section 6 of said Act add the following as part of said section: For all purposes in the distribution and apportionment of the public school money by the county commissioners of said county, said public schools of Fort Valley shall be a part of the public school system of the county of Houston, and all children of school age, resident in said county and attending the public schools of Fort Valley, shall be entitled to have their share of said public school money paid for them to the public schools of Fort Valley in the same manner and to the same extent as if attending any other of the public schools of said county, so that said section, when amended, shall read as follows: Section 6. Be it further enacted, 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 of Fort Valley, the pro rata share of the State and county school fund coming to said city according to the number of pupils of school age in said public schools of said city; said amount so paid over to be expended under the direction of the board of school commissioners for the purposes hereinbefore specified, to wit, for the maintenance and support of said public schools of Fort Valley. For all purposes, in the distribution and apportionment of the public school money by the county commissioners of said county, said public schools of Fort Valley shall be a part of the public school system of the county of Houston, and all children of school age, resident in said county and attending the public schools of Fort Valley, shall be entitled to have their share of said public school money paid for them to the public schools of Fort Valley in the same manner and to the same extent as if attending any other of the public schools of said county. Sec. 6, Act [Illegible Text] 28, 1889, amended. Children resding in county and attending schools of Fort Valley entitled to their share public school fund. 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 15, 1894.

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MADISON, PUBLIC SCHOOL LAW FOR. No. 21. An Act to establish a system of public schools in the city of Madison, Morgan county, Georgia, and to provide for the support and maintenance and government of the same; to authorize the mayor and council of said city to issue bonds of said city, after submitting the same to the qualified voters thereof, for the purpose of constructing and furnishing school-houses in said city for the white and colored people thereof, and for the purpose of purchasing suitable real estate for such houses and for maintaining said schools; to provide for the payment of the principal and interest on said bonds by local taxation; to provide for a registration of voters at elections held under this Act, and for other purposes. SECTION I. The General Assembly of Georgia do enact, That from and after the passage of this Act there shall be established in the city of Madison, in this State, a system of public schools, to be established, conducted, maintained, supported, and provided for in the manner prescribed in this Act. Public school system to be established, etc. SEC. II. Be it further enacted, That in conformity to the provisions of article 8, section 4, paragraph 1 of the Constitution of said State, an election shall be held in the city of Madison on the date to be appointed by the mayor and council of said city of Madison, on the question of local taxation for the support of said system of public schools, and all persons resident in said city, who are qualified to vote in the general elections of said city for mayor and councilmen, and who shall have been registered as hereinafter provided, shall be entitled to vote in said election. All persons who favor such local taxation for public schools shall have written or printed on their ballots the words For public schools, and those opposed to such taxation shall have written or printed on their ballots the words Against public schools; and if two-thirds of the qualified voters of said city qualified to vote at said election shall vote for public schools, then it shall be the duty of the mayor and council of Madison annually to raise by taxation a sum sufficient to carry out the provisions of this Act. If two-thirds of the qualified voters of said city, qualified to vote at said election, do not vote for public schools, the mayor and council may order other elections, as provided for in this section, annually, until the provisions of this Act shall be adopted. Notice of said election shall be advertised by the clerk of the council of Madison in the official organ of the city for thirty days preceding said election. Election as to schools. Qualifications of voters. Ballots. Majority necessary. School tax. Other elections. Notice of election.

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SEC. III. Be it further enacted, That within thirty days after this Act shall have been ratified by the qualified voters of the city of Madison, as herein provided, the mayor and council of the city of Madison shall elect by ballot from the citizens of said city five persons, who shall constitute a board of education for said city, and all elections thereafter be held on the first Monday in January of each year. The terms of office of the members of said first board of education so elected at said election shall be as follows: Two of the members of said first board shall hold office until the first Monday in January after their election; two shall hold office until the first Monday in the second January after their election, and one shall hold office until the first Monday in the third January after his election, and thereafter the term of office of each member of said board shall be three years, unless elected to fill an unexpired term or until his successor is elected and qualified. All vacancies in said board from death, resignation, removal from the city, or otherwise shall be filled by said mayor and council at their first regular meeting thereafter; provided , no person shall be eligible to said board who is not of age or who has not resided in said city for twelve months next preceding his election. Said board of education shall be a body corporate and politic, with perpetual succession, under the name and style of the Board of Education of Madison, Georgia, with the right to take and hold to it and its successors, for the city of Madison for educational purposes, any property, personal or real, or money that it may acquire by purchase, donation, or otherwise, with the right to sue and the liability of being sued. Elections of board of education. Terms of office. Vacancies. Qualification for membership. Board to be corporate. Corporate name and powers. SEC. IV. Be it further enacted, That within ten days from the date of their election, said board of education shall organize by electing a president, vice-president, and 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 said board from their own body, except the treasurer and secretary, who shall give bond with good and sufficient security, payable to said board and its successors, conditioned for the safe keeping and proper disbursement of the funds placed in his charge as such treasurer, in such sum as the board may fix, not to be less than double the established amount of funds to be handled by him during each year. His compensation shall be fixed by the board previous to his election. It shall not be lawful for said treasurer to pay out any funds except upon order of the board of education. The secretary shall keep a record of all the acts and doings of the board, which record shall be open to inspection by any person interested therein. All the officers of said board shall hold their office at the pleasure of said board. No member of said board of education shall be eligible to

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the office of superintendent of schools, nor to the position of teacher therein, nor to the office of mayor or councilman of said city. Said board shall serve without compensation. A majority of said board shall constitute a quorum for the transaction of business. Officers of board. Bond of secretary and treasurer. Compensation of. Funds not to be paid out except upon order of board. Minutes of board. Officers to hold at pleasure of board. Board to have no compensation. Quorum. SEC. V. Be it further enacted, That said board of education, as early as practicable after their election, shall proceed to put in operation a system of public schools in said city of Madison, and shall have authority to modify the same from time to time; to establish such schools as they may see proper to prescribe; to adopt such rules and regulations as may be necessary for the successful conduct of such schools; to elect annually principals and teachers for said schools and fix their salaries; to prescribe the course of study and also the text-books and books of reference to be used in said schools; to determine the length of the scholastic term and the time of beginning and closing said schools; to suspend or remove the teachers employed in said schools; to build, purchase, lease, or rent at least one school-house each, for the white children and colored children of said city; to furnish said school-houses with such furniture, apparatus, appliances, and other conveniences and property as may be necessary for the purposes of said schools; to make and hold title 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 as they may deem proper and not in conflict with the laws of this State, and to do any and all acts promotive of the best educational interest of said city not in conflict with this Act or the laws of this State. Duties and power of board. SEC. VI. Be it further enacted, That all children between the ages of six and eighteen years of age, whose parents, guardians, or natural protectors bona fide reside within the corporate limits of said city, shall be entitled to the benefit of said schools. But the board of education may require each child entering such schools to pay a matriculation fee not exceeding five dollars per year, in such instalments as they may direct. Children of like ages, whose parents, guardians, or natural protectors reside out of said city, and children of any other age, whether residents of said city or not, may be admitted into said schools, on such terms and rules as to matriculation and tuition as said board may prescribe. The funds arising from this source shall be applied to the maintenance of said schools. Who may attend schools. Matriculation fee. Pupils non-resident or not of school age. SEC. VII. Be it further enacted, That the white and colored children shall be taught in separate schools. Separate schools for white and colored children. SEC. VIII. Be it further enacted, That the mayor and council of said city may, in their discretion, appoint annually a superintendent for said schools, and shall have the authority to fix his salary, to prescribe his duties, and to suspend or to remove him for malfeasance or misconduct in office. Superintendent of schools.

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SEC. IX. 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 mayor and council an estimate of the funds required for the maintenance of said schools, and shall make 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, and such other information and recommendations as they may deem proper, which report shall be published in the official organ of the city. Minutes of board. Estimates of funds necessary. Annual reports. SEC. X. Be it further enacted, That said board of education shall, as soon as practicable after their election, submit to the mayor and council an estimate of the amount of money needed by them to operate the public schools for at least nine scholastic months; and it shall be the duty of the mayor and council, as soon thereafter as practicable, to levy and collect such amount by taxation, and no tax shall be levied or collected for this purpose until such estimate has been so submitted. After the first assessment has been levied and collected as herein provided, the annual estimate shall be submitted by said board of education on or before the first day of [Illegible Text] of each year, and such assessments shall be levied and collected in the manner and at the time other taxes are levied and collected for city purposes; provided , that no tax collected for the support of said public schools shall exceed three-tenths of one per cent. Said mayor and council shall pay over to the treasurer of said board of education such tax when levied and collected for the support of said schools. Said mayor and council shall have the authority to appropriate the special taxes collected by said city from any source whatever to the maintenance of said schools. Estimate of amount necessary to operate schools at least nine months. School tax. Annual estimates and levies. Amount of tax. Disposition of proceeds. Appropriation of special taxes to schools. SEC. XI. Be it further enacted, That the county school commissioner of said county of Morgan shall pay to the treasurer of said board of education, annually, the pro rata part of the State school fund due to the city of Madison, to be estimated according to the ratio that the school population of said city bears to the school population of said county, as shown by the latest school census, and also the amount of said State school fund due to non-resident children attending said schools, as shown by the reports of the superintendent of said schools, approved by said board of education. Pro rata State school fund. SEC. XII. Be it further enacted, That for the purpose of enabling the board of education to purchase, lease, or rent suitable real estate, and to purchase, build, or repair suitable school-houses, and to supply the same with furniture, apparatus, appliances, and conveniences provided in this Act, the mayor and council of the city of Madison are hereby authorized to issue bonds of said city not exceeding in amount the sum of seventy-five thousand dollars, of such denominations as the mayor and council may deem most

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advantageous for negotiation, to become due and payable at such time or times, not longer than twenty years after the issuing thereof, as said mayor and council may determine, and to bear interest not exceeding seven per cent., and payable annually at such time and place as said mayor and council may determine. Said bonds shall be signed by the mayor and countersigned by the treasurer of said city, and shall bear the corporate seal of the city; shall have coupons attached to them for each instalment of interest, which coupons shall be signed by the treasurer of said city, and the principal and interest coupons shall be paid at maturity. Said bonds, when so issued, shall not be sold for less than par, and only so much of the same shall be issued, sold, or negotiated as said board of education may require for the purposes specified herein and the mayor and council may deem necessary. Before issuing said bonds, the question of issuing the same shall be submitted to the voters of the city of Madison, on a day to be designated by the mayor and council, notice of which shall be published in the newspaper in which the sheriff's advertisements for the county of Morgan are published, thirty days before the election. The same qualifications shall apply to the voters as provided in section 2 of this Act. All persons voting in said election shall have written, or printed, on their ballots the words For bonds, or the words Against bonds; and if two-thirds of the qualified voters of said city, qualified to vote at said election, to be ascertained according to the provisions of section 508(i) of the Code of Georgia of 1882, shall be for bonds, the mayor [Illegible Text] council shall issue said bonds. And for the purpose of providing for the payment of the interest on the bonds so issued and negotiated, as well as to provide for the payment of the principal when the same may become due, the mayor and council are authorized and required to levy and collect such tax annually upon the taxable property in said city as will be necessary to carry out the provisions of this section; and said mayor and council shall also provide a sinking fund for the redemption of said bonds as the principal thereof shall become due. Said mayor and council shall have the right, after five years, to retire one-half of said bonds, and at the expiration of the succeeding five years shall have the right to call in and retire the remainder of said bonds. Said bonds shall have printed on their face the right of said city to call in the same in the manner and at the time specified. School bonds. Amount, denomination, etc. Maturity. Rate of interest, etc. Execution of. Coupons. Bonds not to [Illegible Text] sold for less than par, etc. Election as to issuing bonds. Notice of. Qualification of voters. Ballots. Majority necessary. Payment of bonds. Tax for. Sinking fund. Retiring bonds. SEC. XIII. Be it further enacted, That authority is hereby granted to the trustees of the Madison High School to convey to said board of education the property, furniture, and building now held by them; said property, when so conveyed, to be used for school purposes, exclusively for white children; and authority is granted to the trustees of any present or future colored school in

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said city to convey to said board property, buildings, or furniture for like use of colored children. Trustees Madison High School may convey property to board of education. SEC. XIV. Be it further enacted, That prior to any election hereafter had under the provisions of this Act there shall be a registration of the persons qualified to vote at such election, which registration shall be closed fifteen days prior to the day of the election. Said registration shall be made by the clerk of the council of said city as registration for general elections in said city. No person shall be allowed to register who is not a bona fide resident of said city, and who is not otherwise qualified to vote in the general election of said city. A list of the persons registered for said election shall be posted at the courthouse door for ten days previous to said election. It shall be lawful for any tax-payer of the city to contest the legality of the registration of any voter by filing notice thereof with the mayor of said city, with the grounds thereof after the close of said registration and not less than five days before the election. The mayor and council shall proceed in a summary way to hear such contest, and shall, after due notice to the person whose right to register is contested, have the right to direct the names of such persons found to be illegally registered to be stricken from said list. The decision of said mayor and council shall be final. Said registration so made shall be conclusive as to who are the qualified voters of said city of Madison and entitled to vote at said election. The clerk of the council shall, on the day appointed for an election under this Act and before the polls are open, furnish to the superintendents of said election a list of the persons registered for said election arranged in alphabetical order. Any person who shall vote at any election held under this Act who is not entitled to vote shall be guilty of a misdemeanor, and, on conviction, shall be punished as prescribed in section 4310 of the Code of Georgia. Registration of voters. When to be closed. By whom and how to be made. Who may register. Registration list to be posted. Contests as to registration. Registration conclusive of right to vote. Registration lists to be furnished election managers. Illegal voting. SEC. XV. 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; and the qualifications of the voters at said election shall be the same as at other elections, except that no person shall be allowed to vote at any election held under this Act who is not specially registered for said election. The superintendents of said election shall make returns thereof to said mayor and council, who shall open the said returns in open session at twelve o'clock M. on the day next succeeding the election and declare the result thereof, which shall be entered on the book kept by said mayor and council for the record of their proceedings. General regulations as to elections. Qualifications of voters. Election returns. Declaration of result. SEC. XVI. Be it further enacted, That no fund raised under section 12 of this Act, except the sums set apart for the payment of the principal and interest on said bonds, shall be paid out by the city treasurer, except upon such claims for property purchased,

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rented, or leased, or work done, as shall have been audited by the board of education and approved by the mayor and council of said city. It shall be the duty of said mayor and council to examine each account or claim submitted to them for approval, and unless satisfied of its correctness, it shall be the duty of the mayor to call a meeting of the council of said city, and to notify the board of education of the time and place of meeting, to decide upon the correctness and justness of such claim. When funds may be paid out. Account to be examined, 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 11, 1894. MIDDLE GEORGIA MILITARY AND AGRICULTURAL COLLEGEMAYOR OF MILLEDGEVILLE ADDED TO LOCAL BOARD OF TRUSTEES. No. 74. An Act to amend an Act to provide for a local board of trustees for the Middle Georgia Military and Agricultural College, and for the manner of filling vacancies and subjecting the acts of the said board to the approval or disapproval of the Board of Trustees of the University of Georgia, approved October 17, 1879, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That section 1 (1) of the above recited Act be amended by striking out the word and before the words Samuel Walker, in the fourth line of said section, and inserting after the words Samuel Walker, in the fourth line of said section, the following: and the mayor of the city of Milledgeville, by virtue of his office, so that the said section, when amended, will read as follows: That J. A. Green, D. B. Sanford, A. Joseph, T. A. Whitaker, R. C. Rubner, J. N. Moore, L. Carrington, F. C. Furman, C. P. Crawford, Samuel Walker, and the mayor of the city of Milledgeville, by virtue of his office, are constituted a local board of trustees of the Middle Georgia Military and Agricultural College. That said board be authorized to elect one of their number president and another of their number secretary and treasurer of the board. That a majority of the members of the said board shall constitute a quorum to do business. That all vacancies in said board or its officers shall be filled by said board. That said board shall enter upon a proper book minutes of its acts, which shall be attested by the presiding officer and countersigned by its secretary.

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That said minutes shall be annually submitted to the board of trustees of the University of Georgia at the annual session of the board of trustees of said University of Georgia, on the Friday preceding the annual commencement of said university. That all acts of said local board of trustees shall be subject to the approval or disapproval of the board of trustees of the University of Georgia, and any act disapproved shall be null and void. Sec. 1 of Act of Oct. 17, [Illegible Text] [Illegible Text] Mayor of [Illegible Text] to be one of [Illegible Text] [Illegible Text] of [Illegible Text] Section as [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 December 17, 1894. PERRY, PUBLIC SCHOOL LAW FOR, AMENDED. No. 111. An Act to amend an Act entitled an Act to establish a public school sytem for the town of Perry, Georgia; to appoint a board of education for said town; to provide for raising revenue to maintain said schools; to authorize and require the county school commissioner of Houston county to pay over to the board of education of said town such part of the State school fund as may be the pro rata share for all the children attending said schools, and for other purposes, approved September 26, 1889, and published on pages 1295, 1296, 1297, and 1298 of Georgia Laws of 1889, by striking from section 5 of said Act all thereof between the word third, in the thirteenth line thereof, and the word fourth, in the twentieth line thereof, and substituting for said portion stricken the following words: The county school commissioner of Houston county is hereby authorized, and empowered and required to pay over to the secretary and treasurer of the said board of education the pro rata share of the State school fund for Houston county for each child between the ages of six and eighteen years attending the schools established by said board, whose parents or guardian or natural protector is a resident of the town of Perry or of Houston county; said pro rata to be determined from the average attendance upon schools established in said town and the average attendance upon the public schools of said county of Houston outside of said town, including the average attendance upon the public schools in Fort Valley. Said pro rata to be paid upon the presentation by said secretary and treasurer of a list of the pupils who have attended said schools in Perry, with the number of days each attended school certified to by the principals of said schools, and for other purposes.

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SECTION I. Be it further 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 Act to establish a public school system for the town of Perry, Georgia; to appoint a board of education for said town; to provide for raising revenue to maintain said schools; to authorize and require the county school commissioner of Houston county to pay over to the board of education of said town such part of the State school funds as may be the pro rata share for all children attending said schools, and for other purposes (which said Act is published in the Georgia Laws 1889, on pages 1295, 1296, 1297, and 1298), be, and is, hereby amended by striking from section 5 of said Act all thereof between the word third, in the thirteenth line thereof, and the word fourth, in the twentieth line thereof, and substituting for said portion stricken the following words: The county school commissioner of Houston county is hereby authorized, empowered, and required to pay over to the secretary and treasurer of said board of education the pro rata share of the State school fund for Houston county for each child between the ages of six and eighteen years attending the schools established by said board, whose parents or guardian or natural protector is a resident of the town of Perry or of [Illegible Text] county; said pro rata to be determined from the average attendance upon schools established in said town and the average attendance upon the public schools of said county of Houston outside of said town, including the average attendance upon the public schools in Fort Valley. Said pro rata to be paid upon the presentation by said secretary and treasurer of a list of the pupils who have attended said schools in Perry, with the number of days each attended school, certified to by the principals of said schools, so that said section 5, when amended, shall read as follows: Section 5. Be it further enacted, That the necessary funds for establishing, conducting, maintaining, and supporting said public schools shall be derived as follows, to wit: First, the town council of Perry is hereby authorized, empowered, and required to levy each year, after the passage of this Act, a special tax, as the board of education shall recommend, not to exceed three-fourths of one per cent. on all the property in said town subject to taxation by said town; to collect said tax and pay over the same to the secretary and treasurer of said board of education. Second, the town council of Perry is hereby authorized, empowered, and required to pay to the secretary and treasurer of said board of education all sums collected by the town authorities for licenses of all kinds for special taxes on businesses of any and all kinds. Third, the county school commissioner of Houston county is hereby

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authorized, empowered and required to pay over to the secretary and treasurer of the said board of education the pro rata share of the State school fund for Houston county for each child between the ages of six and eighteen years, attending the schools established by said board, whose parents or guardian or natural protector is a resident of the town of Perry or of Houston county; said pro rata to be determined from the average attendance upon schools established in said town and the average attendance upon the public schools of the said county of Houston outside of said town, including the average attendance upon the public schools in Fort Valley. Said pro rata to be paid upon the presentation by said secretary and treasurer of a list of the pupils who have attended said schools in Perry, with the number of days each attended school, certified to by the principals of said schools. Fourth, the said board of education shall require each child, upon entering said schools, to pay to said board an incidental fee in cash of not more than $10 nor less than $3 per scholastic year; and that no child shall attend said schools or enjoy the benefits thereof in any manner until the required fee shall have been paid. Sec. 5 of Act of Sept 26, [Illegible Text] amended. Provision thereof as to pro [Illegible Text] of [Illegible Text] school [Illegible Text] [Illegible Text] [Illegible Text] therefor. Pro [Illegible Text] share of State school fund to be [Illegible Text] to board of education. How pro [Illegible Text] [Illegible Text] to be determined. When to be paid. Section as amended. SEC. II. Be it further enacted, That all laws or parts of laws conflicting with this Act be, and the same are, hereby repealed. Approved December 18, 1894. VIENNA, PUBLIC SCHOOL LAW FOR. No. 56. An Act to amend the charter of the town of Vienna in the county of Dooly so as to authorize the establishment of a system of public schools in said town; to provide revenue for the maintenance of same, and to authorize the issuing of bonds of said town by the corporate authorities thereof for the 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, and it is hereby enacted by the authority of the same, That the mayor and council of the town of Vienna are hereby authorized to levy a tax annually, in addition to that now authorized by law, not to exceed one half of one per cent. on the real and personal property of the town of Vienna, for the purpose of establishing and maintainting a system of public schools in said town; provided , the money so raised by taxation shall be used only for school purposes as in this Act set forth. School tax. Purpose of and use of proceeds.

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SEC. II. Be it further [Illegible Text] by the authority aforesaid, 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 the aggregate sum of five 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 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 sold, issued, and hypothecated for the purpose of purchasing, building, completing, and equipping high school buildings in aforesaid town. Bonds for school buildings, etc. [Illegible Text] denomination, [Illegible Text] rity, etc. [Illegible Text] or. SEC. III. Be it further enacted by the authority aforesaid, 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 mayor and council as a sinking fund for the payment of the bonds and interest maturing the next year. [Illegible Text] [Illegible Text] [Illegible Text] bonds. To be [Illegible Text] levied, etc. Interest coupons. Sinking fund. SEC. IV. Be it further enacted, That said bonds 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 the said bonds shall be used by the mayor and council of said town in building, purchasing, and equipping suitable high school buildings in said town upon such terms and in such locality as said mayor and [Illegible Text] the trustees of said school, appointed as hereinafter designated, may deem best for said town and school. Execution and negotiation of bonds. Use of [Illegible Text] of bonds. SEC. V. Be it further enacted by the authority aforesaid, That the provision 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 purchase, build, and equip high school buildings of said town, shall be separate and distinct questions to be voted upon separately at the same or different elections, as the mayor in his discretion may order, and shall not go into effect or become operative until the questions of establishment of

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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 or elections held for that purpose in accordance with the Constitution of this State, which said election or elections shall be held under an order of the mayor, and shall be advertised for twenty days immediately preceding such election or elections at the court-house in said town and in any newspaper published in said town; provided , that the mayor shall have provided, at the expense of said town the votes to be cast in said election or elections, having written or printed on them: For public schools and Against public schools; For bonds and Against bonds. If the questions submitted at the said election or elections 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 or 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 the questions, or either of them, be decided negatively at such election or elections, the effect shall be only to suspend the operation of the various sections of this Act in relation thereto. Establishment of schools and issue of bonds to be voted on [Illegible Text] At the same or different elections. Elections to be held. Majority necessary. Notice of election. Ballots to be furnished by town. What they shall contain. When tax may be levied and bonds issued. Negative decision at election suspends operation of certain sections of this Act. SEC. VI. Be it further enacted, That if at said election or any future election under section 5 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 3 and 5 of this Act, it shall be the duty of the mayor of said town, upon the written application of twenty-five qualified voters of said town, to order another election which shall be held as required by this Act. Other elections may be held. SEC. VII. Be it further enacted by the authority aforesaid, That any election held under this Act shall be governed by the same rules and regulations as the elections held for mayor and aldermen of the town of Vienna are conducted. Conduct of elections. SEC. VIII. Be it further enacted by the authority aforesaid, That whenever, at an election held to decide whether public schools shall be established in said town, the same shall be decided affirmatively by a two-thirds' vote of the qualified voters of the said town, as required by section 5 of this Act, it shall then be the duty of the mayor and council, as early as practicable after said election, at a regular or called meeting, to elect five trustees from among the citizens of said town, one of whom shall hold his office for one year, two for two years, and two for three years from the date of their election. After said election by the mayor and council, all vacancies occurring in said board by expiration of term of office or otherwise shall be filled by nomination or election by the remaining members

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of said board, subject to the approval of the mayor and council. All elections to fill vacancies caused by terms of members expiring after the said first election by the mayor and council shall be for three years. The members of said board of trustees shall be male citizens of Vienna, twenty-one years of age and of good moral character; provided , that neither the mayor nor aldermen of said town shall be eligible to membership in said board. Election of trustees. Terms of office. Vacancies. Qualifications for trusteeship. Neither mayor nor aldermen eligible. SEC. IX. Be it further enacted by the authority aforesaid, That said board of trustees, when elected as provided for in section eight of this Act, shall have authority to establish and, from time to time modify a system of public schools for the town of Vienna. Said board shall have authority to purchase and rent buildings, appurtenances, and furniture for school purposes, employ teachers, to suspend or discharge them for good cause, to prescribe the terms upon which students are to be received in said schools, and to establish such rules, regulations, and by-laws as they may deem right and proper in maintaining a system of public schools in said town; provided , said regulations are not inconsistent with the Constitution and laws of this State; provided further , that the money raised by this Act or which said board may receive by authority of this Act, shall only be used in giving instruction in the English branches of an education. Said board of trustees shall have authority to provide for a course of instruction for students who desire to engage in studies other than those [Illegible Text] included in an English education; but students who may pursue such studies must pay such fees for tuition as said board may determine is proper, in addition to amounts paid under the system of public schools established by this Act. Power and duties board of trustees. SEC. X. Be it further enacted by the authority aforesaid, That the officers of said board of trustees shall consist of a president, vice-president, and secretary. The treasurer of the town of Vienna shall be ex officio treasurer of said board. Said officers, except the treasurer, shall be elected in such manner and at such time as said board of trustees may determine, and said board shall prescribe the duties of its officers. [Illegible Text] [Illegible Text] [Illegible Text] SEC. XI. Be it further enaoted by the authority aforesaid, That so long as public schools are maintained in the town of Vienna the school commissioner of the county of Dooly is hereby authorized and required to pay over to the treasurer of said board, for the use of the public schools, under such rules and regulations as said board may prescribe, the proportion of the common school fund arising from any source belonging to said town, to be by them expended in the establishment and maintenance of the said public schools, as authorized and directed by the Constitution and laws of this State. [Illegible Text] [Illegible Text] of State school [Illegible Text]

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SEC. XII. Be it further enacted by the authority aforesaid, That it shall be the duty of the mayor and council of the town of Vienna to levy and collect the taxes hereinbefore provided, and keep a separate account of the same to the credit of the public school fund, which fund shall be subject to the order of said board for the support and maintenance of public schools. Said taxes shall be collected by levy and sale, as provided by the charter and ordinances of said town, and no person shall have the benefit of said schools who fails or refuses to pay all taxes assessed against them by said town authorities. Separate account to be kept as to school taxes, etc. Collection of. Persons not paying tax not to have benefit of schools. SEC. XIII. Be it further enacted by the authority aforesaid, That all children whose parents, guardians, or natural protectors have been bona fide residents within the corporate limits of said town for thirty days immediately preceding their application for admission into said schools, shall be entitled to the benefit of said schools. The board may also admit children into said schools whose parents, guardians, or natural protectors do not reside within the corporate limits of said town, upon the payment of such tuition fees as the board may deem reasonable and proper; provided , 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 five hundred dollars by the corporation return or assessment; and provided , all sums arising from these sources shall be used only for the purpose of maintaining said schools. Who may be pupils. Non-resident pupils. Children of non-residents, etc., not excluded, if parent, etc., be or become owner real estate in town, etc. SEC. XIV. Be it further enacted by the authority aforesaid, That said board of trustees shall provide separate schools in which the white and colored children must be taught; said board are authorized to receive all gifts and donations, and appropriate the same to the support and maintenance of the public schools in said town. Separate schools for white and colored children. Gifts, donations, etc. SEC. XV. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 15, 1894.

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WASHINGTON, PUBLIC SCHOOL LAW FOR, AMENDED. No. 26. An Act to amend section 6 of an Act to establish a system of public schools in Washington, Georgia, approved September 14, 1891, so as to provide how the State school fund for Wilkes county shall be apportioned between the public schools of said town and the public schools of Wilkes county, and how the average attendance on said public schools in Washington shall be ascertained. SECTION I. Be it enacted [Illegible Text] the General Assembly of the State of Georgia, That section 6 of an Act to establish a system of public schools in the town of Washington, Georgia, approved September 14, 1891, be, and the same is, hereby amended by adding at the close of said section the following words, to wit: In ascertaining said pro rata share, said fund shall be apportioned according to the average attendance upon the public schools of the town and county, and not on the basis of school population; and in arriving at the average attendance, all pupils between the age of six and eighteen years, who reside in Wilkes county and who attend the public schools in Washington during the free term of said schools, shall be counted; provided , that wherever any such pupil has been in attendance on the public schools of the county outside of Washington during their free term, the number of days of such attendance shall be deducted from the average attendance of such pupils on the Washington schools, so that said sixth section, when so amended, shall read as follows: Be it further enacted, That said board shall be entitled to receive from the county school commissioners 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. In ascertaining said pro rata share, said fund shall be apportioned according to the average attendance upon the public schools of the town and county, and not upon the basis of school population, and in arriving at the average attendance, all pupils between the ages of six and eighteen years who reside in Wilkes county and who attend the public schools in Washington during the free term of said schools, shall be counted; provided , that wherever any such pupil has been in attendance on the public schools of the county outside of Washington during their free term, the number of days of such attendance shall be deducted from the average attendance of such pupils on the Washington schools. Section 6 of Act of Sept. 14, 1891, amended. Method of ascertaining pro rata [Illegible Text] school [Illegible Text] Pupils residing in county and attending public schools in Washington to be counted. Deduction for attendance of such pupils in schools outside Washington. 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 11, 1894.

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TITLE VI . MISCELLANEOUS. ACTS. Dougherty CountyCourt Costs in Misdemeanor Cases. Fulton CountyExaminers of Stationary Engineers. Habersham CountyDrainage. Heard County Furnished with Supreme Court Reports, Codes, and Laws. MilledgevilleBonds to pay Debt for Bonds Issued in Aid of the Georgia Normal and Industrial [Illegible Text] Montgomery and Telfair Counties, Sale of Liquors in. DOUGHERTY COUNTYCOURT COSTS IN MISDEMEANOR CASES No. 34. An Act to require Dougherty county to pay the officers of court the costs now allowed by law in each case convicted and worked in the chain-gang of said county. SECTION I. Be it enacted by the General Assembly of this State, and it is hereby enacted by authority of the same, That the county of Dougherty shall pay to the officers of court prosecuting misdemeanor cases in said county to conviction, the amount of their costs now allowed by law in such cases and such convicts as said county shall take and put to work on the chain-gang of said county. Dougherty county costs in misdemeanor cases. SEC. II. Be it further enacted, That the officers of court in said county, upon conviction for misdemeanor of any person, shall make out a bill of costs in each case, and the same shall be presented to the judge of the court trying such case, who shall examine and approve the same, if correct; and such bill of costs, when so approved by the presiding judge, shall be presented to the treasurer of said county, who shall pay the same out of the general fund of said county or out of such particular funds of said county as the commissioners of roads and revenues of said county may direct; provided , that said officers shall not be dependent upon the fines and forfeitures of said court for the payment of said costs,the above to apply to misdemeanor convicts from both the superior and county

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courts; and where there is no provisions for the payment of the fees of the superior court clerk, he shall receive the fees from the treasurer now allowed him by law for the misdemeanor convicts sentenced from the superior court to said chain-gang. How paid. SEC. III. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 12, 1894. FULTON COUNTYEXAMINERS OF STATIONARY ENGINEERS. No. 30. An Act to provide for the creation for Fulton county of a board of examiners of stationary engineers; to prescribe their powers and duties, and to require all persons who run or operate stationary engines or boilers in said county to obtain license from said board; and to prescribe penalties for running or operating stationary engines or boilers without license; to make it unlawful to employ any but licensed engineers, and to repeal an Act entitled an Act to provide for the appointment of a board of examiners for engineers operating stationary engines or boilers under steam pressure for Fulton county, approved October 24th, 1887, and the Act amendatory thereof, approved November 13th, 1889; and to repeal conflicting laws. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That the commissioners of roads and revenues for the county of Fulton may, in their discretion, elect a board, to consist of three practical and skilled stationary engineers, to be known as the Board of Examiners of Engineers. The term of office of the members of said board shall be three years; but at the first election one member shall be elected for one year, and one member shall be elected for two years, and the third member shall be elected for three years. Said commissioners shall act on the subject of electing or appointing said board at the first regular meeting after the approval of this Act; but if, for any reason, such action should not then be taken, said commissioners may act at a subsequent meeting. Fulton county board of examiners of engineers. SEC. II. Be it further enacted, That said board of examiners of engineers, when appointed, shall take and subscribe an oath before the judge of the superior court or ordinary of said county faithfully and impartially to discharge their duties. Said board, upon taking the oath and qualifying, as [Illegible Text] shall organize and elect one of their number chairman and another secretary, and all official

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acts of the board shall be kept and recorded by the secretary in a book of minutes. Organization of board. SEC. III. Be it further enacted, That said board of examiners of engineers shall give public notice of their organization and of their time and place of meeting, and shall notify all persons engaged in running or operating stationary engines or steam boilers in said county to come forward and obtain license before proceeding to further carry on such business or calling. License of engineers. SEC. IV. Be it further enacted, That said board of examiners of stationary engineers shall have power to issue license to all engineers or assistant engineers who have heretofore been examined and licensed by any other board of similar kind or character in Fulton county; but all new applicants and all who have not been examined shall be examined by said board touching their competency and fitness to do the work, either as engineers or assistant engineers, to run and operate any stationary engine or boiler in said county. Said board may make rules and regulations for the examination of engineers and assistants, which, when approved by commissioners of roads and revenues for said county, shall be of force and binding upon said board and all persons holding or applying for license under it. Examination of engineers. SEC. V. Be it further enacted, That no person shall run or operate any stationary steam engine or boiler in said county of Fulton without a license from said board; and no person shall employ, or cause to be employed, any engineer or assistant engineer to run or operate a stationary engine or boiler in said county who has not secured a license as aforesaid. Only licensed engineers allowed. SEC. VI. Be it further enacted, That any person who shall knowingly employ, or cause to be employed, any person to run or operate a stationary engine or boiler who has not been licensed by said board as a stationary engineer or assistant engineer, or who shall continue to employ such person after notice that he has not been licensed, shall be guilty of a misdemeanor, and, upon conviction, shall be punished as prescribed in section 4310 of the Code of Georgia. Penalty for employing engineer not licensed. SEC. VII. Be it further enacted, That any person who shall, as engineer or assistant engineer, operate and run, or attempt to operate and run, any stationary engine or boiler in said county, without first having obtained license from said board of examiners of engineers, shall be guilty of a misdemeanor, and, upon conviction, shall be punished as prescribed in section 4310 of the Code of Georgia. Penalty against unlicensed engineers. SEC. VIII. Be it further enacted, That said board of examiners of engineers shall have the right to charge, with the approval of said commissioners of roads and revenue, a license fee, to be paid

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by all applicants, and such fee shall be in lieu of all other compensation to said board. License fee. SEC. IX. Be it further enacted, That said board of examiners shall make quarterly reports of their acts and doings to the commissioners of roads and revenue for said county, and of all fees collected by them, and the names of all persons licensed as engineers and assistants. Reports of board of examiners. SEC. X. Be it further enacted, That the Act approved October 24th, 1887, entitled an Act to provide for the appointment of a board of examiners for engineers operating stationary engines or boilers under steam pressure for Fulton county, by the county commissioners, and the Act amendatory thereof, approved November 13th, 1889, be, and the same are, hereby repealed. Other laws on subject repealed. 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 12, 1894. HABERSHAM COUNTYDRAINAGE. No. 138. 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 Habersham county; to compel the owners of the lands in said county through which such streams may flow to remove said obstructions, or provide in what manner the same may be removed when such land-owners neglect or refuse to remove such obstructions, and to provide compensation therefor; to provide for the drainage of the lands in said county through which said 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 lands such drains or ditches shall be cut or extended, and for other purposes. SECTION I. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act, all land-owners in Habersham county, Georgia, shall, during the months of July and August in each and every year, remove from the running streams of waters upon their respective lands all obstructions, including trash, trees, timber rafts, and any other obstructions, except dams erected for the purpose of running machinery, which are excepted from the operations of this Act. Habersham county, removal of obstructions from water-courses.

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SEC. II. Be it further enacted, That should any land-owner in said county of Habersham fail or refuse to remove the obstructions as provided in the first section of this Act, by the first day of September in each year, then and in that event it shall be lawful for any adjoining land-owners, after first giving said land-owners so failing or refusing to comply with this Act ten days' notice of his intention to do so, to enter upon the lands of the owner so failing or refusing, and to remove such obstructions or have the same removed; and that the owner of such land shall be liable to pay to the party removing, or having such obstructions removed, reasonable compensation for such labor, for which he shall have a lien on all the property of the party so refusing, to rank as and to be enforced as other laborers' liens are enforced under the laws. Compensation for removal of obstructions. SEC. III. Be it further enacted, That whenever a running stream is the dividing line between two land-owners, and either of said owners shall fail or refuse to join the other in removing the obstructions, as provided in the first section of this Act, or shall fail or refuse to remove them from his half of said stream, then it shall be lawful for the other, after giving the notice required in the second section of this Act, to enter and remove, or have removed, such obstructions, and for one-half of which he shall be entitled to reasonable compensation, to be collected as provided in the second section of this Act. Where a stream is the dividing line of different land-owners. SEC. IV. Be it further enacted, That whenever the owner of any land in said county of Habersham 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 lands, then and in that event it shall be lawful for the party desiring to extend such ditches or drains to extend the same through the lands of such adjoining land-owner to a proper outlet at his own expense; and if the lands of such land-owner shall be injured or decreased in value by reason of such ditches or drains, then the party shall receive reasonable compensation from the party so [Illegible Text] for the injury done. In the event the parties cannot agree, the question of such injury shall be submitted to three disinterested freeholders, one to be selected by each of the parties, and the two thus selected shall select the third; and should either of the parties fail or refuse to select an arbitrator as above provided, then the other party may select two, and the two thus selected shall select a third, and they make an award upon the same rules and regulations as are now provided by law touching arbitrations and awards; provided , that nothing in this section shall be so construed as to give any person or persons

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the right or power to take or damage any private property till just and adequate compensation has first been paid. Drainage of land by ditch through adjacent lands. 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 Habersham. Streams that are county lines not [Illegible Text] in this Act. SEC. VI. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 18, 1894. HEARD COUNTY, SUPREME COURT REPORTS, CODES, AND LAWS FURNISHED. No. 133. An Act to authorize the State Librarian to furnish Codes, Form books, and Georgia Supreme Court Reports, and Georgia laws to the county of Heard, and for other purposes. Whereas, On the 10th day of March, 1894, the courthouse in the county of Heard was destroyed by fire, together with the Supreme Court Reports, Codes, and Form books furnished by the State for the use of the officers of said county; therefore, SECTION I. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That the State librarian [Illegible Text], and he is, hereby required to furnish to the ordinary of the [Illegible Text] of Heard, for the use of the county officers and court officials of said county, a full set of Georgia Supreme Court Reports, or so much of a set as he has on hand undisposed of; also, to the ordinary, clerk of the superior court, and sheriff of said county, each a Code of Georgia and a Form book, and also to the ordinary, for the use of the county, copies of the Georgia laws, provided the same are in the library undisposed of. Heard county to be [Illegible Text] with [Illegible Text] Court Reports, Codes, and laws. SEC. II. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 18, 1894.

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MILLEDGEVILLEBONDS TO PAY DEBT FOR BONDS ISSUED IN AID OF THE GEORGIA NORMAL AND INDUSTRIAL COLLEGE. No. 89. An Act to provide for the issue and sale of bonds by the mayor and aldermen of the city of Milledgeville, on the conditions and terms and for the purposes therein named. Whereas, On the 15th day of March, 1890, the mayor and aldermen of the city of Milledgeville caused an election to be held in said city by the qualified voters thereof, by authority of an Act approved November 4th, 1889, to determine whether $22,000 of bonds should be issued and sold by said city, to aid in the construction of the Georgia Normal and Industrial College in said city; and Preamble. Whereas, The result of said election was in favor of issue of the said bonds, the same to bear interest at the rate of 6 per cent. per annum; a part of the principal of said bonds to be paid, as well as the interest, annually, and whole of the balance to mature at the end of thirty years; and Whereas, The said bonds were sold to the highest bidder and [Illegible Text] by the Southern Bank of the State of Georgia at par; and Whereas, The said bank paid to the said city the said sum of $22,000, which was used as aforesaid by the said city and which has been of great benefit to the city; and Whereas, On account of certain irregularities, doubts exist as to the strict validity of said bonds and litigation may arise respecting the same, which the mayor and aldermen, as well as the people generally, of said city, wish to avoid, they, recognizing that, as a matter of justice, apart from the strict legal view of the question, the money so furnished by the said bank should be paid back by the said city, with the interest due and accumulating thereon; and Whereas, Even if the said bonds shall be held by the courts to be illegal, the said municipal corporation ought to be, and probably is, bound in equity to return the money advanced by the said bank with legal interest thereon; SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That the mayor and aldermen of the city of Milledgeville are hereby authorized and empowered to call an election in the manner provided in section 508(i) of the code of this State, to determine the question whether bonds shall be issued by said city to the amount of twenty-two thousand dollars, bearing interest at the rate of six per [Illegible Text]

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per annum, payable annually on the day or days named therein, such portions of the principal of said bonds to be payable annually as the said mayor and aldermen of said city shall determine, and the whole of the principal and interest of said bonds to be payable within thirty years from the issue of said bonds; said bonds to be sold by the said mayor and aldermen to the highest and best bidder, and the proceeds thereof applied to the payment of the interest due to the Southern Bank of the State of Georgia in settlement of the debt due by said city to said bank for twenty-two thousand dollars, furnished by said bank to said city and used by said city in aid of the construction of the Georgia Normal and Industrial College in said city, for which said bank holds the bonds of said city. Election to be held as to issue of bonds. Amount, rate of interest, etc., of bonds. Maturity and sale of bonds. [Illegible Text] of proceeds. SEC. II. Be it further enacted, That said election shall be held at all the voting or election [Illegible Text] within the corporate limits of said city, and in all respects as provided in section 508(j) of the Code of this State, and the result thereof shall be ascertained and declared as provided in said section of the Code. All qualified voters of said city shall be entitled to vote at said election, those voting in favor of the issue and sale of said bonds having printed or written on their ballots the words for bonds, and those voting against the issue and sale of said bonds having printed or written on their ballots the words against bonds. Conduct of election. Ascertainment, etc, of result. Qualifications of voters. Ballots. SEC. III. Be it further enacted, That if the requisite two-thirds of the qualified voters of said city, as required by the Constitution of this State, vote in favor of the issuance of said bonds, to be determined as provided by section 508(i) of the Code of this State, the said the mayor and aldermen of the city of Milledgeville are hereby authorized to issue bonds of said city, amounting, in the aggregate, to the sum of twenty-two thousand dollars, bearing interest at the rate of six per cent. per annum, payable annually, each bond to be for such sum [Illegible Text] the said the mayor and aldermen of said city may determine, such amounts of the principal to be payable annually as may be likewise determined, and the whole principal and interest of said bonds to be payable within thirty years from the issue of said bonds; and shall sell said bonds not less than par, to the highest and best bidder, and apply the proceeds of the sale to the payment of the debt of twenty-two thousand dollars due by said city to the Southern Bank of the State of Georgia, and the interest due and accumulating thereon, being money furnished by said bank to said city and used by said city to aid in the construction of the Georgia Normal and Industrial College in said city, for which debt the said bank now holds the bonds of said city; provided , that before issuing said bonds, the mayor and aldermen of said city shall comply with the requirements of paragraph 2 of section 7 of article 7 of the Constitution of this State. Majority necessary. Bonds to be issued. Amount, rate of interest, maturity, use of proceeds, etc. Par. 2, Sec. 7, Art. 7 of Constitution must be complied with.

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SEC. IV. Be it further enacted, That all Acts and parts of Acts in conflict with this Act are hereby repealed. Approved December 17, 1894. MONTGOMERY AND TELFAIR COUNTIES, SALE OF LIQUORS IN. No. 85. An Act to amend an Act, approved December 24th, 1888, entitled an Act to regulate the sale of spirituous liquors in the counties of Montgomery and Telfair, and to provide a penalty for the violation of the same, by inserting in the first line in the title thereof, after the word spirituous, and before the word liquors in the same line, the words alcoholic, malt, and intoxicating; also, by inserting in the same line of the title of said Act, after the word liquors, the words bitters and drinks, so that the title of said Act, when so amended, shall read as follows, to wit: An Act to regulate the sale of spirituous, alcoholic, malt, and intoxicating liquors, bitters, and drinks in the counties of Montgomery and Telfair, and to prescribe a penalty for the violation of the same; and by inserting after the word spirituous, at the end of the third line of the first section of said Act, the word alcoholic; also, by striking out the word and and inserting in lieu thereof the word or after the word Montgomery, in the fifth line in the first section of said Act, so that the first section of said Act, when so amended, will read as follows, to wit: SECTION I. The General Assembly of the State of Georgia do enact, That from and after the passage of this Act it shall not be lawful for any person, natural or artificial, to sell or vend any spirituous, alcoholic, or malt liquors, or any intoxicating bitters or drink of any kind, in any quantity whatever, in the counties of Montgomery or Telfair, without first complying with the now existing laws of force in said counties prescribing the manner or method of procuring retail license and obtaining a license to retail, and paying therefor the sum of five thousand dollars, according to said law. Montgomery and Telfair counties, sale of liquors in. 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 17, 1894.

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Part IV.Private Laws. ACTS. Relief of A. F. Welborn, Surety of Poley Chastain. Relief of [Illegible Text]. Haddock and R. A. Lavender, Sureties of C. W. Lavender. RELIEF OF A. F. WELBORN, SURETY OF POLEY CHASTAIN. No. 52. An Act to release A. F. Welborn, of Union county, surety on the penal bond of Poley Chastian. Whereas, On the day of May, 1894, a final judgment was entered against said surety, to wit, A. F. Welborn, he being the only surety on the bond of one Poley Chastian, the said Chastian being charged with the offence of misdemeanor in the superior court of Gilmer county; and Preamble. Whereas, Said Poley Chastian did not appear at the May term, 1894, of Gilmer superior court, where said judgment was [Illegible Text], the same being for the sum of one hundred dollars; and Whereas, Since said judgment was rendered, forfeiting said bond as aforesaid, the said Poley Chastian was pursued beyond the limits of the State of Georgia, and captured by his said surety, A. F. Welborn, at considerable expense, and the body of the said Chastian [Illegible Text] turned over to the sheriff of Gilmer county and subsequently placed in the chain-gang, where he is now serving out his sentence; and Whereas, The solicitor-general and other officers of the court are proceeding against the said A. F. Welborn, the surety, to collect the principal and costs on said bond; and Whereas, It would be inequitable and unjust to permit the collection of said judgment against said surety: SECTION I. Be it therefore enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That the said A. F. Welborn, surety as aforesaid, be, and he is, hereby released and discharged from the payment of said judgment (except the costs due the officers of court), and said judgment

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is hereby declared to be void and of no binding force, except as to the costs. Discharge from payment or judgment on bond. Except officers[Illegible Text] costs. SEC. II. Be it further enacted, That all laws and parts of laws in conflict with this Act are hereby repealed. Approved December 15, 1894. RELIEF OF I. HADDOCK AND R. A. LAVENDER, SURETIES OF C. W. LAVENDER. No. 97. An Act to relieve I. Haddock and R. A. Lavender, sureties on the penal bond of C. W. Lavender. Whereas, On the 29th day of October, 1892, a final judgment of forfeiture of the bond of C. W. Lavender was entered against said C. W. Lavender and his sureties, to wit, I. Haddock and R. A. Lavender, said C. W. Lavender being charged with the offence of selling liquor, in the superior court of Clarke county; and Preamble. Whereas, Said C. W. Lavender, the principal, has been delivered to the proper authorities to answer said charge, before said final judgment was entered, and has fully answered thereto; and Whereas, There are good and sufficient legal reasons why said I. Haddock and R. A. Lavender should be relieved from said forfeiture and judgment: SECTION I. Be it enacted by the General Assembly of Georgia, That I. Haddock and R. A. Lavender, of Clarke county, Georgia, securities in the case of W. J. Northen, Governor of Georgia, against C. W. Lavender, principal, and I. Haddock and R. A. Lavender, securities, now pending in Clarke superior court, be, and they are, hereby relieved as such securities, and the judgment and execution declared null and void as to I. Haddock and R. A. Lavender, except as to costs. Sureties relieved from liability on bond. Judgment and execution thereon void, except as to costs. SEC. II. Be it further enacted, That all laws or parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 17, 1894.

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Part V.Resolutions. W. A. RailroadConcerning Controversies. W. A. RailroadSettlement made Confirmed. Error in Bonds of the State, Nos. 1129 and [Illegible Text] Corrected. Cotton States and International Exposition, State Exhibit. Cotton States and International Exposition and Commissioner of Agriculture. Encampment of National Guard or State Volunteers. Lieut. Chas. B. Satterlee, Thanks to. Jas. A. Green, Agent for the State. For Relief of J. H. Brown. For Relief of J. W. Evans. For Relief of Samuel Walker, D. B. Sanford, and A. Joseph. For Relief of London Guarantee and Accident Company. The Mary [Illegible Text] Historical Collection. History of Province of Georgia to Historical Society of Savannah. Revision of Code of GeorgiaOne Copy Required. Revision of Code of Georgia, Committee to Examine. Committee to Equalize Work of Judges of Superior Courts. Committee on Privileges and Elections, Sessions of. Committee on Dedication of Chickamauga Park. Committee on Obstructions in Savannah River at Augusta. Committee to Visit School for Colored Students. Publication of Acts of 1894. Publication of Acts of 1894. Correction of Clerical Errors in Acts Regulating Elections in Savannah. Index for Journals of House and Senate. Completion of [Illegible Text] Business. WESTERN AND ATLANTIC RAILROADCONTROVERSIES CONCERNING. No. 13. Be it resolved by the House of Representatives, the Senate concurring, That the Governor be, and he is, hereby authorized, in his discretion, to create a special commission for the purpose of hearing, considering, and finally determining any and all matters of controversy and issues, both of law and of fact, between the State of Georgia and any person or persons affecting or relating to the Western and Atlantic Railroad, its rights, ways, and properties that may be submitted to it; such commission to consist of three citizens of high character and ability, to be appointed by the Governor, and who shall receive such compensation as may be fixed by him, subject, nevertheless, as to amount, to the approval of the General Assembly at its next meeting. Appointment of commission to hear and determine controversies in relation to W. and A. railroad. Be it further resolved , That such commission so authorized to be created shall have and be vested with all the power and authority of a court of

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law and equity of superior jurisdiction, with further authority to admit in evidence, consult, and consider any and all such writings, papers, documents, and legal records as in their judgment may be pertinent to the issues involved and proper to consult and consider in the particular case, whether or not such writings, papers, documents, and legal records would be admissible in evidence under the strict rules of law; only such force and weight to be given to such writings, papers, documents, and legal records as, under all the circumstances of the particular case, the commissioner shall think right and proper; and the judgment and decree of the commissioner shall be so moulded in each case as to establish and give effect to all the rights and equities of the parties in the subject-matter, and which shall be final and conclusive of all the issues submitted and decided, without right of appeal or exception to either party. Authority of commission. Be it further resolved , That all findings, orders, judgments, and decrees of such commission shall be made subject and without prejudice to the rights of the present lessees of the Western and Atlantic Railroad under the contract of lease, excepting in such cases as the said lessees may voluntarily come in, [Illegible Text] made a party, and submit its rights in the subject-matter to the adjudication of the commission, in which cases it shall be bound by such findings, orders, judgments, and decrees, as are other parties to the cause. Lessees, how affected. Be it further resolved , That in all such cases as may be submitted to such commission, the special attorney for the Western and Atlantic Railroad shall appear for and represent the State as its counsel, for which no extra compensation shall be allowed. Counsel for the State. Be it further resolved , That should such special commission be created, the Governor shall submit to the General Assembly, at its meeting next thereafter, a copy of the findings, judgment, and decree of such commission in each case heard and determined by it; and shall also report the amounts by him allowed the commissioners as their compensation, together with the amount of all other costs and expenses of the proceedings chargeable to the State, which amounts so allowed as compensation and for costs and expenses shall be subject to the approval and ratification of the General Assembly. Governor to report to Legislature. Approved December 18, 1894. SETTLEMENTS OF WESTERN AND ATLANTIC RAILROAD CASES CONFIRMED. No. 23. WHEREAS, The Governor and Attorney-General have, in accordance with the provisions of a joint resolution of the General Assembly, approved December 19, 1893, effected provisional settlements in the following cases connected with the Western and Atlantic Railroad, to wit: Claim of J. M. Veach to seven and three-fourths (7[frac34]) acres of land, known as the Elisha King property, situated at Adairsville; also, claim

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of Arch Howell to Presbyterian church lot at Marietta; also, location main track and depot lot at Acworth; therefore, be it Preamble. Resolved , That the settlements as made be, and the same are, hereby ratified and confirmed, and the special attorney for the Western and Atlantic Railroad is hereby directed to prepare such acquittances, writings, or other documents as are necessary to effectuate such settlements. The same, when prepared, to be signed by the Governor in behalf of the State. Settlements [Illegible Text] in W. A. Railroad [Illegible Text] confirmed. Approved December 17, 1894. FOR CORRECTION OF ERRORS IN STATE BONDS NOS. 1129 AND 1824. No. 7. A Resolution authorizing the Governor to instruct the engravers of the bonds of the State of Georgia, issued under the Act of 1889, to correct the errors in bonds Nos. 1129 and 1824, as pointed out by the State Treasurer in his annual report for the year 1894. WHEREAS, The Treasurer of this State, in his annual report, calls the attention of this General Assembly to an error made by the engravers of that series of the State of Georgia bonds (which were issued under an Act of the General Assembly of 1889), as follows: No. 1129, printed as due January, 1929, when said number is one of a series due January, 1928; and No. 1824, one of the series due in 1935, has no coupons printed thereon to represent the interest due July, 1934, and January, 1935; therefore, be it Preamble. Resolved , That the Governor be authorized to instruct the engraver of the aforesaid series of bonds to change the date of maturity as printed on No. 1129 from 1929 to 1928, so as to make said bond mature January 1, 1928, as directed by the Act of 1889, and to print two coupons on the bond No. 1824 to represent the interest due thereon for July, 1934, and January, 1935, the date of the maturity of this serial number of said bonds as directed by the aforesaid Act of 1889. Errors in bonds of the State to be corrected. Approved December 12, 1894. STATE EXHIBIT AT COTTON STATES AND INTERNATIONAL EXPOSITION. No. 27. A resolution providing for a State exhibit at the Cotton States and International Exposition in 1895. WHEREAS, The Cotton States [Illegible Text] International Exposition is to be held at Atlanta, Fulton county, Georgia, during the months of September, October, November, and December, 1895, which Exposition is to be national and international in its character; and Preamble.

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WHEREAS, By Act of Congress, duly passed and approved by the President, the government of the United States has appropriated $200,000.00 for a display of the resources of the country at large and the erection of a suitable building and the making of a proper exhibit of the resources of the country at said Exposition; and WHEREAS, The city of Atlanta, by its duly constituted authorities, has appropriated the sum of $75,000 to secure a proper building and exhibit for the said city; and WHEREAS, One of the most important purposes of the institution and support of the Agricultural Department of the State government is the collection and exhibition of the material resources of this State; and WHEREAS, The Agricultural Department of said State has collected a large number of valuable specimens of the material resources of this State which are now in the Department of Agriculture in the State capitol; and WHEREAS, It is of the highest importance to the development and progress of the State of Georgia, that a suitable exhibit of its resources, progress, civilization, and limitless natural wealth of mineral, forest, and soil be made and displayed at said Exposition; and WHEREAS, There now remains in the treasury of the State a balance of about $19,000.00 of the $83,031.03 of the direct tax refunded by the Federal government, under the Act approved March 2, 1891; said $19,000.00, consisting of very small separate sums, which in all probability will never be claimed or called for by any one, thus becoming at the end of six years the absolute property of the State according to the provisions of said Act of March 2, 1891; it is therefore 1. Resolved by the House of Representatives of Georgia, the Senate concurring, That the said Agricultural Department is hereby directed to make at said Exposition suitable exhibits of the agricultural and material wealth and progress of this State, and is authorized for said purpose to use the said specimens of agriculture and material wealth now in the possession of said department, and such others as may be necessary to make such suitable exhibit; and for the proper display, care, and preservation of such exhibits upon any grounds which may be tendered for such purpose by the Cotton States and International Exposition Company. State exhibit at exposition. 2. Resolved , That the Commissioner of Agriculture, together with the Governor and other State officials hereafter named, be, and they are, hereby constituted a board or commission to select, procure, prepare, and arrange such exhibits, and make the said exhibit at said Exposition, and protect, care for, and preserve the same. Commission to provide exhibit. 3. Resolved , That the Governor, Attorney-General, Treasurer, Comptroller-General, and State School Commissioner shall be ex officio members of said board, and that the Governor shall be ex officio the chairman, and the Commissioner of Agriculture be the executive officer of said board. Governor, chairman, and Com'r of Agriculture executive officer. 4. Resolved , That the permanent and durable parts of said exhibits be, after the expiration of said Exposition, removed to the capitol and there

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kept either together or distributed to the departments to which, in the judgment of said board, they appropriately belong, as permanent exhibits of the resources and progress of the State. Preservation of exhibits. 5. Resolved further , That the sum of seventeen thousand five hundred dollars, or so much thereof as may be necessary, be, and the same is, hereby appropriated to the Agricultural Department of this State, to be used for the purpose of making an exhibit of the State's resources at the Cotton States and International Exposition to be held in the city of Atlanta in the year 1895. Appropriation for. Said seventeen thousand five hundred dollars herein appropriated shall be paid out of the balance of money remaining in the State treasury of the direct tax refunded by the Federal government under the Act of March 2, 1891, the State of Georgia hereby pledging its faith to make good any part of the said seventeen thousand five hundred dollars that may be called for by parties entitled thereto under the law; provided , nothing herein contained shall be construed as a donation to any private corporation or enterprise, but that said amount shall be recognized and used for an established department of the State only; nor shall it be construed as establishing any precedent for future donation or appropriation to any fair or agricultural society or enterprise of any kind. Proviso. Approved December 12, [Illegible Text]. COTTON STATES AND INTERNATIONAL EXPOSITION AIDED. No. 24. Resolved by the Senate, the House of Representatives concurring, That the Commissioner of Agriculture is hereby authorized to aid the commission having control of the State exhibit to be made at the Cotton States and International Exposition, in collecting exhibits with the service of the inspector of fertilizers and other employees of the Department of Agriculture, when the same can be accomplished without conflict with their official duties or detriment to the service of the department. Commissioner of Agriculture to aid Exposition. Approved December 17, 1894. ENCAMPMENT OF NATIONAL GUARD AND STATE VOLUNTEERS. No. 6. WHEREAS, The events and experience of the past few years have demonstrated the importance and usefulness of the National Guard or State Volunteers of America in aiding the civil power to quell disturbances of the public peace in enforcing the due execution of the laws and protecting the enjoyment of the rights of property in time of public disorder; and Preamble. WHEREAS, It is of the greatest moment that the interest and efficiency

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of that organization be fostered and maintained by the Federal government, and that such objects will be very largely attained and secured by an intestate encampment, drill, and inspection of said National Guard or State Volunteers, under the auspices and direction of the United States government; and WHEREAS, It is proposed by the mayor and citizens of Louisville, Ky., that such national encampment be held in that city from the tenth to the twenty-fifth day of May, 1895; therefore be it Resolved by the General Assembly of the State of Georgia: 1st, That it heartily recommends such national encampment for inspection and drill of the said National Guard or Volunteers of the various States, to be held under the support, auspices, and control of the Federal government, and such rules and orders as it may deem best calculated to foster and maintain the efficiency and usefulness of said National Guard or State Volunteers. Recommending encampment. 2d. That it recommend said national encampment, under such direction, be held at the city of Louisville, in the commonwealth of Kentucky, from the tenth to the twenty-fifth day of May, 1895, inclusive. At Louisville, Ky. Approved December 12, 1894. THANKS TO LIEUTENANT CHARLES B. SATTERLEE. No. 22. WHEREAS, The existence and maintenance of a well organized and disciplined militia is of great value to this State; and WHEREAS, Within the past three years wonderful progress has been made by the militia of the State and great proficiency shown; and WHEREAS, This proficiency and wonderful progress has been largely due to the untiring efforts of First Lieutenant Charles B. Satterlee, 3rd Artillery, U. S. A., who has been on duty in the State for the past three years; therefore, [Illegible Text] it Resolved by the Senate, the House concurring, That the thanks of the people of Georgia be returned to Lieutenant Charles B. Satterlee for his efficient and successful work in behalf of the volunteer troops of this State, and that the Governor be requested to convey to Lieutenant Satterlee the thanks of the people of Georgia for his valuable services. Approved December 17, 1894. JAS. A. GREEN, AGENT TO COLLECT CLAIMS AGAINST THE UNITED STATES. No. 21. WHEREAS, It is probable that the State of Georgia has certain legitimate claims against the United States government, founded in advances made and expenses incurred on account of said United States government

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in 1792, 1793, 1794, and 1796; in the war of 1812; in the Indian troubles of 1817, 1818; in the Florida war from 1834 to 1836; and in the removal of the Cherokee and Creek Indians; and Preamble. WHEREAS, These probable claims have been abandoned and lost sight of by the State; and WHEREAS, With diligent effort the whole or a part of said claims might be recovered; therefore, be it Resolved by the Senate and House of Representatives, That Jas. A. Green, of Milledgeville, be, and is, hereby appointed agent of the State of Georgia to examine into and ascertain if any sum or sums are due the State on said account, and to collect the same. That his Excellency, the Governor, be, and he is, hereby authorized and requested to allow the said James A. Green to examine the archives at the capitol, the muster rolls, and any and all other evidence in his custody or control tending to establish said claims, and to deliver to him all documentary evidence bearing on said claims, and which may be needful in the prosecution thereof. James A. Green appointed agent for the State to collect claims against the U. S. Resolved further , That the said James A. Green be authorized to prosecute said claims against the government either before Congress or the court of claims, as he may think best. Resolved further , That the said James A. Green be allowed to retain fifty per cent. of any sum he may actually recover as compensation for his services. Compensation of agent. Resolved further , That no other fund shall be liable for his compensation or expenses but that actually recovered by him for the State, provided , that nothing contained in the foregoing resolutions shall in any manner be construed as to interfere with the resolution of the General Assembly approved December the 18th, 1893, referring to employment of counsel, or to claim for purchase money for cession of Mississippi territory. Approved December 17, 1894. FOR RELIEF OF J. H. BROWN. No. 8. A Resolution to refund to J. H. Brown the amount paid by him for tax as liquor dealer during the year 1894, and for other purposes. WHEREAS, J. H. Brown, of the county of Chatham, in January, 1894, registered as a liquor dealer and paid the tax of one hundred ($100) dollars for a license as liquor dealer to the tax-collector of said county for a license for the year 1894, and said one hundred dollars has been covered into the State treasury; and Preamble. WHEREAS, The said Brown did not engage in business under said license during the year 1894, and did not use the same in any way, or get the benefit of said tax; therefore, be it To refund liquor [Illegible Text] paid by J. H. Brown. Resolved by the Senate, the House concurring, That the Governor of the State be, and he is, hereby authorized to draw his warrant on the

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State treasury for said sum of one hundred ($100) dollars, for the purpose of refunding the said J. H. Brown the amount paid by him into the State treasury as aforesaid. Approved December 15, 1894. FOR RELIEF OF J. W. EVANS. No. 25. A Resolution for the relief of J. W. Evans. WHEREAS, A resolution was passed by the General Assembly, approved December 17, 1892, for the relief of O. B. Smith, C. C. Wheeler, J. H. Rhinehart, H. F. Evans, and Thomas Wilson, refunding certain license money; said Preamble. WHEREAS, A mistake occurred in said resolution, in that relief was provided for H. F. Evans when it should have been for J. W. Evans, there being no such person as H. F. Evans, and the person intended being J. W. Evans; and WHEREAS, No money has been paid under said resolution to said H. F. Evans, but to each of the others therein mentioned, nor to the true and proper person, J. W. Evans, he being entitled to the same; therefore, be it Resolved by the General Assembly, That thirty-three and one-third dollars be appropriated to J. W. Evans, and that the Treasurer of the State is hereby authorized to pay the same, upon the warrant of the Governor. Relief of J. W. Evans. Approved December 17, 1894. FOR RELIEF OF SAM'L WALKER, D. B. SANFORD, AND A. JOSEPH. No. 18. WHEREAS, Samuel Walker, President of the Local Board of Trustees of the Middle Georgia Military and Agricultural College, as principal, and Daniel B. Sanford and Adolph Joseph, as securities, did, on June 27, 1882, execute a bond for the sum of $1,314.00, payable to Governor A. H. Colquitt, conditioned to safely keep and return to the State, when demanded, the following arms and accoutrements, to wit: Forty (40) Springfield B. L. rifles, caliber 45; forty (40) bayonets; forty bayonet scabbards, steel H., which were furnished by the State to said Middle Georgia Military and Agricultural College; and Preamble. WHEREAS, Said arms and accoutrements were, without fault of the bondsmen aforesaid, destroyed by fire on January 1, 1894, in the fire which destroyed the old capitol building in Milledgeville; therefore, be it Resolved by the Senate, the House of Representatives concurring, That Samuel Walker, President, principal, and Daniel B. Sanford and

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Adolph Joseph, securities, be relieved from all liability on said bond, and that the same be cancelled and returned to the makers thereof. Cancellation of bond. Approved December 14, 1894. FOR RELIEF OF THE LONDON GUARANTEE AND ACCIDENT COMPANY. No. 20. WHEREAS, The London Guarantee and Accident Company, Limited, of London, England, through oversight of one of its clerks, failed to pay to the insurance commissioner by July 1st, last, its one per cent. tax on premiums received, said ta amounting to $29.37, and said company has thereby incurred the penalty of the law; and Preamble. WHEREAS, Said tax was paid within a few days of the time required by law, with proper explanation as to the default; and WHEREAS, Said corporation has been hitherto prompt and faithful in the discharge of its duties to the State under the law, and that said default was not owing to any desire whatever to escape said tax; therefore, be it Resolved by the Senate, the House concurring, That the said London Guarantee and Accident Company, Limited, of London, England, be, and it is, hereby relieved from said penalty. London Guarantee and Accident Company relieved of penalty. Approved December 17, 1894. THE MARY DE RENNE HISTORICAL COLLECTION. No. 9. WHEREAS, Mr. Evard De Renne has bequeathed to the State of Georgia, a valuable collection of books, and the same has been deposited with the State Librarian and will be known according to the request of the donor as the Mary De Renne Historical Collection. Preamble. WHEREAS, Among said books are ten printed copies of the Colonial Acts of Georgia, from 1755 to 1774, and eleven copies of the Journal of the Trustees for establishing the Colony of Georgia; now then, be it Resolved by the House of Representatives, the Senate concurring, That the people of the State of Georgia will ever hold in grateful remembrance the State pride and the great generosity which must have animated Mr. Evard De Renne to make this valuable donation to the State Library. Thanks to Mr. Evard DeRenne. Resolved further , That in order to disseminate more readily the information contained in the Colonial Acts and in the Journals above mentioned, that the State Librarian be, and he is, hereby authorized to deposit with the State University of Georgia, with Emory College, with Mercer University, and with the Georgia Historical Society in Savannah one bound

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copy each of said Colonials Acts and Journals, to be receipted for and held in trust by said institutions subject to the order of the Governor of the State of Georgia as the property of the State, and in event of their loss by fire or otherwise, the same to be replaced if they can be purchased by said institutions. Said volumes to be kept in said institutions as a part of the library of said institutions. Colonial records distribution of. Approved December 15, 1894. COPY OF HISTORY OF PROVINCE OF GEORGIA TO HISTORICAL SOCIETY OF SAVANNAH. No. 4. WHEREAS, Mr. Everhard De Renne, of New York, lately bequeathed certain books, pamphlets, etc., to the State of Georgia, and the same having been received by the State Librarian; and WHEREAS, There are among the books two copies of a History of the Province of Georgia, with maps of original surveys by G. W. De Brahm; therefore, be it Resolved by the House, the Senate concurring, That the Georgia Historical Society of Savannah be made the custodian of one volume of said History of the Province of Georgia, and that the State Librarian be, and he is, hereby instructed to forward to the President of the Georgia Historical Society said volume at the earliest day, with instructions to place said volume in the library of the Georgia Historical Society. Copy of History of Province of Georgia to be furnished to Historical Society of Savannah. Approved December 12, 1894. REVISION OF CODE OF GEORGIA, ONLY ONE COPY REQUIRED. No. 19. Resolved by the House, the Senate concurring, That the commissioners appointed to revise and codify the Code of Georgia shall be required to prepare and file in the executive office but one copy of the manuscript of the civil Code and one copy of the penal Code. Approved December 17, 1894. CODE OF GEORGIA, REPORT OF COMMISSIONERS. No. 14. WHEREAS, The commissioners appointed by the Governor under an Act entitled an Act to provide for the appointment of three commissioners to codify the laws of Georgia; to define the duties and powers of said commissioners; to fix their compensation, and for other purposes, approved

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December 19, 1893, will have completed their work before the next session of the General Assembly of Georgia; and Preamble. WHEREAS, Under said Act, said work of said commissioners must be accepted or approved by the General Assembly of the State; therefore, be it Resolved by the General Assembly, the House of Representatives concurring therein, That a committee of three from the Senate and five from the House of Representatives be, and they are, hereby appointed to carefully examine the work of [Illegible Text] commissioners, and report the result of their examination to the next session of the General Assembly; be it further Committee to examine work of commissioners and report to legislature. Resolved , That if said committee shall accept and approve the work of said commissioners, then, and in that event, said committee are hereby authorized to prepare and draft a bill to be introduced in the General Assembly to approve, adopt, and make of force said work of said commissioners as the Code of laws of this State. Approved December 15, 1894. TO EQUALIZE WORK OF JUDGES OF SUPERIOR COURTS. No. 5. WHEREAS, The work of the judges of the superior courts of Georgia is manifestly unequal; therefore, be it Resolved by the House of Representatives, the Senate concurring, That a committee of five from the House and two from the Senate be appointed to investigate and report at the next session of the General Assembly on the amount of work done in each judicial circuit of the State of Georgia by the judges thereof, and also to report by bill how the work of the circuits can be equalized. Committee to report work done by judges of superior courts. Approved December 12, 1894. COMMITTEE ON PRIVILEGES AND ELECTIONS, SESSIONS OF. No. 12. A Resolution to empower the Committee on Privileges and Elections to sit during the interval between this session and the next session of the Legislature for such time as may be necessary to complete the work of said committee; to fix their pay and appropriate money for the same, and for other purposes. WHEREAS, The Committee on Privileges and Elections, after the most arduous work since the opening of this session of the Legislature to the present time, have been unable to complete the work of considering and reporting upon the many contested election cases submitted to them; and Preamble. WHEREAS, It is highly important that the contested election cases not

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yet reached for consideration should be finally reported upon at the opening of the next session of the Legislature in order that members entitled to their seats may no longer be in doubt or suspense; be it Resolved by the House, the Senate concurring, That the House Committee on Privileges and Elections be, and is, hereby authorized and empowered to meet on the call of the chairman at the capitol at such time as may be deemed best before the opening of the next session of the General Assembly, and to sit from day to day until the work before the committee is completed, final reports thereon to be made by said committee on the first day of the next session. Be it likewise Committee on Privileges and Elections to meet. Resolved , That each member of said committee in attendance upon said session shall receive the usual pay of four dollars per day for each day he attends the meetings of said committee and the usual mileage allowed members of the General Assembly, said sums to be paid upon the approval of the bills by the chairman of the committee out of any funds in the treasury not otherwise appropriated, and the Governor is hereby authorized to draw his warrant therefor. Be it likewise Per diem and mileage of members. Resolved , That all laws and parts of laws in conflict with this resolution are hereby repealed. Approved December 17, 1894. IN RELATION TO DEDICATION OF CHICKAMAUGA PARK. No. 11. A Resolution in relation to the dedication of Chickamauga Park. WHEREAS, The Chickamauga National Park, established by the government of the United States to commemorate the battle of Chickamauga, is located on Georgia's soil, and in the victory won by Southern arms in said battle the number of Georgia troops exceeded that of any other Southern State except Tennessee; and Preamble. WHEREAS, The dedication of said park will occur on September 19, 20, and 21st, 1895, and will be an event of national importance, participated in by the President, Cabinet and Congress and delegations from all States in the Union whose troops were engaged in said battle, and it is but proper that Georgia should officially recognize this occasion and this General Assembly appoint delegates thereto; therefore, be it Resolved by the House of Representatives, the Senate concurring, That a committee of two from each congressional district, twenty-two from the House, be appointed by the Speaker, and a committee of eleven, one from each congressional district, from the Senate, be appointed by the President, of which committees the Speaker of the House and President of the Senate shall be chairman, respectively, to visit said park and attend the dedication ceremonies and report to the next General Assembly, with any recommendations they may see proper to make as to erecting a monument or other suitable marks or memorials to commemorate

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the gallantry of Georgia troops in this, one of the most glorious victories of the Southern arms during the late war; provided , that said joint committee, on making said visitation and report, shall not incur any expense to the State of Georgia for the said visit. Committee to attend, dedication of Chickamauga Park, and report. Approved December 15, 1894. IN RELATION TO OBSTRUCTIONS IN SAVANNAH RIVER AT AUGUSTA. No. 10. Resolved by the House, the Senate concurring, That a joint committee of three from the House and two from the Senate be appointed to visit Augusta, Georgia, before the next session of the General Assembly, and make a thorough investigation touching the alleged obstructions of the Savannah river by the canal dam at said place. That said committee investigate whether or not any ample fishway or fishways in said dam have been provided by the city authorities of Augusta or the proprietors of said canal company, so as to allow the free passage of fish up and down said river, over and through said dam, and if not, the feasibility and propriety of having such fishway or fishways provided by said city authorities or the proprietors of said canal company; also, what is necessary to be done, and what legislation, if any, is necessary to secure the free passage of fish, as aforesaid. That said committee have power to summons witnesses and send for persons and papers if necessary to accomplish the purposes above indicated, and that said committee report to the next General Assembly. Committee to report in relation to obstructions in Savannah river at Augusta. Approved December 15, 1894. VISITORS TO GEORGIA COLLEGE FOR COLORED STUDENTS. No. 15. Resolved by the House, the Senate concurring, That a committee of three (3) from the House and two (2) from the Senate be appointed to visit the school for colored students at College, Georgia, at the commencement exercises of said institution next year. Approved December 15, 1894. PUBLICATION OF ACTS OF 1894. No. 17. Resolved by the Senate, the House concurring, That the Public Printer be, and he is, hereby instructed to proceed at once to publish the Acts of the present session of the General Assembly of 1894. Approved December 17, 1894.

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PUBLICATION OF ACTS OF 1894. No. 26. Resolved by the House, the Senate concurring, That the Public Printer be, and is, hereby authorized to print the Acts and Resolutions passed at this session by the General Assembly, and that the public printer be requested to publish said Acts and Resolutions at the earliest possible date. Approved December 17, 1894. CLERICAL ERRORS IN AN ENROLLED ACT CORRECTED. No. 2. WHEREAS, The enrolled Act of the Act to amend the Act regulating municipal elections in Savannah, which was read the third time in the Senate on November 23, 1894, and passed by the requisite constitutional majority, and read the third time in the House November 29, 1894, and passed by the requisite constitutional majority, and approved by the Governor December 1, 1894, contains several clerical errors, to wit: First. The words A Bill to be entitled appear in the title of said Act. Second. In the tenth line of the second section the word or between the words court and ordinary should be of, the same being written in the engrossed bill; therefore be it Resolved by the Senate, and the House concurring, That said clerical errors be, and the same are, hereby corrected by striking out the words a bill to be entitled from the title of said Act, and by substituting the word of for the word or in the tenth line of the second section. Errors in Act regulating elections in Savannah corrected. Resolved further , That said Act be published as corrected by this Resolution. Approved December 11, 1894. JOURNALS OF HOUSE AND SENATE, INDEX FOR. No. 1. A Resolution providing for indexing the Journals of the House of Representatives and Senate for the sessions of 1894 and 1895. Resolved by the House of Represenatives, the Senate concurring, That J. Troup Taylor, of the county of Fulton, be, and he is, hereby authorized to make indexes for the Journals of the House and Senate for the sessions of 1894 and 1895, and that the State Printer is directed to furnish him advance sheets of said Journals to facilitate the work of indexing and hasten the publication of said Journals. Index to Journals of House and Senate.

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Resolved further , That the Governor is hereby authorized to draw his warrant on the treasury for one hundred and fifty dollars to compensate said Taylor for the work of indexing the said Journals for the year 1894, and a like sum for indexing the Journals of 1895. Compensation for making index. Resolved further , That the payment for the work specified in each year shall be made after the Governor shall have received a certificate of the State Printer certifying that the work has been performed. Approved December 5, 1894. FOR COMPLETION OF UNFINISHED BUSINESS OF SESSION. No. 3. Resolved by the Senate, the House of Representatives concurring, That the President of the Senate and the Speaker of the House of Representatives, the Secretary of the Senate and the Clerk of the House of Representatives be, and they are, hereby authorized to remain at the capitol five days after the adjournment of the General Assembly, for the purpose of affixing their official signature to all bills and resolutions passed previous to said adjournment, and they be allowed their per diem for said time. Signing of bills and resolutions. Resolved further , That the chairman, respectively, of the Enrolling and Auditing Committees of the Senate and House, together with two members of each of said committees, to be designated by the chairman thereof, be, and they are, hereby authorized to remain at the [Illegible Text] for five days after the adjournment of the General Assembly, for the purpose of bringing up the unfinished business of the session, and that they be allowed their per diem for said time. Unfinished business. Approved December 11, 1894.

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INDEX TO PUBLIC LAWS. A AGENCY Revocation by death, insanity, etc. 11 APPROPRIATIONS For support of Government, etc., 1895 and 1896 1 Pensions to soldiers not receiving same for 1894 16 Pensions to widows of soldiers not receiving same for 1894 17 ARSON Of ships, cargo, etc. 106 ASSIGNMENTS For benefit of creditors, Act regulating 90 AUDITORS Appointment, duties, etc. 123 B BANKS Circulating notes, issue of by State 75 Statements of, publication, etc. 77 Stockholders in, liability of, etc. 76 BENEVOLENT INSTITUTIONS Incorporation of, powers, etc. 80 BOND Condemnation money (distress warrants), not necessary, when 51 BONDS Sinking fund to retire those maturing 1896 and 1898 30 BROKERS Insurance, Act regulating 106

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BUILDING AND LOAN ASSOCIATIONS Licenses of 78 C CHARITABLE INSTITUTIONS Incorporation, powers, etc. 80 CODE AMENDMENTS Section 279, time of residence required, Judge County Court 36 Section 713Railroad crossings 37 Section 891(a)Docketing transferred executions 37 Section 943Fees Secretary of State 38 Section 1319County officers, time for election 40 Section 1330Contested elections members General Assembly 40 Section 1504Commissioners Pilotage, appointment and term 41 Section 1624Fish, time for taking in rivers 42 Section 1864Insane persons, confinement of 43 Section 2183Agency, revocation of 44 Section 2626Corporate stock, levy and sale of 45 Section 2783Commercial paper, holidays excepted as to presentment, etc. 46 Section 2783(a)Public holidays falling on Sunday 47 Section 3696Sheriff, fees in criminal cases 48 Section 3845Non-resident State's witnesses, fees of 49 Section 3893Depositions, taking of 50 Section 4041Dower, appointment commissioners 51 Section 4083Distress warrant, condemnation money bond 51 Section 4587Obtaining credit by false representations 52 Section 4696(a)Court Stenographers, appointment, etc. 53 COMMERCIAL PAPER Public holidays excepted, as to protest, etc. 46 Public holidays falling on Sunday, as to protest, etc. 47 COMMISSIONERS OF PILOTAGE Election and term of 41 COMMON SCHOOLS To systematize finances of, etc. 58 To systematize finances of, etc. Act amending 60

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CONDEMNATION PRIVATE PROPERTY Act regulating 95 CONFEDERATE SOLDIERS Appropriation for pensions to those failing to receive for 1894 16 General pension Act, for infirm, etc. 32 CONFEDERATE SOLDIERS, WIDOWS OF Appropriation for pensions to those failing to receive for 1894 17 CORPORATE STOCK Holders of, liability etc. 76 COUNTY COURT JUDGE May hold court in county not of residence 92 Residence required, length of 36 COUNTY COURTS Executions from, sales under 115 COUNTY OFFICERS Elections, time for holding changed 10 CREDITORS Assignments for, Act regulating 90 CREDITOR'S BILL Parties plaintiff necessary 89 D DAWSON COUNTY Changed to Northeastern Circuit 55 DAWSON SUPERIOR COURT Terms changed 56 DEBTOR AND CREDITOR Assignments, Act regulating 90 Creditor's Bill, parties plaintiff 89 Levy and sale of property where defendant has not title, but interest, etc. 100

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DEPOSITIONS In counties of 20,000 population and upwards 50 DESCENT OF PROPERTY Where two or more who could inherit from each other are killed, etc. 104 DISTRESS WARRANT Condemnation money bond, not necessary when 51 DISTRIBUTIONS Act as to, where two or more who could inherit from each other are killed, etc. 104 DOOLY COUNTY Changed to Southwestern Circuit 56 DOOLY SUPERIOR COURT Spring terms changed 54 Terms fixed, etc 56 DOWER Commissioners, appointment in vacation 51 E ELECTIONS County officers, time for changed 40 General Assembly, contests as to 40 Registration Law 115 State School Commissioner to be elected 34 ELECTRICITY Rent or sale of power 114 ELECTRIC STREET AND SUBURBAN RAILROAD COMPANIES Sale of light and power by 70 EMINENT DOMAIN Condemnation private property, Act as to 95 ESCAPES From Lunatic Asylum, aiding 103

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EXECUTIONS County Court, sales under 114 Docketing of transferred 37 Levy and sale where defendant has not title, but interest in property 100 F FALSE REPRESENTATIONS Obtaining credit by, penalty 52 FEES Secretary of State 38 Sheriffs, in certain criminal cases 48 Witnesses, non-resident, for State 49 FIRE Setting, to ship, cargo, etc. 106 FISH Time for taking in rivers of this State 42 FOREIGN WILLS Probate of, etc. 102 G GENERAL ASSEMBLY Election of members, contests as to 40 GEOLOGICAL SURVEY Act as to 111 GEOLOGIST, STATE Act reviving office amended 111 H HOMESTEADS Sale of for einvestment, on application of beneficiaries 93 I IMMIGRATION State Bureau of 105

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INSANE PERSONS Commitment of, by Judges Superior Courts 43 INSURANCE In companies not authorized to do business in this State, etc 106 INSURANCE BROKERS Act regulating 106 J JUDGE CITY COURT Stenographers, appointment, etc., by 53 JUDGE COUNTY COURT May hold court in county not of residence 92 Residence required, length of 36 L LEGISLATURE Election of members, contests as to 40 LEVY AND SALE Disclosure to officer of shares stock held by defendant 45 Under County Court executions 114 Where defendant has not title to, but interest in property 100 LIENS On railroads for materials, live scock, etc 68 LUNATIC ASYLUM Commitments to by Judge Superior Court 43 Escapes from, aiding 103 M MEDICAL EXAMINERS State Board established, etc 85 MEMORIAL BOARD State, Act creating 94

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MCDUFFIE SUPERIOR COURT Terms changed 57 N NAVIGATION COMPANIES Incorporation of 71 NEGOTIABLE INSTRUMENTS Public holidays excepted, as to protest, etc 46 Public holidays falling on Sunday 47 NORTHEASTERN RAILROAD Sale of by State 127 P PARTIES Plaintiff, to Creditor's Bill 89 PENSIONS FOR CONFEDERATE SOLDIERS Appropriation for [Illegible Text] failing to receive for 1894 16 General pension Act, for infirm, etc 32 PENSIONS FOR WIDOWS OF CONFEDERATE SOLDIERS Appropriation for those failing to receive for 1894 17 PILOTAGE Commissioners of, election and term 11 POWER OF ATTORNEY Not revoked by death, etc., in certain cases 44 PRINCIPAL AND AGENT Agency not revoked by death, etc., in certain cases 44 PUBLIC HOLIDAY Falling on Sunday, as to commercial paper 47 Treated as Sunday, as to commercial paper 46 PULASKI SUPERIOR COURT Spring terms changed 55 PURCHASERS OF RAILROADS How incorporated 65

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R RAILROAD COMMISSIONERS May be appointed arbitrators as to taxable value railroads 67 RAILROAD CROSSINGS Time of notice, to put in order 37 RAILROADS Liens on for material, live stock, etc 68 Purchasers of, how incorporated 65 Street, how incorporated 69 Trains carrying perishable goods, may run Sunday 66 REGISTRATION General law 115 RICHMOND COUNTY SUPERIOR COURT Insolvent costs Solicitor-General 93 ROADS Third class, provided for 100 S SCHOOLS Commissioner of, to be elected 34 To systematize finances, etc 60 To systematize finances, etc Act amending 58 SECRETARY OF STATE Fees of 38 SHERIFFS Fees, in certain criminal cases 48 SHIPPING Setting fire to, etc 106 SINKING FUND To retire bonds maturing in 1896 and 1898 30 SOLICITOR-GENERAL AUGUSTA CIRCUIT Insolvent costs of, in Richmond county 93

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STATE BANKS Circulating notes, issue of 75 Statements of, publication, etc 77 STATE BOARD MEDICAL EXAMINERS Establishment, etc 85 STATE BONDS Sinking fund to retire 30 STATE BUREAU OF IMMIGRATION Act creating 104 STATE GEOLOGIST Act reviving office amended 111 STATE MEMORIAL BOARD Act creating 94 STATE SCHOOL COMMISSIONER To be elected by the people 34 STENOGRAPHERS Appointment, etc., by Judge City Court 53 STOCK, CORPORATE Disclosure to levying officer of number, etc., shares held by defendant 45 Liability of holders of 76 STREET AND SUBURBAN RAILROADS Electric, may sell light and power 70 , 114 Incorporation of, etc 69 SUNDAY Public holiday falling on 47 Trains with perishable goods may run on 66 SUPERIOR COURTS Dawson county changed to Northeastern Circuit 55 Dawson county terms of 56 Dooly county, terms of 54 , 56 Dooly county, changed to Southwestern Circuit 56 McDuffie county, terms changed 57 Pulaski county, [Illegible Text] terms changed 55

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T TAN BARK Legal weight of 110 TAX DIGEST Method of entering names colored tax-payers 31 TAXES General tax Act for 1895 and 1896 18 Railroad Commissioner may be appointed arbitrator as to railroad valuation 67 Sinking fund, tax for 30 TECHNOLOGICAL SCHOOL Tuition non-resident pupils diminished 63 TELEGRAPH COMPANIES Penalty Acts repeated 79 TRANSFERRED EXECUTIONS Docketing of 37 U UNIVERSITY OF GEORGIA Board of Visitors and of Trustees, reports of, attendance, etc. 63 W WILLS, FOREIGN Probate of, etc. 102 WITNESSES State's, fees of non-resident 49

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Index to Corporations, Local and Private Laws. A ACWORTH Public school for 239 ATHENS ELECTRIC RAILWAY COMPANY Act incorporating 131 ATLANTA Charter amended 141 City Court of, jurisdiction limited 209 Encroachment on State's property, extension Alabama street 144 B BAKER COUNTY Registration law repealed 219 BARNESVILLE MALE AND FEMALE HIGH SCHOOL Act incorporating amended 242 BRONWOOD Corporate limits changed 145 BULLOCH COUNTY County Court, salary of Judge 215 C CANTON Public school law amended 243

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CARROLL COUNTY County Commissioners, Act creating repealed 202 CHATHAM COUNTY Holding more than one office, same person, forbidden 203 Registration books, safe keeping of 220 CITY COURT OF ATLANTA Jurisdiction limited 209 CITY COURT OF CLARKE COUNTY Name changed, jurisdiction, etc 212 Terms of, salary of Judge, etc 210 CITY COURT OF MACON Jury trials in 214 CITY COURT OF RICHMOND COUNTY Fees of Solicitor 215 CLARKE COUNTY City Court of, name changed, jurisdiction, etc 212 City Court of, terms, salary of Judge, etc 210 CLARKSVILLE Corporate limits changed 146 COLQUITT COUNTY County Commissioners, compensation of, etc 203 COUNTY COURT BULLOCH COUNTY Salary of Judge 215 COUNTY COURT DECATUR COUNTY Act abolishing 216 COUNTY COURT ELBERT COUNTY Act abolishing 216

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COUNTY COURT LOWNDES COUNTY Act abolishing 217 COUNTY COURT MITCHELL COUNTY Act abolishing 218 COWETA COUNTY County Commissioners, meetings, salary, etc. 204 School Commissioner, contracts by for teaching certain pupils in Newnan schools 244 CRAWFORDVILLE New charter for 147 CUBANA CITY Act incorporating 158 D DAHLONEGA Public school law for 245 DAVISBORO Act incorporating 164 DECATUR COUNTY County Court abolished 216 DOUGHERTY COUNTY Court costs in misdemeanor cases 272 E EASTMAN Business tax in 167 Public school law for 249 ELBERT COUNTY County Court abolished 216

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ELBERTON Bonds for electric light system 168 Bonds for water works 169 EMANUEL COUNTY New registration law for 220 F FORT GAINES Public school law for 253 FORT VALLEY Public school law amended 256 FULTON COUNTY Examiners of stationary engineers 273 H HABERSHAM COUNTY Removal obstructions from streams, etc., in 275 HADDOCK, I. Relieved as surety C. W. Lavender 282 HARRIS COUNTY County Commissioners, compensation 205 Registration law for 222 HEARD COUNTY Supreme Court Reports, Codes, etc., to be furnished county officers 277 J JONES COUNTY Board County Commissioners created 206

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L LAVENDER, R. A. Relieved, as surety C. W. Lavender 282 LOWNDES COUNTY County Court abolished 217 M MACON Charter amended 170 City Court, jury trials in 214 MACON SAVINGS BANK Charter amended 138 MADISON Public school law for 257 McINTOSH COUNTY Registration law repealed 225 MERCHANTS' BANK OF VALDOSTA Charter amended 137 MIDDLE GEORGIA MILITARY AND AGRICULTURAL COLLEGE Mayor Milledgeville added to Local Board of Trustees 263 MILLEDGEVILLE Charter amended, as to street work, etc. 172 Payment debt for bonds issued in aid Georgia Normal and Industrial College 278 Tax returns in 173 MITCHELL COUNTY County Court abolished 218

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MONROE COUNTY Registration law for 226 MONTGOMERY COUNTY Sale of liquor in 280 N NEWBORN Act incorporating 174 O OAKLAND CITY Act incorporating 177 P PERRY Public School law amended 264 PIKE COUNTY Registration law for 228 R RICHMOND COUNTY City Court of, fees of Solicitor 215 S SAVANNAH Election law for amended, etc 230 Election, term, etc., subordinate city officers 181 SCREVEN COUNTY Registration law for 235 SOCIAL CIRCLE Charter amended 182

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SOUTH CAROLINA AND AUGUSTA R. R. CO. Authorized to extend railroad into Georgia, etc 133 SOUTH GEORGIA BANK OF WAYCROSS Charter amended 135 T TALBOT COUNTY County Commissioners, election and term 207 TELFAIR COUNTY Sale of liquor in 280 TEMPLE Tax assessors for 185 TWIGGS COUNTY County Treasurer, office created, etc 208 Registration law for 236 V VIENNA Charter amended 186 Public school law for 266 W WASHINGTON New charter for 187 Public school law amended 271 WAYCROSS Condemnation of land for streets, etc 194 WELBORN, A. F. Relieved as surety Poley Chastain 281 WHITESBURG New charter for 196

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Index to Resolutions. Acts of 1894, publication of 295 , 296 Bonds of State, Nos. 1129 and 1824, errors in corrected 285 Brown, J. H., for relief of 289 [Illegible Text] Park, committee to attend dedication, etc 294 Code, revision of, committee to examine 292 Code, revision of, one copy manuscript required 292 Cotton States and International Exposition, in aid of 287 Cotton States and International Exposition, State exhibit at 285 Evans, J. W., for relief of 290 Georgia School for Colored Students, committee to visit 295 Green, Jas. A., made State agent as to certain claims 288 Historical Society of Savannah, History Province of Georgia, custodian of 292 Journals, House and Senate, index of 296 Judges Superior Courts, equalization of work of 293 London Guarantee and Accident Co., relieved from penalty 291 Mary DeRenne Historical Collection, [Illegible Text] as to 291 National Guards, encampment of, recommendations as to 287 Privileges and Elections, Committee to sit during recess 293 Satterlee, [Illegible Text]. Chas. B., thanks to 288 Savannah, Act as to elections in, clerical errors corrected 296 Unfinished business of session, completion of 297 Walker, Sam'l, Sanford, D. B. and Joseph A., relief of 290 W. A. R. R., Commission as to controversies concerning 283 W. A. R. R., Settlement certain cases confirmed 284

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SUPERIOR COURT CALENDAR. Revised for 1895 by W. H. Harrison . ALBANY CIRCUIT. B. B. BOWER, Bainbridge, Ga., Judge; W. N. SPENCE, Camilla, Ga., Solicitor-General. MitchellThird and fourth Mondays in March and fourth Monday in November. DoughertyFirst, second and third Mondays in April and October. WorthFourth Monday in April and October. BakerFirst Monday in May and November. DecaturSecond and third Mondays in May and November. CalhounSecond Monday in June and December. ATLANTA CIRCUIT. J. H. LUMPKIN, Atlanta, Ga., Judge; C. D. HILL, Atlanta, Ga., Solicitor-General. FultonFirst Monday in March and September. AUGUSTA CIRCUIT. E. H. CALLOWAY, Waynesboro, Ga., Judge; W. H. DAVIS, Waynesboro, Ga., Solicitor-General. McDuffieThird Monday in January and July. ColumbiaFourth Monday in March and September. RichmondThird Monday in April and October. BurkeFirst Monday in December and third Monday in May. BLUE RIDGE CIRCUIT. GEORGE F. GOBER, Marietta, Ga., Judge; GEORGE R. BROWN, Canton, Ga., Solicitor-General. Milton First Monday in February and third Monday in August. ForsythThird Monday in February and fourth Monday in August. CherokeeFourth Monday in February and second Monday in September. CobbSecond and third Mondays in March and third and fourth Mondays in November. PickensFourth Monday in April and September. GilmerThird Monday in May and second Monday in October. FanninFourth Monday in May and third Monday in October,

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BRUNSWICK CIRCUIT. J. L. SWEAT, Waycross, Ga., Judge; W. G. BRANTLEY, Brunswick, Ga., Solicitor-General. Appling First and second Mondays in March, and third and fourth Mondays in September. CamdenTuesday after the third Monday in March and first Monday in October. CoffeeFourth Monday in March and second Monday in October. CharltonTuesday after the first Monday in April and third Monday in October. ClinchSecond Monday in April and fourth Monday in October. WareThird and fourth Mondays in April, and first and second Mondays in November. [Illegible Text]First Monday in May and third Monday in November. [Illegible Text]Second Monday in May and fourth Monday in November. Glynn[Illegible Text] third Monday in May and first Monday in December, to continue as long as the business may require. [Illegible Text] CIRCUIT. W. B. BUTT, Columbus, Ga., Judge; S. PRICE GILBERT, Columbus, Ga., Solicitor-General. TalbotSecond Monday in March and September. ChattahoocheeFourth Monday in March and September. TaylorFirst Monday in April and October. HarrisSecond Monday in April and October. MarionFourth Monday in April and October. [Illegible Text]Second Monday in May and November. CHEROKEE [Illegible Text]. THOS. W. MILNER, Cartersville, Ga., Judge; A. W. FITE, Cartersville Ga., Solicitor-General. BartowSecond Monday in January and July. CatoosaSecond Monday in February and August. MurrayThird Monday in February and August. GordonFourth Monday in February and August. DadeThird Monday in March and September. WhitfieldFirst Monday in April and October. COWETA CIRCUIT. S. W. HARRIS, Carrollton, Ga., Judge; T. A. ATKINSON, Greenville, Ga., Solicitor-General. CampbellFirst Monday in February and August. MeriwetherThird Monday in February and August. CowetaFirst Monday in March and September. FayetteThird Monday in March and September. HeardFourth Monday in March and September. CarrollFirst Monday in April and October. TroupFirst Monday in May and November.

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EASTERN CIRCUIT. ROBERT FALLIGANT, Savannah, Ga., Judge; W. W. FRASER, Savannah, Ga., Solicitor-General. ChathamFirst Monday in March, June and December. BryanFirst Monday in May and November. EffinghamSecond Monday in May and November. LibertyThird Monday in May and November. McIntoshFourth Monday in May and November. FLINT CIRCUIT. MARCUS W. BECK, Jackson, Ga., Judge; O. H. B. [Illegible Text], Forsyth, Ga., Solicitor-General. SpaldingThird Monday in January and first Monday in August. [Illegible Text]First Monday in February and fourth Monday in August. ButtsThird Monday in February and third Monday in August. PikeFourth Monday in March and third Monday in October. HenryThird Monday in April and Monday after the fourth Monday in October. MACON CIRCUIT. J. L. HARDEMAN, Macon, Ga., Judge; W. H. FELTON, JR., Macon, Ga., Solicitor-General. CrawfordThird Monday in March and October. HoustonFirst Monday in April and October. BibbThird Monday in April and first Monday in November, and continues as long as necessary. MIDDLE CIRCUIT. ROGER L. [Illegible Text], JR., Louisville, Ga., Judge; [Illegible Text]. D. EVANS, Sandersville, Ga., Solicitor-General. WashingtonFirst Monday in March and September. JohnsonThird Monday in March and September. TattnallSecond Monday in April and October. [Illegible Text]Third Monday in April and October. BullochFourth Monday in April and October. [Illegible Text]Second Monday in May and November. [Illegible Text]Third Monday in May and November. NORTHEASTERN CIRCUIT. J. J. [Illegible Text], Cleveland, Ga., Judge; HOWARD [Illegible Text], Gainesville, Ga., Solicitor-General. HallThird Monday in January and July. RabunFourth Monday in February and August. HabershamFirst Monday in March and September. DawsonThird Monday in March and first Monday in August. TownsFourth Monday in March and September. UnionFirst Monday in April and October. WhiteSecond Monday in April and October. LumpkinThird Monday in April and October.

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NORTHERN CIRCUIT. SEABORN REESE, Sparta, Ga., Judge; W. M. HOWARD, Lexington, Ga., Solicitor-General. HancockFirst Monday in February and August. GlascockThird Monday in February and August. TaliaferroFourth Monday in February and August. MadisonFirst Monday in March and September. ElbertSecond Monday in March and September. HartThird Monday in March and September. WarrenFirst Monday in April and October. OglethorpeThird Monday in April and October. Lincoln Fourth Monday in April and October. WilkesFirst Monday in May and November. OCMULGEE CIRCUIT. JOHN C. HART, Union Point, Ga., Judge; H. G. LEWIS, Greenesboro, Ga., Solicitor-General. BaldwinSecond Monday in January and July. LaurensFourth Monday in January and July. GreeneSecond Monday in February and August. MorganFirst Monday in March and September. PutnamThird Monday in March and September. JasperFourth Monday in March and September. WilkinsonFirst Monday in April and October. JonesThird Monday in April and October. OCONEE CIRCUIT. C. C. SMITH, Hawkinsville, Ga., Judge; TOM EASON, McRae, Ga., Solicitor-General. PulaskiSecond and third Mondays in February and third Monday in November. DodgeSecond Monday in March and September. WilcoxFourth Monday in March and September. IrwinFirst Monday in April and October. TwiggsSecond Monday in April and October. TelfairThird Monday in April and October. MontgomeryFourth Monday in April and October. PATAULA CIRCUIT. JAMES M. GRIGGS, Dawson, Ga., Judge; H. C. SHEFFIELD, Blakely, Ga., Solicitor-General. QuitmanSecond Monday in March and September. ClayThird Monday in March and September. EarlyFirst and second Mondays in April and October. MillerThird Monday in April and October. RandolphFirst and second Mondays in May and November. TerrellThird Monday in May and November, and to continue as long as necessary to finish business.

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ROME CIRCUIT. WALLER T. TURNBULL, Rome, Ga., Judge; W. J. NUNNALLY, Rome, Ga., Solicitor-General. FloydSecond Monday in January and July, and holds four weeks; longer if necessary. WalkerThird Monday in February and August. ChattoogaSecond Monday in March and September. SOUTHERN CIRCUIT. AUGUSTIN H. HANSELL, Thomasville, Ga., Judge; H. B. PEEPLES, Valdosta, Ga., Solicitor-General. EcholsTuesday after second Monday in March and Tuesday after fourth Monday in September. BerrienThird Monday in March and second Monday in October. ColquittFirst Monday in April and Tuesday after third Monday in September. ThomasThird week in April and October. BrooksFirst Monday in May and November. LowndesThird Monday in May and November. SOUTHWESTERN CIRCUIT. W. H. FISH, Oglethorpe, Ga., Judge; J. M. DUPREE, Ga., Solicitor-General. LeeFirst Monday in March and November. DoolySecond and third Mondays in March and September. WebsterFirst Monday in April and October. SchleySecond Monday in April and October. StewartThird and fourth Mondays in April and October. MaconSecond and third Mondays in May and November. SumterFourth Monday in May and November, and to continue as long as necessary. STONE MOUNTAIN CIRCUIT. RICHARD H. CLARK, Atlanta, Ga., Judge; J. S. CANDLER, Atlanta, Ga., Solicitor-General. DeKalbSecond Monday in February and August. ClaytonFirst Monday in March and September. NewtonThird Monday in March and September. RockdaleSecond Monday in April and October. TALLAPOOSA CIRCUIT. CHARLES G. JANES, Cedartown, Ga., Judge; W. T. ROBERTS, Douglasville, Ga., Solicitor-General. PauldingBeginning on the first Monday in January and August. HaralsonBeginning on the third Monday in January and July. PolkBeginning on the fourth Monday in February and August. DouglasBeginning on the first Monday in May and third Monday in November.

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WESTERN CIRCUIT. N. L. HUTCHINS, Lawrenceville, Ga., Judge; R. B. RUSSELL, Athens, Ga., Solicitor-General. OconeeFourth Monday in January and July. JacksonFirst and second Mondays in February and August. WaltonThird Monday in February and August. GwinnettFirst and second Mondays in March, and first Monday in September. BanksThird Monday in March and September. FranklinFourth Monday in March and September. ClarkeSecond, third and fourth Mondays in April, and second Monday in October. SUPREME COURT OF GEORGIA. THOMAS J. SIMMONS CHIEF JUSTICE. Term to January 1, 1899. SAM'L LUMPKIN ASSOCIATE JUSTICE. Term to January 1, 1897. SPENCER R. ATKINSON ASSOCIATE JUSTICE. Term to January 1, 1901. Z. D. HARRISON CLERK. LOGAN BLECKLEY DEPUTY CLERK. HENRY C. PEEPLES REPORTER. GEO. W. STEVENS ASSISTANT REPORTER. J. M. GRAHAM. [unk] C. L. GLESSNER, STENOGRAPHERS. W. M. HARPER, J. W. VAUGHN SHERIFF. Terms begin first Monday in March and October.

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TERMS OF THE CITY COURTS. ATLANTA. First Mondays in January, March, May, July, September and November. RICHMOND COUNTY (at Augusta) First Mondays in February, May, August and November. COLUMBUSFirst Mondays in January, April, July and October. MACONFirst Mondays in March, June, September and December. FLOYD COUNTY (at Rome)Second Mondays in March, June, September and December. SAVANNAHFirst Mondays in February, May, July and November. BARTOW COUNTY (at Cartersville) Terms not fixed by law, but by Judge of City Court. CLARKE COUNTY (at Athens)Third Mondays in March, June, Septem-and December. NEWNANThird Mondays in January, April, July and October. DEKALB COUNTY (at Decatur)First Mondays in January, March, May, July, September and November. Under the general law of October 19th, 1891, as amended by Act of December 23d, 1892, p. 107, these Courts may be established in any county whose population amounts to ten thousand, when recomended by the Grand Jury.

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TREASURER'S REPORT.

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EXHIBIT No. 1. R. U. [Illegible Text], Treasurer, in Account with State of Georgia for Report Year Ending September 30th, 1894 . To Balance in Treasury September 30th, 1893, as per Report $ 1,139,837 45 $ 1,000 00 RECEIPTS. DISBURSEMENTS. From Auctioneers Tax for 1892 $ 9 00 On account of Academy for Blind, 1893 $ 1,000 00 From Auctioneers Tax for 1893 90 00 On account of Academy for Blind, [Illegible Text] 13,500 00 From Auctioneers Tax for 1894 562 50 On account of Agricultural Department, 1893 5,000 00 From Artists Tax for 1891 9 00 On account of Agricultural Department, 1894 2,500 00 From Artists Tax for 1893 537 00 On account of Civil Establishment, 1893 [Illegible Text] [Illegible Text] From Artists Tax for 1892 22 50 On account of Civil Establishment, 1894 [Illegible Text] 36 From Artists Tax for 1894 [Illegible Text] 32 On account of Contingent Fund, 1893 8,792 21 From Billiard Tax for 1892 22 50 On account of Contingent Fund, 1894 8,899 [Illegible Text] From Billiard Tax for 1893 [Illegible Text] 50 On account of Contingent Expenses Railroad Commission, 1893 [Illegible Text] 00 From Billiard Tax for 1894 [Illegible Text] [Illegible Text] On account of Contingent Expenses Railroad Commission, 1894 600 00 From Clock Peddlers Tax for [Illegible Text] [Illegible Text] 00 On account of Contingent Expenses Supreme Court, 1893 354 15 From Costs on fi. fas. 13 95 On account of Contingent Expenses Supreme Court, 1894 892 [Illegible Text] From Dividends on Stocks 2,596 00 On account of Clerk Supreme Court Costs 660 00 From Dealers in Futures for 1893 [Illegible Text] 00 On account of Chemicals and Chemical Apparatus 1,000 00 From Dealers in Futures for 1894 3,600 00 On account of Deaf and Dumb Institute, 1893 [Illegible Text] 00 From Damages to [Illegible Text] Property in Chattanooga 1,000 00 On account of Deaf and Dumb Institute, 1891 11,250 00 From Express Companies Tax for 1893 1,896 41 On account of Direct Tax Refunded 3,000 00 From Express Companies Tax for 1894 1,864 27 On account of Geological Survey 8,282 68 From General Tax for 1879 250 00 On account of Insurance Public Buildings, 1893 [Illegible Text] 47 From General Tax for 1892 [Illegible Text] [Illegible Text] On account of Insurance Public Buildings, 1894 2,181 [Illegible Text] From General Tax for 1893 [Illegible Text] 22 On account of Lunatic Asylum, 1893 19,999 98 From Hire Convicts [Illegible Text] [Illegible Text] On account of Lunatic Asylum, [Illegible Text] [Illegible Text] [Illegible Text] From Insolvent Taxes [Illegible Text] 56 On account of Lunatic Asylum Trustees, 1894 [Illegible Text] [Illegible Text] From Insurance Companies Tax for [Illegible Text] 47,193 97 On account of [Illegible Text] Scrip Fund, [Illegible Text] [Illegible Text] [Illegible Text] From Insurance Companies Charter [Illegible Text] 600 00 On account of Library Fund, 1894 2,318 57 From Insurance Fees for 1893 436 80 On account of Legislative Pay Roll, 1893 67,239 36 From Insurance Fees for 1894 8,715 80 On account of Military Fund, 1893 5,114 48 From Insurance Agents Tax for 1893 710 00 On account of Military Fund, 1894 17,263 36 From Insurance Agents Tax for 1894 7,330 00 On account of Maimed Confederate Soldiers, 1891 185,000 00 From Interest on fi. fas. [Illegible Text] 76 On account of Normal School Visitors Expenses 96 [Illegible Text] From Insolvent Cost Clerk [Illegible Text] [Illegible Text] 463 75 On account of Overpayment Taxes 70,323 28 From Inspectors Fertilizers Fees 11,000 00 On account of Penitentiary Fund 7,205 04 From Liquor Dealers for 1892 35 86 On account of Penitentiary Fund (special account), 1893 599 93 From Liquor Dealers for 1893 9,173 76 On account of Penitentiary Fund (special account), 1894 652 [Illegible Text] From Liquor Dealers for 1894 92,214 67 On account of Printing Fund, 1893 [Illegible Text] 88 From Moneys Refunded 2 75 On account of Printing Fund, 1894 10,554 07 From Office Fees 1,008 20 On account of Printing Fund Railroad Commission, 1893 597 62 From Oil Inspectors Fees [Illegible Text] [Illegible Text] On account of Printing Fund Railroad Commission, 1894 192 36 From Pistol Dealers Tax for 1893 [Illegible Text] 00 On account of Public Buildings Repairs, etc., 1893 3,636 11 From Pistol Dealers Tax for 1894 2,522 00 On account of Public Buildings Repairs, etc., 1894 [Illegible Text] 00 From Penalties against Tax [Illegible Text] 103 38 On account of Public Debt 357,775 00 From Penalties against [Illegible Text] 6,900 00 On account of Solicitors-General 2,625 00 From [Illegible Text] Tax for 1894 [Illegible Text] 00 On account of Special Appropriations [Illegible Text] 47 From Road Tax for 1891 [Illegible Text] 67 On account of School Fund, 1892 4,698 58 From Road Tax for 1892 [Illegible Text] [Illegible Text] On account of School Fund, 1893 1,058,532 52 From Road Tax for 1893 [Illegible Text] [Illegible Text] On account of School Fund, 1894 [Illegible Text] [Illegible Text] From Rent Western and Atlantic Railroad 120,012 00 On account of Salary Chemists 4,977 70 From Sale Supreme Court Report 2,391 00 On account of Supreme Court Reports 6,000 00 From Sale of Laws 181 [Illegible Text] On account of Trustees State University [Illegible Text] 62 From Surplus from Sale of Wild Lands [Illegible Text] [Illegible Text] On account of University Georgia, [Illegible Text] 8,000 00 From Tax on Special Nostrums for 1891 22 50 On account of University for Colored, 1893 4,000 00 From Tax on Special Nostrums for 1892 22 50 On account of University for Colored, 1894 4,000 00 From Tax on Special Nostrums for 1893 [Illegible Text] 00 On account of Widows Confederate Soldiers, 1893 480 00 From Tax on Special Nostrums for 1894 761 32 On account of Widows Confederate Soldiers, 1894 239,640 00 From Tax on Shows for 1893 [Illegible Text] [Illegible Text] On account of Wild Land Tax Refunded 92 02 $ [Illegible Text] [Illegible Text] From Tax on Shows for 1894 906 00 By Balance in Treasury September 30, 1891 828,633 58 From Tax on Sewing Machine Companies for [Illegible Text] [Illegible Text] 00 From Tax on Specialists for 1893 63 00 From Tax on Specialists for 1894 135 40 From Tax on Games for 1893 225 00 From Tax on Games for 1894 112 50 From Tax on Lightning Rod Dealers for 1892 45 00 From Tax on Lightning Rod Dealers for 1893 222 00 From Tax on Sewing Machine Agents for 1893 [Illegible Text] 00 From Tax on Sewing Machine Agents for 1894 670 00 From Tax on Telephone Companies for 1893 1,746 75 From Tax on Telephone Companies for 1894 1,697 75 From Tax on Telegraph Companies for 1893 1,785 78 From Tax on Telegraph Companies for 1894 1,241 30 From Tax on Sleeping [Illegible Text] Companies for 1893 588 27 From Tax on Pawn Brokers for 1893 45 00 From Tax on Pawn Brokers for 1894 855 00 From Tax on Brewing Companies for [Illegible Text] 1,080 00 From Tax on Commercial [Illegible Text] for [Illegible Text] 585 00 From Tax on Wild Lands 27 07 2,789,595 07 $ 3,929,432 52 $ 3,929,432 52

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 18950000 English

ACTS AND RESOLUTIONS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA. 1895. 18950000 COMPILED AND PUBLISHED BY AUTHORITY. ATLANTA, GA.: GEO. W. HARRISON, STATE PRINTER. (Franklin Printing and Publishing Co.) 1896.

GEO. W. HARRISON, STATE PRINTER, ATLANTA, GA.

TABLE OF TITLES . PART I.PUBLIC LAWS. Title I.APPROPRIATIONS, TAXES, AND PUBLIC DEBT. Title II.CONSTITUTION. Title III.CODE AMENDMENTS. Title IV.SUPERIOR AND CITY COURTS. Title V.JUDICIARY. Title VI.CORPORATIONS. Title VII.CRIMINAL LAW. Title VIII.MISCELLANEOUS. PART II.CORPORATIONS. Title I.BANKS, LOAN, TRUST, AND GUARANTEE COMPANIES. PART III.LOCAL LAWS. Title I.MUNICIPAL CORPORATIONS. Title II.COUNTY OFFICERS. Title III.COUNTY AND CITY COURTS. Title IV.LIQUORS. Title V.GAME AND FISH. Title VI.DRAINAGE, OBSTRUCTION OF STREAMS, ETC. Title VII.MISCELLANEOUS. PART IV.PRIVATE LAWS. PART V.RESOLUTIONS.

STATUTES OF GEORGIA PASSED BY THE GENERAL ASSEMBLY OF 1895 . Part I.Public Laws . TITLE I.APPROPRIATIONS, TAXES, AND PUBLIC DEBT. TITLE II.CONSTITUTION. TITLE III.CODE AMENDMENTS. TITLE IV.SUPERIOR AND CITY COURTS. TITLE V.JUDICIARY. TITLE VI.CORPORATIONS. TITLE VII.CRIMINAL LAW. TITLE VIII.MISCELLANEOUS.

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TITLE I . APPROPRIATIONS, TAXES, AND PUBLIC DEBT. ACTS. Appropriation to State Lunatic Asylum. Appropriation for Georgia Normal and Industrial College and State Normal School. Appropriation for monuments on Chickamauga battle-field. Appropriation to Georgia School for the Deaf. Appropriation for Arithmometer and Typewriter for State Treasury. License tax upon daguerrean, photographic, and similar artists. Bonds to pay public debt maturing July 1, 1896. APPROPRIATION TO STATE LUNATIC ASYLUM. No. 96. An Act to appropriate money to the State Lunatic Asylum, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That the sum of eleven thousand five hundred and fifty-two dollars ($11,552.00), or so much thereof as may be necessary, be, and the same is, hereby appropriated, in addition to the sum heretofore appropriated by this General Assembly, for the support and maintenance of the State Lunatic

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Asylum for the years 1895-96, to be applied as follows, to wit: Six thousand dollars ($6,000.00) for inclosing a part of the grounds adjacent to the new building with a suitable brick wall; five thousand and five hundred and fifty-two dollars for the purpose of purchasing and placing in the detached buildings suitable steam-heating apparatus; and the Governor is hereby authorized and required to draw his warrant for the sum mentioned on any moneys in the treasury, not otherwise appropriated, for these purposes. Amount. Purposes of appropriation. From what fund. 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, 1895. APPROPRIATION FOR GEORGIA NORMAL AND INDUSTRIAL COLLEGE AND STATE NORMAL SCHOOL. No. 203. An Act to appropriate to the trustees of the University of Georgia the sum of twenty-five thousand dollars to be used in the construction of additional buildings and furnishing the same for the Georgia Normal and Industrial College, and seven thousand dollars for the State Normal School at Athens, to be applied to like uses, 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 sum of twenty-five thousand dollars, or so much thereof as may be necessary, be, and the same is, hereby appropriated to the trustees of the University of Georgia, to be used in the construction of additional buildings and furnishing the same for the Georgia Normal and Industrial College. $25,000.00 appropriated. For buildings and furniture Ga. Normal and Ind. College. SEC. II. Be it further enacted by the authority aforesaid, That these sums, or any part thereof, may be drawn from the treasury by warrant of the Governor whenever the bills for such buildings and furnishings have been approved by the directors of said Georgia Normal and Industrial College and the Governor. When appropriation available. SEC. III. Be it further enacted by the authority aforesaid, That the sum of seven thousand dollars is also appropriated to the trustees of the University for the use of the State Normal

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School at Athens, Ga., which shall be used for the purpose of building dormitories and the repair of other buildings. $7,000.00 for State Normal School. For dormitories and repairs. 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 16, 1895. APPROPRIATION FOR MONUMENTS ON CHICKAMAUGA BATTLE-FIELD. No. 223. An Act to make an appropriation to the State Memorial Board for the purpose of marking by monument, or monuments and other suitable memorials, the position or positions occupied by the Georgia troops participating in the battle of Chickamauga within the limits of the National Military Park of Chickamauga, and for other purposes. SECTION I. Be it enacted by the General Assembly of Georgia, That the sum of twenty-five thousand dollars be, and is, hereby appropriated from any funds in the treasury to the Memorial Board of the State to be expended as hereinafter provided. Amount appropriated. SEC. II. Be it further enacted, That the sum of $10,000 of the above amount shall become available for the use of said board immediately after the passage of this Act, and the further sum of $15,000 shall become available in the year 1897; and the State Memorial Board shall, as soon as practicable after the passage of this Act, proceed to carry the same into effect by erecting in Chickamauga National Military Park one or more monuments and other memorials of such material, design, and inscription as they may select, to designate the position of Georgia troops participating in said battle; provided , the material used in the work shall, as far as practicable, be a product of Georgia. When to become available. Object of appropriation. Material to be used. SEC. III. Be it further enacted, That the State Memorial Board shall keep a record of their proceedings and an itemized account of expenditures, and shall report the same to the Governor to be embraced in his annual message to the legislature, and said board shall serve without compensation except actual and necessary expenses; and the Governor is hereby authorized to draw his warrant on the treasury for such sums and at such times as said Memorial Board may deem necessary in carrying out the provisions of this Act. Records, accounts, and reports of Memorial Board. Compensation of board, etc.

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SEC. IV. Be it further enacted, That all laws in conflict with this Act be, and the same are, hereby repealed. Approved December 16, 1895. APPROPRIATION TO GEORGIA SCHOOL FOR THE DEAF. No. 227. An Act to appropriate fourteen hundred dollars ($1,400) to the Georgia School for the Deaf, to cover deficit occurring in the support fund for the year 1895, 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 sum of fourteen hundred dollars ($1,400) be, and the same is, hereby appropriated to the Georgia School for the Deaf, to cover deficit arising in the support fund for the year 1895, on account of the increase in attendance of pupils, which requires a larger expenditure on account of same. Amount appropriated. For deficit in support fund. SEC. II. Be it further enacted, That all laws or parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 16, 1895. APPROPRIATION FOR ARITHMOMETER AND TYPEWRITER FOR STATE TREASURY. No. 164. An Act making an appropriation to pay for an arithmometer and a Smith Premier typewriter for the treasury department of the State of Georgia. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That in order to pay for the arithmometer and the Smith Premier typewriter now in use in the treasury department that the sum of four hundred and sixty-five dollars ($465) be, and the same is, hereby appropriated. Amount appropriated. SEC. II. Be it further enacted by the authority of the same, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 16, 1895.

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LICENSE TAX UPON DAGUERREAN, PHOTOGRAPHIC, AND SIMILAR ARTISTS. No. 191. An Act to amend the general tax act for 1895 and 1896, approved December 18th, 1894, so as to change the license tax imposed upon daguerrean, ambrotype, photographic, and similar artists, and for other purposes. SECTION I. Be it enacted by the General Assembly of Georgia, That the general tax act for the years 1895 and 1896, approved December 18th, 1894, be amended as follows: By striking from the second and third lines (of the printed law), in paragraph third of section second, the words in each county in which they may carry on business, so that said third paragraph, when amended, will read as follows: Third. Upon every daguerrean, ambrotype, photographic, and similar artist, ten ($10.00) dollars; provided , this tax shall not be required of any ex-Confederate soldier; provided , this Act shall not authorize any traveling photographer to do business in any incorporated city or town where there is located a permanent photographer. Provision requiring tax in each county where business carried on, stricken. Paragraph as amended SEC. II. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 16, 1895. BONDS TO PAY PUBLIC DEBT MATURING JULY 1, 1896. No. 139. An Act to authorize the Governor and Treasurer to issue bonds and negotiate the same for the purpose of raising money with which to pay off an amount of the public debt maturing July 1st, 1896, which is not provided for by the sinking fund that will be in the treasury at such time, 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 on or after the 1st of May, 1896, the Governor and Treasurer of this State be, and they are, authorized and directed to issue negotiable

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bonds of the State of Georgia in the amount of two hundred and forty-two thousand dollars, and to negotiate the same, for the purpose of raising money to pay off that portion of the public debt falling due the 1st of July, 1896, which is not met by the sinking fund in the treasury at the date of the maturity of said bonds. Said bonds shall be of the denomination of one thousand dollars each, and shall mature on the 1st day of July, 1926, and shall bear interest at a rate not exceeding four per centum per annum, said interest payable semi-annually on the 1st day of January and of July of each year from date of said bonds until maturity, and shall be payable, both principal and interest, at the office of the Treasurer of the State in the city of Atlanta, Ga., and also in the city of New York at such place as the Governor and Treasurer may elect. Said bonds shall be signed by the Governor and countersigned by the Treasurer of the State for and on its behalf, and to each of said bonds shall be attached coupons for the interest, and upon each coupon shall be engraved the signature of the Treasurer of the State. Amount of. For what to be used. Denomination, maturity, and interest. Where to be paid. Signature. Coupons. SEC. II. Be it further enacted by the authority of the same, That in order to facilitate the sale and negotiation of said bonds, the Governor and Treasurer shall give notice, by publication in two papers in the city of New York, one paper in each of the cities of Boston, Baltimore, Cincinnati, Chicago, and Philadelphia, and one daily newspaper in the cities of Atlanta, Augusta, Columbus, Athens, Macon, Rome, and Savannah, in the State of Georgia, of their intention to issue said bonds and invite bids for same; provided , that said bonds shall not be negotiated at a price less than par; and provided further , that nothing herein contained shall be held or construed to limit the Governor and Treasurer to this method of negotiation, but they may reject any and all bids made in response to said published notices, and if they deem it for the best interest of the State, proceed to dispose of said bonds by private sale. Notice of issue and invitation of bids. Not to be negotiated for less than par. Any and all bids may be rejected May be disposed of at private sale 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, 1895.

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TITLE II . CONSTITUTION. ACTS. Changing organization of Supreme Court, etc. Annual pension to dependent ex-Confederate Soldiers. CHANGING ORGANIZATION OF THE SUPREME COURT, ETC. No. 186. An Act to amend the Constitution of the State by adding a new paragraph to article 6, section 2, to be known as paragraph 8, so as to change the organization of the Supreme Court, to increase the number of associate justices, to provide for elections by the people, and for other purposes. SECTION I. Be it enacted by the General Assembly, That the Constitution of this State be amended by adding a new paragraph, to be known as paragraph 8 of section 2 of article 6, which shall read as follows: New paragraph to be added to sec. 2, art. 6. The Supreme Court shall hereafter consist of a Chief Justice and five associate justices. The court shall have power to hear and determine cases when sitting, either in a body or in two divisions of three judges each, under such regulations as may be prescribed by the General Assembly. A majority of either division shall constitute a quorum for that division. The Chief Justice and the associate justices of the Supreme Court shall hereafter be elected by the people at the same time and in the same manner as the Governor and the State house officers are elected, except that the first election under this amendment shall be held on the third Wednesday in December, 1896, at which time one associate justice shall be elected for a full term of six years, to fill the vacancy occurring on January first, 1897,

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by the expiration of the term of one of the present incumbents, and three additional associate justices shall be elected for terms expiring, respectively, January 1st, 1899, January 1st, 1901, and January 1st, 1903. The persons elected as additional associate justices shall, among themselves, determine by lot which of the three last mentioned terms each shall have, and they shall be commissioned accordingly. After said first election, all terms (except unexpired terms) shall be for six years each. In case of any vacancy which causes an unexpired term, the same shall be filled by executive appointment, and the person appointed by the Governor shall hold his office until the next regular election, and until his successor for the balance of the unexpired term shall have been elected and qualified. The returns of said special election shall be made to the Secretary of State. Number of justices. May sit in a body or in two divisions. Quorum. Elections to be by the people. Time and manner of. First election under this amendment. Terms of Justices then chosen. Allotment of terms. Subsequent elections. Vacancies. SEC. II. Be it further enacted, That whenever the above proposed amendment to the Constitution shall be agreed to by two-thirds of the members elected to each of the two houses of the General Assembly, and the same has been entered on their journals, with the yeas and nays taken thereon, the Governor shall, and he is hereby authorized and instructed to cause said amendment to be published in at least two newspapers in each congressional district in this State for the period of two months next preceding the time of holding the next general election. Provisions as to adoption of this amendment. Publication of amendment. SEC. III. Be it further enacted, That above proposed amendment shall be submitted for ratification or rejection to the electors of this State at the next general election to be held after publication, as provided for in the second section of this Act, in the several election districts of this State, at which election every person shall be qualified to vote who is entitled to vote for members of the General Assembly. All persons voting at said election in favor of adopting the proposed amendment to the Constitution shall have written or printed on their ballots the words For Supreme Court amendment, and all persons opposed to the adoption of said amendment shall have written or printed on their ballots the words Against Supreme Court amendment. Election as to adoption of amendment. Qualifications of voters. Ballots. SEC. IV. Be it further enacted, That the Governor be, and he is, hereby authorized and directed to provide for the submission of the amendment proposed in the first section of this Act to a vote of the people as required by the Constitution of this State in paragraph 1 of section 1 of article 13, and by this Act and if ratified, the Governor shall, when he ascertains

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such ratification from the Secretary of State, to whom the returns shall be referred in the manner as in cases of elections for members of the General Assembly to count and ascertain the results, issue his proclamation for one insertion in one of the daily papers of this State, announcing such result and declaring the amendment ratified. Governor to provide for submission of amendment. Executive proclamation of result. SEC. V. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 16, 1895. ANNUAL PENSIONS TO DEPENDENT EX-CONFEDERATE SOLDIERS. No. 197. An Act to amend Section VI. of an Act to carry into effect the act amending paragraph I. of article VII. of the Constitution of this State, by providing an annual pension to such ex-Confederate soldiers who are by reason of age and poverty, infirmity and poverty, or blindness and poverty, unable to provide a living for themselves; to prescribe the conditions upon which payments shall be made, and appropriate the necessary funds from which said pensions are to be paid; to fix the time when the pension period shall begin; to provide fees for witnesses, applications, and to make penal the collecting, raising or demanding of fees or commissions by agents or other persons paid, approved December 15th, 1894, by striking out the word thirty, in the second line of section VI. after the word of and before the word thousand, and inserting in lieu thereof the words one hundred and twenty, and by striking the figures 1895 and 1896 and inserting the figures 1896 and 1897, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That the above recited Act be amended as follows: by striking out the word thirty, in second line of section VI. after the word of and before the word thousand, and inserting in lieu thereof the words one hundred and twenty, and by striking the figures 1895 and 1896 and inserting the figures 1896 and 1897, and by adding at the end of said section the following words: The first payment under

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this Act shall be made by January 1st, 1896, or as nearly thereafter as may be practicable, for the year 1896, and the second payment shall be made by January 1st, 1897, or as nearly thereafter as may be practicable, for the year 1897, so that said section when amended, will read as follows: Section VI. Be it further enacted by the authority aforesaid, That the sum of one hundred and twenty thousand dollars be, and the same is, hereby appropriated to pay the pensions provided for by this act for the year 1896, and a like amount is appropriated for the year 1897, to be paid out of any money in the treasury not otherwise appropriated, and the Governor is authorized to draw his warrant on the treasury to pay each applicant making the proofs required by this Act the pensions herein allowed. The first payment under this Act shall be made by January 1st, 1896, or as nearly thereafter as may be practicable, for the year 1896, and the second payment shall be made by January 1st, 1897, or as nearly thereafter as may be practicable, for the year 1897. Sec. 6 of Act of Dec. 15, 1894, amended. One hundred and twenty thousand dollars appropriated. For years 1896 and 1897. When payments shall be made. 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 16, 1895. NOTE BY COMPILER. The act of which this is amendatory may be found on p. 32 of the Acts of 1894.

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TITLE III . CODE AMENDMENTS. ACTS. Sec. 534, as amended: Peddling by Soldiers without license. Sec. 752: Additional privileges to miners for carrying off crude ores, etc. Sec. 943(a): Adding city of Blackshear to those cities in which State Depositories may be located. Sec. 943(b): Change of depository in event of failure to contract as to interest. Sec. 1291: Election blanks to be furnished to Notaries Public. Sec. 1675(a), as amended: Ownership of land by foreign corporations. Sec. 1978, as amended: Landlord's lien for supplies. Sec. 1979, as amended: Liens of material men, etc., as against owner of property. Secs. 2758-2772(a): Court contracts. Law as to repealed Sec. 3837: Production of subscribing witness, exceptions. Sec. 3888: Interrogatories, transmission by express. Sec. 4625(c), as amended: Obstruction to passage of fish. Sec. 4721: Arrests by officer out of county of his residence. Sec. 4928: Sales under execution from City Court of Savannah. SECTION 534, AS AMENDED: PEDDLING BY SOLDIERS WITHOUT LICENSE. No. 119. An Act to amend section 534 of the Code of 1882, as amended by an Act of the General Assembly, approved October 19th, 1891, which provides that disabled soldiers of this State be allowed to peddle without license, so as to allow all indigent Confederate soldiers to peddle in this State without paying license, and for other purposes, so as to provide that the benefit of said Act shall apply to all indigent or disabled soldiers of the Seminole, Creek, and Cherokee Indian wars, or Mexican war, who are residents of this State, without paying a license tax, and for other purposes. SECTION I. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act that section 534 of the Code of 1882, as amended by an Act of the General Assembly,

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approved October 19th, 1891, be amended by inserting after the word Confederate, in the 6th line of the amending Act, the following words: or Seminole, Creek, or Cherokee Indian wars, or Mexican war, who are residents of this State, so that said section shall read as follows: It shall be lawful for any disabled or indigent Confederate soldier or soldiers of the Seminole, Creek, or Cherokee Indian wars, or Mexican war, who are residents of this State, to peddle in any county or counties thereof without paying license for the privilege of so doing; and a certificate from the ordinary of any county, stating the fact of his being such disabled or indigent Confederate soldier or soldier of the Seminole, Creek, or Cherokee Indian war, or Mexican war, who are residents of this State, shall be sufficient proof; provided , That this section shall not authorize peddling ardent and intoxicating drinks; and provided further , that the privilege hereby granted shall not be transferred to, or used by, any other person. Right extended to soldiers of Indian or Mexican wars. 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 14, 1895. SECTION 752: ADDITIONAL PRIVILEGES TO MINERS FOR CARRYING OFF CRUDE ORES, ETC. No. 140. An Act to amend section 752 of the Code of 1882, so as to provide additional privileges to miners for carrying off crude ores, 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 752 of the Code of 1882 be, and the same is, hereby amended as follows: by inserting immediately after the word aqueducts and before the word as, in the fourth line of said section, the following words: or such rope, wire, track, or other tramway, or such wagon way; and by inserting immediately after the word operations in the fifth line of said section and before the word provided in the sixth line of said section, the following words: or to carry off and transport any crude ore from such mine or mining operations to the mill or

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other place of reduction where such ore is to be treated; and by inserting immediately after the word acqueducts and before the word shall in the seventh line of said section, the words: or such rope, wire, track, or other tramway, or such wagon way; and by inserting immediately after the word aqueducts and before the word and, in the tenth line of said section, the words: or such rope, wire, track, or other [Illegible Text] or such wagon way; so that said section, as amended, shall read as follows: The owner of any mine shall have the right to enter upon any land, and to cut and open thereon such ditches, canals, and tunnels, or to construct such flumes or other aqueducts, or such rope, wire, track, or other tramway, or such wagon way, as may be necessary to drain his mine, or to carry off and drain away the water and tailings of such mine or mining operations, or to carry off and transport any crude ore from such mine or mining operations to the mill or other place of reduction where such ore is to be treated; provided , that the party desiring to cut and open such ditches, canals, or tunnels, or to construct such flumes or other aqueducts, or such rope, wire, track, or other tramway, or such wagon way, shall first have the damages assessed arising, or which may arise, to the owner of such land by reason of the cutting and opening of such ditches, canals, or tunnels, or the construction of such flumes or other aqueducts, or such rope, wire, track, or other tramway, or such wagon way; and shall pay the owners of such land the damages which may be assessed in manner hereinafter mentioned. New means for draining mines allowed. Transportation of crude ores. Method of obtaining privilege to use tracks, ways, etc. 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 16, 1895. SECTION 943(a): ADDING CITY OF BLACKSHEAR TO THOSE CITIES IN WHICH STATE DEPOSITORIES MAY BE LOCATED. No. 141. An Act to amend section 943(a) of the Code of Georgia of 1882, providing for the selection by the Governor of banks in certain cities therein named as State depositories, and the several Acts of the General Assembly of the State of Georgia amendatory thereof, so as to add the city of Blackshear, Pierce county, Georgia, to the list of such cities. SECTION I. Be it enacted by the General Assembly of Georgia,

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That section 943(a) of the Code of Georgia of 1882, providing for the selection by the Governor of banks in certain cities therein named as State depositories, and the several acts of the General Assembly of Georgia amendatory thereof, be, and the same are, hereby so amended as to add the city of Blackshear, in Pierce county, Georgia, to the list of such cities. State depository may be located at Blackshear 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 16, 1895. SECTION 943(b): CHANGE OF DEPOSITORY IN EVENT OF FAILURE TO CONTRACT AS TO INTEREST. No. 118. An Act to amend section 943(b) of the Code of 1882, by adding after the word chapter, in the eighth line, the following additional words: And in the event any depository so named shall refuse to make satisfactory contract with the Governor as to interest to be paid, the Governor shall have the power and authority to remove such a depository and appoint another. In the event only one bank is situated in any city designated as a legal depository, then the Governor can place said deposits in the depository nearest situated with whom a satisfactory contract has been made. SECTION I. Be it enacted by the General Assembly of Georgia, and by the authority of the same, That section 943(b) of the Code of 1882 be amended by adding after the word chapter, in the eighth line, the following additional words, so that said section, when so amended, shall read as follows: Said State depositories shall be appointed for the term of four years from the date of their appointment, and shall be liable to be removed by the Governor in his discretion for any neglect of their official duty, and they shall receive no salary or fees from the State of Georgia, but it shall be the duty of the Governor to make with said depositories the most advantageous contracts he can for interest to be paid by them to the State for the use of the State's money which may be deposited therein, as hereinafter provided by this chapter. And in the event any depository so named shall refuse to make satisfactory

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contract with the Governor as to interest to be paid, then the Governor shall have power and authority to remove such depository and appoint another. In the event only one bank is situated in any city designated as a legal depository, the Governor can place said deposits in the depository nearest situated with whom a satisfactory contract has been made; provided , that no officer of this State shall be allowed to receive any commission, interest, or reward to himself from any source for the depositing of such money in such depositories, or for continuing such deposits. But the receiving of any such benefit by any officer shall be a felony punishable by imprisonment in penitentiary for not less than seven nor longer than twenty years, and disqualification to hold office in this State. Selection of State depositories, etc. Contracts as to interest to be paid. Failing to make satisfactory contract, change of depository. No State officer to receive benefit from deposit: Penalty. SEC. II. Be it further enacted by the authority aforesaid, That all laws and parts of law in conflict with this Act be, and the same are, hereby repealed. Approved December 14, 1895. SECTION 1291: ELECTION BLANKS TO BE FURNISHED TO NOTARIES PUBLIC. No. 51. An Act to amend section 1291 of the Code of 1882, by inserting after the word peace in the third line of said section, the words or notaries public, who are ex officio justices of the peace, so as to provide that ordinaries shall furnish election blanks to justices of the peace, or notaries public who are ex officio justices of the peace, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That section 1291 of the Code of 1882 be amended by inserting after the word peace in the third line of said section the words or notaries public who are ex officio justices of the peace, so that said section when amended, shall read as follows: Section 1291. Blanks to be furnished by Governor to ordinary. The Governor shall furnish the several ordinaries all blank forms necessary for said elections, which they shall furnish justices of the peace, or notaries public who are ex officio justices of the peace, of their counties, at least ten days before election day, and on failure to do so, shall be liable to a fine by their courts not exceeding one hundred dollars. Notaries Public, ex officio Justices of the Peace, to be furnished election blanks. Section as amended.

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SECTION 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, 1895. SECTION 1675(a) AS AMENDED: OWNERSHIP OF LAND BY FOREIGN CORPORATIONS. No. 98. An Act to amend section 1675 A of the Code of Georgia, which prohibits foreign corporations from owning more than five thousand acres of land in Georgia, as amended by the Act approved December 18th, 1893, by striking the second proviso from the first section of said Act, and inserting in lieu thereof the following: Provided, however , that the benefits and privileges of the foregoing proviso shall not apply to any foreign corporation which does or may lend money in this State at a greater rate of interest than eight per cent. per annum. In estimating the amount of interest charged, there shall be included any and all commissions or fees which may be paid to said company or its duly authorized agents. SECTION I. The General Assembly of Georgia do enact, That section sixteen hundred and seventy-five A of the Code of Georgia, of 1882, be, and the same is, hereby so amended as to strike the second proviso from section first of said amending Act, and inserting in lieu thereof the following: Provided, however , that the benefits and privileges of the foregoing proviso shall not apply to any foreign corporation which does or may lend money in this State at a greater rate of interest than eight per cent. per annum. In estimating the amount of interest charged, there shall be included any and all commissions or fees which may be paid to said company, or its duly authorized agents; so that section 1675 A of the Code of Georgia of 1882, as amended by the Act of December 18th, 1893, shall, when amended by this Act, read as follows: Act of Dec. 18, 1893, amended by striking 2d proviso from section first. Proviso added: Benefits of 1st proviso not applicable where usury charged, Commissions, etc., to be considered on question of usury. Any foreign corporation or corporations incorporated by the laws of any other State, and claiming to own lands in Georgia in quantity amounting to as much as five thousand acres, shall

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be incorporated by the laws of Georgia within twelve months after February 28th, 1877, and on their failing to do so, the State of Georgia will not consent to the said corporation owning the said lands so located in her territory, and any foreign corporation or corporations hereafter incorporated by the laws of other States, who shall claim to own lands in the State of Georgia in quantity amounting to five thousand acres or upwards, shall become incorporated by the laws of the State of Georgia, and in default thereof, Georgia will not consent that said foreign corporation or corporations incorporated by the laws of another State shall own said lands in her territory; and no foreign corporation or corporations incorporated by the laws of another State shall own more than five thousand acres of land except upon the condition aforesaid of becoming a corporation under the laws of Georgia; provided , that this section shall not apply to any foreign corporation, or any corporation incorporated by the laws of any other State engaged in the business of lending money on real estate security, nor to any such corporation which holding a lien upon real estate to secure the payment of any debt, when said corporation, in order to prevent loss, is compelled to become the purchaser of lands covered by deed or mortgage to secure a loan; provided, however , that the benefits and privileges of the foregoing proviso shall not apply to any foreign corporation which does or may lend money in this State at a greater rate of interest than eight per cent. per annum In estimating the amount of interest charged, there shall be included any and all commissions or fees which may be paid to said company or its duly authorized agents. 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 13, 1895. SECTION 1978, AS AMENDED: LANDLORD'S LIEN FOR SUPPLIES. No. 188. An Act to amend section 1978 of the Code of 1882, as amended by an Act approved October 17, 1891, by adding the following words at the end of the last word in the third paragraph of said section to wit: or when other legal process not in favor of the landlord nor controlled by him nor levied at his instance or procurement, is being enforced against said crops, and for other purposes.

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SECTION I. Be it enacted by the General Assembly of Georgia, That from and after the passage of this Act, section 1978 of the Code of Georgia of 1882, as amended by an Act approved October 17, 1891, be, and is, hereby amended by adding at the end of the last word in the third paragraph, the following words, to wit: or when other legal process, not in favor of the landlord nor controlled by him nor levied at his instance or procurement, is being enforced against said crops, so that said section, when amended, shall read as follows: Section 1978. Liens for supplies, etc., furnished. Landlords furnishing supplies, money, horses, mules, asses, oxen, farming utensils of necessity, to make crops, shall have the right to secure themselves from the crops of the year in which such things are done or furnished, upon such terms as may be agreed upon by the parties, with the following conditions: Addition to par. 3, of sec. 1978, as amended. Foreclosure before debt due, when process of others being enforced. Section as amended. (1) The liens provided for in this section shall arise by operation of law from the relation of landlord and tenant, as well as by special contract in writing, whenever the landlord shall furnish the articles enumerted in said section, or any one of them, to the tenant, for the purpose therein named. Said liens may be enforced in the manner provided in section 1991 of this Code. (2) Whenever said liens may be created by special contract in writing, as now provided by law, the same shall be assignable by the landlord, and may be enforced by the assignees in the manner provided for the enforcement of such liens by landlords. (3) They shall only exist as liens on the crops of the year in which they are made, and may be foreclosed before the debt is due if the tenant is removing or seeking to remove his crop from the premises, or when other legal process, not in favor of the landlord nor controlled by him nor levied at his instance or procurement, is being enforced against said crops. (4) Every person giving a lien under this section, having previously given a lien or liens under it or any other lien, shall, when giving a new lien under this section, on the same property to another person, inform such person, if interrogated, as to the facts of the amount of such lien or liens and to whom given. (5) Such person giving false information as to the facts aforesaid shall be deemed a common cheat and swindler, and on conviction thereof shall be punished as prescribed in section 4310 of this Code. (6) The liens created under this section are hereby declared to be superior in rank to other liens, except liens for taxes, the

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general and special liens of laborers, and the special liens of landlords, to which they shall be inferior and shall as between themselves and other liens not herein excepted rank according to date. SEC. II. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 16, 1895. SECTION 1979, AS AMENDED: LIENS OF MATERIAL MEN, ETC., AS AGAINST OWNER OF PROPERTY. No. 159. An Act to amend section 1979 of the Code of 1882, relating to liens of mechanics and material men, as amended by the Act approved December 18, 1893, by providing that such liens shall attach upon such real estate as against the owner thereof to the extent of no more than 25 per cent. of the contract price agreed to be paid by the owner to the contractor or person other than the owner; and by further providing for the distribution of said twenty-five per cent., and for other purposes. SECTION I. Be it enacted by the General Assembly of Georgia, That section 1979 of the Code of Georgia of 1882, which relates to liens of mechanics and material men, as amended by the Act of December 18, 1893, be further amended by striking from the 18th and 19th lines of said section, as amended, the words for a lien of 25 per cent. of the contract price, and inserting in lieu thereof the word for the amount; by striking the word for, in the 21st line of said amended section, and inserting in lieu thereof the word of, and by adding to said section, as amended by said Act, the words: Said lien shall attach upon said real estate, as against the owner thereof, to the extent of no more than 25 per cent. of the contract price agreed to be paid by such owner to such contractor or other person than the owner. Such real estate shall be discharged from such lien when it shall appear that such owner or his successor in estate has paid out said 25 per cent. pro rata to the persons entitled to such liens, as provided in the above section of this act; but no person shall be so entitled who has not given the written notice as above provided and who has not duly recorded his claim of lien; so that said section, when

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amended, shall read as follows: Section 1979. Lien of mechanics, etc. All mechanics of every sort, who have taken no personal security therefor, shall, for work done and material furnished in building, repairing or improving any real estate of their employers; all contractors, material men, and persons furnishing material for the improvement of real estate; all contractors for building factories, furnishing material for the same, or furnishing machinery for the same; and all machinists and manufacturers of machinery, including corporations engaged in such business, who may furnish or put up in any county of this State any steam mill or other machinery, or who may repair the same, and all contractors to build railroads, shall each have a special lien on such real estate, factories or railroads. When work done or material furnished for the improvement of real estate is done or may be furnished upon the employment of a contractor or some other person than the owner, then, and in that case, the lien given by this section shall attach upon the real estate improved, as against such true owner, for the amount of the work done or material furnished for the improvement of said real estate, upon written notice given to him of the amount of work done or material furnished; said notice to be given within thirty days of the completion of the work or the furnishing of the material. Said lien shall attach upon said real estate, as against the owner thereof, to the extent of no more than 25 per cent. of the contract price agreed to be be paid by such owner to such contractor or other person than the owner. Such real estate shall be discharged from such lien when it shall appear that such owner or his successor in estate has paid out said 25 per cent. pro rata , to the persons entitled to such liens as provided in the above section of this Act; but no person shall be so entitled who has not given the written notice as above provided, and who has not duly recorded his claim of lien as required by law. Lien to attach to extent of 25 per cent of contract price to be paid [Illegible Text]. How lien may be discharged Who entitled to share 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 16, 1895. NOTE BY COMPILER.In connection with this Act, see Acts of December 18, 1893 (Acts of 1893, p. 34). Also Acts of 1890-91, p. 233. For constructions of said Acts, see McAuliffe vs Bailie et al. , 89 Ga. 356; Royal vs. McPhail , Supreme Court of Georgia, decided October 28, 1895.

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SECTIONS 2758-2772(a): COURT CONTRACTS. LAW AS TO REPEALED. No. 127. An Act to repeal the law defining and regulating court contracts and prescribing the manner of enforcing the same, as contained in sections 2758 to 2772(a), inclusive, of the revised Code of 1882, and for other purposes. SECTION I. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That the following sections of the revised Code of 1882, to wit: section 2758, which provides that any written agreement for a term of service not exceeding one year, or for the lease, rent, or occupation of lands or tenements not exceeding a like term, may, at the option of the parties, be filed in the county court, the parties, or either of them, retaining a duplicate, if they so desire; section 2759, which provides that an agreement thus filed shall be known as a court contract, and shall have the force and effect of a judgment or decree, for the specific performance of its terms, both as to express stipulations and the plain duties and obligations resulting therefrom, by implication of law; section 2760, which provides that all issues of fact arising under a court contract, by the provisions of this chapter, shall be tried by a jury, when either party demands it; provided , that in those counties where there is a county court, and the county judge exercises civil jurisdiction, such judge may determine the issues specified in this section as is provided in other civil cases, with the same rights of defendant as to certiorari and appeal; section 2761, which provides that performance of the stipulations, duties, and obligations of a court contract may, from day to day, and from time to time, be enforced by the county court, by orders entered on the minutes for that purpose; section 2762, which provides that such orders may be carried into effect by attachment for contempt or any other writ, execution, or process known to the law and used in any court for affording redress to parties, or for maintaining its own authority and dignity; section 2763, which provides that damages for a breach of a court contract may be awarded by similar orders, and payment thereof enforced by like means as those specified in the preceding section; section 2764, which provides that at the election of the party aggrieved,

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the contract may be declared rescinded, and such party restored to his original situation as nearly as possible; section 2765, which provides that any other order requisite to the attachment of substantial justice, in the particular case, may also be passed and enforced; the court always keeping in view, as cardinal points, that each party is to be compelled to perform his contract, or to forfeit, for any material default, the whole or a part of its benefits, and in addition thereto to make full and fair compensation to the opposite party for any damage occasioned by a breach thereof; section 2766, which provides that in construing the contract, time is to be regarded as of the essence of the same. Whatever is stipulated to be done by either party must be done at the very time or times specified, unless rendered impossible by the act of God, or the act of law; section 2767, which provides that at the expiration of the term fixed by the contract, the relation established thereby shall cease without notice to or from either party; section 2768, which provides that the power of the county court, by appropriate orders, to compel payments, or to award and collect damages, or to place the..... parties in their former situation, shall nevertheless continue, subject only to the condition that any order for one or more of these purposes shall be applied for within two months after the expiration of the time limited in the contract for its full and final performance; section 2769, which provides that breaches not proceeded for as set forth in the preceding section may be the subject of regular suit or action at any time, within the statutory period applicable to similar actions on other contracts; section 2770, which provides that a court contract may be set aside in the county court for fraud by a direct proceeding for that purpose, or it may be collaterally impeached for fraud, either in that court or in any other; section 2771, which provides that no court contract shall bind any party who signs the same by making his mark, unless said writing, in its attestation clause or elsewhere, specify that it was read over in the hearing of such party, or unless it is made to appear by direct and positive evidence that the party could read easily ordinary writing for himself, or that the instrument in question was in fact fully and correctly read to him at the time of its execution; section 2772, which provides the remedy hereinbefore provided for in the county court on court contracts is not exclusive, but cumulative only; section 2772(a), which provides that the courts of ordinary, in such counties in this State as may not have county courts established

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or organized, shall have power and jurisdiction to file, enforce, and to hear and determine any issue arising out of what are known as court contracts, in the manner and to the same extent as now allowed the county courts of this State, and as is provided for in section 2758 to 2772, inclusive, of the revised Code of 1873, be, and the same are, hereby repealed. Sec. 2758 repealed. Sec. 2759 repealed. Sec. 2760 repealed. Sec. 2761 repealed. Sec. 2762 repealed. Sec. 2763 repealed. Sec. 2764 repealed. Sec. 2765 repealed. Sec. 2766 repealed. Sec. 2767 repealed. Sec. 2768 repealed. Sec. 2769 repealed. Sec. 2770 repealed. Sec. 2771 repealed. Sec. 2772 repealed. Sec. 2772(a) repealed. SEC. II. All laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 14, 1895. SECTION 3837: PRODUCTION OF SUBSCRIBING WITNESS, EXCEPTIONS. No. 152. An Act to amend section 3837 of the Code of 1882, relating to cases in which the subscribing witnesses must be produced with certain stated exceptions, by adding at the end of said section the following additional exception: 5th. If the party executing the written instrument testifies to its execution. SECTION I. Be it enacted by the General Assembly, and it is hereby enacted by authority of the same, That section 3837 of the Code of 1882, relating to cases in which the subscribing witnesses must be produced with certain stated exceptions, be amended by adding at the end of said section the following additional exception, to wit: Additional exception. 5th. If the party executing the written instrument testifies to its execution. If party executing testifies to execution. SEC. II. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 16, 1895. SECTION 3888: INTERROGATORIES, TRANSMISSION BY EXPRESS. No. 181. An Act to amend section 3888 of the Code of Georgia of 1882, so as to provide for interrogatories to be transmitted by express, and for other purposes. SECTION I. Be it enacted by the General Assembly of the

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State of Georgia, and it is hereby enacted by authority of the same, That section 3888 of the Code of the State of Georgia of 1882 be amended by inserting in the tenth line of said section, between the word mail and the words or intrusted, the words or express, and by inserting in the eleventh line of said section, between the word postmaster and the word receiving, the words or agent of the express company; and by inserting in the thirteenth line of said section, after the word mail and before the word in, at the beginning of the next sentence, the words and the agent of the express company delivering it to the court must certify to its reception by due course of express; and by striking out of the thirteenth line the words the latter case and inserting in lieu thereof the words case the package is intrusted to the party or some private hand; and by striking out from the tenth line of said section the words in the former, and by striking out of the eleventh line of said section the word case; so that said section, when so amended, shall read as follows: Duty of Commissioners: The answer should be made under oath and certified to be so taken. They should be written out plainly and be full and explicit to all the direct and cross-interrogatories; they should be signed by the witness and attested officially by the commissioners named in the commission, and the place of execution should also appear. The interrogatories, answers, and commissions should then be sealed up in an envelope with the names of the commissioners written across the seal and directed to the officer of the court whence the commission issued. The package can be sent by mail or express, or intrusted to the party, or some private hand. The postmaster or agent of the express company receiving it from the commissioner must certify to the fact; and the postmaster delivering it to the court must certify to its reception by due course of mail, and the agent of the express company delivering it to the court must certify to its reception by due course of express. In case the package is intrusted to the party or some private hand, the person receiving and delivering it in court must make affidavit of the fact and of its freedom from alteration. Transmission by express. Certificate of reception. Delivery by agent express company. Section as amended. SEC. II. Be it further enacted, That all laws or parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 16, 1895.

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SECTION 4625(c), AS AMENDED: OBSTRUCTION TO PASSAGE OF FISH. No. 123. An Act to amend an Act entitled an Act to amend section 4625(c) of the Code of 1882, and for other purposes. SECTION I. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of same, That from and after the passage of this Act, section 4625(c) of the Code of Georgia of 1882 be, and the same is, hereby amended by adding a proviso at the end of said section, as follows: provided , the words low-water mark shall not apply to fresh water drains, so that said section, when amended, shall read as follows: Low water mark not to apply to fresh water drains. It shall not be lawful for any person or persons to construct, erect, or place in the waters of any river or creek, or any fresh water drain in this State, any dam, trap, net, seine, or other device for catching fish unless the main channel of such stream is left open for a space of ten feet for rivers, and one-third channels of creeks, at low-water mark, unobstructed for the free passage of fish up or down such stream; and any person or persons violating the provisions of this section shall be guilty of a misdemeanor, and on conviction in any court having jurisdiction of like offenses, in any of the counties through which such stream passes, shall be punished as prescribed in section 4310 of the Code; and the sheriff of the county, upon complaints of persons in the territory of such obstructions, shall have full authority to break and open any dam, net, or other obstruction now in such waters, or that may hereafter be placed in them for the space of ten feet for rivers, and one-third of creeks or any fresh water drains at low-water mark, so as to freely carry out this section; provided , that nothing herein contained shall be so construed as to interrupt dams that are now or may hereafter be made for milling or manufacturing purposes, provided the words low-water mark shall not apply to fresh water drains. Section as amended. 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 14, 1895. NOTE BY COMPILER.This Act fails to properly specify the Act of which it is intended to be amendatory. It evidently is intended to amend section 4625(c) as amended by the Act of October 21, 1891. (Acts of 1890-91, p. 85.) See, also, Acts of 1893, p. 133.

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SECTION 4721: ARRESTS BY OFFICER OUT OF COUNTY OF HIS RESIDENCE. No. 157. An Act to amend section 4721 of the Code of Georgia, repealing that part of the same which makes it the duty of the arresting officer to carry the accused to the county in which the offense is alleged to have been committed, and to provide for the payment of the expenses of the arresting officer. SECTION I. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That section 4721 of the Code of Georgia of 1882 be amended as follows, to wit: It shall be lawful for any sheriff, constable, or other arresting officer of this State to arrest any person charged with crime under a warrant issued by any judicial officer of this State, in any county of the State, without regard to the residence of the said arresting officer. And it is hereby made the duty of such arresting officer to carry said accused, with the warrant under which he was arrested, to the county in which the offense is alleged to have been committed, for examination before any [Illegible Text] officer of the said county. And it shall be the duty of the county where the alleged offense is committed to pay the expenses of the arresting officer in carrying the prisoner to the county, said arresting officer being hereby empowered to hold or imprison the defendant long enough to enable him to get ready to carry the prisoner off. Where arrest by officer out of county of his residence. County where offense committed to pay expense of carrying prisoner. Officer may hold prisoner, how long. 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, 1895.

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SECTION 4928: SALES UNDER EXECUTION FROM THE CITY COURT OF SAVANNAH. No. 228. An Act to amend section forty-nine hundred and twenty-eight (4928) of the Code of eighteen hundred and eighty-two (1882), relating to sales of property under execution, issuing out of the city court of Savannah, by providing that sales of property taken under execution or other process by the sheriff of the city court of Savannah, may be advertised in any newspaper published in Chatham county, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That section forty-nine hundred and twenty-eight (4928) of the Code of Georgia of eighteen hundred and eighty-two (1882), relating to sales of property under execution, issuing out of the city court of Savannah, be, and the same is, hereby amended, by adding to said section, at the end thereof, these words: And in all cases where property shall so be taken under execution or other process by the sheriff of said city court, the advertisement or notice of all sales thereunder shall be published by the sheriff of said court in any newspaper, to be selected by said sheriff in each case, which may be published in Chatham county; so that said section, as herein amended, shall read as follows: Section 4928. Sales of property under execution. All sales of property taken under execution by the sheriff of said court, or any sheriff of a county, shall be conformable to the laws of the State regulating sheriff's sales, and in all cases where property shall be taken under execution or other process by the sheriff of said city court, the advertisement or notice of all sales thereunder, shall be published by the sheriff of said court in any newspaper, to be selected by said sheriff in each case, which may be published in Chatham county. Publication of advertisement of sales. 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 16, 1895.

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TITLE IV. SUPERIOR AND CITY COURTS. ACTS. Changing fall terms of Irwin Superior Court. Only one grand jury for each regular term courts of Tallapoosa Circuit, etc. Changing Spring terms of Dawson Superior Court. Changing Spring terms of Pulaski Superior Court. Changing terms of Floyd and Chattooga Superior Courts. Amending Act of October 19, 1891, as to establishing City Courts. CHANGING FALL TERMS OF IRWIN SUPERIOR COURT. No. 18. An Act to change the time of holding the fall term of Irwin superior court, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act, the time of holding the fall term of Irwin superior court shall be changed from the first Monday in October to the first Monday in November of each year. Fall term to be held first Monday in November. SEC. II. Be it further enacted, That all writs, processes, orders, summons, and other proceedings, returnable to said term of court prior to the passage of this Act, shall be held and considered as returnable to the term of said court as herein fixed and prescribed. Return of writs, etc. SEC. III. Be it further enacted, That all laws in conflict with this Act be, and the same are, hereby repealed. Approved November 27, 1895.

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ONLY ONE GRAND JURY FOR EACH REGULAR TERM COURTS OF TALLAPOOSA CIRCUIT, ETC. No. 103. An Act to amend an Act entitled an Act to fix the time of holding the courts in the various counties composing the Tallapoosa circuit of this State, approved December 24th, 1890, by striking out section (III.) three of said Act, and insert in lieu thereof the words hereinafter set forth, so that only one grand jury shall be drawn to serve during each regular term of said courts. SECTION I. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That section III. of an Act entitled an Act to fix the time of holding the courts in the various counties composing the Tallapoosa circuit of this State, approved December 24th, 1890, be, and the same is, hereby amended by striking out all of section III. and inserting in lieu thereof as follows: Sec. 3 of Act of Dec. 24, 1890, stricken. SEC. III. Be it further enacted by the authority aforesaid, That one grand jury shall be drawn by the presiding judge for each of the regular terms of Polk, Haralson, and Paulding courts, and that such grand jury shall serve during the whole of such regular terms, unless sooner discharged by the court, and such judge shall also draw one traverse jury for each week of the regular terms of all said courts, and the judge may draw grand and traverse jurors for adjourned terms of all of said courts. One grand jury for each regular term. One traverse jury for each week. Juries for adjourned terms. 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, 1895. CHANGING SPRING TERMS OF DAWSON SUPERIOR COURT. No. 114. An Act to change the time of holding the spring term of Dawson superior court, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is enacted by authority of the same, That from and after the passage of this Act the time of holding the spring term of Dawson superior court shall be changed from the third Monday in March to the second Monday in February in each year. Spring term to be held second Mondays in February.

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SEC. II. Be it further enacted, That all writs and processes, orders, summons, and other proceedings, returnable to said spring term of court prior to the passage of this Act, shall be held and considered as returnable to the term as herein fixed and prescribed. Return of writs, etc. SEC. III. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 13, 1895. CHANGING TERMS OF PULASKI SUPERIOR COURT. No. 213. An Act to change the time of holding the superior court of Pulaski 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 time of holding the superior court of Pulaski county shall be changed from the third and fourth Mondays in February and November, as heretofore held, to the second and third Mondays in February and August in each year. Terms changed to second and third Mondays in February and November. SEC. II. Be it further enacted, that all petitions, writs, processes, orders, summons, and other proceedings returnable to said terms of said court prior to the passage of this Act, shall be held and considered as returnable to the terms of said court fixed by this Act. Return of writs, etc. SEC. III. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 16, 1895. CHANGING TERMS OF FLOYD AND CHATTOOGA SUPERIOR COURTS. No. 215. An Act to amend an Act, approved December 20th, 1893, entitled Act to amend an Act, approved December 29th, 1890, fixing the time for holding the superior court in the counties composing the Rome judicial circuit in this State, and for other purposes, by changing the time for holding Floyd superior court to the third Mondays in July and January, and Chattooga superior court to the second Mondays in July and January. SECTION I. Be it hereby enacted by the General Assembly of

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the State of Georgia, That section I. of the above recited Act be, and the same is, hereby amended by striking from said section, in line eleven thereof, the words with the year 1895, and inserting in lieu thereof the words beginning immediately upon the passage and approval of this Act; and by striking from said section, in line fourteen, the words second Mondays in January and July, and inserting in lieu thereof the words, Third Mondays in July and January; and by striking from said section, in line sixteen thereof, the words in March and September, and inserting in lieu thereof the words July and January, so that said section, when amended, shall read as follows: Sec. I of Act of Dec. 20, 1893, amended. Terms of Floyd superior court. Of Chattooga superior court. SEC. I. Be it enacted by the General Assembly of the State of Georgia, That beginning immediately upon the passage and approval of this Act, the terms of the superior courts for the several counties composing the Rome judicial circuit of this State shall be as follows, to wit: For the county of Floyd, on the third Mondays in July and January; for the county of Walker, on the third Mondays in February and August; for the county of Chattooga, on the second Mondays in July and January. Section as amended. SEC. II. Be it further [Illegible Text] by authority of the same, That section I. of said Act be amended by adding after the word Floyd, in the second line of said section, the words and Chattooga, so that said section, when amended, shall read as follows: Sec. 2 amended. SEC. II. Be it further enacted, That the time now fixed by law for holding the superior courts of the county of Floyd and Chattooga shall continue to be operative until the time fixed in the preceding section for the change. Terms now fixed to continue, how long. 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, 1895.

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AMENDING ACT OF OCTOBER 19, 1891, AS TO ESTABLISHING CITY COURTS. No. 226. An Act to amend an Act, approved October 19, 1891, entitled an Act to establish city courts in counties having a population of fifteen thousand or more, where the same do not now exist, upon the recommendation of the grand juries of said counties, to define the powers, mode of selecting officers and jurisdiction of the same, and for other purposes, and the various Acts amendatory thereof; so as to provide for the abolishment of any courts established thereunder, and to authorize the grand juries, in the several counties that now have or may hereafter have said city courts established, to regulate, alter, or change the salary of the judge of said court. SECTION I. Be it enacted by the General Assembly of Georgia, That from and after the passage of this Act, that the above entitled Act be, and the same is, hereby amended by adding to the end of the second section of said act the following: In any county that now has or may hereafter establish any city court under this Act, said court may be abolished by the General Assembly, and the Act abolishing said court shall not relate to or affect any court other than the one sought to be abolished; and the last grand jury preceding the expiration of the judge's term in any county that now has or may hereafter establish a city court under this Act, may alter, by increasing or diminishing the salary of the judge next to be appointed, provided said change of salary shall not affect any incumbent then in office, so that said section, when amended, shall read as follows: That the grand jury, voting to establish said court shall at the same time fix the salary of the judge and the pay of such other officers as are necessary for said court whose compensation is not now fixed by law. In any county that now has or may hereafter establish any city court under this Act, said court may be abolished by the General Assembly, and the Act abolishing said court shall not relate to or affect any court other than the one sought to be abolished; and the last grand jury preceding the expiration of the judge's term in any county that now has or may hereafter establish a city court under this Act, may alter, by increasing or diminishing, the salary of the judge next to be appointed, provided said change of salary shall not affect any incumbent then in office. Sec. 2 amended How court may be abolished. Act abolishing not to affect other courts. Salary of judge may be altered by grand jury. 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 16, 1895.

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TITLE V . JUDICIARY. ACTS. Entry and announcement of continuances, etc. Service by publication in certain cases. Selection of Judge pro hac vice in county courts. Service of bills of exceptions upon non-resident, unrepresented defendants. Regulating practice in superior courts. Vacation, hearings, etc., in without order in term. Parties to actions, how made. Auditors, act as to amended. Magistrates to preside out of their districts, for magistrates disqualified. Private hearings in certain cases, act amended. ENTRY AND ANNOUNCEMENT OF CONTINUANCES, ETC. No. 77. An Act to require judges of the superior courts, judges of the city and county courts of this State, upon the continuance of any case in their respective courts, to enter upon their dockets opposite such case the date of the continuance thereof, to make public announcement in open court of such continuance at the time of such continuance, to provide for the making out of claims for costs by witnesses for their fees for such attendance, 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 judges of the superior courts, judges of the city and county courts of this State, and such judges are hereby required, upon

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the continuance of any case, to enter the date of such continuance upon their dockets opposite such case, and to make public announcement in open court of such continuance. Judges to enter continuances. And publicly announce them. SEC. II. Be it further enacted by the authority aforesaid, That witnesses, in making out their bills of costs, or in making proof of their claims for costs for attendance as witnesses [must] set out the dates of the months for which such witness[es] claim that they served, and shall not charge or receive pay for any day after the date on which such case was continued, as shown by the judge's entry on the docket, nor shall any witness charge or receive pay for services except for such dates as he really served before such continuance. Witness's fees. SEC. III. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 11, 1895. SERVICE BY PUBLICATION IN CERTAIN CASES. No. 128. An Act to provide for service by publication in certain cases, 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 where any non-resident or person unknown claims or owns title to, or an interest, present or contingent, in any real or personal property in this State, service on such non-resident or unknown owner or claimant may be made by publication in cases affecting such property where proceedings are brought: Services by publication on non-residents or persons unknown. 1. To remove a cloud therefrom or quiet title thereto. In what cases. 2. To cancel or set aside deeds, mortgages, liens, or encumbrances thereon. 3. To establish, enforce, or foreclose liens thereon. 4. To enforce, by decree for specific performance, any contract in reference thereto. 5. To order the partition thereof by division or sale. 6. To make any decree or order in which the subject of the action is real or personal property in this State, in which a non-resident or unknown person has or may have, or claims an interest, actual or contingent, and in which the relief demanded consists wholly or in part in excluding him from an interest therein.

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7. And where a non-resident or person unknown has or may have, or may claim present, future, or contingent [Illegible Text] in any property in this State, and in all cases in which such person may have or claim any interest in any trust estate in this State, and it becomes necessary or proper or advantageous to order a sale of the whole or any part of such property, service upon such non-resident or unknown person may be perfected by publication. SEC. II. Be it further enacted, That nothing herein shall be construed to [Illegible Text] any law now of force in this State, but the same shall be held and deemed supplemental to existing laws. This act supplemental. Approved December 14, 1895. SELECTION OF JUDGE PRO HAC VICE IN COUNTY COURTS. No. 129. An Act to amend an Act of the General Assembly of Georgia, approved December 6, 1880, making it the duty of the clerk of the county court, where there is one, and the duty of the clerk of the superior court, where there is no clerk of the county court, to select a judge, should the parties litigant fail or refuse to agree upon counsel, instead of having the case transferred to the superior court for trial, 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 2d of the Act of the General Assembly of Georgia, approved December 6, 1880, be amended by striking out all of said section after the word duty, in the third line thereof, and inserting in lieu thereof the following: of the clerk of the county court, where there is one, and the duty of the clerk of the superior court, where there is no clerk of the county court, to select any attorney practicing in the court to preside in such case and try the same, so that said section, when amended, [Illegible Text] read as follows: Should the parties litigant fail or refuse to agree upon counsel to preside in such case, it shall be the duty of the clerk of said court, where there is one, and the duty of the clerk of the superior court where there is no clerk of the county court, to select any attorney practicing in the court to preside in such case and try the same. Sec. 2 of Act of Dec. 6, 1880, amended. By whom judge pro hac vice to be chosen. Section as amended. SEC. II. Be it further enacted, That all laws in conflict with this Act be repealed. Approved December 14, 1895.

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SERVICE OF BILLS OF EXCEPTION UPON NON-RESIDENT, UNREPRESENTED DEFENDANTS. No. 130. An Act to prescribe the method of serving bills of exception upon non-resident and unrepresented defendants in error, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That whenever a bill of exceptions is sued out in the trial court, and is certified and filed in said court, and it appears therein that a defendant in error or defendants in error are non-residents of this State, and is or are not represented by counsel so that he or they may be served with a copy or copies of said bill of exceptions, it shall be the duty of the clerk of said court, upon the request of the counsel suing out said bill of exceptions, to give notice to said non-resident defendant or defendants by mailing a letter addressed to them at their post-offices, said notice to contain a statement of the case that he or they are defendants in error therein, and that the bill of exceptions has been filed, and that it will be forwarded to the Supreme Court, and will be heard in that court at the term thereof; and this notice shall be sufficient to authorize the Supreme Court to hear and determine said case, and the judgment made therein shall bind the defendants so far as their assets in this State are concerned. Method of service. Notice to be mailed. Effect of notice. SEC. II. Be it further enacted, That when the clerk has mailed said notice, as above required, he shall enter his certificate of the fact upon the bill of exceptions. Clerk to certify fact of notice. 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 14, 1895. REGULATING PRACTICE IN THE SUPERIOR COURT. No. 137. An Act to regulate practice in the superior court in cases now or hereafter pending, and for other purposes. SECTION I. Be it enacted by the Legislature of the State of Georgia, and it is hereby enacted by authority of the same, That in all causes where the plaintiff files a petition with an affidavit attached that the facts stated in the petition are true to the best of

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his knowledge and belief, the defendant shall in like manner verify any plea or answer, and in cases where a corporation is defendant, the affidavit may be made by the president, vice-president, superintendent, or any officer or agent who knows, or whose official duty it is to know, about the facts and matters set out in the answer. Where petition sworn to, plea or answer must be. SEC. II. Be it further enacted, That in all cases now or hereafter pending, the judge at each term shall call the appearance docket upon some day previously fixed, or on the last day of the term, and upon such call all cases in which the defendant has not filed a demurrer, plea, or answer, or other defense shall be marked in default. Call of appearance docket. SEC. III. Be it further enacted, That at any time within thirty days after the entry of default, the defendant, upon payment of all costs which have accrued, shall be allowed to open the default and file his defense by demurrer, plea, or answer. In cases now pending, default may be opened in all cases when a plea or defense has been filed before the trial term. Opening default. SEC. IV. Be it further enacted, That if the default is not opened as provided in the preceding section, the plaintiff shall be entitled at the trial term to take a verdict or judgment as the case may require. When default not opened. SEC. V. Be it further enacted, That at the trial term the judge in his discretion, upon payment of costs, may allow the default to be opened for providential cause preventing the filing of a plea, or for excusable neglect, or where the judge, from all the facts, shall determine that a proper case has been made, for the default to be opened on terms to be fixed by the court. In order to allow the default to be thus opened, the showing shall be made under oath, shall set up a meritorious defense, shall offer to plead instanter, and announce ready to proceed with the trial. Opening default at trial term. Showing for. SEC. VI. Be it further enacted, That in all cases where the damages are not liquidated and a judgment by default is rendered, the plaintiff shall be required to introduce evidence and establish the amount of damages. The defendant may contest the amount of such damages before the jury with a right to move for a new trial in respect to such damages and except as in other cases. Default where damages not liquidated. SEC. VII. Be it further enacted, That the defendant, after the time allowed for answer has expired, shall not in any case by amendment set up any new facts or defense of which notice was not given by the original plea or answer, unless at the time of filing such amended plea or answer, containing the new answer, he shall attach an affidavit that at the time of filing the original plea or

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answer, he did not have notice or knowledge of the new facts or defense set out in the amended plea or answer. Amendment of plea or answer. SEC. VIII. Be it further enacted, That in making his plea or answer the defense may in a single paragraph deny any or all of the allegations contained in the petition; or in a single paragraph he may admit any or all of the allegations contained in any or all of the paragraphs of the petition. Plea or answer may be in one paragraph. SEC. IX. Be it further enacted, That no verdict or judgment by default shall ever be taken in a divorce suit, but the allegations in such petition shall be established by evidence before the juries. No verdict or judgment by default in divorce cases. 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 16, 1895. VACATION, HEARINGS, ETC., IN WITHOUT ORDER IN TERM. No. 135. An Act to confer on the judges of the superior courts and city courts of this State jurisdiction to hear and decide, in vacation, motion for new trial, certioraries, and all other matters which can be heard and determined without the intervention of a jury, without any order being passed in term time in regard thereto, 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 several judges of the superior and city courts of this State shall have power and authority to hear and determine, in vacation as well as in term time, without any order of court passed in term time, all motions for new trial, certioraries, and all such other matters as they can now hear and determine in term time, and which are not referred to a jury. Motions for new trials, etc., may be heard and determined in vacation. SEC. II. Be it further enacted, That the hearing of all cases provided for in the first section of this Act shall be fixed by the judge upon the application of either party or his counsel, of which time and place the party making said application, or his attorney, shall give the opposite party or his attorney at least ten days' notice in writing. How hearing to be fixed. Notice of application therefor. SEC. III. Be it further enacted, That all laws and parts of laws in conflict with this Act are hereby repealed. Approved December 14, 1895.

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PARTIES TO ACTIONS, HOW MADE. No. 149. An Act to regulate practice in the courts of this State. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That where for any cause it becomes necessary or proper, under existing laws, to make parties, the judge shall cause a rule to be prepared, signed by him, which he may do either in term time or vacation, calling on the person to show cause why he should not be made a party, the answer to which rule may be heard in term or vacation. Rule to make parties. Answers. SEC. II. Be it further enacted by authority of the same, That in all cases, except those in which representatives of deceased parties are made, the new party shall be entitled to the same time within which to prepare for trial as if he had been one of the original parties to the cause; but in all cases now or hereafter pending in the courts of this State, any original or new party may consent to the trial at the first term, provided the case is ready for trial. Time allowed new parties to prepare for trial. Trial at first term by consent. 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, 1895. AUDITORS, ACT AS TO AMENDED. No. 175. An Act to amend an Act entitled an Act to provide for the appointment of auditors, prescribe their duties, fix their compensation, etc., approved December 18th, 1894, so as to more distinctly provide in what cases exceptions to the auditor's report shall be submitted to a jury, and also to provide that the judges of the superior or city courts may, upon their own motion, submit certain cases to an auditor. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That the above recited Act shall be amended by inserting after the word court, in the eighth line of the first section of said Act, the following: provided, however , that said judge may, upon his own motion, when in his judgment the facts and circumstances of any such case require it, refer the same to an auditor, and also by striking from said section the words, but the final decision upon all exceptions of facts shall be by a jury, at the end of said section, so that, when amended, said section shall

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read as follows: Section 1. Be it enacted by the General Assembly of Georgia, That from and after the passage of this Act, the duties heretofore performed by a master in the superior court shall be performed by an auditor; and in term time or vacation, upon application of either party, after notice to the opposite party, the judge of the superior court, in equitable proceedings if the case shall require it, may refer any part of the facts to an auditor to investigate and report the result to the court; provided, however , that said judge may, upon his own motion, when in his judgment the facts and circumstances of any such case require it, refer the same to an auditor. His report shall be prima facie the truth, either party having the liberty to except. Sec. 1 of Act of Dec. 18, 1894, amended. Judge may refer on his own motion in equitable proceedings. Requirement as to jury trial, stricken. Section as amended. SEC. II. Be it further enacted, That section 2 of said Act shall be amended by adding after the word party, in the fifth line of said section, the following: or he may, upon his own motion, when in his judgment the facts and circumstances of any such case require it, so that, when amended, said section shall read as follows: Section 2. Be it further enacted, That in all cases now pending or hereafter to be brought in the superior or city courts, involving matter of account, if the case shall require it, the judge of said court, in term time or vacation, may, upon the application of either party after notice to the opposite party, or he may, upon his own motion, when in his judgment the facts and circumstances of any such case require it, appoint an auditor to investigate such matters of account and report the result to the court. Sec. 2 amended. Judge may refer on his motion in matters of accounting. Section as amended. SEC. III. Be it further enacted, That section 15 of said Act be, and the same is, hereby repealed, and in lieu thereof the following is adopted: Section 15. That in all law cases where an auditor is appointed, exceptions of fact to his report shall be passed upon by the jury as in other issues of fact, and in equity cases by the jury when approved by the judge. The report shall be taken as prima facie correct, and the burden be upon the party making the exceptions, who shall have the right to open and conclude the argument. Sec. 15 repealed. New sec. 15. Jury trial on exceptions of facts in law cases. SEC. IV. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and they are, repealed. Approved December 16, 1895.

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MAGISTRATES TO PRESIDE OUT OF THEIR DISTRICTS FOR MAGISTRATES DISQUALIFIED. No. 182. An Act to authorize justices of the peace and notaries public of this State to preside in districts other than those they were elected or appointed to, when the justices or notaries public are disqualified to preside, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of same, That from and after the passage of this Act, any justice of the peace or notary public elected or appointed in their respective district in this State, is hereby authorized to sit as such justice or notary public in districts of their own county other than the district they were elected or appointed to, in any and all cases when the justice of the peace and notary public of such district is disqualified. Magistrates may preside out of their districts. For magistrates disqualified 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 16, 1895. AMENDING ACT AUTHORIZING PRIVATE HEARINGS IN CERTAIN CASES. No. 218. An Act to amend an Act, approved October 15, 1891, to authorize the judge in the superior courts of this State, in any case of seduction or divorce, or other case where the evidence is vulgar or obscene, to hear and try the case after clearing the court of all or any portion of the audience, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act, that an Act, approved October 15, 1891, authorizing the judges in the superior courts of this State, in any case of seduction or divorce, or other case where the evidence is vulgar or obscene, to hear and try the case after clearing the court of all or any portion of the audience,

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and for other purposes, be amended by adding after court, in the third line, and before of, in the fourth line, city courts, municipal and recorders' courts, courts of ordinary, justices' courts, and all other courts and trials occurring in this State. Also, by adding after the word motion and to, in the eighth line, or on motion of plaintiff and defendant, or their attorneys, so that said Act shall read as follows: Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act, during the trials in the superior courts, city courts, municipal and recorders' courts, courts of ordinary, justices' courts, and all other courts and trials occurring in this State, of any case of seduction or divorce, or other case where the evidence is vulgar and obscene, or relates to the improper acts of the sexes, and tends to debauch the morals of the young, the presiding judge shall have the right, in his discretion and on his own motion, or on motion of plaintiffs or defendants, or their attorneys, to hear and try the said case after clearing the court-room of all or any portion of the audience. Sec. 1 of Act of Oct. 15, 1891, amended. Made applicable to all courts. On motion by either side. Section as amended. SEC. II. Be it further inacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 16, 1895.

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TITLE VI . CORPORATIONS. ACTS. Insurance Companies, full payment by, of loss. Railroads and other corporations, change of name and principal office. Live-stock Companies, Act of December 18, 1893, made applicable to. Banks, Act of December 20, 1892, as to incorporation of, amended. Banks, Act of October 21, 1891, as to incorporation of, amended. Banks, making good impaired capital. Banks, State, amending Act as to circulation of notes by. Railroads, general law for incorporation of, amended. Railroads, general law for incorporation of, amended. INSURANCE COMPANIES TO PAY FULL AMOUNT OF LOSS UP TO AMOUNT STATED IN POLICY. No. 15. An Act to compel insurance companies to pay the full amount of loss sustained upon property covered by policies of insurance up to the amount expressed in the policies, notwithstanding any stipulations in such policies to the contrary. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and by authority of same, That from and after the passage of this Act all insurance companies issuing policies on property in this State shall pay to their policy-holders the full amount of loss sustained upon the property insured by them; provided , said amount of loss does not exceed the amount of insurance expressed in the policy, and that all stipulations in such policies to the contrary shall be null and void; provided , that in cases of losses on stocks of goods and merchandise and other species of personal property changing in specifics and quantity by the usual customs of trade only the actual value of the property at the time of

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loss may be recovered; provided , the loss does not exceed the amount expressed in the policy. Full amount of loss to be paid. When not in excess of amount of policy. As to loss on personalty changing in specifics, etc. SEC. II. Be it enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and are, hereby repealed. Approved November 23, 1895. RAILROADS AND OTHER CORPORATIONS, CHANGE OF NAME AND PRINCIPAL OFFICE. No. 110. An Act to provide for a change of the names and principal offices of banking, railroad, insurance, express, telegraph, canal, and navigation companies. 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 any banking, railroad, insurance, express, telegraph, canal, or navigation company in this State, whether incorporated by special act of the General Assembly or by the Secretary of State under the general law, may have its corporate name or its principal office changed in the following manner, to wit: The company desiring to have its name or its principal office changed shall file in the office of the Secretary of State a petition, signed with the corporate name, stating the name and character of the corporation, the date of its original charter and all amendments thereto, that it desires an amendment to its charter changing its corporate name or its principal office, or both, as the case may be, and pay to the Secretary of State a fee of twenty-five dollars, to be covered by him into the treasury of the State; and also file with such petition a certified abstract from the minutes of the board of directors showing that the application for the proposed amendment has been authorized by the unanimous vote of the stockholders present at a stockholders' meeting. Affidavit, made and signed in due form of law by the president or secretary, shall be attached to said petition, showing that it has been published once a week for four weeks in that newspaper in which is published the sheriff's sales of the county in which the principal office of said corporation is located. Corporate name and principal office may be changed. Petition to state what. Fee. Abstract from minutes. Affidavit to petition. SEC. II. Be it further enacted, That when said petition and affidavit have been filed in the office of the Secretary of State, that office shall issue to said company, under the great seal of the State,

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a certificate in the following form, to wit: To all to whom these presents may comeGreeting: Whereas, the (here insert name of petitioning corporation), a corporation created and existing under the laws of this State, has filed in this office, in terms of the law, a petition asking that its charter be amended by changing (its corporate name or its principal office, or both, as the case may be) from..... to....., and have complied with all the requirements of the law in such cases made and provided; therefore, the State of Georgia hereby amends the charter of the said (insert name of company) by changing its [Illegible Text] name or principal office, or both, as the case may be, from (insert old name or old principal office, or both,) to (insert new name or new principal office, or both). In witness whereof, these presents have been signed by the Secretary of State, and the great seal has been attached hereto, at the capitol, in Atlanta, on this..... day of....., 18. Certificate of Secretary of 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 December 13, 1895. LIVE-STOCK COMPANIES, ACT OF DECEMBER 18, 1893, AS TO METHOD OF INCORPORATION MADE APPLICABLE TO. No. 120. An Act to amend section XXI (21) of an Act approved December 18, 1893, which relates to the issuing and granting corporate powers and privileges to insurance companies by the Secretary of State, to define the powers and liabilities of such companies, to regulate the same, and for other purposes, by making the same apply to live-stock companies. SECTION I. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That section XXI (21) of an Act, approved December 18, 1893, which relates to the issuing and granting corporate powers and privileges to insurance companies by the Secretary of State, to define the powers and liabilities of such companies, to regulate same, and for other purposes, be, and the same is, hereby amended by inserting in said section after the word life, in the third line thereof, and before the word or, the words live-stock, so that said section, when amended, shall read as follows: Sec. 21 of Act of Dec. 18, 1893, amended. By addition of live-stock companies.

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SECTION XXI. Be it further enacted, That the preceding sections of this Act, in so far as they are applicable, be applied to the formation of mutual or co-operative fire, life, live-stock, or accident insurance companies, but applicants for this class of insurance shall not be required in their petition to set out the amount of the proposed capital stock or the number of shares of the same, nor shall it be necessary for the Secretary of State to incorporate in his certificate of incorporation any reference to the capital stock of said company. 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 14, 1895. NOTE BY COMPILER.The Act of which the above Act is amendatory may be found on page 73 of the Acts of 1893. BANKS, ACT OF DECEMBER 20, 1892, AS TO INCORPORATION OF, AMENDED. No. 121. An Act to amend an Act approved December 20th, 1892, with the following caption: An Act to carry into effect paragraph 18 of section 7 of article 3 of the Constitution of 1877, as amended in relation to the chartering of banks, to provide for the incorporation of banking companies by the Secretary of State, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That the first section of said Act be, and the same is, hereby amended by striking from the twelfth line of said section the word twenty-five, and inserting in lieu thereof the word fifteen, so that said section, when amended, will read as follows: That any number of persons, not less than three, may form a corporation for the purpose of carrying on the business of banking, by filing in the office of the Secretary of State a declaration in writing, signed by each of them, stating their names and residences; the name and style of the proposed corporation; the location and principal place of business thereof; the amount of the capital stock and the number of shares into which it is divided; the purpose and nature of the business of the proposed corporation, with any other matter which they may deem it desirable to state. Such declaration

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must be accompanied by the affidavits of the subscribers, verified by the ordinary of the county in which it is proposed to do business, that fifteen thousand dollars of the capital subscribed has been actually paid in by the subscribers, and that the same is in fact held, and is to be used solely for the business and purposes of the corporation, and by a fee of fifty dollars, which shall be paid on filing of the application, into the treasury; and the Secretary of State shall not issue any charter before the payment of said fee, and if from any cause the Secretary of State is disqualified to Act in any case, then in that event the application provided by this act shall be filed with the Comptroller-General, who shall perform all the duties herein prescribed for the Secretary of State. Sec. 1 of Act of Dec. 20, 1892, amended. $15,000.00 of capital must be paid in. Section as amended. SEC. II. Be it further enacted, That section 6 of said Act be, and the same is, hereby amended by striking from the third line of said section the word twenty-five, and inserting in lieu thereof the word fifteen, so that section, when amended, will read as follows: That the capital stock of the corporation may be increased to such amount as may be desired by the stockholders, or it may be decreased to a sum not less than fifteen thousand dollars, at a meeting of the stockholders called for the special purpose, of which notice for thirty days must be given each stockholder personally, or by mail, if his residence be known, and if not known, then such notice must be published once a week for four consecutive weeks in some newspaper published at the location or principal place of business of the corporation; and such increase or decrease must not be made except upon the vote of the stockholders holding the larger amount in value of the capital stock. If, at such meeting, the stockholders holding the larger amount in value of the capital stock vote for such increase or decrease, the proceedings of the meeting must be reduced to writing and entered upon the books or minutes of the corporation, and a copy thereof, verified by the president or cashier, shall be filed and recorded in the office of the Secretary of State, and when so filed and recorded shall become an amendment to said charter. Sec. 6 amended. Capital may be decreased. Section as amended. SEC. III. Be it further enacted, That section seven of said above recited Act be, and the same is, hereby amended by striking from the second line of said section the word fifty, and inserting in lieu thereof the words twenty-five, and by striking from the fourth line of said section the words twenty-five, and inserting in lieu thereof the word fifteen, so that said section, when amended, will read as follows: That no corporation shall be formed under this Act without a capital, subscribed in good faith,

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of at least twenty-five thousand dollars, of which not less than twenty per cent., and in no case less than fifteen thousand dollars, must be paid in [Illegible Text] by the subscribers for stock before the filing of the declaration in office of Secretary of State. Sec. 7 amended. Capital of $25,000.00 must be subscribed. Section as amended. 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 14, 1895. NOTE BY COMPILER.The Act of which the above is amendatory is the Act of December 20, 1893 (Acts of 1893, p. 70), and not of December 20, 1892, as stated in this Act. BANKS, ACT OF OCTOBER 21, 1891, AS TO INCORPORATION OF, AMENDED. No. 151. An Act to amend an Act, approved October 21st, 1891, with the following caption, to wit: An Act to prescribe the method of granting charters to banking companies in this State, to define the powers and liabilities of the same, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That the fifth section of said Act be, and the same is, hereby amended by adding after the word located, in twentieth line of said section, the following words: The capital stock of the corporation may be increased to such amount as may be desired by the stockholders, or it may be decreased to a sum not less than twenty-five thousand dollars, at a meeting of the stockholders called for the special purpose by order of the board of directors, of which notice has been given each stockholder (or in case of his death, to his legal representative or heirs at law), personally or by mail, addressed to his last known residence, at least thirty days previous to said special meeting; and such increase or decrease shall be made in such manner as shall be determined by the meeting of stockholders, it requiring the vote of a majority in amount of the entire capital stock to authorize such increase or decrease and the manner of effecting the same. If at such meeting the stockholders, holding the majority in amount of the capital stock, vote for such increase or decrease, the proceedings of the meeting must be reduced to writing and entered upon the books or minutes of the corporation, and a copy thereof, verified by the president or cashier, shall be filed or recorded in the office of the Secretary of State, and when so filed and recorded shall become an amendment to said charter, and

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a certified copy thereof shall be evidence of all facts therein contained in all courts of this State without further proof, so that said section, as amended, shall read as follows: Section V. Be it further enacted by the authority aforesaid, That the board of directors shall have power to prescribe how, and in what sums, and at what times and places any unpaid part of the capital stock shall be paid in; and in the event any stockholder shall fail or make default for sixty days to pay any call regularly made in his subscription to stock, the directors may direct suit to be brought against him forthwith for the amount of such call, or may, in their discretion, after thirty days' notice to such stockholder, cause his stock, after proper public advertisement for thirty days, to be put up and sold at auction to the highest bidder, and any deficiency in this sum, thus received, necessary to make the amount of the call, shall be made good by the delinquent. Any surplus over the amount of the call and the expenses of the sale shall be paid to him. A new certificate of stock shall be issued to the purchaser, and he shall stand in the same relation to the company as the deliquent would have done had he not so made default. The sale shall be at the courthouse door in the county where said company is located. The capital stock of the corporation may be increased to such amount as may be desired by the stockholders, or it may be decreased to a sum not less than twenty-five thousand dollars, at a meeting of the stockholders called for the special purpose by order of the board of directors, of which notice has been given each stockholder (or in case of death, to his legal representatives or heirs at law), personally or by mail, addressed to his last known residence, at least thirty days previous to said special meeting, and such increase or decrease shall be made in such manner as shall be determined by the meeting of stockholders, it requiring the vote of a majority in amount of the entire capital stock to authorize such increase or decrease and the manner of effecting the same. If, at such meeting, the stockholders, holding the majority in amount of the capital stock, vote for such increase or decrease, the proceedings of the meeting must be reduced to writing and entered upon the books or minutes of the corporation, and a copy thereof, verified by the president or cashier, shall be filed and recorded in the office of the Secretary of State, and when so filed and recorded shall become an amendment to said charter, and a certified copy thereof shall be evidence of all facts therein contained in all courts of this State without further proof. Sec. 5 of Act of Oct. 21, 1891, amended. Increase or decrease of capital stock. Section as amended. SEC. II. Be it enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 16, 1895.

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BANKS, MAKING GOOD IMPAIRED CAPITAL. No. 154. An Act to require banks chartered under the laws of this State, where the capital stock is impaired, to make the same good by transfer from the surplus or undivided profits thereof to the capital stock, or if there is no surplus or undivided profits, or not enough to make good the capital stock, then by an assessment upon the stockholders, 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, when the bank examiner or assistant bank examiner finds that the capital stock of any bank chartered under the laws of this State has become impaired or reduced from losses or any other source, the bank examiner shall require such bank to make good its capital stock, so impaired or reduced, by a transfer from its surplus or undivided profits thereof to the capital stock a sum sufficient to make good such impairments or reductions, and if there is no surplus or undivided profits, or not enough to make good said capital stock, then by an assessment upon the stockholders thereof. When capital stock impaired. It must be made good, how. SEC. II. Be it further enacted, That should any bank fail or refuse to comply with this Act, the bank examiner shall report such refusal to the Governor, who is hereby authorized and directed to cause proper proceedings to be instituted for the forfeiture of the charter of such bank. Failure to comply with this Act. SEC. III. Be it further enacted by the authority of the same, That whenever a bank examiner finds that a bank chartered by the laws of this State is not in a solvent condition he shall immediately report the condition of the bank to the Governor, and it shall be the duty of the Governor to direct the Attorney-General to institute proceedings in the superior court of the county where the bank or parent bank is located, to put the bank in the hands of some competent person, who shall give bond in an amount to be fixed by the judge for the faithful discharge of his duties, and said person so appointed shall immediately take charge of the business of said bank, collecting its assets and paying off its liabilities under such rules as the court may make. Bank found insolvent, report by bank examiner. Bank to be put in hands of receiver. Bond and duties of. 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 16, 1895.

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STATE BANKS, AMENDING ACT AS TO CIRCULATION OF NOTES BY. No. 199. An Act to amend an Act to authorize the issuance of circulating notes to the banks and banking associations of this State, etc., approved December 20, 1893. SECTION I. Be it enacted by the General Assembly of Georgia, That section five of said Act be amended by adding the following proviso to the end of said section: provided , that the said circulating notes shall be issued to any bank or banking association of this State now organized, without reference to the amount of its capital stock or to the way in which the same is invested, when said bank or banking association shall deposit with the Treasurer of the State, for the purposes provided in this Act, bonds of the United States or of the State of Georgia in double the amount of circulating notes to be issued to said bank or banking association; so that this section, as amended, shall read as follows: Sec. 5 of Act of Dec. 20, 1893, amended. Notes to be issued under what conditions. What amount of bonds to be deposited. SEC. V. Be it further enacted by the authority aforesaid, That the capital stock of such bank or banking association shall not be less than twenty-five thousand dollars, bona fide subscribed and fully paid in by the stockholders in gold, silver, or lawful currency of the United States; provided , that the said circulating notes shall be issued to any bank or banking association of this State now organized, without reference to the amount of its capital stock or to the way in which the same is invested, when said bank or banking association shall [Illegible Text] with the Treasurer of the State, for the purpose provided in this Act, bonds of the United States or of the State of Georgia in double the amount of circulating notes to be issued to said bank or banking association. 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 16, 1895. NOTE BY COMPILER.The Act of which the above is amendatory may be found on page 66 of the Acts of 1893.

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RAILROADS, GENERAL LAW FOR INCORPORATION OF, AMENDED AS TO LOCATING INITIAL OR TERMINAL POINTS. No. 122. An Act to amend an Act entitled an Act to carry into effect article 3, section 7, paragraph 18 of the Constitution of the State, in so far as the same relates to the issuing and granting of corporate powers and privileges to railroad companies by the Secretary of State; to define the powers, rights, privileges, immunities, and liabilities of such railroads; to regulate the same, to provide for the consolidation of the same, to build branches and make extensions thereof, to enable the same to run navigation lines in connection therewith, to provide for the purchase or lease of one railroad by another, to grant renewals of charters, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That section 15 of an Act approved December 17, 1892, to carry into effect article 3, section 7, paragraph 18 of the Constitution, as set out in the caption of this Act, be, and the same is, hereby amended by adding at the end of said section the following words, to wit: [Illegible Text], however , that whenever the conditions imposed by this section are impracticable by reason of the physical conformation of the country surrounding an initial or terminal point, or by reason of the number of railroads centering at any initial or terminal point, and the railroad companies interested fail to agree, then, and in that case, this section shall not apply; but in all such cases the location of such proposed new railroad, with reference to initial or terminal points, shall be made and fixed under the order and direction of the Railroad Commission of this State, which shall locate said new railroad on such a route as may be found practicable, and as will the least interfere with existing lines; provided further , that the power herein given the Railroad Commission shall only extend to fixing and providing the location by which any new railroad may have access to either of its terminal points, and nothing herein shall be so construed as to otherwise change the general policy of this State, which requires the general direction and location of railroads sought to be constructed to be ten miles from a railroad already constructed; so that said section, when amended, will read as follows: Sec. 15 of Act of Dec. 17, 1892, amended. Location of initial or terminal points under certain conditions. To be under direction of R. R. Commission. Limitation on powers of Commission. SEC. XV. Be it further enacted, That said railroad company in selecting the route of the same from and to where said road is to

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be built, and in selecting the general route and in constructing said road, and another railroad is already constructed, or route selected and chartered between said points, the general direction and location of the railroad under this Act shall be at least ten miles from the railroad already constructed or laid out and selected to be constructed; but this section shall not be construed to refer to any point within ten miles of either terminus, or to prevent said road from running as near to each other for the first ten miles from either terminus as the interest of such company building the new route may dictate; provided, however , that whenever the conditions imposed by this section are impracticable by reason of the physical conformation of the country surrounding any initial or terminal point, or by reason of the number of railroads centering in an initial or terminal point, and the railroad companies interested fail to agree, then, and in that case, this section shall not apply; but in all such cases the location of such proposed new railroad with reference to initial or terminal points shall be made and fixed under the order and by direction of the Railroad Commission of this State, which shall locate said new railroad on such a route as may be found practicable, and as will the least interfere with existing lines; provided further , that the power herein given to the Railroad Commission shall only extend to [Illegible Text] and providing the location by which any new railroad may have access to either of its terminal points, and nothing herein shall be so construed as to otherwise change the general policy of this State, which requires the general direction and location of railroads sought to be constructed to be ten miles from a railroad already constructed. Section as amended. SEC. II. Be it further enacted by the authority aforesaid, That all laws in conflict with Act be, and the same are, hereby repealed. Approved December 14, 1895.

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RAILROADS, GENERAL LAW FOR INCORPORATION OF, AMENDED AS TO RIGHTS, ETC., OF PURCHASERS AT SALES OF. No. 210. An Act to amend an Act entitled an Act to carry into effect article 3, section 7, paragraph 18 of the Constitution of this State, in so far as the same relates to the issuing and granting of corporate powers and privileges to railroad companies by the Secretary of State; to define the powers, rights, privileges, immunities, and liabilities of such railroads; to regulate the same, to build branches and make extensions thereof, to enable the same to run navigation lines in connection therewith, to provide for the purchase or lease of one railroad by another, to grant renewals of charters, and for other purposes, approved December 17, 1892. SECTION I. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act, section 9, paragraph 10 of said Act be, and the same is, hereby amended as follows, to wit: By inserting after the following sentence, ending in line 42: Shall exercise and enjoy thereafter the same rights, privileges, grants, franchises, immunities, and advantages in or by said trust deed enumerated and conveyed, which belonged to and were enjoyed by the company making such deed or mortgage, or contracting such debt, so far as the same relates or appertains to that portion of said road, or the part or line thereof mentioned or described and conveyed by said mortgage or trust deed, and no further, as fully and absolutely in all respects, as said railroad company, officeholders, shareholders, and agents of such company might or could have had, had not such sale or purchase taken place, the following, to wit: provided , that nothing in this Act shall be [Illegible Text] to reserve any exemption from taxation, either State, municipal, or county, or any special rights, privileges, and immunities that are not herein authorized to be granted to each and all railroads alike, in conformity with the present Constitution of Georgia. Sec. 9, par. 10 of Act of Dec. 17, 1892, amended. Purchasers to have no exemption, rights, etc., not granted to all railroads. SEC. II. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 16, 1895.

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TITLE VII. CRIMINAL LAW. ACTS. Prescribing penalties for felonies, with certain exceptions, and for all [Illegible Text] Barratry, law as to amended. Farm, orchard, and dairy products, protection of venders of, etc. [Illegible Text] joints, operation of prohibited. Milk, butter, and cheese, sale of, etc., regulated. Interference with officer carrying out sentence or order of court. Venue of criminal cases, method of changing. PRESCRIBING PENALTIES FOR FELONIES, WITH CERTAIN EXCEPTIONS, AND FOR ALL MISDEMEANORS. No. 17. An Act to prescribe penalties for all felonies under the laws of this State, except treason, insurrection, murder, manslaughter, assault with intent to rape, rape, sodomy, f[oelig]ticide, mayhem, seduction, arson, burning railroad bridges, train wrecking, destroying, injuring, or obstructing railroads, perjury, false swearing and subornation of perjury and false swearing, and to provide that all misdemeanors shall be punished as prescribed in section 4310 of the Code, and for other purposes. SECTION I. Be it enacted, That from and after the passage of this Act all felonies under the laws of this State, except treason, insurrection, murder, manslaughter, assault with intent to rape, rape, sodomy, f[oelig]ticide, mayhem, seduction, arson, burning railroad bridges, train wrecking, destroying, injuring, or obstructing railroads, perjury, false swearing and subornation of perjury and false swearing shall be punished by imprisonment and labor in the penitentiary for the terms set forth in the several sections of the Code, or the law now of force, prescribing the punishment of such offenses; but on the recommendation of the jury trying the case,

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when such recommendation is approved by the judge presiding on the trial, said crimes shall be punished as prescribed in section 4310 of the Code. If the judge trying the case sees proper, he may in his punishment reduce the crime of such felony to that of a misdemeanor. All felonies, with certain [Illegible Text]. May upon recommendation of jury, approved by judge. SEC. II. Be it further enacted, That all ordinary misdemeanors (all instances in which the offender is now punished by fine and imprisonment, fine or imprisonment, imprisonment in the common jail, or to work on the public works, or in a chain-gang, or by a fine, and all offenses now punished as prescribed in section 4310 of this Code) shall, from and after the passage of this Act, be punished as prescribed in section 4310 of this Code. All ordinary misdemeanors. To be punished as prescribed in sec. 4310. SEC. III. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved November 27, 1895. BARRATRY, LAW AS TO AMENDED. No. 170. An Act to make more specific the crime of barratry in this State, and to include in the same the offering of service by attorneys at law in certain cases for the purpose of instituting suits or representing parties, in the courts or elsewhere, in the collection or enforcement of claims or debts, for a pecuniary consideration, to provide a penalty for the same, and for other purposes. SECTION I. Be it enacted by the General Assembly of this State, and it is hereby enacted by authority of the same, That from and after the passage of this Act any attorney at law who, by himself or agent, shall, orally or by writing, for a consideration afterwards to be charged or received, offer or tender to another person, without solicitation, his services in order to institute a suit or represent such person in the courts of this State or the United States, in the enforcement or collection by law of any claim, debt, or demand of any such person against another, and shall suggest and urge the bringing of such suit, or who, without solicitation, shall seek out and propose to another person to present and urge, as an attorney at law, the collection of any claim, debt, or demand of such person against another, for the collection of which said attorney shall be entitled to demand or receive any fee or reward, shall be indicted for the crime of barratry, and on conviction thereof shall be punished as prescribed in section 4310 of the Code, and shall, moreover, be disqualified from practicing his profession in the future. Attorneys at law soliciting business by certain methods. Guilty of barratry. Penalty.

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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 December 16, 1895. FARM, ORCHARD, AND DAIRY PRODUCTS, PROTECTION OF VENDORS, ETC. No. 198. An Act to prevent the procurement of consignments of farm, orchard, and dairy products to parties who fail to account to the rightful owner of such products for the proceeds arising from the sale thereof, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act, that any person or persons who shall solicit or in any way procure consignments of fruits, melons, vegetables, butter, eggs, poultry, or other farm, orchard, and dairy products in this State, whether for themselves or as agents or employee of others to irresponsible persons, firms, or corporations, to be sold on commission, and who shall fail to account for, and pay to the rightful owner the whole net proceeds arising from the sale of such products so consigned, said person or persons soliciting or otherwise obtaining such consignments shall be guilty of a misdemeanor, and upon conviction shall be punished as prescribed in section 4310 of the Code of Georgia. Procuring consignment to irresponsible persons, etc. And [Illegible Text] to pay for same. Penalty. SEC. II. Be it further enacted, That any person or persons who shall buy any such farm, orchard, or dairy products as enumerated in the first section of this Act, either for themselves or others, and give any draft, check, or order in payment of such products, and the payment of such drafts, check, or order is refused by the drawee, by which the seller of such products sustains loss, the buyer of such products shall be guilty of a misdemeanor, and upon conviction shall be punished as prescribed in section 4310 of the Code of Georgia. Buyer giving worthless checks, etc. Penalty. SEC. III. Be it further enacted, That all laws in conflict with this Act are hereby repealed. Approved December 16, 1895.

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OPIUM JOINTS, OPERATION OF PROHIBITED. No. 187. An Act to prohibit the operation of opium joints in this State, to provide a penalty for the violation of the same, 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, any person who shall keep, set up, maintain, or open in this State any house, room, or place of any description, for the smoking of opium or any preparation thereof, shall be guilty of a misdemeanor, and upon conviction thereof be punished as prescribed in section 4310 of the Code of Georgia. Keeping, etc., place for opium-smoking forbidden. Penalty. SEC. II. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 16, 1895. MILK, BUTTER, AND CHEESE, SALE OF, ETC., REGULATED. No. 207. An Act to regulate the sale of milk, butter, and cheese, and to prescribe penalties for the unlawful sale or offering for sale of any watered, or adulterated, or unwholesome milk, and imitations or adulterations of butter and cheese. SECTION I. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That it shall not be lawful for any person, or corporation, or agent to sell, or expose for sale, or deliver for domestic use, any unclean, impure, unwholesome, adulterated, or skimmed milk, or milk from which has been held back what is known as strippings, or milk taken from an animal having disease, ulcers, or abscesses, or from an animal within less than fifteen days before, or less than five days after, parturition; provided , that this section shall not apply to the sale of buttermilk, or to skimmed milk, when sold as such. Sale, etc., of adulterated, skimmed, or unwholesome milk, etc. Not applicable to buttermilk or skimmed milk sold as such. SEC. II. Be it further enacted by authority aforesaid, That for the purposes of this Act milk which is proven by any reliable test or analysis to contain less than three and one-half per centum of

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butter fat, and eight and one-half per [Illegible Text] of other solids other than butter fat, shall be regarded as skimmed or partially skimmed milk. What milk must contain. SEC. III. Be it further enacted by authority aforesaid, That for the purposes of this Act every article, substance, or compound, other than that produced from pure whole milk, or cream from the same, made in the semblance of butter or of cheese, and designed to be used as a substitute for butter or cheese made from pure milk or cream from the same, is hereby declared to be imitation butter or imitation cheese, as the case may be; provided , the use of salt, rennet and harmless coloring-matter for coloring the product of pure milk or cream shall not be construed to render such [Illegible Text] an imitation. Imitation butter or cheese. SEC. IV. Be it further enacted by authority aforesaid, That no person shall coat, powder, or color with annatto or any coloring-matter whatever, any substance designed to be used as a substitute for butter or for cheese, [Illegible Text] such substance or product shall be caused to resemble butter or cheese, the product of pure milk or cream. Coloring, etc., of substance to be used as substitute for butter or cheese. SEC. V. Be it further enacted, That no person shall combine any animal fat, or vegetable oil, or other substance with butter or cheese, or combine therewith or with animal fat, or with vegetable oil, or a combination of the two, or with either one, or with any substance whatever, any annatto or any other coloring-matter for the purpose or with the effect of imparting thereto a yellow color, or any shade of yellow, so that such substance shall resemble genuine yellow butter or cheese, nor introduce any such coloring-matter or any such substance into any of the ingredients of which such substitute may be composed; provided , that nothing in this Act shall be construed to prohibit the use of salt, rennet, or harmless coloring-matter for coloring the products of pure milk or cream from the same. Combination of animal fat, etc., with butter or cheese, etc. SEC. VI. Be it further enacted by the authority aforesaid, That no [Illegible Text] shall, by himself or employee or agent, produce or manufacture or sell, or keep for sale or offer for sale, any imitation butter or imitation cheese made or compounded in violation of this Act, whether such imitation shall have been made or produced in this State or elsewhere; provided , [Illegible Text] this Act shall not be construed to prohibit the manufacture and sale of imitation butter or imitation cheese under the regulations hereinafter provided, not manufactured or colored as herein prohibited. Selling, etc., imitation butter or cheese. Except as provided herein. SEC. VII. Be it further enacted by the authority aforesaid, That every person who lawfully manufactures any substance designed to

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be used as a substitute for butter or for cheese shall mark by branding, stamping, or stenciling upon the top and side of each tub, box, or other vessel in which such substitute shall be kept, or in which it shall be removed from the place where produced, in a clear and durable manner, in the English language, the words Substitute for butter, or Substitute for cheese, as the case may be, in printed letters, in plain Roman type, each of which shall be not less than one inch in height and one-half inch in breadth. Branding or marking substitutes. SEC. VIII. Be it further enacted, That no person shall have in his possession or control any substance designed to be used as a substitute for butter or for cheese, unless the tub, box, or other vessel containing the same shall be clearly and durably marked as provided in section VII. of this Act; provided , that this section shall not apply to a person who has such imitation butter or imitation cheese in his possession for the actual consumption of himself or family. Possession, etc., of substitute not marked, forbidden. Proviso. SEC. IX. Be it further enacted, That no person, by himself or agent or employee, shall sell, or offer for sale, any imitation butter or imitation cheese, under the pretense that the same is genuine butter or genuine cheese; and no person, his agent, or employee shall sell any imitation butter or imitation cheese, unless he shall notify the purchaser distinctly at the time of the sale that the same is imitation butter or imitation cheese, as the case may be, and shall deliver to the purchaser at the time of the sale a printed statement, in the English language, that the same is imitation butter or imitation cheese, and such statement shall also contain the name and address of the producers of such imitation, and said statement shall be printed in black letters not smaller than 4-line pica, and shall contain no other words than the above prescribed. Sale, etc., of imitation under pretense of genuineness. Purchaser to be notified. SEC. X. Be it further enacted, That no keeper of or proprietor of any bakery, hotel, boarding-house, saloon, restaurant, lunch counter, or other place of public entertainment, or any employee or other person having charge thereof, or any person furnishing board for others than his own family, shall keep, use, or serve therein or elsewhere, either as food for his guests, boarders, patrons, customers, or employees, or for cooking purposes, any imitation butter or imitation cheese, as defined in section III. of this Act, unless such keeper, proprietor, or other person in charge of such place of entertainment shall keep constantly posted in a most couspicuous place in the room or rooms, or other place or places where such imitations shall be served or sold, so that the same may be easily seen and read by any person in such room or place, a white

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card not less than ten by fourteen inches in size, on which shall be printed, in the English language, in plain, black Roman letters, not smaller than one inch in height and one-half inch in width, the words Imitation butter used here, or Imitation cheese used here, as the case may be, and said cards shall not contain any other words or impressions than the words above prescribed. Use of imitation butter or cheese by hotels, etc. SEC. XI. Be it further enacted, etc., That a violation of any of the provisions of this Act shall be punished as prescribed in section 4310 of the Code of Georgia. Penalty. SEC. XII. Be it further enacted, etc., That violations of any provisions of this Act shall be proceeded against by any of the processes provided for misdemeanors, and may be tried by any court having jurisdiction of misdemeanors in this State. Proceedings against violators of this Act. SEC. XIII. Be it further enacted, etc., That this Act shall take effect from and after January the first, eighteen hundred and ninety-six. This Act to take effect Jan. 1, 1896. SEC. XIV. Be it further enacted, That all laws in conflict with this Act be, and the same are, hereby repealed. Approved December 16, 1895. INTERFERENCE WITH OFFICERS CARRYING OUT SENTENCE OR ORDER OF COURT. No. 209. An Act to make penal the offense of hindering, obstructing, or interfering with sheriffs or their deputies or constables in the execution of any order or sentence of court after trial, in criminal cases; to require sheriffs and constables to present to the grand jury any and all persons so interfering, to prescribe penalties for the violation of this Act, to authorize the Governor to remove delinquent officers named herein, and for other purposes. SECTION I. The General Assembly of Georgia enacts, That from and after the passage of this Act, it shall not be lawful for any person, by violence, threat of violence, or any other means, to hinder, obstruct, or interfere with any sheriff, constable, or their deputies, charged with the duty and engaged in the business of carrying out and executing the sentence or order of court, after trial of criminals, while they are in the custody of such officers. Hindering, etc., officer carrying out sentence, etc., unlawful. SEC. II. It is further enacted, by the authority aforesaid, That whenever any persons shall hinder, obstruct, or interfere with the sheriff or other officers aforesaid, it shall be the duty of the sheriff

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or the constable, whichever officer is charged with the custody and protection of the prisoner, to make out a list of the persons so offending and present them to the grand jury of the county having jurisdiction, at the next term of the superior court thereof, together with all information necessary to acquaint the grand jury with the details of the transaction. Any sheriff or constable who shall fail to comply with the duty hereby imposed may be suspended and his office be declared vacant by the Governor of this State, whenever it shall appear from the presentments of the grand jury that the offense defined in section one of this Act has been committed in the county and no report thereof made by the sheriff or constable, as the case may be; and it shall be the duty of the grand juries in all counties to investigate the facts and make presentment of the matter and things herein referred to, in all cases where lawless conduct has so hindered or interfered with the order or sentence of any court in the county, and the clerk of court shall immediately transmit a copy of such presentments to the Governor, and it shall be the duty of judges of superior courts to give the law of this Act a special charge. Duty of officer to present offender to grand jury. Penalty for failure to perform duty. Duty of grand jury to investigate and present. Copy presentment to be sent to Governor. SEC. III. Any person violating the provisions of section 1 of this Act shall, upon conviction, be punished as prescribed in section 4310 of the Code, or by imprisonment in the penitentiary for a term of not less than one nor more than four years, in the discretion of the court. Penalty for violating Sec. I. SEC. IV. Be it further enacted, That the offense herein defined shall in no way interfere with nor affect the penal laws relating to obstructing legal process before trial of the persons charged with crime, nor shall it free the officers aforesaid from penalties imposed by law for failure to discharge their duty in the premises. This Act not to affect existing law. SEC. V. Be it further enacted, That all laws in conflict with this Act be, and the same are, hereby repealed. Approved December 16, 1895. VENUE OF CRIMINAL CASES, METHOD OF CHANGING. No. 230. An Act to prescribe the mode of changing venue in criminal cases in the superior courts of this State, and for other purposes. SECTION I. Be it enacted by the General Assembly of Georgia, That from and after the passage of this Act, it shall be lawful for

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a judge of the superior court, in any criminal case, to change the venue for the trial of said case whenever, in his judgment, an impartial trial cannot be had in the county where the crime was committed. Venue may echanged. When judge satisfied impartial trial cannot be had. SEC. II. Be it further enacted by the authority aforesaid, That it shall be competent for the defendant, in any criminal case pending in the superior court of any county in this State, to move, by petition in writing, for a change in venue whenever, in the judgment of the defendant, an impartial jury cannot be obtained in the county where the crime was committed. Upon said motion, it shall be the duty of the judge of the superior court to hear evidence by affidavit or oral testimony, in support of or against said motion, and if, from the evidence submitted, the court shall be satisfied that an impartial jury cannot be obtained to try said criminal case, it shall be the duty of said judge to transfer said case to any county that may be agreed upon by the solicitor-general and the defendant or his counsel, and be [Illegible Text] in the county agreed upon; and in the event the solicitor-general and the defendant or his counsel fail to agree upon any county in which to try said case [Illegible Text] pending, it shall be the duty of the judge to select a county as, in his judgment, would afford to the State and the defendant a fair and impartial jury to try said case, and have the case transferred accordingly. Petition by defendant for change. Hearing thereon. When case to be transferred. Failure to agree upon county where trial to be had. SEC. III. Be it further enacted, That it shall not be necessary to examine all persons in the county where the crime was committed liable to serve on juries before said change of venue is authorized, but the court shall determine upon the change from evidence submitted, as hereinbefore provided. Not necessary to exhaust jury list. SEC. IV. Be it further enacted by the authority aforesaid, That whenever a change of venue is had as herein provided, it shall be the duty of the clerk of the superior court, from the county from which the case has been transferred, to send a true transcript of the order for the change of venue, with the evidence before the court of inquiry, and all other papers connected with the case, to the superior court of that county to which the case has been transferred, together with a list of all the witnesses subp[oelig]naed in said case; and the clerk of the court of the county selected to try said case shall cause subp[oelig]nas to be issued said witnesses and such other witnesses as may be desired by either party, upon application; and the county from which said case was transferred shall defray all expenses of the trial in the county to which the same was transferred. Copy of order for change to be sent to county to which case transferred. subp[oelig]nas to be issued. Expense of trial, etc. SEC. V. Be it further enacted by the authority aforesaid, That

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if it should be made to appear to the judge of the superior court, presiding in the county to which said case has been transferred, that a fair and impartial jury cannot be had therein, it shall be lawful for the judge in like manner, as before stated, to transfer said case to some other county where a fair and impartial jury can be had to try said case. Change from county to which case transferred. 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 17, 1895.

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TITLE VIII . MISCELLANEOUS. ACTS. Deeds, attestation, etc., of, executed without the State. Tales Jurors, pay of. Game, Act protecting amended. Bridges, contracts as to by counties with United States. Chickamauga Park, jurisdiction over lands, etc., ceded to United States. Bridges over border rivers, rights of counties as to. Aldermen, etc., eligibility to other municipal offices. Penitentiary convicts, amending law as to lease of. Supreme Court Reports, republication of vols. 77-83. Jails, control of by County Commissioners. Trustees and guardians, rights, etc., of foreign, defined. Dead animals, etc., owners of must bury. Boards of education, approval of accounts of members of. Blue Ridge and Atlantic Railroad, Governor [Illegible Text] to relinquish State's claims to. Northeastern Railroad, sale or lease of. Evidence, writing admissible in when witness dead, etc. Liens, affidavits to foreclose before any officer empowered to administer oaths. Domestic wines, regulating sale of. Confederate Soldiers may be traveling life insurance agents, etc., without license. School for colored persons, branch of State University, name for. School for colored persons, branch of State University, name for. Volunteer forces, amending law as to organization, etc., of. Master and servant, contracts between exempting master from liability for negligence. Code, adopting, providing for publication of, etc. Western and Atlantic Railroad, official survey and maps. Pensions, payment of to certain widows of Confederate Soldiers. Receivers and others operating railroads, liability of to employees. ACKNOWLEDGMENT AND ATTESTATION OF DEEDS EXECUTED WITHOUT THE STATE. No. 14. An Act to prescribe the method of attestation and acknowledgment of deeds to realty and personalty executed without the State, to authorize their record in this State, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State

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of Georgia, That to authorize the record of a deed to realty or personalty, when executed out of the State, said deed must be attested by or acknowledged before a commissioner of deeds for the State of Georgia, or a consul or vice-consul of the United States (the certificate of these officers under their seal being evidence of the fact), or by a judge of a court of record in the State where executed, with a certificate of the clerk under the seal of such court of the genuineness of the signature of such judge, or by a clerk of a court of record under the seal of the court, or by a notary public of the State and county where executed, with a certificate under the seal of the court, from the clerk of the court under which the notary holds his appointment, or if appointed by the Governor, then with a certificate from the Secretary of State, certifying that said notary was at the time of the execution of the deed regularly commissioned and authorized by law to attest deeds and take acknowledgments thereof. Attested by or acknowledged before whom. When by a notary public. SEC. II. Be it further enacted, That all laws and parts of laws in conflict herewith be, and the same are, hereby repealed. Approved November 22, 1895. PAY OF TALES JURORS. No. 19. An Act to fix the payment of tales jurors, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and by the authority of the same, That from and after the passage of this Act the pay of tales jurors shall be the same as regular traverse jurors, and there shall be no distinction in the pay of tales jurors and regular jurors. Tales to be paid same as regular traverse jurors. SEC. II. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved November 27, 1895.

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AMENDING ACT AS TO PROTECTION OF GAME. No. 37. An Act to amend an Act entitled an Act to protect the game in the State of Georgia during certain seasons, approved December 20th, 1893, so as to more fully protect game in this State, to make said Act as amended uniform, to prohibit sale of game in certain seasons, to prescribe penalties for violation of this Act, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act, entitled an Act to amend an Act to protect game in the State of Georgia during certain seasons, and approved December 20th, 1893, so as to more fully protect game in this State, to make said Act amended uniform, to prohibit sale of game in certain seasons, to prescribe penalties for violation of this Act, and for other purposes, be amended by striking out the word October, in the twelfth line of section first of said Act, and inserting in lieu thereof the word November, so that said section, when amended, shall read as follows: Be it enacted by the General Assembly of Georgia, That the above recited Act be, and the same is, hereby amended by striking out all the sections and provisions of said Act occurring after the words authority of the same, in fourth line of first section, inserting in lieu of said stricken section and provisions the following: That from and after the passage of this Act, it shall be unlawful for any person to shoot, trap, kill, ensnare, net, or destroy in any manner any wild turkey, pheasant, snipe, partridge, or any insectivorous or singing bird, except English sparrows, crows, larks, rice birds, wheat birds, and doves in any county in this State between the first day of April and the first day of November of any year; and as to doves, it shall be unlawful for any person to trap, kill, ensnare, or destroy any dove in this State between the first day of April and the fifteenth day of July in any year; and it shall be unlawful for any person to sell or offer for sale any wild deer, wild turkey, pheasant, snipe, partridge, dove, or other game bird killed, destroyed, caught, or ensnared in this State within the dates aforesaid in violation of the provisions of this Act. Act of Dec. 20, 1893, amended. October changed to November. Unlawful to shoot, etc., turkeys, partridges, etc. Between April 1st and Nov. 1st. Or to trap or kill dove, etc. Selling or offering to sell deer, 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 December 2, 1895.

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ENABLING COUNTY AUTHORITIES TO CONTRACT WITH UNITED STATES AS TO ERECTION OF BRIDGES. No. 20. An Act to authorize county authorities in this State to contract with authorities of the United States for the erection of bridges in certain specified cases, and for other purposes. SECTION I. Be it enacted by the General Assembly of Georgia, That from and after the passage of this Act the board of commissioners or other authorities having jurisdiction of roads and revenues of any county in this State, may contract and pay out of the funds of their respective counties such sums of money as they may deem equitable and just to the authorities of the United States for the fair proportion of such county for the cost of building any bridge that said commissioners or other county authorities may deem necessary to erect across any stream that may divide any county, or part of any county, from lands, the jurisdiction over which may have been ceded to the Government of the United States for any purpose; provided , it shall forever thereafter be the duty of such authorities of the United States to keep such bridges in repair, and renew them as often as may be necessary, and keep them open for the free and uninterrupted travel of the public. Counties may contract and pay proportion of cost of bridge. United States to keep bridge in repair and open. SEC. II. Be it further enacted, That the United States are hereby vested with full and complete jurisdiction over grounds necessary for the erection of piers and approaches to such bridges on each side of such streams, so far as may be necessary for the erection, repair, and protection of such bridges and approaches. Jurisdiction given United States over grounds for approaches, etc. SEC. III. Be it further enacted, That all laws conflicting with this Act are hereby repealed. Approved November 27, 1895.

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CEDING TO UNITED STATES JURISDICTION OVER LANDS, ETC., OF CHICKAMAUGA NATIONAL PARK. No. 46. An Act to cede to the United States the jurisdiction of this State over certain lands and [Illegible Text] public road approaches to the Chickamauga National Military Park, in the counties of Walker and Catoosa, in this State, as herein described: Whereas, the general government has expended large sums of money in the improvement of the Chickamauga National Military Park, and now contemplates acquiring small tracts of land at Alexander's and Reed's bridges for the rebuilding of said structures, and acquiring other tracts in the vicinity of Glass Mills and Ringgold, for the purpose of erecting Confederate and Union monuments and historical tablets on said tracts of land; and whereas, the general government has expended large sums of money in improvements of the public highways in said park, and contemplates and desires to expend other large sums in the improvement of the public highways which are approaches to said park. SECTION I. Be it therefore hereby enacted by the General Assembly of Georgia, That on and after the passage of this Act, that the jurisdiction of this State is hereby ceded to the United States of America over all such tracts of land as are described in the foregoing preamble (and any other tract or tracts which may be acquired by the United States of America in the said counties of Walker and Catoosa, in said State of Georgia, for park purposes) whenever title thereto shall have been acquired by the United States. Preamble. Jurisdiction ceded over lands. SEC. II. Be it further hereby enacted by the authority of the same, That the jurisdiction of this State is hereby ceded to the United States of America over the following described public roads, approaches to said national park, to wit: The road leading from Chickamauga, Georgia, by way of Pond Spring post-office and Gower's Ford to the Davis Cross Roads; also, the road leading from Lee Gordon's mill by way of Rock Springs post-office to the courthouse in the town of Lafayette, Georgia; also, the road from Glass mill to the Lafayette and Lee Gordon Mill road, intersecting the said Lafayette road near the present home place of J. J. Jonesall of said roads as now located; provided , that this cession contained in this and the preceding section is upon the expressed condition that the State of Georgia shall so far retain a

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concurrent jurisdiction with the United States over said lands and roads as that all civil and criminal process issued under the authority of this State may be executed thereon in like manner as if this act had not been passed, and upon the further expressed condition that the State shall retain a civil and criminal jurisdiction over persons and citizens in said ceded territory as over other persons and citizens of the said State, and the property of said citizens and residents thereon, except lands and such other property as the general government may desire for its use; and that the property belonging to persons residing in said ceded territory shall be liable to State and county taxes, the same as if they resided elsewhere in said State, and that citizens of said State in said ceded territory shall retain all rights of State suffrage and citizenship; provided further , that nothing herein contained shall interfere with the jurisdiction of the United States over any matter or subjects set out in the Acts of Congress establishing said national park, approved August 19, 1890, or with any law, rules, or regulations that Congress may hereafter adopt for the preservation or protection of its property and rights in said ceded territory and the proper maintenance of good order therein; provided further , that the cession shall not take effect until the United States shall, in the case of lands, have acquired title thereto, and in the case of roads, provided for their improvement, and shall have filed a plat or map of the property so acquired in the office of the Secretary of State. And over certain road approaches. Concurrent jurisdiction of State as to process. And jurisdiction retained as to persons in ceded territory. Liability of property of such persons for taxes, etc. Act of Congress of Aug. 19, 1890, recognized, etc. When this cession to take effect. SEC. III. Be it further hereby 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 3, 1895. BRIDGES OVER BORDER RIVERS, RIGHTS OF COUNTIES AS TO. No. 111. An Act to authorize the proper county authorities of the border counties of the State to co-operate with the proper authorities of the adjacent States in building and keeping up bridges over border or boundary rivers at points where such rivers are not exceeding one thousand feet in breadth. 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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counties lying adjacent to any river on the border, or forming the boundary between this State and another, shall have the same power, acting by and through the proper county authorities, to build and maintain bridges over such river as the counties of this State now have to build and maintain bridges over streams lying wholly within their borders; provided , that this power shall not be exercised except to co-operate with the proper authorities of the adjacent State in building and maintaining such bridges, and on the principal that each State is to build simultaneously from its own bank to the middle of the river and afterwards maintain and keep up the part of the bridge which it has built; and provided further , that no bridge shall be erected under this Act at any point where the river exceeds, at low-water mark, one thousand feet in breadth. May build and maintain bridges over border rivers. By co-operation with authorities of adjoining State. Not to be erected where river over 1,000 feet wide. 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, 1895. ALDERMEN, ETC., ELIGIBILITY TO OTHER MUNICIPAL OFFICES. No. 117. An Act to amend an Act, approved November 12, 1889, entitled an Act to declare the councilmen and aldermen of the towns and cities in this State ineligible during their term of office to hold any other municipal office in said towns and cities, by excepting the offices which are to be filled by appointment by the mayor. 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 to the end of section first, the following words: provided , that nothing herein contained shall apply to any municipal office which is to be filled by appointment by the mayor, so that said section, when amended, shall read as follows: Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act, the councilmen and aldermen of the towns and cities of this State shall be incompetent to hold, except in towns of less than two thousand inhabitants, any other municipal office in said towns and cities, during the time for which they are chosen; provided , that nothing herein contained shall apply to any municipal office which

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is to be filled by appointment by the mayor; provided further , that nothing in this Act shall be so construed as to allow any one person to hold more than one municipal office at any one time, but any councilman or alderman appointed during his term to any other municipal office shall resign his position as councilman or alderman before he shall be eligible to enter upon the duties of the appointed office. Sec. 1 of Act of Nov. 12, 1889, amended. Eligible to office filled by appointment by mayor. Section as amended. 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 13, 1895. PENITENTIARY CONVICTS, AMENDING LAW AS TO LEASE OF. No. 124. An Act to amend section nine (9) of an Act, approved February the twenty-fifth, 1876, to regulate the leasing out of penitentiary convicts by the Governor, authorizing him to make contracts in relation thereto, and for other purposes. SECTION I. Be it enacted by the General Assembly, and it is hereby enacted by authority of the same, That section nine (9) of above recited Act, approved February twenty-fifth, 1876, in reference to leasing out penitentiary convicts by the Governor, be amended by striking out the words in the third line of said section, to wit: as is herein provided for the first leasing, and insert in lieu thereof the words as follows: for the unexpired term of the lease contract, so that said section, when amended, shall read as follows: That if for any cause said lease is vacated by said Governor, a new lease of said convicts may be made for the unexpired term of the lease contract vacated, and if no lease can be effected under the provisions of this Act, then the Governor may lease said convicts according to the provisions of the Act approved March 3d, 1874. Sec. 9 of Act of Feb. 25, 1876, amended. New lease for unexpired term of vacated lease. 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 14, 1895.

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SUPREME COURT REPORTS, REPUBLICATION OF VOLUMES 77-83. No. 125. An Act to authorize the republication of the Georgia Reports from the seventy-seventh (77) to the eighty-third (83) volume, inclusive. SECTION I. Be it enacted by the General Assembly of Georgia, That the Governor be authorized and required to have republished the Georgia Reports from volume seventy-seventh to eighty-third, inclusive, not more than two hundred copies of each volume, and the amount of fourteen hundred ($1,400) dollars is hereby appropriated for said purpose, or so much thereof as may be necessary. Volumes 77-83 to be republished. Appropriation for. SEC. II. Be it further enacted, That the said volumes of Georgia Reports shall be republished by the public printer, under the same terms and conditions as those under which said public printer republished the Georgia Reports, volumes sixty-sixth to seventy-sixth, inclusive, provided for by the Act approved December 9th, 1893. Under same conditions as provided by Act Dec. 9, 1893. SEC. III. Be it further enacted, That the librarian shall sell these volumes at not less than one dollar and fifty cents ($1.50) per volume. Price at which to be sold. 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 14, 1895. JAILS, CONTROL OF BY COUNTY COMMISSIONERS. No. 136. An Act to vest the management and care of all jails and persons confined therein under the control of the county commissioners of roads and revenues in counties where there is located a city of a population of sixty-four thousand and over, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That from the first of January, 1897, and thereafter, the jail and persons confined therein shall be under

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the control of the county commissioners of roads and revenues, as further provided for in this Act. Control to be by county commissioners. SEC. II. Be it further enacted by the authority aforesaid, That the board of commissioners of roads and revenues shall have the power to appoint the jailer of counties provided for in this Act, and that the jailer of said counties shall have the appointment of one deputy jailer, subject to the approval and supervision of the county commissioner of said county. Said deputy and jailer shall, before entering on the duties of their office, give to said commissioners bond and security in the sum of not less than one thousand ($1,000) dollars each, conditioned for the faithful performance of the duties of their office as jailer and deputy jailer, and shall take and subscribe before the ordinary of said county the following oath: I do swear that I will well and truly do and perform all and singular, the duties of jailer and deputy jailer for the said county, and that I will humanely treat all prisoners who may be brought to the jail of which I am the keeper, and not suffer them to escape by any negligence or inattention of mine, so help me, God; which said bond and oath shall be filed and recorded as those of a sheriff's deputies. The said jailer shall also have the appointment of such jail guards as said county commissioners may deem necessary for the protection of said jail. Power to appoint jailer. Deputy jailer. Bond of jailer and deputy. Oath of. Jail guards. SEC. III. Be it further enacted by the authority aforesaid, That in lieu of, and in full compensation for, all fees now allowed by law for dieting prisoners, receiving prisoners, turning keys, or other fees as such jailer, the said jailer shall receive an annual salary not to exceed fifteen hundred dollars ($1,500), payable in monthly installments out of the county treasury of the county aforesaid on the order of the county commissioners of said county, which said order shall be a good and sufficient voucher to the treasurer of said county; and said deputy jailer shall receive in full compensation for his services an annual salary not exceeding the sum of nine hundred ($900) dollars, to be fixed by the county commissioners of said county, payable in the same manner as above prescribed for said jailer. The jail guards shall receive as full compensation for their services a sum not exceeding sixty ($60) dollars per month each, to be fixed by the county commissioners of roads and revenues, and to be paid in manner as above prescribed for jailers and as hereinafter provided. Salary of jailer. Of deputy. Of guards. SEC. IV. Be it further enacted by the authority aforesaid, That it shall be the duty of said jailer to make a report in

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writing to said county commissioners in the counties where this Act is in effect on the first day of each and every month, setting forth therein the conditions of said jail, the names and number of prisoners received in and discharged from said jail during the preceding month, the names and numbers of prisoners sent from said jail to the State penitentiary or county chain-gang, and the names and numbers executed according to law, if any, during said preceding month, and the names and number as were under treatment for sickness or disease by the jail physician, the names and number of lunatics, and what was done with such, the names and number of prisoners on county chain-gang, and any other information necessary or proper to place said county commissioners in possession of full and complete knowledge of the condition of said jail and its inmates, as they may require. He shall further report in writing as aforesaid to said county commissioners the number of pounds and quantity of meat, bread, flour, meal, or other provisions and all supplies on hand at the time of said report, and shall also report as aforesaid all sums of money received by him as jailer for receiving, dieting, and keeping prisoners, and turning keys on same, committed to said jail by the United States authorities or by the county authorities of other counties than the county aforesaid, or from any other sources, except hereinafter specified, which said sums of money shall be paid into the county treasury, and the receipt of the county treasurer of said county to said jailer shall be a good and sufficient voucher to have for the same, and shall turn over a duplicate receipt to the county commissioners of roads and revenues or their agent. Monthly report by jailer. Disposition of fees, etc. SEC. V. Be it further enacted by the authority aforesaid, That the county commissioners of said county shall draw their warrants on the county treasurer for all expenses of said jail, and no fees shall be charged for dieting, or for other purposes, against the counties in which this Act is in effect, as to prisoners sent to said jail from any court or magistrate whose expenses are paid out of the county fund. It shall be the duty of said county commissioners to supply said persons in said jail, or prisoners under the control of said commissioners, with provisions and other necessaries and supplies at prime cost, and for the lowest cash prices; and to this end they shall advertise for competitive bids for the same, reserving the right to reject any and all bids. They shall make a return of all receipts and expenditures of said jail, with proper reference to the vouchers; presenting at the same time all bids made aforesaid

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to the grand jury of the superior court of said county, at the spring term thereof each year for inspection. Said commissioners shall have power to make proper rules and regulations for the government and control of said jailers and jail of said county, and the prisoners and inmates therein, and, except as herein provided, are hereby invested with the management and care of said jail. What expenses to be paid by commissioners. Supply of provisions, etc. Bids for. Rules, etc., for government of jails. SEC. VI. Provided this Act shall not extend to any county, except there is located a city that has a population of over sixty-four thousand according to the Federal census of 1890, named by the Federal census of the last census or future census taken by the United States; provided further , that the provisions of this Act shall not apply to any county having local legislation upont the subject of this measure. To what counties this Act applicable. SEC. VII. Be it further enacted by the authority aforesaid, That this Act shall take effect on the first day of January Eighteen Hundred and Ninety-Seven; provided, however , in the meantime the same shall have been voted on by the qualified voters of the counties to be affected thereby at the time of the next regular election for county officers; at which election all the qualified voters who favor its adoption in said counties shall have written or printed on their ballots the words For management and care of jail by county commissioners, and those who oppose the same shall have printed or written upon their ballots the words Against management and care of jails by county commissioners; and if in any county to be affected by said Act a majority of the votes cast at said election on said question shall be for the management and care of jails by said county commissioners, then this Act shall become operative therein at the date aforesaid, otherwise it shall not become operative. The result of the election on said question shall be declared by the authority declaring the result of the election held for county officers. This Act to take effect Jan. 1, 1897. If adopted by popular vote. Provisions as to election. 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 16, 1895.

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TRUSTEES AND GUARDIANS, RIGHTS, ETC., OF FOREIGN DEFINED. No. 142. An Act to define the rights and privileges of foreign trustees and guardians in this State, and for other purposes. SECTION I. Be it enacted by the General Assembly, That from and after the passage of this Act, any guardian or trustee who resides out of this State, and who is regularly appointed as such guardian or trustee in the State in which he resides, may institute his suit in any court in this State to enforce any right of action or recover any property belonging to his ward or cestui que trust , or accruing to said guardian or trustee as such. Suits by. SEC. II. Be it further enacted, That pending the action a properly authenticated exemplification of the letters of guardianship, or of the appointment as trustee, shall be filed with the clerk of the court, to become a part of the record, provided the cause is pending in a court of record. If it be a summary process, the exemplification shall be filed with the papers. Exemplification of letters, etc., to be filed, etc. SEC. III. Be it further enacted, That if any citizen of this State is interested as creditor, heir, or legatee in the estate of which such guardian or trustee is the representative, he may, by application to the proper court, compel such foreign guardian or trustee to protect his interest according to equity and good conscience before removing such assets beyond the limits of this State. Protection of citizens of this State, as to removal of assets. SEC. IV. Be it further enacted, That any guardian or trustee who resides in any other State shall be, and he is, hereby authorized to sell and convey any property of his ward or cestui que trust lying or being in this State under the same rules and regulations as are now prescribed for the sale and conveyance of real estate by executors, administrators, guardians, or trustees of this State; provided , such foreign guardian or trustee shall file and have recorded in the ordinary's or other proper office, at the time of making his application for sale, an authenticated exemplication of his letters of guardianship, or of his appointment as trustee, and shall also file with the ordinary or other proper authority bond with good and sufficient security, in double the value of the property to be sold, for the faithful execution of such guardianship, or trusteeship, as required by law. Sales, etc., by foreign guardian or trustee. Filing, etc., of letters, etc. Bond.

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SEC. V. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 16, 1895. DEAD ANIMALS, ETC., OWNERS OF MUST BURY. No. 143. An Act to make it the duty of the owners of dead domestic animals or fowls and stale and decaying animal or vegetable matter situated in this State, without the corporate limits of any city or town, to bury the same, and to provide a punishment for a failure so to do. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act it shall be the duty of every owner of any horse, mule, cow, ox, bull, calf, sheep, goat, dog, cat, or any other domestic animal, and the owner of any domestic fowl, if said animal or fowl shall die without the incorporate limits of any town or city of this State, to bury said domestic animal or fowl deep enough to prevent any stench therefrom within three hours after notice of the death and the location of the carcass of the said animal or fowl; provided , that the carcass of such animals may, within three hours after such notice, be removed and at once manufactured into fertilizers. Owners of animals or fowls. Dying outside town or city. Must bury them within what time. SEC. II. Be it further enacted, That it shall be the duty of the last owner of any stale or decaying vegetable or animal matter within this State, but situated without the incorporate limits of any of the towns or cities of this State, to bury such stale or decaying matter so deep as to prevent any stench within three hours after notice that such matter has become offensive to the smell or dangerous to health. Burial of stale, etc., vegetable or animal matter. SEC. III. Be it further enacted, That any person failing or refusing to bury said animals, fowls, or matter, as provided in sections 1 and 2 of this Act, shall be punished as provided in section 4310 of the Code of Georgia of 1882. Penalty. SEC. IV. Be it further enacted, That this Act shall not be in force in any county of this State except within those counties in whose limits there is, or may hereafter be, situated a city of sixty thousand or more inhabitants, as shown by the last Federal census. To what counties this Act applicable. 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, 1895.

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BOARDS OF EDUCATION, APPROVAL OF ACCOUNTS OF MEMBERS OF. No. 145. An Act to amend an Act entitled an Act to amend the school laws of this State by prescribing the qualifications of the members of the county board of education, providing for their compensation, and for other purposes; providing that the per diem therein provided for shall be paid upon approval of the accounts of said board by the ordinary of the counties and the county school commissioner, instead of the grand jury as herein provided. SECTION I. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of same, That section II. of the above recited Act be, and is, hereby amended by striking out the folowing words therein: the grand jury at the spring term of the court, and substituting therefor the words: ordinary or county school commissioner, so that said section, as amended, will read as follows: Section II. Be it further enacted, That the members of the board of education in each county shall each be paid a per diem not to exceed two dollars for each day's service out of the school fund apportioned to the county; and their accounts for services shall be submitted for approval to the ordinary or county school commissioner; and they shall not receive any other compensation, such as exemption from road and jury duty. Sec. 2 of Act of Dec. 18, 1893, amended. Accounts of members to be approved. Section as amended. SEC. II. Be it further enacted, That all laws and parts of laws in conflict with this Act are hereby repealed. Approved December 16, 1895. BLUE RIDGE AND ATLANTIC RAILROAD, GOVERNOR AUTHORIZED TO RELINQUISH STATE'S CLAIM TO. No. 153. An Act to authorize the Governor to relinquish all claims of the State to the Blue Ridge and Atlantic Railroad, under certain conditions therein named, and for other purposes. SECTION I. Be it enacted by the General Assembly, That the

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Governor be, and he is, hereby authorized to relinquish all claims that the State may have in and to the Blue Ridge and Atlantic Railroad to the bondholders thereof, or to such other person or persons as may have the legal right to take possession of said railroad, without recourse in the State, upon the condition that the said bondholders or other person or persons who take charge thereof, shall pay all State and county taxes that may be due thereon and resume a daily schedule from Cornelia to Tallulah Falls within sixty days from the passage of this Act; and with the further condition that said bondholders or other persons shall, within six months after the passage of this Act, put the roadbed, bridges, and trestles of said railroad in good condition. The relinquishment herein provided for shall not take effect or be in any way binding upon the State until all the conditions in this Act set forth are fully complied with to the satisfaction of the Governor. State's claim may be relinquished, to whom. Conditions upon which relinquishment may be made. SEC. II. Be it further enacted, That all laws in conflict with this Act be, and they are, hereby repealed. Approved December 16, 1895. NORTHEASTERN RAILROAD, SALE OR LEASE OF. No. 163. An Act to provide for the sale or lease of the Northeastern Railroad, to confer certain powers and duties upon the Governor with reference thereto, 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 immediately after the passage of this Act it shall be the duty of the Governor to advertise and offer for sale the Northeastern Railroad in the following manner: The Governor shall insert an advertisement in one newspaper in the city of New York, one in Chicago, and one newspaper published in the city of Atlanta, Macon, Columbus, Rome, Augusta, and Savannah, said advertisement to be published one time in each of said newspapers, offering the Northeastern Railroad for sale to the highest bidder, and requesting that sealed bids for the purchase of said railroad be sent to him within sixty days after the approval of this Act, under such rules and regulations as to said bids as may be prescribed by him. The minimum price at which said property may be sold shall be the amount of the bonded indebtedness incurred by the State in obtaining possession

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of said property, to wit: The sum of two hundred and eighty-seven thousand dollars. The Governor shall reserve the right to reject any and all bids, and the sale shall be either for cash or for the valid, recognized bonds outstanding of this State, said bonds to be received at their market value at the time of the sale. The Governor shall be authorized to execute a warranty deed to the purchaser. Advertisement for sale. Minimum price. Terms of sale. SEC. II. Be it further enacted by the authority aforesaid, That in case no sale shall be made of the railroad under the first section of this Act then, and in that event, it shall be the duty of the Governor to offer to lease the same for a term of twenty years from the date of the issuance of the bonds negotiated for obtaining possession of said property by the State. The said lease shall be made to the highest bidder, after an advertisement of the same once a week for four weeks in at least two daily newspapers in this State, published at different places. The minimum price per annum at which said lease may be made shall be the annual interest on the bonds aforesaid, issued by this State to obtain possession of said property. The Governor shall reserve the right to reject any and all bids for the lease of said road. It shall be the duty of the Governor to provide for the security of the State by taking from the lessee good bond, not to exceed the sum of fifteen thousand dollars, or a deposit of collaterals of the value of fifteen thousand dollars, to secure the payment by the lessee of the rental aforesaid, and to insure the keeping up of said property to its present standard. The rental [Illegible Text] be paid quarterly, and the Governor may seize the road on failure of the lessees to pay the same for sixty days after any installment becomes due. The Governor may also seize said road whenever the lessees thereof fail and refuse, for a period of six months, to keep said road in as good condition as when leased; or he may seize the same whenever the security above required may become impaired, and the lessees fail to make the same good after thirty days' notice thereof to the lessees, or to the president or general manager of the company operating said road. The Governor shall also provide in the contract with the lessees that no betterments shall be claimed or allowed at the end of the lease, but the property shall be returned in as good condition as the same appears at the present time, with whatever additions or improvements the lessee may have put thereon. A careful inventory of all the property turned over to the lessee shall be taken by a competent expert, to be appointed by the Governor, and filed with the lease at the time of the execution thereof. This inventory shall accurately set forth the condition of the property at the time of the lease. If no sale made, road may be leased. Advertisement [Illegible Text] Minimum price, etc. Bond of lessee. Collection of rental, etc. Betterments. Inventory.

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SEC. III. Be it further enacted by the authority aforesaid, That the Governor shall have the right to sell said road, as provided in section 1, at any time, even after the leasing of the same, and during the terms of said lease; provided, however , he shall first obtain a relinquishment of all the rights of the lessees in the remaining portion of the term. Sale after lease made. SEC. IV. Be it further enacted, by the authority aforesaid, That in case the Governor shall fail or be unable, for any cause, to lease the property under the provisions of the second section of this Act, then, and in that event, it shall be his duty to continue the operation of the same until some other disposition of the property can be made according to law. As an inducement for the purchase or lease of said railroad, the Governor of Georgia is hereby empowered, if he should deem it proper, to convey to the Dahlonega Railroad Company, by deed in fee simple, a one-half undivided interest in and to all the lands in and around the town of Lula which were conveyed to said Northeastern Railroad Company, or for its behalf, by J. H. Banks and others for railroad purposes, on the condition and consideration that said Dahlonega Railroad Company extends its road to the town of Lula and connects with said Northeastern Railroad within two years from the date of the approval of this Act; provided , this shall not be construed to authorize the conveyance of such portion of said property as is now used for terminal purposes. No sale or lease, State may operate road. Governor may convey certain lands to Dahlonega R. R. Co. 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 16, 1895. EVIDENCE, WRITING ADMISSIBLE IN, WHEN WITNESS DEAD, ETC. No. 155. An Act to authorize any written instrument to be admitted in evidence when the subscribing witnesses are dead, insane, incompetent, inaccessible, or, being produced, do not recollect the transaction, 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 whenever the subscribing witnesses to an instrument in writing are dead, insane, incompetent, or inaccessible, or, being produced, do not recollect the transaction, then proof of the actual signing by, or of

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the handwriting of, the alleged maker shall be received as primary evidence of the fact of execution; and if such evidence be not attainable, the court may admit evidence of the handwriting of the subscribing witnesses, or other secondary evidence, to establish such fact of execution. Attesting witness dead, etc., execution proved how. 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 16, 1893. LIENS, AFFIDAVITS TO FORECLOSE BEFORE ANY OFFICER EMPOWERED TO ADMINISTER OATHS. No. 156. An Act to allow affidavits to foreclose liens to be made before any officer authorized to administer oaths generally, and for other purposes. SECTION I. Be it enacted by the General Assembly of Georgia, That affidavits to foreclose liens may be made before any officer authorized to administer oaths for general purposes, but such affidavits must still be filed with the officers now authorized to issue process upon the same, which officer, after the filing of such affidavit, shall issue process as now required by existing laws. Affidavit may be made before any officer empowered to administer oaths. SEC. II. Be it further enacted by the authority aforesaid, That all laws in conflict with this Act be, and the same are, hereby repealed. Approved December 16, 1895. DOMESTIC WINES, [Illegible Text] SALE OF. No. 158. An Act to regulate the sale of domestic wines in the towns and cities of this State, to provide for licensing 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 same, That from and after the passage of this Act the cities and towns in this State shall have the right and power to regulate the sale of domestic

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wines within their territorial limits, and to license or tax each place of business where the same is sold, and provide a penalty for non-compliance therewith; provided , that the same shall not be sold in quantities less than one quart, nor be drunk on the premises where sold, except in regularly licensed barrooms, as now provided by law. Cities and towns may regulate sale. License or tax. Sales to be of not less than quart, etc. SEC. II. Be it further enacted, That this Act does not confer upon any city or town authority to permit the sale of domestic wines where by law the same is now prohibited. Not applicable where sales now prohibited. SEC. III. Be it further enacted, That this Act shall not be construed so as to prevent any person from selling in said cities and towns wine made from grapes or berries grown on his own land, or lands leased or rented by him; provided , he does not establish a place of business to sell the same or otherwise engage regularly in the business of selling the same within the territorial limits of said cities and towns, in which case he shall fall within the operations of section 1 of this Act. Sales by person of wine from grapes, etc., grown on his own land. 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 16, 1895. CONFEDERATE SOLDIERS MAY BE TRAVELING LIFE INSURANCE AGENTS, ETC., WITHOUT LICENSE. No. 160. An Act to amend an Act, approved December 15th, 1893, permitting Confederate soldiers to peddle without license, State, county or municipal, by providing that like privileges be extended to Confederate soldiers engaged in the business of traveling life insurance agents or solicitors, and for other purposes. SECTION I. Be it enacted by the General Assembly of Georgia, That the first section of said Act be, and the same is, hereby amended by striking out the word ten, in line four, and inserting in lieu thereof the word three, and by adding the words conduct the business of traveling life insurance agents or solicitors and after the word to, at the end of line five and before peddle, in line six, so that said section, when amended, shall read as follows: Sec. I of Act of Dec. 15, 1893, amended. Confederate soldiers may be travelling insurance agents, etc., without license. SECTION I. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority aforesaid, That from and

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after the passage of this Act, all Confederate soldiers who are over the age of fifty years and who have resided in this State for three years next preceding the filing of their applications, as hereinafter provided, are authorized to conduct the business of traveling life insurance agents or solicitors and peddle in the State without first obtaining a license therefor from the State or any county or municipality thereof, and without being subject to any tax therefor. Section as amended. SEC. II. Be it further enacted by the authority aforesaid, That the second section of said Act be, and the same is, hereby amended by inserting the words or navy after the word army, in line five, and insert the words or command after the word regiment, in line five. Amend further by striking out the word ten, in line six, and inserting in lieu thereof the word three. Amend further by inserting the following words after the word affidavit and before the word that, in line seven, to wit: He shall also state what business he proposes to conduct, and if he proposes to peddle, shall so state. Amend further by striking out the words stating what he proposes to peddle, in line eight, so that said section, when amended, shall read as follows: Sec. 2 amended. As to affidavit to be made by person seeking privileges of this Act. SEC. II. Be it further enacted by the authority aforesaid, That before any such Confederate soldier shall avail himself of the privilege conferred by this Act, he shall go before the ordinary of the county wherein he resides, and make oath in writing that he served as a soldier in the Confederate army, or navy, stating in what company and regiment or command; that he is over fifty years of age and has resided in this State three years next preceding the filing of said affidavit; he shall also state what business he proposes to conduct, and if he proposes to peddle, shall state that the business which he proposes to carry on is his own, and that he will not sell, or offer to sell, any article for another, directly or indirectly. Section as amended. SEC. III. Be it further enacted by the authority aforesaid, That the third section of said Act be, and the same is, hereby amended by striking out the word peddle, in line five, and inserting in lieu thereof the following words conduct the business hereinbefore designated. Amend further by striking out the words or lightning rods, at the end of the last line of said section, so that said section, when amended, shall read as follows: Sec. 3 amended. As to what authorized by ordinary's certificate. SEC. III. Be it further enacted, That upon making and filing the affidavit provided for in the preceding section, the ordinary shall issue a certificate stating that said Confederate soldier has taken the oath prescribed by law, which certificate shall authorize the Confederate soldier making such affidavit and holding such certificate

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to conduct the business hereinbefore designated, in any county or municipality in this State, without procuring a license or being subject to any tax therefor, provided he shall not sell whisky or sewing-machines. Section as amended. SEC. IV. Be it further enacted by the authority aforesaid, That the title of said Act be, and the same is, hereby amended by striking out the word ten, in line two, and inserting in lieu thereof the word three. Amend further by inserting the following words after the word to and before the word peddle, in line three, to wit: conduct the business of traveling life insurance agents or solicitors, so that said title, when amended, shall read as follows: Title of Act amended. An Act to authorize all Confederate soldiers who are over the age of fifty years, and who have been residents of this State for three years next preceding their application, to conduct the business of traveling life insurance agents or solicitors and peddle in said State without obtaining a license from said State or any county or municipality thereof, and without being subject to any tax therefor. Title as amended. 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, 1895. SCHOOL FOR COLORED PERSONS, BRANCH OF STATE UNIVERSITY, NAME FOR. No. 166. An Act to amend section 1 of an Act entitled an Act to establish a school for colored persons as a branch of the State University, etc., approved November 26, 1890, by adding at the end of said first section the following words: and to be known as The Georgia State Industrial College for Colored Youths, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That section 1 of an Act to establish a school for colored persons, approved November 26, 1890, be amended by adding the following words at the end thereof, to wit: and to be known as The Georgia State Industrial College for Colored Youths, so that said section, when amended, shall read as follows: Be it enacted by the General Assembly of this State, and it is hereby enacted by authority of

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the same, That there shall be established in connection with the the State University, and forming one of the departments thereof, a school for the education and training of colored students. Said school shall be located, equipped, and conducted as hereinafter provided, and to be known as The Georgia State Industrial College for Colored youths. Sec. I of Act of Nov. 26, 1890, amended. Name for school. Section as amended. SECTION II. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 16, 1895. NOTE BY COMPILER.See Act immediately following this. SCHOOL FOR COLORED PERSONS, BRANCH OF STATE UNIVERSITY, NAME FOR. No. 229. An Act to amend an Act approved November 26, 1890, entitled an Act to [Illegible Text] a school for colored persons as a branch of the State University, to appropriate money for the same, and for other purposes, by adding to section 1 of said Act, just after the word student, in the fifth line, the following words, to wit: to be called The State Industrial College for Colored Persons. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That section 1 of the above recited Act be, and the same is, hereby amended by adding to section 1 of said Act, just after the word student, in the fifth line, the following words, to wit: to be called The State Industrial College for Colored Persons, so that said section, when so amended, shall read as follows: Be it enacted by the General Assembly of this State, and it is hereby enacted by authority of the same, That there shall be established in connection with the State University, and forming one of the departments thereof a school for the education and training of colored students, to be called The State Industrial College for Colored Persons. Said school shall be located, equipped, and conducted as hereinafter provided. Sec. I of Act of Nov. 26, 1890, amended. Name for school. 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 16, 1895. NOTE BY COMPILER.See Act immediately preceding this.

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VOLUNTEER FORCES, AMENDING LAWS AS TO ORGANIZATION, ETC., OF. No. 177. An Act to amend an Act approved December 20th, 1893, entitled an Act to provide for the reorganization, the discipline and the regulation of the volunteer forces of this State, and for other purposes connected therewith, so as to change the name of machine gun platoons to machine gun batteries, to make certain changes in the organization of machine gun batteries, regimental signal corps, and batteries of artillery, 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 said Act be amended by striking out the words machine gun platoon wherever it occurs and inserting in lieu thereof the words machine gun battery. Act of Dec. 20, 1893, amended. Machine gun platoon changed to machine gun battery. SEC. II. Be it enacted by authority aforesaid, That section VI. of said Act be amended by inserting the words one quartermaster-sergeant immediately after the words five sergeants, in the sixth line; also by striking out the words one first lieutenant, three sergeants, two corporals, and not less than ten or more than forty, in the eighth and ninth lines, and inserting the words one captain, one first lieutenant, and one second lieutenant, five sergeants, four corporals, and not less than ten or more than eighty privates; also by inserting the words under command of the signal officer, one first lieutenant, immediately after the words to each regimental signal corps there shall be, in lines twelve and thirteen; also by inserting the words or more than fifty after the word twelve, in the sixteenth line, so that said section, when amended, shall read as follows: That to every company of infantry and cavalry there shall be one captain, one first lieutenant, one second lieutenant, five sergeants, four corporals, and not less than twenty or more than eighty privates; that to every battery of artillery there shall be one captain, two first lieutenants, one second lieutenant, five sergeants, one quartermaster-sergeant, four corporals, and not less than twenty or more than eighty privates; that to every machine gun battery there shall be one captain, one first lieutenant, and one second lieutenant, five sergeants, four corporals, and not less than ten or more than eighty privates; that each machine gun battery, when organized,

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shall be attached to a regiment of infantry and shall bear the numerical designation of such regiment; that to each regimental signal corps there shall [Illegible Text], under command of the signal officer, one first lieutenant, two sergeants, one corporal, and not less than eight or more than forty privates; that to each regiment band of music there shall be one chief musician, two sergeants, two corporals, and not less than twelve or more than fifty privates; that to every company there shall be one clerk who shall be detailed for that duty from the company. Sec. 6 amended. Quartermaster-Sergeant for each battery of artillery. Machine gun batteries. First lieutenant of signal corps. Regimental band. Section as amended. SEC. III. 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 16, 1895. MASTER AND SERVANTS, CONTRACTS BETWEEN, EXEMPTING MASTER FROM LIABILITY FOR NEGLIGENCE. No. 184. An Act to declare all contracts between master and servant, made in consideration of employment whereby the master is exempted from liability to the servant, arising from the negligence of the master or his servants, as such liability is now fixed by law, void as against public policy. SECTION I. Be it enacted by the General Assembly of Georgia, That from and after the passage of this Act all contracts between master and servant, made in consideration of employment, whereby the master is exempted from liability to the servant arising from the negligence of the master or his servants, as such liability is now fixed by law, shall be null and void as against public policy. No exemption by contract of master from liability to servant for negligence. SEC. II. Be it further enacted, That all laws and parts of laws in conflict herewith be, and the same are, hereby repealed. Approved December 16, 1895.

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CODE, ADOPTING, PROVIDING FOR PUBLICATION OF, ETC. No. 189. An Act to approve, adopt and make of force the Code of laws prepared under the direction and by authority of the General Assembly, to provide for the printing and publication of the same, and for making indices thereto, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That the Code of laws prepared under its authority by John L. Hopkins, Clifford Anderson, and Joseph R. Lamar, and revised, fully examined and identified by the certificate of its joint committee, and recommended and reported for adoption, and with the Acts passed by the General Assembly of 1891 added thereto by the codifiers, be, and the same is, hereby adopted and made of force as the Code of Georgia. New Code adopted. SEC. II. Be it further enacted, That said Code shall be printed and published in three volumes. The first volume shall contain the laws relating to the political and public organization of the State. The second volume shall embrace the civil Code, the Code of practice, the rules of the Supreme and superior courts and the Constitution of the State and the United States; and the third volume shall embrace the penal laws. A separate index for each volume shall be prepared by the Code commissioners from the printed forms. To be published in three volumes. Volume first. Second. Third. Separate index for each volume. SEC. III. Be it further enacted, That the Governor be authorized to contract with the Code commissioners, or any or either of them, to superintend the publication and supervise the printing of said Code. Contract to superintend publication. SEC. IV. Be it further enacted, That the Governor, Hon. John L. Hopkins, and Hon. Wm. A. Wright, Comptroller-General, be authorized to contract for and procure the printing and binding of ten thousand copies of said Code. They shall have the work done on the best terms they can get for the State, giving especial consideration to the reliability and punctuality of the contractor, the cost and character of the work, and its completion at the earliest practicable time. And they shall provide in said contract that stereotype plates shall be made by the printer, and when the work of printing the Code is completed, said plates to be the property of the State and turned over to the Librarian for safe keeping. Contract for printing and binding. Stereotype plates to be made.

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SEC. V. Be it further enacted, That, as soon as a contract shall be made for the printing and publication of said Code, the volume embracing the penal laws and annotations shall be printed and published, and as soon as the annotations to the other volumes are prepared by the Code commissioners and approved by the joint committee of the General Assembly, said volumes shall be printed and published. Volume third to be first published. When other volumes to be published. SEC. VI. Be it further enacted, That the Governor have the Code copyrighted for the benefit of the State. Code to be copyrighted for State. SEC. VII. Be it further enacted, That the State Librarian shall sell said Code to the public for cash only, at the actual cost to the State, and deposit each day the money thus received into the State treasury; provided , that the Librarian shall not sell the Code to any person who desires the same for resale or speculation. Sale of Code. 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 16, 1895. WESTERN AND ATLANTIC RAILROAD, OFFICIAL SURVEY AND MAPS. No. 212. An Act to provide for official surveys of the Western and Atlantic Railroad, for the filing maps thereof in the offices of the Secretary of State and clerk of the superior court of the several counties through which said railroad runs, for giving to such maps when so filed all the force and effect of a record of deeds to lands; to provide for the summary removal of trespassers upon the rights of way and properties of said railroad as shown upon said maps; to provide the sum of fifteen hundred dollars, or so much thereof as may be necessary, for the payment of the costs and expenses of making said surveys and maps and filing the same, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That the Governor be, and he is, hereby authorized, in his discretion, to have made such surveys of the rights of way, terminal, and other properties of the Western and Atlantic Railroad as may be necessary

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for the preparation and filing of complete and accurate plats of survey or maps of the entire line of the Western and Atlantic Railroad from its initial point, the city of Atlanta, to its terminal in the city of Chattanooga, Tennessee, together with all terminals, depot grounds, and other properties necessary and useful for railroad purposes, and appertaining to said railroad. Governor to have surveys made. Plats or maps. SEC. II. Be it further enacted by authority of the same, That the Governor be, and he is, hereby authorized to nominate a competent civil engineer for the purpose of making surveys, and of preparing the plats of survey or maps hereinabove authorized to be made, and to provide said engineer with such assistance as may be requisite and proper to enable him to make such surveys and maps within a reasonable time, including the services of some person familiar with the locations of the original main track of the Western and Atlantic Railroad, and such changes as may have been made therein; and the sum of fifteen hundred dollars, or so much thereof as may be necessary, for the payment of the costs and expenses of making said surveys and maps, and filing the same, be, and the same is, hereby appropriated, and the Governor is hereby authorized to issue his warrant on the State Treasurer in payment of the same. Civil engineer to be nominated by the Governor. Assistance to engineer. Appropriation for expense of surveys and maps. SEC. III. Be it further enacted by authority of the same, That said plats of surveys or maps, when prepared, shall be submitted to the Governor for his approval, and if approved by him, he shall indorse his approval thereon and declare the same to be official maps, and cause the same to be filed in the office of the Secretary of State in the capitol; and duplicate copies or tracings of so much of said maps as pertain to rights of way and properties in any particular county shall be indorsed by the Governor and filed in the office of the clerk of the superior court in each of the respective counties through which said railroad runs, including the county of Hamilton, Tennessee. Maps to be submitted to Governor for approval. If approved to be filed with Secretary of State. Duplicates to be filed in offices Clerks Superior Court. SEC. IV. Be it further enacted by the authority of the same, That when said maps shall have been so filed as hereinabove directed, the Governor shall cause official notice to be given of said filing in one newspaper of general circulation in the city of Atlanta, and in the newspaper in which sheriffs' advertisements are published in each of the several counties through which said railroad runs; said maps so filed shall, and are hereby declared to be official maps of the Western and Atlantic Railroad; certified copies thereof shall be admissible in any of the courts of this State as prima facie evidence of the truth of what they show and contain; said maps so filed shall constitute constructive notice of their contents, and in all

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respects shall have the force and effect now given by law to the record of deeds to lands. Notice of filing of maps. Certified copies admissible in evidence. Such maps constructive notice. SEC. V. Be it further enacted by authority of the same, That whenever it shall be made [Illegible Text] appear to the Governor that any person or persons are encroaching, or are in any way trespassing upon the rights of way and properties of the Western and Atlantic Railroad as shown by said maps, it shall be the duty of the Governor to order the sheriff of the particular county to summarily remove such encroachments and prevent such trespassing, and upon receipt of such order from the Governor the sheriff of such particular county shall within three days execute the order by the removal of such encroachments or the prevention of such trespasses. Should the party so apparently encroaching or trespassing upon said rights of way or properties make affidavit that he does in good faith claim the title or right of possession to the particular property encroached upon, or make an affidavit that the same is not an encroachment upon the right of way or property of the Western and Atlantic Railroad, and shall tender to the sheriff a bond with good security in the penal sum of not less than five hundred dollars nor more than ten thousand dollars, to be assessed by the sheriff subject to the approval of the Governor, conditioned for the payment of such penalty as may be assessed by the court, in the manner hereinafter directed, should the issue be found against the affiant, then, and in such event, the sheriff shall not remove such encroachment or interfere with such possession, but shall return the affidavit and bond to the superior court of the particular county, and the facts in issue shall be there tried by a special jury as in cases of proceedings against tenants holding over. [Illegible Text] upon right of way [Illegible Text] other property of R. R. Counter affidavit Bond. SEC. VI. Be it further enacted, If the issue specified in the preceding section shall be determined against the affiant, the court shall assess a penalty against him of not less than one hundred dollars nor more than five thousand dollars, to be entered up against the sureties on said bond, and the sheriff shall immediately proceed to remove the encroachment, and otherwise restore full possession of the property in dispute to the State, or the person then entitled to possession of the Western and Atlantic Railroad. Penalty to be assessed against claimant Removal of encroachment, 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, 1895.

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PENSIONS, PAYMENT OF TO CERTAIN WIDOWS OF CONFEDERATE SOLDIERS. No. 216. An Act to provide for and authorize the payment of pensions to certain widows of Confederate soldiers who are on the invalid pension roll, and have died from the effects of the injuries for which they were pensioned. SECTION I. Be it enacted by the General Assembly of Georgia, That the widow of every Confederate soldier who was on the invalid pension roll of the State of Georgia, on account of wounds received or disease contracted while in the Confederate service, and who has died from the effects of the injuries for which he was pensioned, shall be allowed a pension of sixty dollars per annum from the date of this Act, so long as she remains the widow of such deceased pensioner; provided , said widow was married to or was the wife of said Confederate soldier during the date of service in said Confederate army. Pensions to be paid widows whose husbands were on pension roll. Proviso SEC. II. Be it further enacted by the authority aforesaid, That the Governor be, and he is, hereby authorized to draw his warrant on the treasury of this State in favor of each and every widow who shall furnish satisfactory proof that her deceased husband was on the Georgia invalid pension roll at the time of his death; that he is dead, that he died from the effects of the injuries for which he was pensioned, and that she is still his widow. That said warrants shall be for sixty dollars each, and shall be payable yearly so long as the applicant remains the widow of the deceased pensioner. Warrants for such pensioners. Proof by applicant. 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, 1895.

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RECEIVERS, ETC., OPERATING RAILROADS, LIABILITY OF TO EMPLOYEES. No. 224. An Act to fix and define the liability of receivers, trustees, assignees, and other like officers operating railroads in this State, or partially in this State, for injuries and damages to employees caused by the negligence of coemployees, and to fix the lieu of the same, and to provide how suits shall be brought and served in all cases, 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 liability of receivers, trustees, assignees, and other like officers operating railroads in this State, or partially in this State, for injuries and damages to persons in their employ, caused by the negligence of co employees, shall be the same as the liability now fixed by the law governing the operation of railroad corporations in this State for like injuries and damages, and a lien is hereby created on the gross income of any such railroad while in the hands of any such receiver, trustee, assignee, or other [Illegible Text] in favor of such injured employees, superior to all other liens against defendant under the laws of this State. Liability for injuries from negligence of coemployees. Same as fixed by law for railroad corporations. Lien for SEC. II. Be it further enacted, That suits may be brought against either of such officers in the same county, and service may be perfected by serving them or their agents in the same manner as if the suit had been brought against the corporation whose property or franchise is being operated by them, and that all such suits may be brought without first having obtained leave to sue from any court. Suits [Illegible Text] damages services 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 16, 1895.

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Part II.Corporations . TITLE I.BANKS, LOAN, TRUST AND GUARANTEE COMPANIES.

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TITLE I . BANKS, LOAN, TRUST AND GUARANTEE COMPANIES. ACTS. Macon Savings Bank, charter amended. Monroe Banking, Loan and Guarantee Co., name changed. Savannah Bank and Trust Co. of Savannah, charter amended. Title Guarantee and Loan Co. of Savannah, name changed. Union Loan and Trust Co., [Illegible Text] amended. MACON SAVINGS BANK, CHARTER AMENDED. No. 86. An Act to amend the charter of the Macon Savings Bank, so as to authorize the directors to reduce the capital stock of said bank to $100,000, to provide for the purchase of the stock of the bank so as to make said reduction, and for other purposes. Whereas, In accordance with the second section of the charter of the Macon Savings Bank, set forth in an Act approved March 2d, 1874, the board of directors of the said bank did, by resolution, authorize an increase of the capital stock of said bank to the sum of two hundred thousand dollars; and Preamble. Whereas, Under said resolution one hundred and thirty-one thousand dollars of said stock was issued; and Whereas, The president and directors of said bank desire to call in a portion of said stock, and to decrease the outstanding capital

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stock so that the same shall amount only to one hundred thousand dollars; and Whereas, Said bank is shown to be in a perfectly solvent condition, and the decrease aforesaid will in nowise jeopardize the rights of its creditors; therefore, SECTION I. Be it enacted by the General Assembly of this State, and it is hereby enacted by authority of the same, That the board of directors of the Macon Savings Bank be, and they are, hereby authorized to decrease the capital stock of the bank to the sum of one hundred thousand dollars, and for that purpose they are hereby empowered to purchase and retire with the funds of the institution a sufficient amount of the outstanding stock of the bank, at a sum not to exceed the par value thereof, to decrease the capital stock of the bank to the said sum of one hundred thousand dollars. Authority to decrease capital stock. To purchase and retire stock. 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 13, 1895. MONROE BANKING, LOAN AND GUARANTEE COMPANY, CHARTER AMENDED. No. 55. An Act to amend an Act to incorporate the Monroe Banking, Loan and Guarantee Company, and for other purposes, approved October 22d, 1887. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That section first of an Act entitled an Act to incorporate the Monroe Banking, Loan and Guarantee Company, and for other purposes, approved October 22d, 1887, be amended by striking therefrom the words Monroe Banking, Loan and Guarantee Company, and inserting in lieu thereof the words Bank of Forsyth, so that said section, when amended, shall read as follows: That W. B. Amos, S. F. Beckham and Robert L. Barner, and such other persons as may hereafter become associated with them, and their successors and assigns, shall be, and they are, hereby constituted a body politic and corporate under the name and style of the Bank of Forsyth for the term of fifty years, and as such shall have the right to have and use a common seal; to sue and be sued; plead and be impleaded; to purchase, own, hold, sell and receive all property of any description; to alien, sell, convey, lease, mortgage, or otherwise

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dispose of the same as a natural person; to make all by-laws, not inconsistent with the laws of the State, and to do all acts and things necessary or proper to [Illegible Text] out the objects and purposes of this Act, and to exercise all the powers incident to a corporation and necessary to the transaction of its business. Sec. 1 of Act of Oct. 22, 1887, amended. Name changed Section as amended. SEC. II. Be it enacted, That all laws or parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 4, 1895. SAVANNAH BANK AND TRUST COMPANY OF SAVANNAH, CHARTER AMENDED. No. 179. An Act to amend an Act entitled an Act to incorporate the Savannah Bank and Trust Company of Savannah and the amendments thereto, to permit said bank to reduce its capital stock and from time to time change the amount 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 from and after the passage of this Act, section 1 of the Act amending the charter of the Savannah Bank and Trust Company of Savannah, entitled an Act to permit the Savannah Bank and Trust Company to reduce its capital stock, be, and the same is, hereby amended by striking out the words from one million dollars to five hundred thousand dollars, and inserting in lieu thereof the words from one million to an amount not less than two hundred and fifty thousand dollars, and by striking out the words until the said minimum of five hundred thousand dollars shall have been reached, and inserting in lieu thereof the words and the president and board of directors, by and with the consent of a majority of the stockholders, may either increase or decrease the capital stock in such manner, at such time or times, and in such sums or amounts as they may deem most advisable for the interest of the stockholders; provided , said capital stock shall not at any time be decreased below two hundred and fifty thousand dollars, nor increased beyond one million dollars, and by adding after the words provided , that said reduction the words or variation, so that said section, as amended, shall read as follows: That from and after the passage of this Act the Savannah Bank and Trust Company,

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by and with the consent of a majority of its stockholders, be, and the same are, hereby permitted and authorized to reduce its capital stock from one million dollars to two hundred and fifty thousand dollars, and that such reduction may be made in such manner, at such times and in such sums as the president and board of directors may in their discretion deem most advisable for the interest of the stockholders; and the president and board of directors, by and with the consent of a majority of the stockholders, may either increase or decrease the capital stock in such manner, at such time or times and in such sums or amounts as they may deem most advisable for the interest of the stockholders; provided , such capital stock shall at no time be decreased below two hundred and fifty thousand dollars or increased beyond one million dollars; provided , that such reduction or variation of the capital stock herein allowed shall in no manner interfere with the liabilities to the creditors of said bank. Minimum of capital stock. Stock may be increased or diminished. Reduction [Illegible Text] variation of capital. 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 16, 1895. TITLE GUARANTEE AND LOAN COMPANY OF SAVANNAH, NAME CHANGED. No. 89. An Act to amend an Act incorporating the Title Guarantee and Loan Company of Savannah, approved October 17th, 1887, by changing the name of said corporation to the People's Savings and Loan 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 Act incorporating the Title Guarantee and Loan Company of Savannah, approved October 17th, 1887, be, and the same is, hereby amended, so that from and after the passage of this Act the name of said corporation shall be changed from the Title Guarantee and Loan Company of Savannah to the People's Savings and Loan Company, and by the latter name the said company may exercise all the powers, rights, privileges, immunities and franchises bestowed upon the original name, and shall be subject to all the liabilities of said corporation incurred under its said original name. Name changed to People's Savings Loan Campany. SEC. II. And it is hereby further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 13, 1895.

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UNION LOAN AND TRUST COMPANY, CHARTER AMENDED. No. 112. An Act to amend the charter of the Union Loan and Trust Company, said charter being an Act entitled an Act to incorporate the Atlanta Guarantee Savings Bank, approved December 26th, 1890, by striking out from the sixteenth line of the third section of said Act, the following words: except fire and life insurance, and for other purposes. SECTION I. Be it enacted by the General Assembly of Georgia, That the charter of the Union Loan and Trust Company, the same being an Act entitled an Act to incorporate the Atlanta Guarantee Savings Bank, approved December 26th, 1890, be, and the same is, hereby amended by striking out from the sixteenth line of the third section of said Act the following words: except fire and life insurance, said words being in brackets, so that said section, when so amended, shall read as follows: Be it further enacted, That said corporation shall have the right to do a general banking business, make loans and discounts, to 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 and 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; 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. Sec. 3 of Act of [Illegible Text] 26, 1890, amended. Except [Illegible Text] and fire insurance stricken. 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 13, 1895.

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Part III.Local Laws . TITLE I.MUNICIPAL CORPORATIONS. TITLE II.COUNTY OFFICERS. TITLE III.COUNTY AND CITY COURTS. TITLE IV.LIQUORS. TITLE V.GAME AND FISH. TITLE VI.DRAINAGE, OBSTRUCTION OF STREAMS, ETC. TITLE VII.MISCELLANEOUS.

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TITLE I . MUNICIPAL CORPORATIONS. ACTS. Abbeville, system of public schools for. Albany, charter of amended. Alto, town of incorporated. Atlanta, charter amended. Augusta empowered to extend, etc., a ditch beyond city limits. Augusta, increase of water supply, etc. Battle Hill, town of incorporated. Boston, charter of amended. Bowman, bonds for public schools. Braswell, town of incorporated. Bruton, name changed, etc. Cairo, charter of amended. Calhoun, new charter for. Camilla, charter of amended. Carrollton, bonds for school buildings, etc. Carrollton, amending act as to public schools in. Carrollton, charter of amended. [Illegible Text] charter of amended. Cartersville, amending Act as to public schools in. Chickamauga, charter of amended. Clarksville, bonds for school buildings. Cochran public schools. Cohutta, town of incorporated. Columbus, charter of amended. Conyers, water-works and electric lights for. Cordele, charter of amended. Covington, new charter for. Dahlonega, use of streets, etc., by railroad. Dalton, collection of taxes by clerk, etc. Dalton, registration of business in, etc. Dalton, mayor pro tem. , Dawson, charter of amended. Decatur, election and terms mayor and council. Decatur, registration of business in, etc.

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De Soto, sale of liquors in. Douglas, town of incorporated. Elberton, new charter for. Forsyth, business taxes in. Forsyth, corporate limits in. Graysville, charter of amended. Guyton, public schools for. Guyton, qualification of voters in. Hapeville, charter of amended. Haynie, charter of repealed. Hogansville, public schools for. Hogansville, bonds to be issued by. Jakin, town of incorporated. Kingston, charter of amended. Lithonia, Board of Education for. Locust Grove, corporate limits extended. Macon, charter of amended. Macon, cemetery reserve, protection of. Madison, charter of amended. Manchester, name changed, etc. Meigs, charter of amended. Morganton, charter of repealed. Moultrie, city of incorporated. Oxford, public schools for. Pinehurst, town of incorporated. Quitman, election Board of Education. Roberta, sale of liquors in. Rome, bonds to retire bonded debt. Rome, charter of amended. Rome, corporate limits changed. Rome, water commission for. Savannah, fixing title to old cemetery, etc. Savannah, Commissioners of Public Works. Savannah, Fire Commissioners. Savannah, Board Tax-Assessors and Receivers. Savannah, Board Commissioners of Water. Savannah, Park and Tree Commission. Savannah, Board of Police Commissioners. Savannah, condemnations for streets. Savannah, arrests within certain territory. Savannah, grant of certain land in Crawford ward. Savannah, appeals from Police Court abolished. Savannah, Police Court, jurisdiction extended. Savannah, sanitary purposes, jurisdiction for extended. Shellman, charter of amended. Statham, new charter for. Thomasville, bonds to be issued by. Trion, public schools in. Wadley, public schools in. Waynesboro, corporate limits extended. Waynesboro, bonds to be issued by. Young Harris, town of incorporated.

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ABBEVILLE, SYSTEM OF PUBLIC SCHOOLS FOR. No. 45. An Act to establish a system of public schools for the town of Abbeville, to provide for a board of education, to empower the mayor and council of said town to levy and collect a tax for the support and maintenance thereof, and to authorize the county school commissioner of Wilcox county to pay over to said board of education such part of the State school fund as may be the 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 the corporate authorities of the town of Abbeville, having recommended a system of public schools in said town, that from and after the passage of this Act, the mayor and council of Abbeville be empowered and authorized to 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 two years, two for a term of four years, and two for a term of six years, and thereafter their successors shall be elected for a term of six years. All vacancies in said board, from death, resignation, removal from said town, or otherwise, shall be filled by the mayor and council. The members of said board shall continue in office until their successors are elected. Board of education. Election, terms, etc. Vacancies, etc. SEC. II. Be it enacted by authority aforesaid, That the said board of education shall have authority to devise, designate, and adopt a system of public schools in said town; to modify and change the same from time to time; to establish such schools as they may deem proper; to prescribe the curriculum, appoint and employ teachers for said schools, and a superintendent for same, if at any time the same may be deemed necessary in the opinion of said board (a majority of which said board shall constitute a quorum for the transaction of business), [Illegible Text] fix their compensation, to provide school-houses, by rent or otherwise, to make and hold titles to 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 laws of this State, and to do any and all acts promotive of the best educational interests of said town not in conflict with the provisions of this Act or the laws of the State. Powers of board.

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SEC. III. Be it further enacted by authority aforesaid, That the officers of said board shall be a president, secretary, treasurer, and such other officers as the board may deem advisable; all of whom shall be elected by said board, to be taken from their number, except the treasurer and secretary, who may be taken from without if deemed advisable. The treasurer before entering upon his duties shall be required to give bond in good security (to be approved by the president of the board) in such sum as the board may require, payable to the board of education, conditioned for the aithful performance of his duties. The board of education shall serve without compensation, except the treasurer and secretary, who may be allowed reasonable compensation if the board deem it advisable. The officers of the board shall hold their offices during the pleasure of the board. No member of the board shall be eligible to the office of superintendent or to the position of teacher therein. Officers of board. Bond of treasurer. Compensation of board, etc. Terms of officers, etc. SEC. IV. Be it further enacted by authority aforesaid, That the said board of education shall keep regular minutes of its proceedings, to be authenticated by the president and secretary for the time, which shall at all times be open to inspection by the mayor and council or any citizen of said town. The board of education shall furnish the mayor and council, from time to time, an estimate of the funds required for the maintenance of said schools, and shall make a report annually in writing to the mayor and council by the first Monday in August, giving the condition of the schools, the attendance therein, the receipts and expenditures for the school year ending July the 31st, with such other information and recommendations as they may deem proper, which said report shall be published in the town as the mayor and council may direct. Minutes of board. Estimate of funds required. Reports by board. SEC. V. Be it further enacted by authority aforesaid, That the mayor and council of said town be empowered and authorized to levy and collect such tax as will be sufficient, when added to the sums received from the public school fund of the State, to support and maintain said school for at least six scholastic months in each year, and shall collect the same by the first day of January of each year, and pay it over to the board of education. But said tax shall not exceed one-half of one per cent. per annum on all taxable property, and none of said school tax shall be used for any other purpose than in support and maintenance of the public schools; and of the funds thus paid over to the board of education, said board shall make such distributions and divisions between the white and colored children of said town as they shall deem equitable and just. School tax. Distribution among white and colored children. SEC. VI. Be it further enacted by authority aforesaid, That the said board shall be entitled to receive (and it shall be the duty of

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the county school commissioner of Wilcox county to pay over to the said board of education when received) the pro rata share of the State school fund for said county belonging to said town, as based upon the total number of children attending the schools of said town. Pro rata of State school fund. SEC. VII. Be it further enacted by authority aforesaid, That said board of education shall provide separate schools for the white and colored children, which said schools shall be kept open and free for at least six scholastic months in each year. All children in said town between the ages of six and eighteen years of age, whose parents or guardians are bona fide residents of said town, shall be entitled to the benefit of said schools under the regulations as said board may provide. Said board may also provide for the admission of children whose parents or guardians reside out of said town, upon the payment of such rates as the board in its discretion may prescribe. Said board shall provide for the admission of such children who reside out of said town, and also for the admission of such students residing in said town not within the ages of six and eighteen years of age, upon the payment of such tuition as the said board may prescribe. Separate schools for white and colored children. Who entitled to benefits of schools. SEC. VIII. Be it further enacted by authority aforesaid, That nothing herein contained shall in anywise affect the validity of the municipal bonds recently issued for the purpose of erecting two school-houses and sinking an artesian well in said town. This Act not to affect validity of bonds. SEC. IX. 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 3, 1895. ALBANY, CHARTER OF AMENDED. No. 13 An Act to amend the charter of the city of Albany, and the several Acts amendatory thereof, by changing the term of office of mayor from one to two years, and rendering the mayor ineligible for election to a second successive term; changing the term of office of councilmen from one to two years, and prescribing the time, mode and manner of election of councilmen; providing that vacancies in the board of councilmen be filled by an election held by the mayor and remaining councilmen, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State

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of Georgia, and is hereby enacted by the authority of the same, That the charter of the city of Albany, and the several Acts amendatory thereof, be, and the same are, hereby amended so that, beginning with the election for mayor and councilmen of said city to be held on the first Monday in December, 1895, as already prescribed, the term of office of the mayor of said city shall be two years instead of one as heretofore. The mayor so elected shall qualify at the time and in the manner already prescribed, and shall continue in office for the period of two years, or until his successor is elected and qualified, and shall not be eligible for election to a second successive term. A vacancy occurring in the office of mayor shall be filled by an election by the legal voters of said city in the same manner and according to the rules and regulations already prescribed by the charter of said city and the Acts amendatory thereof. Term of office of mayor. Mayor not eligible for second successive term. Vacancy. SEC. II. Be it further enacted by the authority aforesaid, That the term of office of the councilmen of said city shall be two years instead of one as heretofore; but at the first election, to be held on the first Monday in December, 1895, as already prescribed, three councilmen shall be elected for the term of one year, and three for the term of two years. Annually thereafter elections shall be held for three councilmen, to succeed the three retiring members of council. And the members so elected shall hold office for the full term of two years, or until their successors are elected and qualified. Terms of office of councilmen. SEC. III. Be it further enacted by the authority aforesaid, That all elections to fill vacancies in the office of councilmen shall be held by the mayor and remaining members of the council, the mayor voting in such elections only in event of a tie. The councilmen elected to fill such vacancies shall qualify as already provided by the laws governing said city, and shall continue in office during the unexpired term of his predecessor, or until his own successor is elected and qualified. Elections to fill vacancies. SEC. IV. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict herewith be, and the same are, hereby repealed. Approved November 21, 1895.

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ALTO, TOWN OF INCORPORATED. No. 144. An Act to incorporate the town of Alto, in the counties of Banks and Habersham, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That the town of Alto, in the counties of Banks and Habersham, be, and the same is, hereby incorporated as a town under the name and style of the town of Alto. 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 Air-Line Railroad in said town, for police and road duty and road tax purposes, but for purposes of other taxation shall extend only one-quarter of a mile in every direction from said depot. Corporate limits. SEC. III. Be it further enacted, That P. T. Shore be, and he is, hereby appointed mayor, and F. H. Bond, W. H. Shore, M. L. Dillashaw, M. M. Lynch, and B. G. Cook be, and they are, hereby appointed councilmen of said town of Alto, to hold their offices until the first annual election, as hereinafter provided. First mayor and councilmen. SEC. IV. Be it further enacted, That on the second Tuesday in December, 1896, 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 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 is not a resident of 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 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. Terms of office. Qualifications of voters. Conduct of elections, etc. SEC. V. Be it further enacted, That before entering on the discharge of their duties, the mayor and each councilman shall subscribe to the following oath, which may be administered by any person authorized by the laws of this State to administer oaths: I do solemnly swear that I will faithfully discharge all duties devolving on me as mayor (or councilman, as the case may be) of the town of Alto, according to the best of my ability and understanding, so help me, God.' Oath of office.

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SEC. VI. 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 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. VII. Be it further enacted, That the mayor shall be ex officio a justice of the peace, and shall have full authority to issue warrants for any offense committed within the corporate limits of said town, and shall have power to compel the attendance of witnesses, to examine them under oath, to admit any offender to bail, or commit him to jail for violation of the laws of the State, and to admit to bail or commit to the guardhouse for violation of the ordinances of said town. Mayor ex officio justice of the peace. SEC. VIII. Be it further enacted, That said 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 the Constitution and laws of this State, nor of the United States. General powers of mayor and councilmen. SEC. IX. Be it further enacted, That said mayor and councilmen shall have power to levy and collect a tax not exceeding three-tenths of one per cent. upon all the 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 not subject to road duties 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; provided , that the corporate limits shall extend only one-fourth of a mile from the Air-Line depot, for the purpose of raising the said tax of three-tenths of one per cent. Ad volorem tax. Street working. Corporate limits as to ad valorem tax. SEC. X. Be it further enacted, That the said mayor and councilmen shall have exclusive power to regulate the sale of intoxicating liquors in said town, to grant license or withhold them, to fix the fee for same when granted, and to impose penalties upon any person selling liquors in said town without license. Sale of liquors. 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 their own members), shall be the chief executive officer of said town. He shall see that ordinances, by-laws, rules and orders of the council are faithfully executed; he shall have control of police of said town, and may appoint special police whenever he may deem it necessary, and it shall be his duty especially to see

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that the peace and good order of the town are preserved, and that persons and property therein are protected, and to this end he may cause the arrest and detention of all riotous and disorderly persons in said town; he shall have power to issue execution for all fines, penalties and costs imposed by him, or he may require the immediate payment thereof, and in default of immediate payment thereof he may imprison the offender in the guardhouse of said town not exceeding thirty days. Power and duties of mayor. Arrests. Executions. Imprisonment of offenders. 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 in 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 December 16, 1895. ATLANTA, CHARTER AMENDED. No. 116. An Act to amend the charter of the city of Atlanta, approved on the 28th day of February, 1874, and the various Acts amendatory thereof. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That the corporate limits of the city of Atlanta are hereby extended for all purposes and jurisdiction of said city over and to embrace all the territory lying within the following boundary lines, to wit: Beginning at the intersection of the present city limits and the Georgia Railroad track and running thence northeasterly along said track of said Georgia [Illegible Text] to the dividing line between Fulton county and DeKalb county; thence running north along said dividing line between said counties to the intersection of said dividing line with the northeasterly line of Augusta avenue, projected to intersect said county dividing line; thence along said northeasterly line of said Augusta avenue in a northwesterly direction to the intersection of the northwesterly line of Highland avenue and said northeasterly line of said Augusta avenue projected; thence southwesterly along said northwesterly line of said Highland avenue to its intersection with the present city limits;

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thence along the line of the present city limits of the city of Atlanta to the point of beginning. The territory above described shall be and constitute a part of the fourth ward of said city of Atlanta immediately after the passage of this Act. Corporate limits extended. SEC. II. Be it further enacted by the authority aforesaid, That it shall be unlawful for any person holding a position of emolument appointed by the President of the United States, or by the Governor of the State of Georgia, or election by the people, after the first day of January, 1896, to occupy or hold the position of mayor, alderman, or councilman of the city of Atlanta, or any other office of emolument in said city government, whether said office be by election or appointment, during the time he holds said Federal, State, or county office, and that neither the mayor, aldermen, nor councilmen, nor any other officer of said city who, by virtue of election by the people or appointment by the mayor or mayor and general council, or general council, or by its authority, holds such office after the first day of January, 1896, shall be eligible to hold any other office of trust, honor, or emolument in said city government, nor shall they or any person be eligible to membership on more than one of the boards,such as the board of police commissioners, water commissioners, or any other board of said city at the same time; nor shall any member of the general council be a member of any board under said city government, except as is already provided for in the charter of said city, and that the acceptance by the mayor or any member of the general council of the city of Atlanta, or any other officer of said city government, after the first day of January, 1896, of any position of trust, honor, or emolument in the Federal, State, or county government, as enumerated in this section of this Act, shall immediately create a vacancy in the office he holds in said city government, whether held by election or appointment, which vacancy shall be filled as provided by law; and that any person holding any position in the city government of Atlanta, either by election or appointment, who shall accept any other position in said city government, which is filled by election or appointment, shall forfeit the office he holds at the time of acceptance of said other office, the true intent and meaning of this section of this Act being to prohibit any person from holding more than one office at the same time under said city government, or holding any office under said city government while holding any other office under the United States, State, county, or city governments; but this Act shall not apply to cases heretofore provided for in the charter of the city, and the passage of this Act shall not be construed so as to effect

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the title of the mayor or any member of the general council now holding office as to any other office or position on any of the boards now held by him, nor that of any member of the board now in office; provided , that the trustees of the Grady Hospital are not included in the provisions of this Act. Persons holding certain positions under United States or State of Georgia. May not hold city office. City officer may not hold more than one city office. Nor be member of more than one board. Member of council may not be member of board, except as already provided. Acceptance by city officer of Federal or State position. Created vacancy. City officer accept any other city position. Forfeits his office. True meaning of this Act. Not applicable to cases heretofore provided for in charter. Not applicable to trustees Grady Hospital. SEC. III. Be it further enacted by the authority aforesaid, That section 155 of the charter of the city of Atlanta is hereby so amended as to provide that the clerk of council shall issue executions for general taxes due the city of Atlanta on the 21st day of September of each year, except when that day falls on Sunday, in which case such executions shall be issued on the 22d day of September of each year, and also to authorize and require said clerk of council to issue and the marshal to levy tax executions before the 21st of September in any year against any person, firm or corporation whose circumstances are reported by the tax-assessors and receivers to be such that the taxes due the city or any part thereof are likely to be lost unless execution is immediately issued. Sec. 155 of charter amended. Issuance of executions for general taxes. Levy of, in certain cases. SEC. IV. Be it further enacted by the authority aforesaid, That after the expiration of the terms of those already elected the pay and compensation of the members of the general council of said city shall be three hundred dollars each per annum, and that the members of all boards of the city authorized by the charter of the city, hereafter to be elected by said mayor and general council, shall serve on said boards without any salary or emoluments whatever. Compensation of members of council. Members of boards to serve without pay. SEC. V. Be it further enacted, That there shall be elected by the new council to be sworn in and organized on the first meeting thereof in January, 1896, an additional member of the board of police commissioners, whose term shall expire on the first regular meeting in March, 1899, and his successor shall be elected thereafter for a term of three years, as other members of said board are elected, as now prescribed by charter. Additional police commissioner. SEC. VI. Be it further enacted, That no councilman shall be eligible to be elected to the office of alderman during the same year in which he is serving in the general council, and no alderman shall be eligible to be elected to the office of councilman during the year in which he is serving on the general council; the intent and meaning of this section being, that while serving either as councilman or alderman a member shall not be eligible to be elected to the other body respectively. Councilman may not be elected alderman during his term, and vice versa. SEC. VII. Be it further enacted by the authority aforesaid, That the charter of the city of Atlanta, and the various Acts amendatory thereof, be, and the same are, hereby further amended so as to

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authorize the mayor and general council of the city of Atlanta, in their discretion, to purchase the property known as Piedmont Park for park purposes at a price not exceeding one hundred and sixty thousand ($160,000) dollars, and to pay for the same in such annual installments and through such a number of years as may be deemed best by said mayor and general council. Purchase of Piedmont Park. Price, etc. SEC. VIII. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 13, 1895. AUGUSTA, AUTHORIZED TO EXTEND, ETC., DITCH BEYOND CITY LIMITS. No. 104. An Act to authorize the city council of Augusta to enlarge, open, and construct a canal or ditch beyond the limits of said city, commencing at any point on the southern or southeastern boundary of the city of Augusta to any point on Rocky Creek or the Savannah river in the county of Richmond for drainage purposes, and to authorize and empower the city council of Augusta to condemn private property for the purpose of constructing, enlarging, or opening such ditch or canal. SECTION I. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That the city council of Augusta be, and it is, hereby authorized to enlarge and open the ditch known as the Beaver Dam ditch and extend the same from the southern or southeastern boundary of the city of Augusta to any point on Rocky creek or the Savannah river in the county of Richmond, State of Georgia, or to open and construct a canal or ditch beyond the limits of said city, from its southern or southeastern boundary to any point on Rocky creek on the Savannah river in said county, for drainage purposes. Authority to open, etc., Beaver Dam ditch. SEC. II. Be it further enacted by the authority aforesaid, That said city council of Augusta is hereby authorized and empowered to condemn and take any private property that may be necessary for the purpose of enlarging, opening, or constructing such canal or ditch as is provided for in the first section of this Act; provided , however, that such condemnation or taking of private property for the purpose aforesaid shall be done in pursuance to an Act of the General Assembly of Georgia, approved December 18th, 1894,

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entitled An Act to provide a uniform method of exercising the right of condemning, taking, or damaging private property. Condemnation of property for. Under Act of Dec. 18, 1894. SEC. III. Be it further enacted by the authority aforesaid, That the city council of Augusta be, and it is, hereby authorized to make all rules and regulations which it may deem necessary as to the maintenance, use, and occupation of said canal or ditch, and shall have police authority upon and around said ditch or canal and its gates and other appurtenances; any person or persons maliciously injuring or interfering with said ditch or canal or any of its appurtenances shall be guilty of a misdemeanor, and upon conviction in any court having jurisdiction thereof shall be punished as prescribed in section 4310 of the Code of Georgia of 1882. Rules as to maintenance, etc., of ditch. Police authority over. Penalty for [Illegible Text] with. 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 13, 1895. AUGUSTA, INCREASE OF WATER SUPPLY, ETC. No. 24. An Act to authorize the city council of Augusta to increase its water supply by constructing water-works beyond the corporate limits of the city of Augusta; to purchase and hold property for such purposes; to lay water mains and exercise the right of eminent domain beyond the corporate limits of said city; to contract with persons or corporations for using water beyond the city limits; to ratify the purchase of land already made beyond the corporate limits 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 authority of the same, That the city council of Augusta be, and it is, hereby authorized to construct, own, maintain, and operate, for the benefit of said city and its inhabitants, water-works and water appliances, to be located at any point to be selected by the mayor and city council of Augusta beyond its corporate limits, and for said purpose is authorized to purchase and hold all lands necessary for the location of its basins, its pumping stations, reservoirs, rights of way for its water mains, and such other property, real or personal, as may be necessary or useful in the establishment and maintenance thereof. Water-works, etc., may be located beyond city limits. Purchase of land necessary, etc.

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SEC. II. Be it further enacted by the authority aforesaid, That said city council of Augusta is authorized to lay its water mains and supply pipes over, under, or across any property, public or private, and also to lay the same on and along, under or across any of the public roads in the county of Richmond, or any of the streets in the village of Summerville, and under the right of way of any and all railroads; provided , that in laying said water mains and supply pipes along or through any of the public roads or any of the streets of the village of Summerville, said city council of Augusta shall comply with such reasonable regulations as may be prescribed by the commissioners of the village of Summerville and by the authorities in the control of the public roads in the county of Richmond, and shall hold said village of Summerville and said county of Richmond harmless against the claim or claims of any persons for damages incurred by reason of the laying of said mains and pipes in said streets and roads. Laying of mains and pipes through property of others. Across or along roads. Proviso as to roads, or streets of Summerville. SEC. III. Be it further enacted by the authority aforesaid, That should said city council be unable to agree with the owner or owners of any private property to be occupied by its water mains, or with the owners of any public property as to price to be fixed for the use of said property by said water mains and supply pipes, or for the use of any property upon which its pumping stations or other necessary appliances are to be located, then and in that event the said city council of Augusta may take or damage any property necessary for the purposes aforesaid, upon condemning it in the manner provided by the general laws of the State in reference to the method of exercising the right of condemning, taking, or damaging private property. Method of condemning property. SEC. IV. Be it further enacted by the authority aforesaid, That the city council of Augusta shall have full power to contract with any and all persons, including any incorporated town or village, for the use of water from said water mains beyond the corporate limits of Augusta, and for this purpose the city council of Augusta shall have full power and authority to make all rules and regulations which it may deem necessary in connection with the tapping of its mains and the use of the water, and for the price of all water used the said city council of Augusta shall have a lien upon the property upon which the water may be used, said lien to be of the same dignity as the tax liens of said city council, and may be enforced by execution to be issued by the treasurer of the city council of Augusta against the property upon which the water may be used. Contracts for use of water. Rules as to tapping mains, etc. Lien for water supply. SEC. V. Be it further enacted by the authority aforesaid, That the city council of Augusta shall have police authority upon and

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around any and all property occupied by its basins, reservoirs, and pumping-stations; any person or persons maliciously injuring or interfering with said reservoirs, basins, pumping-stations, or water mains shall be guilty of a misdemeanor, and upon conviction shall be punished as prescribed in section 4310 of the Code of Georgia of 1882. Police power over reservoirs, etc. Penalty for interference. SEC. VI. Be it further enacted, That the purchase by the city council of Augusta, on October 18, 1894, of sixty-six acres of land lying west of the United States Arsenal in the county of Richmond from George W. Reab, trustee, the same being beyond the corporate limits of the city of Augusta, be, and the same is, hereby ratified and confirmed. Certain purchase by city confirmed. SEC. VII. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved November 29, 1895. BATTLE HILL, TOWN OF INCORPORATED. No. 172. An Act to incorporate the town of Battle Hill, in the county of Fulton, and provide a government therefor. 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 inhabitants of the territory hereinafter designated are hereby constituted a corporation and body corporate under the name and style of the town of Battle Hill, 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 make, from time to time, such by-laws, ordinances, rules, and regulations as may seem proper for the good government of said town of Battle Hill and the inhabitants thereof, to the preservation of health, business, and good order of the same; 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 property, real and personal, shall have power to receive by gift, purchase, or otherwise real and personal property within and without the corporate limits of said town; shall have the power to use, improve, manage, sell, convey, rent, or lease, and have like

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power over all property that may be hereafter acquired by said town of Battle Hill. Corporate name and general powers. SEC. II. Be it further enacted, That the corporate limits of said town shall be as follows: Commencing at the four-mile post on Green's Ferry avenue, running thence westerly along the south side of said avenue twenty-two hundred feet, thence due north fifty-six hundred feet, thence due east 6796 feet and parallel with the land lot line between land lots one hundred and forty-seven and one hundred and forty-eight, thence due south fifty-six hundred and seventy-eight feet to the south side of Green's Ferry avenue, thence westerly along the south side of said avenue forty-six hundred and one feet to the four-mile post. Corporate limits. SEC. III. Be it further enacted, That the legislative department of said town shall consist of a mayor and five councilmen, who shall constitute a body corporate under the name and style of the Mayor and Council of the Town of Battle Hill, and by such name shall have appropriate succession; shall have and use a common seal, and be able in law and equity to purchase, convey, receive, hold, possess, enjoy, and use any property, real or personal, for the use and benefit of the town of Battle Hill; said town of Battle Hill shall have the power to sue and be sued, plead and be impleaded in all the courts of this State. Mayor and councilmen a corporation. Corporate name and general powers. SEC. IV. Be it further enacted, That the first election of mayor and five councilmen shall be held from and after the passage of this Act at such times and places within the corporate limits of said town as may be designated and described by any five or more freeholders, citizens, and residents within said corporate limits, who shall advertise the same by written or printed notice 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 advertisement, three managers of said election who shall be residents of said corporation, and said managers before entering on their duties shall take an oath before any justice of the peace in said county that he will faithfully and impartially conduct said election, prevent all illegal voting to the best of their ability and power; that all male citizens of said territory qualified to vote for members of the General Assembly, who shall have paid all taxes required by said town during their residence therein, and who shall have actually resided in said town continuously for at least three months, and who shall have complied with all the requirements of said town as to their qualification as voters, shall be held and deemed to be the electors and duly entitled to vote for said mayor and councilmen; that any elector may challenge any voter offering to vote at

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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 male citizen of the State of Georgia, have resided in said State one year and in said county six months next preceding this election; that I have paid all taxes required of me since the adoption of the present Constitution; that I have resided for the last thirty days in the town of Battle Hill; that I have paid all taxes legally imposed and demanded of me by said town of Battle Hill, and that I have done all work required of me on the streets of the town of Battle Hill (or paid taxes in lieu thereof); that I have committed no crime which would disqualify me as an elector under the laws of this State, 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 State and county elections. First municipal election. Notice of, etc. Oath of managers. Qualifications of voters. Challenges. Illegal voting. SEC. V. Be it further enacted, That the person who shall receive the highest number of votes at said election (provided that they are twenty-one years of age and reside within said corporation) shall be declared duly elected by the managers of said election, and shall be inaugurated and take upon themselves the following oath: I,..., do solemnly swear that I will well and truly perform the duties of mayor (or member of council) of the town of Battle Hill by adopting such measures as, in my judgment, will best promote the general welfare of the town of Battle Hill and the inhabitants thereof, so help me, God, and shall at once enter upon the duties of their respective offices. Oath of office, etc. SEC. VI. Be it further enacted, That such mayor and council shall hold their offices until the first annual election thereafter, and until their successors are elected and qualified. That the first annual election thereafter shall be held on the first Tuesday in December, 1897, and on the same day every two years thereafter; that the officers then elected shall enter upon their duties at the first regular meeting of the mayor and council the January of the following year; that said mayor and council shall designate a place of holding said election and shall appoint three freeholders as managers, residents of said town; that the advertisement of the place for holding said election, the names of the managers, the qualifications of the managers, their powers and duties, who shall be held and deemed electors, mode of challenge, together with rules and regulations provided in section 4th of this Act 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

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and declare who are elected and cause two certified copies of the tally sheet 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 at the first meeting of the council in the January thereafter, and such persons shall take and prescribe before the outgoing mayor, or any judicial officer authorized by the State to administer oaths, the oaths hereinbefore prescribed for the mayor and councilmen, and shall upon the same day enter upon the discharge of the duties of their respective offices. Annual elections. Conduct of, etc. Oath of office, 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. In case of any vacancy among the members of the council, either by death, resignation, failure to elect, removal from office, or removal from town, the mayor shall advertise a new election to fill said vacancy; or in case of the death of the mayor, his resignation or removal from office, or removal from town, the council shall order an election to fill the vacancy, in each case to give ten days' notice, as prescribed for a new annual election, and said election shall take place in every respect as a regular election. Mayor pro tem. Vacancies in office. SEC. VIII. Be it further enacted, That in case the mayor or any member of council, while in office, shall be guilty of any willful neglect of duty, malpractice, or abuse of power confided to him, he shall be subject to impeachment and removal from office by the mayor and council of said town of Battle Hill. Malpractice, etc. SEC. IX. Be it further enacted, That the mayor shall have supervision and control of the town, its officers, and its affairs, and he shall be held responsible for the good management, as well as the financial working, of the government of the town when not overruled in his actions by a majority of the councilmen. Said mayor shall have the right to pardon all offenders against the laws of said town. In all cases where a difference of opinion exists among the members of the council upon any question of ordinary business, or any appointment or election of officers, the majority vote shall rule, and in case of a tie the mayor shall give the casting vote. Neither the mayor nor any member of the council shall be directly interested in any contract to be passed, or appointment to be made with, or derived from the board, which shall have annexed to it any pecuniary advantage or emolument, except by the unanimous consent of the mayor and council. The mayor and councilmen shall hold regular meetings at such time as they may designate, and the

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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 begun. The mayor shall have the right to veto all ordinances, and such veto shall kill all such ordinances unless passed by a two-thirds vote over such veto. Duties and powers of mayor. Town officers may not be interested in any municipal contract, except by consent. Council meetings. Veto. SEC. X. Be it further enacted, That the mayor and council first elected, and the mayor and council annually elected thereafter, may, at their option, at their first regular meeting after their qualification and inauguration, elect a marshal and deputy-marshal of said town, to serve for and during the time for which said mayor and council are elected, unless sooner removed by said mayor and council, the removal of said marshal and deputy-marshal being at the will of the mayor and council; and when any removal is made said council may at any time make a new appointment to fill the vacancy. Subordinate [Illegible Text]. SEC. XI. 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 mayor to employ such police force, and the mayor and council shall pay such force such per diem as they may think right and proper. Police force. SEC. XII. Be it further enacted, That the marshal, deputy-marshal, and policemen, on entering upon the discharge of their respective duties, shall take oath to faithfully discharge their respective duties, and also to enforce the provisions of this charter if 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 police officers. SEC. XIII. Be it further enacted, That said mayor and council shall elect a clerk, who shall take oath, before entering upon his duties, to faithfully discharge all duties required of him, keep a complete minute of all regular meetings and called sessions of council, to issue all license granted by the council, and to act as tax-collector and receiver when required so to do by the 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 to be subject to removal, as provided in the case of the marshal. Clerk. SEC. XIV. Be it further enacted, That at the same time the mayor and council shall elect a treasurer, such officer to serve for the same time the council are elected for; provided, however , that he shall be subject to removal as provided in the case of marshals. Treasurer. SEC. XV. Be it further enacted, That the council may, if they so desire, elect a tax-collector, whose duty it shall be to collect all

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taxes, under the direction of the mayor and council; but the mayor and council may, if they see fit, fail to elect such officer, and may direct that the clerk of council perform all the duties of the tax-collector. Tax-Collector. SEC. XVI. 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 said bonds are violated, and the town of Battle Hill or any individual damaged by such violation, the party damaged may sue upon said bond or bonds in any court having jurisdiction of said cause, in the name of the mayor and council of the town of Battle Hill, for the use of the party damaged. Bonds and oaths of town officers. SEC. XVII. Be it further enacted, That the treasurer's duty shall be to receive all moneys paid him from any source due the town of Battle Hill, and to pay the same out only on claims that have been examined and audited by the mayor and council and certified by the mayor as valid claims. When claims have been thus certified and audited, the mayor shall draw his warrant on the treasurer for the amount, but the warrant shall be signed by the mayor, and his signature verifying the bill of the clerk of council under their corporate seal. Duty of treasurer. Mayor's warrants. SEC. XVIII. Be it further enacted, That the treasurer shall keep a book, in which he shall keep a correct entry of all receipts and entries of all amounts paid out, giving the name of the party to whom paid, amount, date, etc.; and shall also keep all warrants on him by the mayor, and shall at any time make a report to the council when they call for it, showing the exact financial status of the town. Book to be kept by treasurer. SEC. XIX. Be it further enacted, That the mayor and council may, if they so elect, appoint annually three assessors, whose duty it shall be to faithfully and impartially discharge the duties of their office, and assess, at the market value, all real estate in said town subject to taxation under the laws of this State; and in case the owner is dissatisfied with the value set upon his property by the assessors, shall appeal to the council, and the decision shall be final. Said mayor and council may, if they so elect, direct that their clerk of council perform all the duties of assessors, his decision being subject to appeal as in the case of assessors; provided , no property shall be assessed at a larger value than it is accepted by the State and county for the given year. Tax-assessors. SEC. XX. Be it further enacted, That said mayor and council may, if they so elect, appoint a tax-receiver, whose duty it shall be to make and receive returns of the taxes on all property whatever that may be taxed in said town. He shall be authorized to administer

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such oaths to taxpayers as may be prescribed by the mayor and council, but all the duties of the tax-receiver may be performed by the clerk of the council, if the mayor and council so elect. Tax-receiver. SEC. XXI. Be it further enacted, That the mayor and council shall elect, at their first regular meeting after their qualification and inauguration, a recorder, whose term of office shall be two years, unless sooner removed by the council, whose duty it shall be to hold the mayor's court of said town for the purpose of trying all offenders against the laws and ordinances of said town. Said recorder shall receive as compensation for his services such costs as may be provided by law, and such other and further compensation as may be fixed by the mayor and council. Recorder. SEC. XXII. Be it further enacted, That the mayor and council may, in their discretion, consolidate any two or more of the offices for which there is an appointment or an election, and the duties of such offices shall be performed by one individual. Consolidation of town offices. SEC. XXIII. Be it further enacted, That the mayor and council may elect an attorney at law to represent the town in any and all matters where, in their judgment, legal aid is required, and to pay said attorney such 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. XXIV. Be it further enacted, That said mayor and council shall have power and authority to levy and collect taxes on all property, real and personal, of the inhabitants of said town, and upon banking and insurance and other capital employed therein, and upon salaries and other callings derived from property within said town; provided , that any tax upon real or personal property shall not exceed 50 per cent. of the sum of the State and county taxes for the year in which said tax is levied and collected. They shall have power to levy and collect taxes upon factors, brokers, agents, or managers of gift enterprises, shows of all sorts, and upon all persons exercising in the town any profession, trade, or calling, or any business of any nature whatever; provided , such acts are not in conflict with any Act of this State of force. Taxation. Amount of ad valorem tax. Specific taxes. SEC. XXV. Be it further enacted, That the mayor and council have power to buy and improve property for educational purposes, and to establish and maintain public schools; provided , that any debt which may be created for said purpose shall not be in violation of the Constitution of this State, but if created, shall be on and after election, as therein provided. Schools. SEC. XXVI. Be it further enacted, That the mayor and council shall not have authority to license the manufacture of spirituous

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and malt liquors, and shall grant license to no person to sell at wholesale or retail, in any manner whatever, spirituous and malt liquors in said town, and any person wholesaling or retailing such liquors in violation of this section shall be subject to punishment, on conviction before the recorder, and fined not exceeding $100.00, or imprisonment not exceeding twelve months, or work on the streets not exceeding twelve months, and the recorder may, in his discretion, impose each one or all three of these punishments for any one offense, or he may punish in the alternative. Sale of liquors forbidden. Penalty. SEC. XXVII. Be it further enacted, That said mayor and council shall have authority to forbid the erection of slaughter-houses within the corporate limits of said town, and shall have the right to abate all nuisances within said corporate limits, and shall regulate the keeping and running at large of the stock therein, and shall have the right to forbid the running at large of stock in said corporate limits, if they so elect, and shall have the power to regulate the sale of fresh meat and vegetables and other products offered at public sale. Slaughter houses forbidden. Nuisances. Stock running at large. Sale of meats, etc. SEC. XXVIII. 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 agent or owner 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 county commissioners, except that the mayor of said town shall act in the place of the ordinary, and the marshal shall act in the place of the sheriff, and no publication of any notice in a newspaper may be necessary. Streets. SEC. XXIX. 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 smithshops, or any stove, stovepipe, furnace, 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 mayor and council for their action, from time to time, as required. Lances, alleys, etc. Removal of nuisances, etc.

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SEC. XXX. Be it further enacted, That in all encroachments upon streets, lanes, or alleys in said town, the said mayor and council shall have power to remove the same, upon five days' 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 thereby has been first obtained. Encroachments upon streets, etc. SEC. XXXI. 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 the street-crossings, sidewalks, and pavements shall be constructed, paved, or improved; and if any 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 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 owners 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. Street-crossings, sidewalks, etc. SEC. XXXII. Be it further enacted, That said mayor and council shall have power to cause the owners of lots to drain the same, if unhealthy, and all cellars thereon; and when any property-holder or his agent shall be required to drain any lot or cellar, and the owner or agent refuses to drain said lot or cellar for as much as two 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 and cellars. SEC. XXXIII. Be it further enacted, That the mayor and council shall have power to require from any male inhabitant of said town, who has resided in said town ten days and who is subject to road duty in this State, to work the streets of said town for such time as the mayor may prescribe, or pay a commutation tax of two dollars and fifty cents, to be paid by such person in lieu of street work. And the said mayor and council shall have the power to enforce this ordinance of said town by fine, imprisonment, or work on the streets, and in the town chain-gang; fine not to exceed one hundred dollars, and imprisonment not to exceed thirty days, and work on the street or in the chain-gang not to exceed

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sixty days. Either or all of said punishment shall be inflicted by the recorder or acting recorder of said town, when any person, subject to street tax, fails or refuses to work the streets after being duly warned to do so by the marshal or to pay the commutation tax. Street working SEC. XXXIV. Be it further enacted, That said mayor and council are hereby vested with full and complete 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 council, as well as the recorder to be appointed as aforesaid, shall be ex officio justices of the peace, so far as to enable them to issue warrants for offenses committed within the town of Battle Hill, and to examine into the offenses, and discharge or commit the offender to jail or bail them, if the offense is bailable, to appear before the superior court of Fulton county or the city court of Atlanta. By-laws, ordinances, etc. Mayor, councilmen and recorder ex officio justices of the peace. SEC. XXXV. Be it further enacted, That said recorder, to be appointed as aforesaid, and in his absence the mayor or any member of council, may hold court in said town as often as may be required to try offenders or clear the guardhouse. He shall have cognizance of all offenses against this charter, and the ordinances passed and established thereunder, and may punish for a violation of the same by fine not exceeding one hundred dollars, imprisonment not exceeding thirty days, or work in the chain-gang of said town not exceeding sixty days, and that any one or all of these punishments may be ordered in the discretion of said recorder or acting recorder; and, when sitting as a court, such recorder or acting recorder may, in cases of contempt, punish the offender by fine not exceeding ten dollars or imprisonment not exceeding five days, and said recorder or acting recorder may sentence in the alternative, may fine so much, or in lieu thereof may punish by imprisonment or work so many days. Recorder's court. Penalties. Contempts. SEC. XXXVI. Be it further enacted, That said mayor and council may institute by-laws and ordinances against gaming, and against lottery and all games of chance worked or played by whatever device, and the punishment under such ordinances shall in no way affect the punishment provided by law in State courts, but the recorder or acting recorder may punish them for the violation of the town ordinances, and bind them over to the city court of Atlanta. Gaming, lotteries, etc. SEC. XXXVII. Be it further enacted, That the clerk of the town council of Battle Hill shall issue fi. fas. against all persons

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who fail to pay their taxes within the time prescribed by the mayor and council, and for all amounts due the town of Battle Hill, and the cost 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 such fi. fas. are issued, and after advertising said property for ten days if personal property, he shall sell said property before the door of the council chamber, between the hours of 10 A. M. and 4 P. M., and if land, he shall levy and return to the sheriff of Fulton county, and the same shall be advertised and sold under the same rules which govern the sale of such property when sold under justice court fi. fas. Executions for amounts due the town. Levy, advertisement and sale. SEC. XXXVIII. Be it further enacted, That in case any one is found guilty of violating any of the ordinances of said town of Battle Hill, that in addition to the fine or imprisonment or work imposed, there shall be added the sum of one dollar and seventy-five cents, one dollar of which shall be payable to the recorder and twenty-five cents to the marshal of said town. Costs SEC. XXXIX. Be it further enacted, That there shall be a lien on all real and personal property in said town for all taxes assessed against the owners thereof and for all penalties or fines imposed upon such owners, from the time such tax is assessed or fines or penalties imposed, superior to all liens against the same, except liens for State and county taxes. Lien [Illegible Text] amounts due the town. SEC. XL. Be it further enacted, That the said mayor and council shall take up and impound all hogs, horses, and cattle running at large in said town, and make all ordinances which may be deemed necessary for the regulation and control of said animals, and shall have the power to levy a tax on each dog in said town, not to exceed one dollar per year. Impounding of stock, etc SEC. XLI. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 16, 1895. BOSTON, CHARTER OF AMENDED. No. 35. An Act to amend the charter of the town of Boston, so as to change the qualification of voters; the change to restrict the privilege of voting to the residents of said town. SECTION I. Be it enacted by the General Assembly of the

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State of Georgia, That from and after the passage of this Act, that section 2 of the amendment to the charter of the town of Boston, approved November 25th, 1893, be, and the same is, hereby amended by striking out all of said section after the word commissioners, in the seventh line, and inserting in lieu thereof the following: And all persons entitled to vote for members of the General Assembly, who may have resided within the limits of said town of Boston during thirty days preceding the election, shall be qualified voters at said municipal election, so that said section, when so amended, shall read as follows: That from and after the passage of this Act the government of said town of Boston shall vest in a mayor and four aldermen who shall be elected on the second Monday in January of each year, at a municipal election to be held under the rules and regulations prescribed in section 1 of said Act of October 24th, 1870, for the election of commissioners. And all persons entitled to vote for members of the General Assembly, who may have resided within the limits of said town of Boston during thirty days preceding the election, shall be qualified voters at said municipal election. Sec. 2 of Act of Nov. 25, 1893, amended. Qualifications of voters. Section as amended. SEC. II. Be it further enacted, That all laws and parts of laws conflicting with this Act be, and the same are, hereby repealed. Approved November 30, 1895. BOWMAN, BONDS FOR PUBLIC SCHOOLS. No. 63. An Act to authorize the town council of Bowman, Georgia, to issue bonds to be used and disposed of in the discretion of said council, for the purpose of securing free tuition to all of the children of school age within said town, by making appropriate and binding contracts with the trustees of the John Gibson Institute, or any other educational institution or institution, now established or which may hereafter be established in said town, to provide for the payment of said bonds by taxation, and to submit to the qualified voters of said town the question of issuing such bonds for the purpose aforesaid, and for other purposes. SECTION I. Be it enacted by the General Assembly of Georgia, That the town council of Bowman be, and the same is, hereby

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authorized to issue bonds of said town not to exceed in the aggregate seven thousand dollars, of the denomination of one hundred dollars each, to become due and payable at such time or times within thirty years after the issue thereof, as may be determined by said town council, and to bear interest not to exceed eight per cent. per annum; provided , that the sum for which bonds are to be issued shall not exceed seven per centum of the assessed value of all taxable property in said town of Bowman. Amount of bonds. Maturity. Rate of interest, etc. SEC. II. Be it further enacted by the authority aforesaid, That said town council of Bowman shall assess and levy and collect annually a sufficient tax upon the taxable property within the corporate limits of said town of Bowman to pay said bonds, principal and interest as they shall become due, the interest on said bonds to paid semi-annually. Tax to pay principal and interest. SEC. III. Be it further enacted, That said bonds shall be signed by the mayor and a majority of the town council of said town, and sold in such manner as said town council may determine for the best interest of said town. Signature and sale of bonds. SEC. IV. Be it further enacted by the authority aforesaid, That when said bonds shall have been sold, said town council shall turn over to the properly constituted authority of any school for whites that is now in said town, or that shall hereafter be organized, as said town council may select, such pro rata of the funds arising from sale of said bonds as may be based upon the taxable property of the white persons of said town, the same to be as said town council may determine; provided , that no part thereof shall be expended in any other manner than for the purpose of providing free tuition for all white children of public school age, bona fide residents in said town, and that said town council shall, in like manner, turn over to the properly constituted authorities of any school for colored children in said town, now in existence or that shall hereafter be organized, as said town council shall select, such pro rata of the said fund as may be based upon the taxable property of the colored persons of said town, for similar purposes. Disposition of proceeds of bonds. SEC. V. Be it further enacted, That the town council of Bowman shall annually cause a census to be taken of the children, white and colored (taken separately), bona fide residents in said town entitled to receive the public school fund; shall furnish the same to the board of education of Elbert county, and that said board of education shall turn over to the schools for the

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white and colored, respectively, selected by said town council, the amount of public school funds to which said school-children shall be entitled, said sum to be annually applied to the payment of tuition of said children; this fund and the amount paid by the town council of Bowman from the sale of said bonds, to provide free tuition to all school-children of public school age, bona fide residents in said town; said sum to be used under the same restrictions and for the same purposes only as is herein provided for the sum set apart for the whites; provided further , that said town council shall turn over the entire proceeds of said bonds as herein provided, without charging any commission for handling the same. Census of children of school age, etc. Free tuition. No commission for handling proceeds of bonds. SEC. VI. Be it further enacted by the authority aforesaid, That the foregoing bill shall not take effect until the same shall have been submitted to the vote of the qualified voters of said town of Bowman, and approved by a two-thirds vote of persons qualified to vote at such election, which election shall be held under an order of said town council, shall be advertised for thirty days at three or more places in said town, and published in the newspaper in said county in which sheriff's advertising is done, for thirty days. Election as to adoption of this Act. Regulations for. SEC. VII. Be it further enacted by the authority aforesaid, That none of the provisions of this bill shall apply to or be of benefit to any school-children of said town, unless such child or children have been bona fide residents of said town for a term of three months prior to the matriculation of said child. Who entitled to benefits of school fund. SEC. VIII. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 9, 1895. BRASWELL, TOWN OF INCORPORATED. No. 102. An Act to incorporate the town of Braswell, in the county of Paulding, to define the corporate limits of said town, to provide for the election of a mayor and aldermen for the government thereof, and for other purposes. SECTION I. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act the town of Braswell, in the

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county of Paulding, shall be a corporate town, the corporate limits of which shall extend one half mile in every direction from the depot of the Southern Railway. The corporate powers of said town shall be vested in a mayor and five aldermen, to be elected annually on the third Tuesday in each and every year by the legally qualified voters of the county resident in said town. Said election shall be held in the same manner and under the same rules and regulations as elections for members of the General Assembly are held, except that only two tally sheets and two lists of voters shall be necessary at said election. Corporate limits. Election for mayor and aldermen. SEC. II. Be it further enacted by the authority aforesaid, That said mayor and aldermen shall take the oath of office within ten days from the date of said election at the council chamber in said town before any officer authorized to administer oaths, and shall at their first meeting, or as soon thereafter as practicable, elect a clerk, a treasurer, a marshal, and such other officers as may be necessary, and fix their compensation, the amount of their bonds, and prescribe their powers and duties. Oath of office. Subordinate officers. SEC. III. Be it further enacted by the authority aforesaid, That the said mayor and aldermen of said town of Braswell shall have all the powers and privileges and authorities given in section 774 to 797(b) of the Code of Georgia, 1882, except as herein changed and modified and except that said mayor and aldermen shall have no power or authority to grant any license to sell spirituous, malt, vinous, or intoxicating liquors of any kind in said corporate limits. General powers of mayor and aldermen. Sale of liquors forbidden. 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 13, 1895.

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BRUTON, NAME CHANGED, ETC. No. 165. An Act to revise the charter of the town of Bruton (viz.), to change the name from Bruton to Brewton, and to change the center of said town from the Wrightsville and Tennille depot to a point near the academy in said town, 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 charter of the town of Bruton, in Laurens county, Georgia, be revised so as to change the name of said town from Bruton to Brewton. Name changed to Brewton. SEC. II. Be it further enacted by authority aforesaid, That the center of the said town of Brewton be changed or removed from the Wrightsville and Tennille depot to John Jackson's grave, fifty yards south of the academy in said town. Change of center of town. 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, 1895. CAIRO, CHARTER OF AMENDED. No. 92. An Act to amend the Act incorporating the town of Cairo, in the county of Thomas, approved October 28, 1870, and the several Acts amendatory thereof, so as to prohibit the mayor and council from selling, or granting license to sell intoxicating liquors in said town, except upon the written petition of two-thirds of the resident freeholders of 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 incorporating the town of Cairo, in Thomas county, approved October 28, 1870, and the several Acts amendatory thereof be, and the same are, hereby amended by striking out all of said Acts relating to the manner in which license for the sale of intoxicating liquors shall be granted by said town, and substituting therefor the following: That no license shall be granted by the authorities of said town unless the application therefor shall be accompanied

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by the written petition of two-thirds of the resident freeholders of said town. Condition upon which liquor license may be granted. 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 13, 1895. CALHOUN, NEW CHARTER FOR. No. 99. An Act to establish a new charter for the town of Calhoun, in the county of Gordon, to grant certain privileges to said town, to repeal all prior Acts amendatory thereof, to define the limits of the same, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act, the municipal government of the town of Calhoun in the county of Gordon, in this State, shall be vested in a mayor and four aldermen, who are hereby constituted a body politic and corporate under the name and style of the mayor and aldermen of the town of Calhoun, and by that name and style shall succeed to all the rights and liabilities of the present corporation of said town, and shall have perpetual succession, and shall have power and authority to make, ordain, and establish, from time to time, such by-laws, ordinances, resolutions, rules, and regulations as shall appear to them necessary and proper for the good government, security welfare, and interest of said town of Calhoun 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; and shall have power and authority in and by said corporate name to contract and be contracted with, to sue and be sued, to plead and be impleaded in any of the courts of this State; to have and use a common seal; to hold all property, real and personal, now belonging to said town to the use of said town, for the purposes and interest for which the same were granted or dedicated; to acquire by gift or purchase or otherwise such real or personal property as may hereafter be deemed necessary or proper for corporate purposes, and to use, manage, improve, sell, convey, rent, or lease any and all of said property as may be deemed advisable for corporate interest. Corporate name and general powers.

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SEC. II. Be it further enacted, That the corporate limits of said town shall extend one half mile in every direction from the county courthouse in said town, forming a perfect circle. Corporate limits. SEC. III. Be it further enacted, That an election under this charter shall be held at the courthouse in said town, or at such other place in said town as the mayor (or chairman of council, as he is termed under the present charter) may direct or designate, on the first Saturday in January, 1896, and on the first Saturday in January in each year thereafter, for a mayor and four aldermen, who shall 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 town at the time above specified, from any cause whatever, or should a vacancy in the office of mayor occur from death, resignation, or otherwise, or should a vacancy occur from any cause in the board of aldermen of said town, the mayor (or mayor pro tem. ) shall order an election to fill same by posting a notice in three public places in said town and publishing said notice in a public gazette in which the sheriff's advertising of Gordon county is done. Said notice shall be posted ten days before said election; provided, however , if the office of mayor, or a member of the board of aldermen, shall become vacant at any time within three months of the current municipal term, there shall be no election held to fill said vacancy, the mayor pro tem. acting as mayor for balance of said term, and until a mayor is elected and installed. It shall be the duty of the retiring mayor (or mayor pro tem. ) to call a meeting of the board of aldermen on Wednesday in January each year following the election on the first Saturday in January each year, and turn over to the newly elected mayor and aldermen the affairs of the town in proper and formal manner. Municipal elections. Vacancies, etc. SEC. IV. Be it further enacted, That the said elections shall be held under the superintendence of a justice of the peace and two freeholders, or of three freeholders. Said superintendents shall take and subscribe an oath for the due performance of their duty as such, and shall have all the powers incident to superintendents of State and county elections held in this State. Should the managers have any reasonable doubt as to the qualification of a voter, or should any voter be challenged, they shall administer the following oath: You do solemnly swear that you have attained the age of twenty-one years; that you have resided one year in this State immediately preceding this election, and for six months in the county of Gordon and six months in the town of Calhoun, and have paid all taxes legally required of you by said town of Calhoun (or its authorities) and State of Georgia and of Gordon county, and which you have had an opportunity of paying, except taxes due the present year; so help

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you, God; and that any person voting at said election, who is not qualified to vote under the provisions of this Act, shall be guilty of a misdemeanor, and shall be punished as provided in section 4310 of the Code of Georgia. Supervision and conduct of elections. Challenges. Illegal voting. SEC. V. Be it further enacted, That the elections provided for in section 3 of this Act shall be held and conducted in the same manner and under the same rules and regulations (except as herein otherwise provided) as elections for State and county officers are held and conducted in this State. The superintendents of said elections shall duly declare the result of said elections and shall issue certificates of elections, signed by the superintendents or a majority of them, to such persons as receive the highest number of votes polled, which certificate shall be evidence of their election and authority to assume the functions of their offices; and the mayor and the board of aldermen-elect shall, on the Wednesday in January each year following the election on the first Saturday in January each year, qualify by taking and subscribing an oath to well and truly perform the duties of their respective offices before some officer authorized in this State to administer oaths. Said oaths, with the certificates of election, shall be filed with the clerk of the board of aldermen, and by him entered of record on the minutes of said board. Should the election of the mayor or any alderman be contested, the managers of the election shall turn over to the ordinary of Gordon county the returns of said election, who is hereby authorized to pass upon said contest; and upon his decision, which shall be final, the certificate of election shall be issued. Rules for elections. Certificates of result, etc. Oath of office. Contested elections. SEC. VI. Be it further enacted, That all persons shall be qualified to vote at said election for mayor and aldermen who [Illegible Text] qualified to vote for members of the General Assembly of Georgia, and who in addition have resided in the town of [Illegible Text] and been bona fide residents thereof for six months immediately preceding the day of election, and who have paid all taxes imposed upon them and required of them by the town of Calhoun, including street tax, and which they have had an opportunity of paying, except taxes for the year in which the election is held. Qualifications of [Illegible Text]. SEC. VII. Be it further enacted, That no person shall be eligible to the office of mayor or aldermen unless he shall have resided in the town of Calhoun for at least one year preceding the day of election, and shall possess the other qualifications of a voter as prescribed in this Act. Qualifications for office. SEC. VIII. Be it further enacted, That the mayor and aldermen, at their first regular meeting in each year after being qualified, shall elect by ballot a clerk, who shall be one of the said aldermen.

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Said clerk, before entering upon the discharge of his duties as such, shall take and subscribe an oath and give bond in a sum to be fixed by the mayor and aldermen for the faithful discharge of his duties for the term for which he has been elected (one year) and until his successor is elected and qualified. The said bond shall not be less than one thousand dollars, and shall be payable to the mayor and aldermen of the town of Calhoun, and both the oath and bond shall be entered of record on the minutes of the board; said clerk shall receive for his services a salary not to exceed sixty dollars per annum. The said mayor and aldermen shall also, at their first regular meeting each year, choose from their own body a mayor pro tempore , who shall, in case of the death, absence, or disqualification of the mayor, perform all the duties required of the mayor, and in the event of the removal, death, or resignation of the mayor pro tempore , another pro tempore may be elected at any time, as in the first instance. Clerk. Mayor pro tem. SEC. IX. Be it further enacted, That in the event of the death, resignation, or removal of the clerk of the board of aldermen the vacancy shall be filled by an election by the mayor and aldermen as in the election of clerk in the first instance. Vacancy in office of clerk. SEC. X. Be it further enacted, That at the first regular meeting in each year the mayor and aldermen-elect shall choose by ballot one of their own members, who shall act as treasurer for the term (one year), or until his successor is elected and qualified, who, before entering upon the discharge of his duties, shall take and subscribe an oath and give bond not less than one thousand dollars, payable to the mayor and aldermen of the town of Calhoun, with good security, to be approved by the said mayor and aldermen; and for any breach of the bond of the clerk, treasurer, and marshal required by this Act to be given, the mayor and aldermen may sue and recover on them to the full extent of the penalties in them named in any court having jurisdiction thereof. The salary of the treasurer shall be fixed at the first regular meeting in each year, but shall not exceed sixty dollars per annum. Treasurer. Suit for breach of official bonds. Salary of treasurer. SEC. XI. Be it further enacted, That said mayor and aldermen shall have power and authority to elect such clerk, treasurer, marshals, and other subordinate officers as they may deem necessary for carrying into effect the powers herein conferred upon them; to prescribe the fees, salaries, and duties of such officers, and to require such bonds of them for the faithful performance of their duties as the said mayor and aldermen shall deem necessary and proper. They shall have power, also, to suspend or remove them from office for a breach or neglect of their duty, or an incapacity to discharge their duties, or for other good cause. Marshals, etc. Suspensions or removals from office.

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SEC. XII. Be it further enacted, That the mayor shall be the chief executive officer of said town; that he shall see that all the laws and ordinances of said town are faithfully executed. He shall receive for his services a salary not to exceed one hundred dollars per annum, the said salary to be fixed by the mayor and aldermen at their first regular meeting in each municipal year, and not to be changed during his term of office. Duties of mayor. Salary. SEC. XIII. Be it further enacted, That the mayor and aldermen shall fix the time for their regular sessions or meetings; that the mayor shall be ex officio the presiding officer of said board of aldermen, and shall have the privilege of voting upon all matters that may come before said board. He shall have the power to convene the board in extra session whenever, in his judgment, the exigencies of the case require it, or whenever requested by the members of the board, in writing, to do so. Two aldermen and the mayor, or three aldermen, shall be sufficient to constitute a quorum. Council meetings, etc. Quorum. SEC. XIV. Be it further enacted, That the mayor, or in his absence the mayor pro tem. , shall have full power and authority to hold at such time and place, and under such rules and regulations as may be prescribed by ordinances, 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 deemed by him just and proper, not exceeding the sum of fifty dollars and imprisonment, or labor on the streets or other public works of said town not exceeding thirty days. Any one or all of these penalties may be imposed, in the discretion of the mayor, or mayor pro tem. ; that the mayor, or mayor pro tem. , presiding in the mayor's court, shall have power and authority to administer oaths to any and all persons whom he may desire to use as witness on the trial of any case coming before said court to be determined. Mayor's court. SEC. XV. Be it further enacted, That defendants in all cases in the mayor's court shall have the right of appeal to the full board of aldermen when dissatisfied with the findings of said court. In such cases the aldermen will hear the evidence, and should they deem proper, may reduce or remit any and all the penalties imposed by the mayor, or mayor pro tem. , or they shall have power and authority to increase the penalties imposed (provided the limit, as provided for in this Act, has not been reached), or they may sustain the mayor, or mayor pro tem. , as in their judgment shall seem just and proper. Appeals from mayor's court. SEC. XVI. Be it further enacted, That said mayor shall be, to all intents and purposes, a justice of the peace, so far as to enable him to issue warrants, perform the marriage ceremony, and such

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other acts as are usually performed by a justice of the peace; warrants when issued by him for offenses committed within the corporate limits of said town shall be executed by the marshal of said town, and he (the mayor) shall commit to the jail of the county of Gordon, or admit to bail, offenders for their appearance at the superior court thereafter for Gordon county, and it shall be the duty of the jailer of the county of Gordon to receive all such persons so committed, and safely keep them until discharged by due process of law. Mayor ex officio justice of the peace, etc. SEC. XVII. Be it further enacted, That the mayor and aldermen shall have power and authority to levy and collect an ad valorem tax, not to exceed one-half of one per cent., on all taxable property within the corporate limits of said town, made taxable by the laws of this State. The mayor and aldermen shall have power and authority to prescribe by ordinances the time, place, manner, and rules and regulations for making returns by the taxpayers of said town of their property for taxation; and any taxpayer of said town who shall fail to return his property for taxation in the manner, and at the time prescribed by the ordinances of the mayor and aldermen, shall be subject to pay double tax on all his property not returned, as in the case of collection of State tax, and such double tax may be collected by execution, as other tax. It shall be the duty of the mayor and board of aldermen to closely scan all returns made, and in their judgment, any party or parties should fail to return their property at its true value, then the said mayor and board of aldermen shall have power to raise said valuation (or returns) to such figures as they may deem just and proper; provided, however , that the mayor, through the clerk of the board, shall give written notice to such persons who have made unsatisfactory returns to appear before the mayor and board of aldermen on such day as said mayor may deem best, to show cause why his or their return should not be raised, as above. Ad valorem tax. Tax returns. SEC. XVIII. Be it further enacted, That if any person fail or refuse to pay the tax imposed, according to this Act, at the time prescribed in the ordinance of the mayor and aldermen, the clerk of the board of aldermen shall issue an execution against said defaulting taxpayer, which shall be signed by the clerk and bear test in the name of the mayor. Such executions shall bind all the property which said defaulting taxpayer owned on the first day of March in the year in which it is required to be returned for taxation, and the lien of said execution and said property shall be superior to all other liens, except liens for State and county taxes. Such executions shall be directed to the marshal of said town, or

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his deputy, 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 aldermen 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. Failure to pay tax. Tax executions. SEC. XIX. Be it further enacted, That the mayor and aldermen shall have full power and authority to lay out, widen, straighten, open, close, alter, drain, and keep in good order and repair road, streets, sidewalks, alleys, cross-walks, and squares in said town, for the use of the public or any of the citizens thereof; and to dig, repair, fill up any public well or wells for said town, and to establish and fix and maintain such a system of grading and drainage for said town as they may deem proper; and to this end they shall have the power and authority to condemn and appropriate any part of the land included within the corporate limits of said town, but shall be liable to the owner or owners of said property in a reasonable and fair sum for damages to his or their property. Whenever the mayor and alderman shall exercise the power above delegated, and they and the owners of the land fronting on said streets, roads, alleys, sidewalks, squares, or ditches, or through which said streets, roads, alleys, or ditches may pass, cannot agree on the damages sustained or advantages derived by the owner or owners of said lands in consequence of opening, widening, straightening, cutting, digging, or altering said streets, alleys, roads, sidewalks, cross-walks, or ditches, said mayor and aldermen shall appoint two freeholders of said town, and the owners of said lands, on five days' written notice from the mayor, shall appoint two freeholders of said town, who shall proceed to assess the damages sustained by said owner or owners of said land; and in case said assessors cannot agree, they shall select a fifth freeholder to act with them. They shall take into consideration the advantages derived by the owner or owners of said land in consequence of the work done, or caused to be done by the board of aldermen as above stated; said assessors, before acting in said capicity, to take an oath that they will faithfully and impartially discharge their duty as such, and shall make their return within thirty (30) days from their appointment to the mayor and aldermen, and at the same time shall deliver a copy of their return to each of the owners of of the land. The return made to the board of aldermen shall be filed by the clerk and entered on record in the minutes of the

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board of aldermen. The award, signed by a majority of the assessors, to be considered their judgment in the event the owner or owners of the land shall fail or refuse to appoint assessors within ten days from the time notice is received by them from the mayor; the two assessors appointed by the mayor and aldermen shall proceed to examine the premises and assess the damage, if any, and shall call in a third freeholder to act with them if they cannot agree and make their return as above prescribed; and this assessment made by the assessors appointed by the mayor and aldermen, shall be as valid and binding as if made by assessors appointed by both sides. Streets, sidewalks, etc. Wells. Drainage, etc. [Illegible Text] of private property, etc. SEC. XX. Be it further enacted, That all persons subject to road duty by the laws of this State shall be liable and subject to work on the streets and other public works of said town, not exceeding ten days in each year, under the direction and control of the proper officers of said town; provided, however , that the mayor and aldermen of said town shall have power and authority to levy a street tax in lieu thereof, not to exceed five dollars per annum; and provided further , that all persons who shall fail or refuse to pay said tax on or before such days as the mayor and aldermen by ordinance shall direct or require, the person failing shall, upon three days' notice from the mayor, served by the marshal, be required to do and perform street work as aforesaid; and upon failure to perform said street work, such defaulter shall be liable to be dealt with by the mayor or mayor and aldermen the same as for violation of other ordinances of said town, and to this end may be imprisoned or fined, or both, as in other cases; provided, however , that said street tax may be collected by execution as provided for in this Act for the collection of other taxes. Street working. SEC. XXI. Be it further enacted, That the mayor and aldermen elected each year as provided for in section 3 of this Act shall be exempt from all street work or tax levied in lieu thereof during the term for which they have been elected. Exemption of mayor and aldermen. SEC. XXII. Be it further enacted, That in case the mayor or any member of the board of aldermen, while in office, shall be [Illegible Text] of any willful neglect of duty or malpractice in office, or abuse of the powers confided in him, he shall be cited by the clerk, by order of the mayor and aldermen, or either, to appear before the board at the next regular meeting thereafter, and stand his trial, and if found guilty, shall be removed from office; and if the mayor or any alderman refuses or fails for two terms to attend, when cited, he may be removed from office for this cause. Malpractice in office. SEC. XXIII. Be it further enacted, That the cost for issuing,

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serving, and executing all warrants, processes, writs, and [Illegible Text] as authorized by this Act for violation of any of the laws of the State, or laws and ordinances of said town, or the collection of any tax, shall be the same as for similar warrants, processes, writs, etc., issued and served under the laws governing the justice court's fees of this State, and shall be paid by the offender or offenders, or deliquents in case of tax executions, in the event he or they shall be found guilty of the alleged violation of any of said laws or ordinances. Costs. SEC. XXIV. Be it further enacted, That said mayor and aldermen shall have power and authority, in addition to the ad valorem tax herein provided for, to levy and collect a specific tax on all billiards and pool tables, tenpin alleys or ninepin alleys, or alleys and tables of any kind used for the purpose of playing with balls or pins, or both, within said town, and all contrivances of whatever kind used for the purpose of gaming, the said tax on billiards and pool tables not to be less than twenty-five ($25) dollars per annum, and no less than one year's tax shall be paid. The mayor and aldermen may, in their discretion, refuse to grant licenses to billiard and pool tables. The mayor and aldermen shall also have power and authority to levy and collect a specific tax of not exceeding one hundred dollars upon all circuses, sleight of hand performances, tricks of legerdemain, operas, theatrical exhibitions, and all other shows taxed by the laws of this State which may exhibit in said town; such tax to be for each exhibition. Such tax shall be due before said show, circus, exhibition, or other performances shall have exhibited or performed in said town, and the mayor and aldermen shall have power and authority to prevent any circus or show, performances or exhibitions above mentioned from showing, performing, or exhibiting in said town until said tax is paid by them. Specific taxes. SEC. XXV. 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 per annum on all life and accidental insurance companies having [Illegible Text] agency in said town; also, all fire and marine insurance companies having an agency in said town; also, all building and loan associations having an agency in said town, or upon any and all transient agents doing business in any of said lines; also, upon all persons engaged in hauling for hire with any cart, dray, wagon, hack, omnibuses, or other conveyances within said town of Calhoun; also, itinerant traders or peddlers who may deal in articles or commodities which may come in competition with the established business of said town. Said mayor and aldermen shall provide, by ordinance, the time, rules, and regulations

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under which said specific tax shall be paid, and also the amount of same. Said tax may be collected by execution and levy as in other cases. Tax on insurance companies. Building and loan associations. Drays, etc. Peddlers. SEC. XXVI. 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 obstruction or nuisance in or near the public streets, lanes, alleys, sidewalks, or the town parks or commons in said town, or nuisances located anywhere in said town; also, to regulate all hotels, taverns, and public houses and cemeteries in said town, and to regulate and control the sale of fresh meats in said town, and, if necessary, to establish a market house in and for said town; to regulate all privies, water-closets, butcher-pens, tanyards, blacksmith shops, forges, stoves, and chimneys within said town, and 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 cause the owner to do so at his own expense, when the board of aldermen shall deem the same necessary to be done, and to collect from the owner or owners, by execution and levy, the expenses of filling up any pit, well, or other excavation, or abating other nuisances mentioned in this section; also, to regulate drays, omnibuses, buggies, carriages, wagons, and carts, owned and kept for use and hire in said town; also, said mayor and aldermen shall have full power and authority to regulate and control all public pumps and wells and livery stables within said town, and for the purposes of police regulations and other interests of the town shall have power and authority to control and regulate the public park or parks in said town. Removal of obstructions and nuisances. Hotels, etc. Sale of meats. Privies, etc. Pits, wells, etc. Vehicles kept for hire. Public pumps. Parks. SEC. XXVII. Be it further enacted, That the mayor and aldermen of said town shall have full power and authority to make regulation for guarding against fire and danger and damages therefrom; to fix and establish fire limits in said town, and from time to time to enlarge, restrict, or change the same, within which fire limits, as established, it shall not be lawful for any one to build, or cause to be built, any building other than brick or stone or other fire-proof material, with tin, iron, or other fire-proof material to be used for roofing or covering same; and in case of violation of any such regulations establishing fire limits, the board of aldermen, after five days' notice, shall cause any building erected, or in course of erection, in violation of such regulations, to be removed at the expense of the owner or builder thereof, to be collected by execution, as in other cases. This section shall not be varied in favor of any person or persons whatever. Protection from fire.

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SEC. XXVIII. Be it further enacted, That the mayor and aldermen of said town shall have full power and authority to lay sewer-pipe drains, when they deem the same absolutely necessary for the health and benefit of the citizens or general welfare of the town. The property abutting on said drains shall be liable for the expenses incurred in laying them, and should the owner or owners thereof refuse to pay for such drains, or the expenses incurred in laying same, the mayor shall order executions issued against said property, and it shall be sold, as provided for in the levying and sale of property under tax executions in this Act. Sewers and drains. SEC. XXIX. Be it further enacted, That nothing in this Act shall operate or be construed to in anywise amend, modify, change, or repeal any existing law, general or local, in relation to the sale of spirituous, vinous, malt, or intoxicating liquors within said town of Calhoun. Existing laws as to liquors not affected. SEC. XXX. Be it further enacted, That said mayor and aldermen of the town of Calhoun shall have the power and authority to pass such ordinances, rules, and regulations relative to the taking up and impounding of any horses, mules, cattle, hogs, goats, sheep, or other animals or fowls of any kind that may be running at large on the street of said town, and to provide for sale of same, after due or proper public notice has been given. Stock running at large. SEC. XXXI. Be it further enacted, That said mayor and aldermen shall have the power to prevent the riding or driving of horses or other animals at an improper speed; prevent the flying of kites, throwing of stones, balls, or other objects and things, or engaging in any employment or sport in the town of Calhoun dangerous or annoying to citizens or other persons, or their property, and to prohibit the abuses of animals or breaking or training the same in the streets of said town. They shall further have the power to regulate the use of firearms and fireworks within the limits of said town, and to prevent the discharging or firing of the same, as they may deem best. Fast driving, etc. Fire arms, etc. SEC. XXXII. Be it further enacted, That the said mayor and aldermen shall have the power and authority, upon the proof of the existence and maintenance of any house of ill fame, or bawdy house, within the town limits, to cause the occupants thereof to be forcibly removed without the town limits if they shall refuse to leave the town after five days' notice. Bawdy house. SEC. XXXIII. Be it further enacted, The mayor and aldermen, at the expiration of their term of office, shall turn over to their successors in office all books, paper, records, or other property of the town which may have come into their possession, taking proper

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receipts therefor. This shall also apply to the clerk and treasurer of said board of aldermen. Municipal records to be turned over. SEC. XXXIV. Be it further enacted, That the mayor or any alderman shall not contract for any work to be done for the town, and paid for out of the treasury of said town, or for any supplies furnished said town to be paid for as above; but the mayor and aldermen may provide for ordinance for receiving sealed bids for all work, or any or all supplies the town government may need yearly; and in the event such bids are advertised for, then the mayor or any alderman shall have the right to bid, and if the lowest or successful bidder, shall have the right to do the work or furnish the supplies, as the case may be. Municipal contracts. SEC. XXXV. Be it further enacted, That the treasurer of said town shall receive all money due the town from any and all sources, and pay the same out only upon orders drawn by the mayor and aldermen, said orders being approved by the clerk of the board of aldermen and countersigned by the mayor, or in his absence the mayor pro tem . The said treasurer shall keep a book which shall at all times be subject to inspection by the mayor and aldermen and any citizen who may desire to examine same, which book shall show what amount of money has been collected by him and from what source received, and what money has been disbursed and upon what account; and he shall preserve all orders by him paid off or vouchers for disbursements; and he shall do and perform all other duties relative to the finance of the town, prescribed by the ordinances of the mayor and aldermen, and in the manner prescribed; provided , such ordinances are not inconsistent with this Act. The salary the treasurer shall receive shall not exceed sixty dollars per annum. Payments, etc., by treasurer. Treasurer's book, etc. Salary. SEC. XXXVI. Be it further enacted, That the mayor and aldermen, or either, shall have full power to compel the attendance of parties and witnesses at the mayor's court and the meetings of the board of aldermen, and for this purpose said mayor and aldermen, or either, shall have power and authority to take and receive of parties and witnesses such bonds as they may deem necessary to secure the attendance of parties and witnesses, and to forfeit and collect said bonds in the same manner as bonds are now forfeited in the superior court of this State; and the said mayor and aldermen, or either, shall have power and authority to punish any and all parties for contempt as may be done in other courts. Attendance of witnesses. Contempts. SEC. XXXVII. Be it further enacted, That the mayor and aldermen shall have full power and authority to provide, by ordinance, for appeals from the judgments or decisions rendered in the mayor's court. Appeals from mayor's court.

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SEC. XXXVIII. Be it further enacted, That said mayor and aldermen shall have full power and authority to pass all ordinances that may be necessary to carry the provisions of this Act into complete and full effect. General power as to ordinances. SEC. XXXIX. Be it further enacted, That the marshal and other public officers of said town are hereby empowered, and it shall be their duty to arrest all violators of the town ordinances of said town without warrant, and bring them before the mayor, or mayor and aldermen, for trial, as shall be prescribed by ordinance. It shall also be the duty of said marshal and other police officers to execute all warrants, writs, and other processes issued by said mayor, or mayor and aldermen, and perform such other duties as shall be prescribed by the ordinances of the mayor and aldermen. Duties of marshal, etc. SEC. XL. Be it further enacted, That all laws, ordinances, rules, and regulations, now in force in the town of Calhoun, for said town's municipal government, shall remain in full force and effect until such laws, ordinances, rules, and regulations may be passed or adopted as will fully carry out the provisions of this Act. Present ordinances, etc., to remain of force, until when. SEC. XLI. Be it further enacted, That all laws and parts of laws in conflict with this Act [Illegible Text] hereby repealed. Approved December 13, 1895. CAMILLA, DISPENSARY OF LIQUORS IN. No. 107. An Act to amend the charter of the town of Camilla, so as to authorize and empower the mayor and council of said town to maintain a dispensary in said town for the sale of ardent spirits, malt liquors, wines, cider, and other intoxicants, and to provide regulations for said dispensary, 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 mayor and council of said town shall be authorized and empowered to maintain and operate a dispensary in said town for the sale of ardent spirits, malt liquors, wines, cider, and other intoxicants, as hereinafter provided. Authority to maintain dispensary. SEC. II. Be it further enacted, That on the first Monday night in January, 1896, or as soon [Illegible Text] as is practicable, said mayor and council may elect three qualified voters of said town of good moral character and business capacity, who shall be known as dispensary commissioners, one to hold office for one year, one for two

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years, and one for three years, or until their successors are elected and qualified as hereinafter provided. On the first Monday night in each succeeding January thereafter, or as soon thereafter as is practicable, said mayor and council shall elect a successor to the dispensary commissioner whose term of office is about to expire, and each of said subsequently elected dispensary commissioners shall hold office for three years and until his successor is elected and qualified. Vacancies occurring, for any cause, in the offices of dispensary commissioners shall be filled at once by said mayor and council in the same manner as in the regular elections, and the dispensary commissioners elected to fill such vacancies shall hold offices only for the unexpired term of their predecessors. The dispensary commissioners provided for by this section shall, before entering upon the discharge of their duties as such, take and subscribe an oath that they will faithfully and honestly discharge all the duties imposed upon them by this Act and the ordinances of said town, said oath to be administered by the mayor of said town and entered upon the minutes of the mayor and council. Election dispensary commissioners. Term of office. Vacancies. Oath of office, etc. SEC. III. Be it further enacted, That the dispensary commissioners provided for by this Act may maintain at some central point in the town of Camilla, within the fire limits of said town, a dispensary for the sale of ardent spirits, malt liquors, wines, cider, and other intoxicants. They shall, on the day after their election and qualification, and annually thereafter, elect a citizen of said town, who shall be of good moral character and sober habits, to be known as the dispensary manager, who shall have charge and control of said dispensary under their supervision. Said manager shall be chosen for the term of one year, but shall be removable at any time by said commissioners for neglect of duty or violation of any law. Said dispensary manager shall be required to take and subscribe an oath that he will faithfully and honestly discharge all the duties required of him by this Act and the ordinances of said town; said oath to be administered by the mayor of said town and recorded on the minutes of the mayor and council. Said dispensary manager shall also be required to give bond, with good security, in a sum to be fixed by the mayor and council of said town, conditioned to faithfully account for all goods and moneys that may come into his hands as such manager, and for the faithful performance of all 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 mayor and council, and his compensation shall not be dependent upon the amount of his sales. Vacancies occurring in the office of said dispensary manager shall be filled at once, as in the regular election. Dispensary. Dispensary manager. Term of office, etc. Oath of office. Bond. Salary. Vacancies.

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SEC. IV. Be it further enacted, That said manager shall, under the direction of said dispensary commissioners, purchase, and at all times keep under the supervision of said commissioners, a stock of ardent spirits, malt liquors, wines, cider, and other intoxicants in such quantities as said commissioners may direct. All bills incurred for the maintenance and operation of said dispensary, from time to time, shall be paid by the treasurer of the town of Camilla upon presentation of such bills, approved by a majority of said commissioners. Said manager shall sell only for cash, and shall turn over moneys received by him to the clerk of the town of Camilla each day, who shall keep a separate account of the same, and who shall turn the same over to the treasurer of said town at the expiration of each week, taking said treasurer's receipt for the same. Stock of liquors to be kept. Payment of bills for. Sales by manager. SEC. V. Be it further enacted, That said dispensary commissioners shall make, from time to time, rules and regulations for the operation of said dispensary, not in conflict with the provisions of this Act or the ordinances of said town. The quantity of liquor to be sold to any one purchaser at one time shall not exceed four gallons, and in no event shall said liquors be furnished in quantities of less than one-half pint, and none shall be drank in the building or on the premises where said dispensary is located. Said dispensary shall not be opened before sunrise, and shall be closed each day before sunset, and shall be closed on Sundays, election days, and such other days as the commissioners may direct. Said managers shall be bound by all the laws of this State regulating the sale of liquor, and all of the regulations of said commissioners not in conflict with the laws of this State. Regulations for operation of dispensary. SEC. VI. Be it further enacted, That the manager of said dispensary shall sell to no person, or persons, any of said ardent spirits, malt liquors, wines, cider, or other intoxicants 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 said commissioners, showing the amount of sales for the preceding month and the stock on hand on the last day of said month. Said commissioners may cause an inspection, and an analysis of the stock on hand, from time to time, by a competent chemist, at the expense of said town. Sales to be only in sealed packages. Monthly report of manager. Inspections and analyses. SEC. VII. Be it further enacted, That said manager shall not allow any person, or persons, to loiter in or about said dispensary or the premises on which it is situated, and for failure to comply with this section, said manager shall be removed from office; and any person, or persons, refusing to leave said dispensary or the

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premises on which it is situated, or refusing to comply with any other provision of this Act, or the ordinances passed by the mayor and council in pursuance of this Act, shall, upon conviction thereof in the mayor's court of said town, be punished as prescribed by the ordinances of said town. No loitering about dispensary. SEC. VIII. Be it further enacted, That the mayor and council of said town shall have full power and authority to pass all ordinances that may be necessary to carry out the purposes of this Act, and may provide suitable penalties for violations of the provisions of this Act or the regulations of the commissioners by the manager or other persons. Ordinances to carry out this Act. SEC. IX. Be it further enacted, That said dispensary shall be maintained and operated from the profits arising from the sales of said ardent spirits, malt liquors, wines, cider and other intoxicants; provided , that the mayor and council shall be authorized to appropriate at any time such sums as may be necessary to keep said dispensary in operation, if there should, from any reason, be no money on hand derived from said profits, such amounts being always repaid to the city treasury out of the first profits thereafter realized from said dispensary. Funds to maintain dispensary. SEC. X. Be it further enacted, That said commissioners shall make a report to said mayor and council at the expiration of each quarter, showing the receipts and expenditures of said dispensary for said quarter, and the amount of the net profits thereof. The mayor and council of said town shall appropriate a sufficiency of said profits, not to exceed seventy-five per cent. thereof, to maintain the Camilla High School and the colored academy in said town, established under an Act of the Legislature approved November 4, 1889, the full term of which school shall be free to any child of Mitchell county that is within the school age, the same as children in said town. The remainder of said profits shall be appropriated by said mayor and council in whatever other way they may deem best for the interest of said town. Reports of dispensary commissioners. Use of profits of dispensary. SEC. XI. Be it further enacted, That the dispensary commissioners provided for by this Act shall receive for their services, as such commissioners, a salary of twenty-five dollars per annum, and in case any of such commissioners shall be guilty of any willful neglect of duty or malpractice in office, they shall be dealt with as prescribed for mayor and councilmen in section twenty-two of the charter of said town. Salary of dispensary commissioners. Malpractice in office. SEC. XII. Be it further enacted, That the mayor and council of said town shall have full power and authority, at any time they may deem it for the best interest of said town, to suspend or discontinue said dispensary, by closing out said stock of liquors. Suspension of dispensary.

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SEC. XIII. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 13, 1895. CARROLLTON, BONDS FOR SCHOOL BUILDING, ETC. No. 88. An Act to authorize the mayor and council of the city of Carrollton to hold an election on the question of issuing and selling bonds, not exceeding in the aggregate $20,000, for the purpose of providing or building suitable houses, furniture, and apparatus for the public school of said city of Carrollton, and to authorize said mayor and council to levy and collect a tax on all the taxable property within said city, to redeem said bonds, and to pay the interest that may accrue thereon. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That within sixty days after the passage of this Act, the mayor and council of the city of Carrollton shall order an election to be held in said city of Carrollton on the question of issuing bond of said city for the purpose of building suitable houses and providing furniture and apparatus for the public school in said city; that thirty days' notice of such election shall be given in the newspapers published in said city, and the same shall be held as elections are held for mayor and council of said city; that all persons entitled to vote for mayor and council of said city shall be entitled to vote in said election; that the ballots cast at such election shall have thereon the words for bonds or the words against bonds, and that the returns of such election shall be made to the mayor and council of said city, who shall, in the presence of and together with the managers of such election, consolidate and declare the result of the same. Election [Illegible Text] to [Illegible Text] Notice [Illegible Text] etc. Qualification of voters. Ballots and election returns Declaration of [Illegible Text] SEC. II. Be it further enacted, That if two-thirds of the qualified voters of said city shall have voted in said election for bonds, then the mayor and council of said city shall be, and they are, hereby authorized and empowered to issue bonds of said city, not exceeding, in the aggregate, the sum of $20,000, of such denominations as the said mayor and council shall determine, to be due and payable at any time within thirty years

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after issue, as the said mayor and council shall determine, and said bonds shall bear interest not exceeding six per centum per annum, which interest shall be paid annually. Amount of [Illegible Text] [Illegible Text] Rate of interest. SEC. III. Be it further enacted, That said bonds shall be signed by the mayor of said city and countersigned by the clerk of said mayor and council, and shall be negotiated in such way and manner as said mayor and council shall determine to be for the best interest of said city of Carrollton. Signature, etc., of bonds. SEC. IV. Be it further enacted, That the funds arising from the sale of such bonds shall be turned over to the treasurer of the board of school commissioners of said city, and shall be used by said board of school commissioners for building a suitable school building for the public school of said city and for providing furniture and apparatus for the same, as they shall deem best for the interest of said school. Disposition of proceeds. SEC. V. Be it further enacted, That said mayor and council shall annually levy and collect a sufficient tax on the taxable property of said city to pay the interest on said bonds as the same shall become due, and also to provide for the redemption of said bonds as the principal shall become due. Tax to pay bonds. SEC. VI. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 13, 1895. CARROLLTON, ACT AS TO PUBLIC SCHOOLS AMENDED. No. 85. An Act to amend an Act to establish a system of public schools for the city of Carrollton, in the county of Carroll, to provide for the maintenance and support of the same, to create a board of school commissioners, and for other purposes pertaining thereto, approved November 26th, 1886, so as to limit the rate of taxation for operating said schools and for school purposes to forty one-hundredths of one per centum per annum. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That from and after the 1st day of January, 1897, section seven of the above recited be amended so as to strike out the rate of taxation under this Act shall not exceed

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one per centum per annum from said section, and insert in lieu thereof the rate of taxation shall not exceed forty one-hundredths of one per centum per annum, so said section, when so amended, shall read as follows: That said board of school commissioners shall determine as early as practicable after the beginning of the scholastic year what amount of money it will be necessary to raise by taxation to defray the expenses of running said public schools for the ensuing year, and shall lay the same before the mayor and council of said city, and it shall be the duty of said mayor and council to proceed to levy and collect the same; provided , that rate of taxation under this Act shall not exceed forty one-hundredths of one per centum per annum, and when collected the clerk or other collecting officer of said mayor and council shall pay the same over to the treasurer of said board of school commissioners, which then shall constitute a fund to be expended by said board in the payment of teachers, and in building, repairing, leasing, or renting schoolhouses and other property, and for defraying all other necessary expenses. Sec. 7 of Act of Nov. 26, 1886, amended. School tax Section as amended SEC. II. Be it further enacted, That all laws in conflict with this Act are hereby repealed. Approved December 13, 1895. CARROLLTON, PROPERTY TAX IN. No. 134. An Act to amend an Act establishing a new charter for the city of Carrollton, approved September 9th, 1891, so as to limit the ad valorem tax on all real and personal property within the incorporate limits of said city to thirty-five one-hundredths of one per centum per annum. 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 January 1st, 1897, section 19 of the above recited Act be amended so as to strike out said tax not to exceed three-fourths of one per centum from said section, and insert in lieu thereof said tax not to exceed forty hundredths of one per centum. Sec. 19 of Act of Sept. 9, 1891, amended. Property tax rate. SEC. II. Be it further enacted, That all laws and parts of laws in conflict with this Act are hereby repealed. Approved December 14, 1895.

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CARTERSVILLE, CHARTER OF AMENDED. No. 36. An Act to amend an Act incorporating the city of Cartersville, Bartow county, Georgia, approved August 27th, 1872, and the various Acts amendatory thereof, so as to change the term of office of the mayor and aldermen of said city; to enlarge their powers and jurisdiction; to provide for changing the wards of said city; to authorize the collection of an annual street or commutation tax not to exceed three dollars, in lien of work upon the streets of said city; to provide for its collection and the punishment of defaulters; to authorize the collection of a special or license tax upon all kinds of business and vocations carried on in said city, 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 incorporating the city of Cartersville, Bartow county, Georgia, approved August 27th, 1872, and the various Acts amendatory thereof, be, and the same are, hereby amended as hereinafter provided. Charter amended. SEC. II. Be it further enacted, That the present mayor and aldermen of said city of Cartersville as now constituted shall continue in office, with all the powers now vested, and by this Act vested in the mayor and aldermen of said city, until their successors are elected and qualified, as hereinafter provided. Present mayor and aldermen to continue in office, until when. SEC. III. Be it further enacted, That on the second Wednesday in January, 1896, an election shall be held in said city as now provided by law for holding municipal elections therein for a mayor and two (2) aldermen from each of the wards in said city. First election. SEC. IV. Be it further enacted, That the mayor so elected shall hold his office for the term of two years, and a mayor shall be elected every two years thereafter whose term of office shall be two years. Term of mayor. SEC. V. Be it further enacted, That at the first election held under this Act, the persons receiving the highest number of votes for aldermen from each ward shall hold their office for two years, and the persons receiving the next highest number of votes shall hold their office for one year, and annually thereafter on the second Wednesday in January one alderman from

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each ward shall be elected, who shall hold their office for two years, making the terms of all aldermen for said city elected after said first election two years. The mayor and aldermen in all cases to hold their office until their successors are elected and qualified, and all vacancies to be filled as now provided by the charter of said city. Of aldermen. Vacancies. SEC. VI. Be it further enacted, That the mayor and aldermen hereafter elected for said city shall qualify and go into office on the Wednesday next after their election. Beginning of official term SEC. VII. Be it further enacted by the authority aforesaid, That the mayor and aldermen of said city be, and they are, hereby authorized and empowered to change the lines dividing the wards in said city, whenever they may deem it expedient. Change of ward [Illegible Text] SEC. VIII. Be it further enacted by the authority aforesaid, That the mayor and aldermen of said city of Cartersville may require and compel all persons residing within the corporate limits of said city, subject, by the laws of this State, to road duty, to work on the streets of said city not exceeding fifteen days in each year at such times as the mayor and aldermen may designate, but may receive in lieu thereof, to be expended upon said streets, a commutation tax from such persons not exceeding three dollars; and any person or persons failing or refusing to perform said work or pay said commutation tax within the time prescribed by the ordinance or by-laws adopted by said mayor and aldermen, and after having had at least two days' notice so to do, from the marshal or deputy-marshal of said city, such person or persons so failing or refusing shall be arrested by the marshal or deputy-marshal and carried before the mayor, and in his absence or disqualification, before any alderman of said city, and on conviction of such default shall be fined not exceeding fifteen dollars or imprisoned in the city prison or common jail of Bartow county not exceeding thirty days, or be sentenced and compelled to work upon the streets of said city in the city chain-gang, under the supervision of the superintendent of street work not exceeding thirty days; either one or more, or all these penalties may be imposed in the discretion of the officer hearing the case. Street [Illegible Text] SEC. IX. Be it further enacted, That in addition to the powers of taxation already conferred upon and possessed by said mayor and aldermen, they shall have power and authority to regulate, control, and collect a special or license tax from all opera houses, livery stables, hacks, drays, and other vehicles used for hire,

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keepers of stallions and jacks, auctioneers, itinerant traders, theatrical performances, shows, circuses, and exhibitions of all kinds, itinerant lightning-rod dealers, emigrant agents, clock and store peddlers of all kinds, itinerant dealers in jewelry, spectacies, medicines and all other travelling or itinerant vendors of articles, wares, and merchandise, except such as are exempted by the laws of the State; also every keeper of a billiard, pool, or bagatelle table kept for public use or gain, every keeper of a shooting-gallery, tenpin alley, or any other stand or place for any game or play with balls, cards, dice, rings, or other contrivance; every person running a flying-jenny, or flying-horses, bicycle, or skating-rink; all solicitors or canvassers selling goods, wares, or merchandise by sample or retail to consumers, and all other establishments, business, callings, or vocations, whether by individuals, firms, or corporations, which are not, under the Constitution and laws of this State, exempt from taxation. They shall also have power to provide the method of collecting any or all such special or license taxes and to fix and enforce penalties against any of said occupations, or individuals, firms, or corporations exercising any of such privileges without first having paid such special tax or obtained such license. Special taxes. SEC. X. Be it further enacted, That the jurisdiction of the mayor and aldermen of said city of Cartersville and the territorial limits of said city are hereby extended for police and sanitary purposes over the lands now owned, and that may hereafter be purchased by said city, at the city water-works station on Etowah river and the pipes and mains of said water-works, and they shall have power and authority to provide by ordinances for the protection of said water-works property and the preservation of the purity of the water, to provide penalties for the violation of such ordinances and the enforcement of the same. Extension of corporate limits. SEC. XI. Be it further enacted by the authority aforesaid, That so much of an Act incorporating the city of Cartersville, approved August 27th, 1872, and the various Acts amendatory thereof as conflicts with the provisions of this Act, and all other laws and parts of laws that conflict with this Act be, and the same are, hereby repealed. Approved November 30, 1895.

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CARTERSVILLE, SCHOOL LAW FOR AMENDED. No. 31. An Act to amend an Act creating a system of public schools in the city of Cartersville, Bartow county, Georgia, approved December 24th, 1888, by striking from said Act the first nine lines, and the word commissioner, in the tenth line of section four (4) of an Act creating the board of school commissioners for said city, and the manner of filling vacancies, and to insert in lieu thereof a provision for the election of a less number, not to excede eight (8) in number, fix the time and manner of election, term of office, and how vacancies shall be filled, and for other purposes. SECTION I. Be it enacted by the General Assembly of Georgia, That section four (4) of an Act creating a system of public schools for the city of Cartersville, Bartow county, Georgia, approved December 24th, 1888, be, and the same is, hereby amended by striking from said section the first nine lines, and the word commissioner in the tenth line, and inserting in lieu thereof the following: Be it further enacted, that on the first Monday in April, 1896, the mayor and aldermen of the city of Cartersville shall elect eight school commissioners for said city, as follows: two for a term of one year, two for a term of two years, two for a term of three years, and two for a term of four years, and annually thereafter on the first Monday in April the mayor and aldermen of said city shall elect two school commissioners, whose terms of office shall be four years. If for any reason said elections are not held at the time herein fixed, then the said mayor and aldermen shall hold said election as soon thereafter as possible, either at a regular meeting or at a meeting called for that purpose. When vacancies occur in said board by death, resignation, removal, or otherwise, said mayor and aldermen shall, as soon as practicable after they are notified of a vacancy, elect a member to hold for the unexpired term of the member whose seat has become vacant. All members of said board shall hold their offices until their successors are elected and qualified, so that said fourth section of said Act aforesaid, when so amended, shall read as follows: Be it further enacted, that on the first Monday in April, 1896, the mayor and aldermen of the city of Cartersville, shall elect eight school commissioners for said city as follows: two for a term of one

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year, two for a term of two years, two for a term of three years' and two for a term of four years, and annually thereafter on the first Monday in April the said mayor and aldermen of said city shall elect two school commissioners whose term of office shall be four years If for any reason said elections are not held at the time herein fixed, then the said mayor and aldermen shall hold election as soon thereafter as possible, either at a regular meeting or at a meeting called for that purpose. When vacancies occur in said board by death, resignation, removal, or otherwise, said mayor and aldermen shall, as soon as practicable after being notified of a vacancy, elect a member to hold for the unexpired term of the member whose seat has become vacant. All members of said board shall hold their offices until their successors are elected and qualified. No one shall be eligible to the office of school commissioner who is not a resident of said city, and who is not twenty-one years old. The officers of said board shall be a president, vice-president, and secretary. The treasurer of the city of Cartersville shall be ex officio treasurer of said board, and shall give a separate bond with good and sufficient security in such amount as the mayor and aldermen may prescribe, payable to said city of Cartersville, conditioned for the safe keeping and proper disbursement of the school funds placed in his hands. The treasurer shall keep a book in which he shall enter all sums received and disbursed by him, which book, and vouchers shall at all times be subject to the inspection of the city authorities and school commissioners, and he shall make written reports whenever required so to do. The officers of said board of school commissioners, except the treasurer, shall be elected in such manner and at such time and for such terms as said board may determine, and said board shall prescribe the duties of its officers. Sec. 4 of Act of Dec. 24, 1888, amended Election and term of school commissioners Vacancies. Section as amended SEC. II. Be it further enacted, That the terms of the present board of school commissioners for said city of Cartersville shall expire immediately upon the election and organization of the new board provided for by this Act. Terms of present board to expire when. SEC. III. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved November 30, 1895.

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CHICKAMAUGA, CORPORATE LIMITS REDUCED. No. 219. An Act to amend an Act incorporating the city of Chickamauga, in the county of Walker; to appoint a mayor and aldermen for the same, and for other purposes, approved September 11th, 1891, by amending section second of said Act, so as to reduce the corporate limits of said city as prescribed in said Act. SECTION I. Be it enacted by the General Assembly, That section second of the above recited Act be amended by striking out the words three-fourths, in the second line of said section, and inserting in lieu thereof the words three-eights, so that said section, when so amended, will read as follows: That the corporate limits of said city shall extend in all directions three-eighths of one mile from the center of Crawfish Springs in said city. [Illegible Text] 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 16, 1891. CLARKSVILLE, BONDS FOR SCHOOL BUILDINGS, ETC. No. 162. An Act to authorize the mayor and council of the town of Clarksville to issue bonds for the purpose of completing school buildings and equipping the school buildings in said town of Clarksville, and to authorize the said mayor and council to provide for the payment of the principal and interest of said bonds by levying a tax therefor, and to provide for an election to ratify the provisoins of this Act, 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 Clarksville shall provide for an election, to be held in said town, for the adoption of the provisions of this Act; provided , the notice of the intention to hold said elections has been given as required by section 508(i) of the Code of Georgia. Said election shall be held and returns thereof made in the same manner as elections are held

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for the mayor and council of said town, and the qualification of the voters at said election shall be the same as required by law for the election of mayor and council of said town. All persons voting at said election shall have written or printed on their ballots the words For issuing bonds, or the words Against issuing bonds; and if it shall appear to the mayor and council that two-thirds of the qualified voters residing in said town have voted for issuing bonds, the said mayor and council are hereby authorized to issue bonds, provide for the payment of the same upon the conditions, and for all other purposes hereinafter provided. Election as to [Illegible Text] of this [Illegible Text] Notice and conduct [Illegible Text] etc. Ballots. Authority to issue bonds. SEC. II. Be it further enacted, That in the event the necessary majority of votes shall be cast at said elections for issuing bonds for the purpose of enabling the present board of trustees and their successors in office of the white and colored schools each to complete and repair their present school buildings respectively, and to equip and furnish the same with suitable furniture apparatus, and etc., the mayor and council of said town are authorized to issue bonds upon the conditions aforesaid, not to exceed the amount of one thousand dollars, to run not exceeding ten years, bearing interest not exceeding eight per cent. per annum, payable annually, said bonds to be issued in sums of one hundred dollars each, and shall be signed by the mayor and countersigned by the treasurer of said town; shall have coupons attached to them for each installment of interest, said coupons to be signed same as the bonds. The principal and interest shall become payable at maturity on presentation to the town treasurer. Said bonds, when so issued, shall not be sold for less than par. Amount of bonds. Rate of interest, etc. Signature of. Maturity. SEC. III. Be it further enacted, That for the purpose of providing for the payment of the principal, as well as the interest, on the bonds so issued and negotiated, when the same may become due and payable, said mayor and council may set apart from the funds raised annually by taxation as hereinafter provided, a sufficient amount to meet the interest on said school bonds falling due, and to provide a sinking fund annually to meet the principal on said bonds as it becomes due and payable. Payment of bonds. Sinking fund. SEC. IV. Be it further enacted, That the mayor and council of said town be, and they are, hereby authorized and required to levy and collect such tax upon the taxable property in said town as will be necessary to carry out the provisions of this Act. Tax to pay bonds. SEC. V. Be it further enacted, That nine hundred dollars of the amount raised by the provisions of this Act shall be used to complete and equip the school building for the white children of said town, and one hundred dollars for the school building for the

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colored children of said town; provided , also, that the title to said school property so improved by the provisions of this Act shall vest in the board of trustees of the two schools respectively, and their successors in office. Use of proceeds of bonds. SEC. VI. Be it further enacted, That no sum raised under the provisions of this Act, except the sum set apart for the payment of the principal and interest on said bonds, shall be paid out by the town treasurer except upon such claims for supplies or equipments, or for material for or work done on the same as have been audited by the board of trustees respectively, and upon the approval of the mayor of said town; and it shall be the duty of said mayor to examine each account or claim submitted to him for approval, and unless he is satisfied of its correctness, it shall be his duty to call a meeting of the council of said town and to notify the board of trustees of the time and place of meeting, to decide upon the correctness and justness thereof, and when said claim has been so approved it shall be the duty of the town treasurer to pay the same out of the funds raised from the sale of said bonds. Payments by treasurer. Audit accounts. 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 16, 1895. COCHRAN, PUBLIC SCHOOLS FOR. No. 16. An Act to authorize and empower the corporation of the town of Cochran to provide for the establishment, maintenance, and government of a system of public schools in and for the town of Cochran, Pulaski county, Georgia; to provide for a board of education for said town and public schools; to provide for the registration of voters under this Act; to authorize and empower the corporation of the town of Cochran to assess, levy, and collect a tax for the establishment and maintenance of said schools and the payment of the same to the board of education of said town; to provide for acquiring school property and buildings; to provide for issuing bonds of said town [Illegible Text] the purpose of raising revenue; to lease or purchase suitable real estate, lease, purchase, build and equip suitable buildings for establishing and maintaining first-class public schools; to provide for the payment of the bonds and interest thereon; to authorize and empower the corporation of the town of Cochran to appropriate the proceeds from the

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grant of license to retail spirituous liquors in said town to said public school purposes, and also the proceeds from special taxes to said purposes; to authorize and require the county school commissioner of Pulaski county to pay or turn over to the board of education of said town such part of the State and county school funds as may be the just pro rata share of said town, and all the children attending said school, and prescribe the method of estimating the same, and for other purposes. SECTION I. The General Assembly of Georgia do enact, the corporate authorities of the town of Cochran having so recommended, That from and after the passage of this Act there shall be established, conducted, maintained, supported, and provided for by local taxation and otherwise, in the manner hereinafter prescribed in this Act, a system of public schools in and for the town of Cochran, Pulaski county, Georgia. System of schools to be operated. SEC. II. Be it further enacted by the authority aforesaid, That there shall be a board of education for said town under the corporate name and style of the Cochran Board of Education, with the right to sue and be sued in said corporate name, and whose duties it shall be to establish, manage, and control said public schools. Said board of education to consist of seven members, to be elected by the mayor and aldermen of said town within thirty days from the time this Act goes into effect, or as soon thereafter as practicable. At the first election of said board, two members shall be elected and hold office until the first Monday in August, 1897, two who shall hold office until the first Monday in August, 1899, and three who shall hold office until the first Monday in August, 1901; and thereafter their successors shall be elected on the first Monday in August, or as soon thereafter as practicable, of such year as their term expires, for a term of six years from the first Monday in August of the year in which their predecessors' term expires, six years being the term of office after the first election, dating from the first Monday in August of the year in which the term of office of the predecessors expired. All vacancies in said board from death, resignation, removal from town, or otherwise shall, for the unexpired term, be filled by the mayor and aldermen at the first regular meeting of the town council after said vacancy occurs, or as soon thereafter as practicable. The members of the board shall continue in office, unless removed, until their successors are elected and qualified. No person shall be eligible to membership on said board who is a mayor or alderman, nor any other person unless he is twenty-one years old, has resided in said town for at least one year next preceding his election, and

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is a freeholder owning real estate within the corporate limits of the town. Each person elected as a member of said board shall qualify by taking and subscribing an oath similar to the one required of the members of the county board of education, before the mayor or one of the aldermen of said town, to faithfully discharge the duties as a member of said board, and which oath shall be recorded upon the minutes of the corporation of the town of Cochran. Board of education. General powers. Election of and terms of office. Vacancies. Qualifications for office. Oath of office. SEC. III. Be it further enacted, That the mayor and aldermen of said town are hereby authorized and empowered to remove any member of said board in their discretion at any time and for any cause or reason they may deem right and proper and for the best interests of the public schools, and the action of the mayor and aldermen in so doing shall be final and conclusive and not appealable or reversible by any court. Removal from office. SEC. IV. Be it further enacted, That within thirty days from their election said board shall organize, and that the officers of said board shall be a president, vice-president, a treasurer, and a secretary, and such other officers as the board may deem advisable, all of whom shall be elected by said board from members of the board, except the secretary and the treasurer, either of whom may be selected by the board from the members thereof or some person not a member of the board, as the said board may think best. The treasurer before entering upon the duties of his office shall take an oath to faithfully discharge said duties and give bond and security to be approved by the president of the board in such amount as said board may require; provided , same is not less than one and a half times the amount going into his hands annually, conditioned for the faithful discharge of his duties, which bond shall be payable to [Illegible Text] Cochran board of public education; and said board in said name is hereby authorized and empowered to bring and maintain any suit or action in the courts of this State on said bond for any breach thereof by the treasurer. And should said board fail or refuse so to serve, then the corporation of the town of Cochran are hereby authorized and empowered to sue said bond for the use of said corporation, and the proceeds of such suit to be applied to the public schools of said town. Said treasurer shall pay out no money except by order of the board. Officers of [Illegible Text] Treasurer SEC. V. Be it further enacted by the authority aforesaid, That said board of education shall have the power, and it is hereby made their duty, to speedily devise, design, adopt, and establish, under this Act, in said town, a system of public schools, to modify the same from time to time; to establish such schools as they see proper for the whites and the blacks, and which, for the two races, must

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be entirely separate and distinct from each other, and not more than one for each race, unless the mayor and aldermen of said town shall, at a regular meeting, direct the opening of more than one public school for each of the two races, and which the mayor and aldermen of said town are hereby authorized and empowered to do, whenever they may deem it proper so to do. General powers of board as to school system SEC. VI. Be it further enacted by the authority aforesaid, That said board shall keep regular, full, and complete minutes of all acts done and proceedings had by them, the same to be authenticated by the signature of the president and secretary for the time being, which shall, together with all books kept by the officers of said board, at all times be open to the inspection of the mayor and aldermen, or any citizen of the town; shall supervise, regulate, and make efficient said school system; shall prescribe the curriculum, the text-books, and books of reference to be used in said schools; elect and employ teachers, and, if they so desire, a superintendent for said schools; to fix the schools as to terms, and the time of beginning and closing said schools; shall have the right and authority to suspend or remove such teachers and superintendent whenever, in their discretion, they deem it best so to do, and their action in so doing shall be final and conclusive and not subject to appeal or review by any court; to fix the salary or compensation of teachers and superintendent and pay the same; to make such by-laws, rules, and regulations for the government of said board and the members and officers thereof, and also of the superintendent, the teachers, and pupils of said schools, as they deem proper, when not in conflict with this Act and the laws of the State; to establish grades in said school, to provide for the necessary conveniences, and necessary furniture, apparatus, and all appliances of every kind whatever, for said school, and to do any and all acts to promote the best educational interests of said town and the successful operation of said schools, not in conflict with the provisions of this Act or the laws of this State. Minutes of board. Text-books, etc. Teachers, etc. School terms. Removal of teachers, etc. Salaries. By-laws. Grades, etc. SEC. VII. Be it further enacted by the authority aforesaid, That said board is hereby authorized and empowered to receive, hold, apply, sell, or expend any donation, gift, or bequest of property of any kind, personal or real, or money, made to said board for the benefit of said schools. Gifts, etc., for schools. SEC. VIII. Be it further enacted by the authority aforesaid, That said board shall, out of the funds going into their hands, provide school-houses, by renting or purchasing suitable buildings, and furnish and properly equip the same for school purposes. The title to all property, both real and personal, purchased by said board

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out of funds derived through the corporation of the town of Cochran, shall vest in and be taken in the name of the corporation of the town of Cochran, but the use, control, and supervision thereof shall be in said board. Providing school-houses, etc. Title of school property SEC. IX. Be it further enacted, That said board is hereby authorized and empowered to receive, in their corporate name, and to make any disposition they see fit, by sale or otherwise, and convey, by bill of sale or deed, the title to any and all property, real or personal, given or donated to said board for the benefit of the public schools, and reinvest the proceeds of the same as said board deems most conducive to the interest of the public schools. Said board is also authorized and empowered to exchange, sell, and convey the personal property acquired by funds arising through or from the corporation of the town of Cochran, but all realty so acquired can only be sold and conveyed by the corporation of the town of Cochran. Board empowered to receive, sell, etc., school property SEC. X. Be it further enacted, That said board shall keep a regular set of books, in which shall be entered all moneys and other property, real or personal, by them received, when received, from whom received, and for what purpose, and there shall also be entered upon said books all moneys paid out, the amount, when paid, to whom paid, and for what purpose paid, backed by proper vouchers, and of all other property disposed of by them, when disposed of, to whom, and for what purpose. These books shall be at all times open to the inspection of the mayor and aldermen of the town, and any citizens thereof. Said board shall each be personally liable to the corporation of the town of Cochran, for any funds given into the hands of said board for public schools, and by the board used for any other purpose than the public schools. Books to be kept by board. Liability of members of board. SEC. XI. Be it further enacted, That said board shall annually, on or before the first Monday in August of each year, present, in writing to the mayor and aldermen of the town, a full itemized bill of particulars, showing all receipts and expenditures by them during the last past school year, ending July 31st, accompanied with the proper vouchers. Reports by board. SEC. XII. Be it further enacted, That the said board shall, from time to time, and also whenever [Illegible Text] by the corporate authorities of the town, furnish to the mayor and aldermen of the town an estimate of the amount of the funds required for the support and maintenance of said schools, and shall, on or by the first Monday in August of each year, make a written report to the mayor and aldermen of Cochran, giving therein an estimate of the amount needed for the schools for the next scholastic year, and stating

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therein the condition of the school property and the schools themselves, showing the number of pupils in attendance, with such other information and recommendation as they may deem proper, and which report shall be published, if the mayor and aldermen so direct. Said board shall, as soon as practicable after their appointment, furnish to the mayor and aldermen an estimate of the amount of money, properly itemized, needed by them to establish, support, and maintain said schools for ten scholastic months. Estimates of amounts required for schools, etc. SEC. XIII. Be it further enacted, That all officers elected by said board shall hold their offices at the pleasure of the board, who may remove or suspend such officers whenever the board deem it best so to do, and the action of the board shall be final and not appealable from. Terms of officers chosen by board. SEC. XIV. Be it further enacted, That no member of said board shall be eligible to the office of mayor or aldermen or to the position of superintendent or teacher in said school, and no member of said board shall receive any compensation for his services on said board, except he be secretary or treasurer, as herein provided for. Disqualification of members of board. Compensation. SEC. XV. Be it further enacted, That the board shall fix such compensation for both the secretary and treasurer as they deem right and proper to be paid out of the school funds in their hands, but such compensation must be fixed prior to the election of these officers, and shall not be changed during the time the person elected holds the office. The terms of office of the secretary and treasurer shall be such a period as the board may fix, with the right vested in the board to change the term whenever they see fit so to do. Compensation of secretary and treasurer. Terms of office. SEC. XVI. Be it further enacted, That the public schools herein provided for shall be run for a period of not less than five nor exceeding ten scholastic months in each year. School term. SEC. XVII. Be it further enacted, That all the children between the ages of six and eighteen years who bona fide reside within the corporate limits of said town with their parents, guardians, or natural protectors, as the case may be, and whose parents, guardians or natural protectors also bona fide reside within the corporate limits of said town of Cochran, and when such child or children and parents, guardian, or natural protector have so resided for six months next preceding the application to enter said schools, shall be entitled to the benefit of said schools, and no such child or children shall be required or compelled to pay any tuition for such course of studies as are not provided by law in the public schools of the several counties of the State; but said board may, in their

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discretion, require each child in said town entering said schools to pay an incidental fee not to exceed fifty cents per month, and a matriculation fee not exceeding five dollars per year, payable in whole or in installments as [Illegible Text] board may require; and said board may admit children of like ages into said schools, whose parents, guardians or natural protectors do not reside within said corporate limits, upon such terms and regulations and upon the payment of such tuition, matriculation fee, and incidental expenses or other fees, as the board may in their discretion prescribe from time to time. Said board may also provide for the admission of pupils under six and over eighteen years of age into said schools, whether residents of the town or not, on such terms and conditions as the board shall from time to time prescribe; provided , that a residence of six months of pupils of school age in said county shall not be required in order that said pupils may receive the benefit of the school fund for the public school term; provided further , that no incidental or matriculation fee shall be charged to any pupil of school age in said county during the public school term. Pupils, etc. Incidental and matriculation fees. Children of non-residents. Pupils not of school age Residence required, etc. SEC. XVIII. Be it further enacted, That all sums of money derived from tuition, matriculation fee, and incidental expenses shall become a part of the fund for the support and maintenance of said schools, and be so used and accounted for. School fund. SEC. XIX. Be it further enacted, That under no circumstances shall any white child be admitted into or taught in a colored school, nor any colored child be admitted into or taught in a white school, but said schools are to be forever kept entirely distinct and separate. Separation of races. SEC. XX. Be it further enacted, That if at the election herein provided for the vote shall be in favor of public schools, then the mayor and aldermen of said town of Cochran are hereby authorized and empowered to assess, levy, and collect annually a tax in addition to that now allowed by law, not to exceed one-half of one per cent. on the taxable property of said town, and which shall be used solely and exclusively for the purpose of establishing and maintaining said schools for a period of not less than five nor more than ten scholastic months in each year, or to paying the bonds hereinafter provided for and the accruing interest thereon, and providing furniture, apparatus, grounds, and building for said schools. This tax shall be collected by the first of January of each year after the same is assessed and levied, and turned over to the board of education of said town to be used for the purposes aforesaid. School tax.

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SEC. XXI. Be it further enacted, That all the net proceeds arising from issuing license to retail spirituous liquors within the town of Cochran shall constitute a part of the public school fund of said town, and as such shall be by the mayor and aldermen of said town turned over to the Cochran board of public education to be used for said purpose as in this Act provided. The mayor and aldermen shall also have the right, if they see fit to exercise it, to appropriate such special taxes collected by said town from any source whatever to the support and maintenance of said schools. Fund from liquor licenses. From special taxes. SEC. XXII. Be it further enacted, That authority is hereby granted to the trustees of any school, white or colored, now in said town of Cochran, or that may hereafter be in said town, to turn over and legally convey any school property, real or personal, that they hold to the Cochran board of public education for the public schools of said town, and all property so turned over and conveyed by the trustees of a white school shall be used exclusively for the establishing, support, and maintenance of the public schools for white children in said town, and all property so turned over and conveyed by the trustees of any colored school shall be used exclusively for the establishment, support, and maintenance of the public schools for colored children in said town. Property held by trustees of present schools, etc., may be conveyed to board. Use of. SEC. XXIII. Be it further enacted, That moneys arising from, furnished or collected by the corporation of the town of Cochran under this Act for the establishment, maintenance, and support of said public schools, shall be paid over to the Cochran board of public education upon said board giving bond with good security, payable to the corporation of the town of Cochran, in such sum as the mayor and aldermen may fix, conditioned for the faithful application of all said funds in establishing and maintaining the public schools in this Act provided for; provided , it shall be optional with the mayor and aldermen to exact such bond, or not, as they may deem best. School funds to be paid to board. Bond for. SEC. XXIV. Be it further enacted, That the board of education of Pulaski county shall not establish or open any school within the corporate limits of Cochran, nor have any authority or voice in the management of the schools therein established under the provisions of this Act by the Cochran board of public education. County board no authority over. SEC. XXV. Be it further enacted, That the county school commissioner of Pulaski county shall pay over to the Cochran board of public education the pro rata share of the State and county school fund to which said town is entitled according to the number of children of school age residing within the corporate limits of said town, increased

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by the number of children in said county between the ages of six and eighteen attending said schools, said town being hereby declared to be entitled to the same proportion of said school fund as the total number of children of public school age residing within the corporate limits of the town increased by the number of children of said county of public school age attending said public schools bears to the total number of children of school age residing within the limits of Pulaski county, as shown by the last school census. The amounts so to be paid shall be paid at such times as the teachers of the county are paid, and when paid shall be expended by said board for the support and maintenance of the public schools of Cochran. Pro rata of State school fund. SEC. XXVI. Be it further enacted, That before this Act shall become operative and go into full force and effect, it shall be submitted to the qualified voters of said town of Cochran to determine whether or not said public schools shall be established and maintained, and to this end the mayor and aldermen of said town shall, within thirty days from the passage and approval of this Act, order an election in conformity with the provisions of article VIII., section IV., paragraph I. of the Constitution of this State on the question of local taxation to establish and support said system of public schools, of which four weeks' notice shall be given, signed by the mayor and clerk of council and published in any public gazette of said town, and if none in said town, then in the newspaper of said county in which the sheriff advertises, and also posted at three or more public places in said town in addition to this newspaper advertisement, and which election shall be held at the council chamber of said town under the same rules and regulations and qualifications as are required for the [Illegible Text] of mayor and aldermen. Those in favor of public schools and local taxation therefor shall have written or printed on their tickets for public schools, and those opposed shall have written or printed on their tickets against public schools. The managers of said election shall make return of the result of said election by ten o'clock A. M. of the day succeeding the election, to the mayor and aldermen of said town, who shall, at 12 o'clock M. of the same day succeeding said election, or as soon thereafter as practicable, meet and open said returns and declare the result thereof, and which result shall be entered upon the minutes of the council. If two-thirds of the qualified voters of said town measured by the number of votes cast at the last general election for mayor and aldermen of the town shall be for public schools, then this Act shall take effect immediately, and the mayor and aldermen shall forthwith proceed to carry it into effect

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by assessing, levying, and collecting the tax, electing the board of education and doing all those things herein required of them for the establishment of said schools. Should this Act fail of adoption at said election, the mayor and aldermen may submit the same to another election under the same rules, regulations, and qualifications, after the expiration of six months, and so continue to submit it until the same is favorable to the adoption of the Act; provided , elections shall not be had therefor oftener than once in every six months, and it shall be the duty of the mayor and aldermen to order elections on the written request of fifty freeholders until the result is for public schools, provided the elections are six months apart. Election as to adoption of this Act. Notice of. Conduct of. Ballots. Returns Declaration of result, etc. When this Act to take effect, etc. Subsequent elections. SEC. XXVII. Be it further enacted, That for the purpose of enabling the Cochran board of public education to purchase, lease, or rent suitable real estate, and to purchase, build, or repair suitable buildings for public schools, and to supply the same with furniture, apparatus, appliances, and conveniences provided for in this Act, the corporation of the town of Cochran are hereby authorized and empowered to issue bonds of said town in a sum not exceeding fifteen thousand dollars, the same to be signed by the mayor of Cochran and attested by the clerk of council under the corporate seal of said town, and of denominations not less than fifty dollars nor more than five hundred dollars each, and to bear interest at the rate of not exceeding seven per cent. per annum, payable annually at such time and place as the mayor and aldermen may determine. Said bonds to be known as public school bonds of the town of Cochran, and to become due and payable at such time and place, not exceeding thirty years after the same are issued, as the mayor and aldermen may fix and determine. Said bonds shall have coupons attached to them for each installment of interest, which coupons shall also be signed by the mayor of the town and clerk of the council, and the principal and interest coupons shall be paid at maturity. Said bonds, when so issued by the corporation of the town of Cochran, to be sold, hypothecated, or negotiated in such manner and in such sums and at such times as may be for the best interest of the town and the objects of this Act, but not for less than par value; and only so much of the same shall be issued, sold, hypothecated, or negotiated as the board of education may require for the purposes specified herein, and the mayor and aldermen may deem right and proper and necessary. Before issuing said bonds the question of issuing the same shall be submitted to the qualified voters of the town of Cochran, on a day to be designated by the mayor and alderman, notices of which shall be published in a newspaper published in said town if

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any, and also in the newspaper in which the sheriff advertises for the county of Pulaski, and published for four weeks before the election. No person shall vote at said election who is not qualified to vote for mayor and aldermen of the town. All persons favoring the issue of said bonds shall have written or printed on their ballots for issuing bonds, and all opposed shall have written or printed on their ballots against issuing bonds; and if two-thirds of the qualified voters of said town, according to the provisions of section 508(l) of the Code of Georgia of 1882, shall be for issuing bonds, the mayor and aldermen of [Illegible Text] town shall issue said bonds, and for the purpose of providing for the payment of the interest on the bonds so issued and negotiated, as well as for the payment of the principal, and the right to call in or retire said bonds in time and manner as above provided for, shall be inserted on the face thereof. The proceeds of said bonds shall, when issued, sold, hypothecated, or negotiated as herein provided for, be turned over to the Cochran board of public education to be applied by said board to leasing or purchasing suitable lots and buildings, or lots and erecting buildings thereon for said public schools, and furnishing and equipping the same, and for no other purpose shall said proceeds be used. Should the vote be against issuing the bonds, the mayor and aldermen are hereby authorized to order other elections upon the same after the lapse of six months between said elections, and such election shall be by the mayor and aldermen ordered on the written petition so to do of thirty freeholders in said town, provided said elections shall be six months apart. School bonds. Amount, etc. Rate of interest. Maturity. Coupons. Sale of bonds. Election as to issue of bonds. Use of proceeds Subsequent elections. SEC. XXVIII. Be it further enacted, That the elections to determine whether bonds shall be issued or not shall be separate and distinct from all other elections in said town, and when due the mayor and aldermen are hereby authorized, empowered, and required to assess, levy, and collect such tax annually upon the taxable property in said town as will be necessary to carry out the provisions of this section and the payment of the principal and interest of said bonds, which tax shall be separately assessed, levied, and collected for the specified purpose herein designated, and shall not be used for any other purpose whatever; and said mayor and aldermen shall also provide a sinking fund for the payment and redemption of said bonds as the same shall become due, and any money remaining in hand received and collected by taxation under this Act after the payment of the maturity bonds and interest coupons for such year, shall be held as a part of the sinking fund for the payment of the bonds and interest next thereafter maturing. The corporation of the town of Cochran shall have the right, after

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the expiration of five years, to retire one-half of said bonds, and at the expiration of ten years to retire the other half of said bonds, and said bonds shall be issued in the name of the corporation of the town of Cochran at [Illegible Text] times. Elections as to bonds to be separate from all others. Tax to pay bonds, etc. Sinking fund. Retirement of bonds, etc. SEC. XXIX. Be it further enacted, That the mayor and alderman may, in their discretion, prior to any election hereafter had under the provisions of this Act, order a registration of the persons qualified to vote at such election, which registration shall close ten days prior to the day of the election, said registration to be made by the clerk of council; and no person shall be allowed to register who is not a bona fide resident of said town, and who is not otherwise qualified to vote in the general election of said town. A list of the persons registered for said election shall be posted at the council chamber door of said town for five days prior to said election. It shall be lawful for any taxpayer of the town to contest the legality of the registration of any voter by filing notice thereof with the mayor of said town, with the grounds thereof, and not less than three days before the election. The mayor and aldermen shall immediately proceed in a summary way to hear such contest, after giving notice to the person whose right to register is contested, and shall have the right and power to direct the names of such person or persons found to be illegally registered to be stricken from the registration list, and the decision of the mayor and aldermen shall be final and conclusive, and not appealable from. Said registration list so made shall be conclusive as to who are the qualified voters of said town and entitled to vote at said election. The clerk of the council shall, on or before the day of any election held under this Act, and before the polls are opened, furnish to the superintendent of said election a list of the persons registered for said election arranged in alphabetical order. Any person who shall vote at any election held under this Act, who is not entitled to vote, shall be guility of a misdemeanor, and on conviction shall be punished as prescribed in section 4310 of the Code of Georgia of 1882. Registration of voters. Registration lists, etc. Illegal voting. SEC. XXX. Be it further enacted, That each and all elections held under this Act shall be held under the rules and regulations as govern the elections of mayor and aldermen, except that no person shall be allowed to vote at any election held under this Act who is not specially registered for said election. The superintendents of said elections shall make returns to the mayor and aldermen, who shall open said returns in open session at 12 o'clock M. on the next day succeeding the election, or as soon thereafter as possible, and declare the result, which shall be entered on the minutes of the proceedings of the mayor and aldermen of said town. Rules as to conduct of elections. Election returns, etc.

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SEC. XXXI. Be it further enacted, That no funds arising from bonds issued under section 26 of this Act, except the sums set apart for the payment of the principal and interest on said bonds, shall be paid out by the treasurer for the town, except upon such claims for property purchased, leased, or rented, or work done as shall have been audited by the board of education and approved by the mayor and council and aldermen of said town; and it shall be the duty of the mayor and alderman to examine each account or claim submitted to them for approval, and unless satisfied of its correctness, it shall be the duty of the mayor to call a meeting of the council of said town, and to notify the board of education of the time and place of [Illegible Text] meeting to decide upon the correctness or justness of such claim, and the decision of the mayor and alderman shall be final and conclusive. Payments by [Illegible Text] Aditing accounts, etc. SEC. XXXII. Be it further enacted, That in case of the [Illegible Text] out of any epidemic [Illegible Text] contagious disease, the board shall have power to stop and prevent any child that has been exposed to it, or liable to contract it, for such time as said board may deem prudent and safe. Protection of schools from disease. SEC. XXXIII. Be it further enacted, That if any question as to the right of any child to enter said schools shall arise, and the decision of the board is not satisfactory, there may be an appeal to the mayor and aldermen entered by the parents, guardian, next friend, or natural protector of such child, within five days from the decision of the board; the appeal to be in writing, and the mayor and alderman shall, as speedily as possible, hear and determine said appeal, giving both sides, the appellant and the board, notice of the time and place of hearing, and the decision of the mayor and alderman shall be final and conclusive. Appeals from decisions of board. SEC. XXXIV. Be it further enacted, That all moneys raised by the corporation of the town of Cochran from taxation, bonds, or otherwise, shall be used only in paying the tuition of children between those ages, and in those branches or studies to which the public school laws of the State would entitle them in the public schools of the several counties, and pupils having studies not provided for by the public school laws of the State are liable to pay such tuition and fees therefor as the board may prescribe. Use of school funds. SEC. XXXV. Be it further enacted, That the child of no person shall have the benefit of said public schools who fails or refuses to pay all taxes assessed against him or her by the corporation of the town of Cochran, and which he or she is legally liable for. Tax must be paid to entitle to benefit of schools. SEC. XXXVI. Be it further enacted, That all assessment of taxes, and all funds arising or collected under this Act, shall be by

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the corporate authorities of the town of Cochran, be kept separate and distinct from other assessments and collections of said town, and are to be used solely for the purpose herein designated; and the mayor and aldermen shall have kept a separate, full, and distinct itemized account, showing all moneys raised and received, when and how, and from what, and the disposition of the same, to whom, when, and for what paid. School funds to be kept separate. 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 November 26, 1895. COHUTTA, TOWN OF INCORPORATED. No. 44. An Act to incorporate the town of Cohutta, in the county of Whitfield; to define the corporate limits thereof; to provide a municipal government for said town; 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 the town of Cohutta, in the county of Whitfield, be, and the same is, hereby incorporated as a town, under and by the name of the town of Cohutta. Name of. SEC. II. Be it further enacted, That the corporate limits of said town shall be as follows: The figure or shape of said town shall be a perfect square, the respective sides of which shall run due east and west, and north and south, and each side of which square shall be one mile in length, and the center of which said square shall be at that point where the middle line of the public road crosses the middle line of the main line of the Southern Railroad track at or near the place where the depot and telegraph office now stands. Corporate limits. SEC. III. Be it further enacted, That the municipal government of said town shall consist of a mayor and five aldermen, who are hereby constituted a body corporate under the name and style of the mayor and council of the town of Cohutta, and by that name and style shall have perpetual succession, and by said name shall be capable to sue and be sued in any court of law or equity in this State; to plead and be impleaded, and to do all other acts relating to their corporate capacity; and shall be in law capable to purchase, hold, receive, enjoy, and possess, to retain to them and

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their successors, for the sole use and benefit of said town of Cohutta, in perpetuity or for a term of years, any estate, real or personal, within the limits of said town, and to sell, exchange, or lease the same in any way whatever. Corporate name. General corporate powers. SEC. IV. Be it further enacted, That on the second Wednesday in December, 1895, and annually thereafter on the same day, an election shall be held in said town for said mayor and five aldermen, who shall hold their offices for one year and until their successors are elected and qualified, and in these officers the corporate powers of said town shall vest. At any such election any justice of the peace of the county and two freeholders resident of said city, or in the absence of a justice any three freeholders resident of said city, and who are not candidates, may act as managers of said election, and shall conduct the same 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 for their respective offices, which certificates shall be held to be the highest evidence of the election of such officers. Municipal elections. Conduct of. Certificates of election. SEC. V. Be it further enacted, That the qualified voters of said town shall be all such persons as are qualified to vote for members of the General Assembly for said county, and who shall have worked upon the streets of said city the number of days they have been required to do during the year in which such election may be held, or paid commutation tax in lieu [Illegible Text], according to the laws and ordinances of said city, and all city tax, and who have bona fide resided in said town for thirty days previous to the election whereat they shall offer to vote, and any person who is entitled to vote is qualified to hold office under the charter. Qualifications of voters. For office. SEC. VI. Be it further enacted, That said mayor and aldermen shall, before entering upon the duties of their respective offices, 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 aldermen) of the town of Cohutta according to the best of my ability; so help me, God. Oath of office. SEC. VII. Be it further enacted, That said mayor and aldermen shall have power and authority to elect such marshals, clerks, and other subordinate officers as may be deemed necessary for carrying on the powers herein granted, and to prescribe the duties and compensation of such officers, [Illegible Text] require of them such bonds as they may deem necessary. Said mayor and aldermen shall also have authority and power to fix and regulate by ordinance the compnesation of themselves, which shall not be increased during their term of office. Subordinate officers. Compensation of mayor and aldermen.

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SEC. VIII. Be it further enacted, That said mayor and aldermen shall have power and authority to make and pass all ordinances, by-laws, rules, and regulations that may seem necessary for the good government, peace, order, and health of said town, and for the enforcement of all powers herein granted; provided , they are not repugnant to the Constitution and laws of the State of Georgia or the United States. Ordinances, etc. SEC. IX. Be it further enacted, That said mayor and aldermen shall have power to levy a tax not to exceed one-half of one per cent. on all property, real or personal, subject to State tax, within the corporate limits of said town. They shall also have power and authority to require all persons subject to road duty, under the laws of this State, to work on the streets, alleys, and sidewalks of said town, but they may receive in lieu of said work such commutation fee as said mayor and aldermen shall prescribe. Ad valorem tax. Street work. SEC. X. Be it further enacted, That said mayor and aldermen shall have power to assess and collect such a business or license tax as they may deem proper upon all kinds of business carried on within the limits of said corporation; also, on all shows, exhibitions, or performances, on all billiard, pool, and other tables for playing at games; and all establishments of the like character in said town for amusement and gain. License tax. SEC. XI. Be it further enacted, That said mayor and aldermen shall have power and authority to provide for the arrest, trial, and punishment of offenders against any ordinance, by-law, rule, or regulation of said town by fine or imprisonment, or work on the streets of said town; provided , said fine shall not exceed one hundred dollars, and such imprisonment not exceed thirty days. Arrest and punishment of offenders. SEC. XII. Be it further enacted, That said mayor and aldermen shall have power and authority to elect a mayor pro tem. , who shall perform all the duties of the mayor when for any cause he cannot be present to execute the duties of his office. Also, to fill any vacancy that may occur in the office of mayor or alderman or any subordinate offices of said town. Mayor pro tem. Vacancies. SEC. XIII. Be it further enacted, That said mayor and aldermen shall have power to lay out, open, and abolish streets and alleys in said town, extend and change the same, as the public interest may require, by paying the owner just compensation for the property taken for such purposes. Streets, alleys, etc. SEC. XIV. Be it further enacted, That said mayor and aldermen shall have power to provide by ordinances, for the collection of all taxes, moneys, and fines due said town, by execution to be issued by the mayor and levied by the marshal thereof. Collection of amounts due town.

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SEC. XV. Be it further enacted, That said mayor and mayor pro tem. shall be ex officio justices of the peace in criminal matters, and shall have full authority to issue warrants for any offense committed within the corporate limits of said town, and shall have power to compel the attendance of witnesses, to examine them under oath, to admit any offender to bail, or commit him to jail for the violation of the laws of the State, and to admit to bail or commit to the guardhouse for the violation of any of the ordinances of said town. Mayor and mayor pro tem. magistrates. SEC. XVI. Be it further enacted, That said mayor and aldermen shall have authority to license and tax all shows, tenpin alleys, billiard and pool tables, and other like devices, and all contrivances used for the purpose of gaming or carrying on any game of chance by selling cards, tickets, or numbers, or by using any other article or contrivance. Shows, tenpin alleys, etc. SEC. XVII. Be it further enacted, That the mayor of said town, and in his absence the mayor pro tem. , shall be chief executive officer. He shall see that the ordinances, by-laws, rules, and regulations of the council are faithfully executed. He shall have control of the police of said town, and may appoint special police when he may deem it necessary. 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 immediate payment, he may imprison the offender in the guardhouse of said town not exceeding thirty days, or require such offender to work on the streets of said town. Duties and powers of mayor. 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 3, 1895. COLUMBUS, CHARTER OF AMENDED. No. 2. An Act to amend an Act approved November 29th, 1890, entitled 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 authority of the same, that the caption of an Act approved November 29th, 1890, entitled an

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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, be, and the same is, hereby amended by inserting after the word corporation and before the word and in the last line of said caption, the following words, to wit: To give said corporation police jurisdiction over all the territory lying within the State of Georgia, and within one mile and a half of the present limits of said city, so that, when amended, the caption of said Act shall read as follows, to wit: An Act to create a new charter for the city of Columbus, and to consolidate and declare the rights and powers of said corporation, to give said corporation police jurisdiction over all the territory within the State of Georgia, and within one mile and a half of the present limits of said city, and for other purposes. Caption of Act of Nov. 29, 1890, amended. As to police jurisdiction. Caption as amended. SEC. II. Be it further enacted by the authority aforesaid, That section nine, of said Act, approved November 29th, 1890, be amended by inserting between the word year and the word and, in the sixteenth line thereof, the following words, to wit: Unless said mayor and aldermen shall deem it advisable to, and do by ordinance, change the time when said officers shall enter upon the discharge of their duties; in which event it shall be lawful for said mayor and aldermen to fix the terms of office of such officers for such a time as may be necessary to conform to such ordinance, so that said portion of said section, when amended, shall read as [Illegible Text] The terms of all and each of said officers shall be one year, unless said mayor and aldermen shall deem it advisable to, and do by ordinance, change the time when said officers shall enter upon the discharge of their duties; in which event it shall be lawful for said mayor and aldermen to fix the terms of office of said officers for such a time as may be necessary to conform to such ordinance. Sec. 9 amended. Terms of [Illegible Text] officers. Section as amended. SEC. III. Be it further enacted by the authority aforesaid, That section ten (10) of said Act, approved November 29, 1890, be amended by adding at the end of said section the following proviso, to wit: Provided, nevertheless , that said mayor and board of aldermen shall have power to order a special registration of the voters of said city for any special election to be held for the purpose of passing upon any proposed issue of bonds, said registration to be held under the same rules and regulations that govern annual registrations, and at which special election no person shall be allowed to vote unless he shall have registered under said special registration, so that said section, when amended, shall read as follows: Sec. 10 amended. Registration for special elections. Section 10. Be it further enacted by the authority aforesaid, That the clerk of council, or any one appointed in his place by the

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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 the 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 [Illegible Text] may hereafter be prescribed by the mayor and aldermen; but [Illegible Text] 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 voters, designating the ward in which they reside at the time of their registry, and shall, within five days after said list is closed, publish in the newspaper in which the proceedings of the council are published for the current year, or in handbill 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; provided, nevertheless , that said mayor and board of aldermen shall have the power to order a special registration of the voters of said city for any special election to be held for the purpose of passing upon any proposed issue of bonds, said registration to be held under the same rules and regulations that govern annual registrations, and at which special election no person shall be allowed to vote unless he shall have registered under said special registration. 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 November 15, 1895.

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CONYERS, WATER-WORKS AND ELECTRIC LIGHTS FOR. No. 200. An Act to amend the various Acts chartering the city of Conyers, so as to authorize the authorities of said city to establish and maintain water-works and electric lights in said city of Conyers, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That the various Acts chartering the city of Conyers be, and the same are, hereby amended, so as to authorize and empower the mayor and aldermen of said city to establish and maintain a system of water-works and electric lights in and for said city, for the purpose of furnishing and supplying water and lights to said city and the inhabitants thereof, and to do any and all things necessary for said purposes, to contract with any person or persons for the purchase of lands for plants, and for the erection, establishment and maintenance of said plants, and for the furnishing of water and electric lights by said municipal corporation to said city and its inhabitants, for such just and reasonable compensation as may be agreed on by the parties at interest, and to adopt such ordinances, rules, and regulations as may be necessary or proper to carry out the true intent and meaning of this Act. Authority to establish and maintain. Contracts for land, plants, etc. Ordinances, etc. SEC. II. Be it further enacted, That for the purposes mentioned in this Act, the mayor and aldermen of said city are hereby authorized and empowered to contract for and condemn any lands [Illegible Text] or out of said city, for the purpose of establishing and maintaining of said system of water-works and electric lights; provided , just and adequate compensation be first paid therefor. Condemnation of land. SEC. III. Be it further enacted, That for the purposes of establishing and maintaining said water-works and electric light plants for said city of Conyers, the mayor and aldermen thereof are hereby authorized and empowered to levy and collect annually a tax, in addition to that now allowed by law, not to exceed one dollar on one hundred dollars, on the taxable property of said city. Tax. Amount of. SEC. IV. Be it further enacted, That the said mayor and aldermen are hereby authorized to make such contracts with the inhabitants of said city and other persons, for the use of the water and lights, on such terms as to them (said mayor and aldermen) shall seem reasonable and just. Contracts for use of water and light. SEC. V. Be it further enacted, That before this Act shall go into effect, it shall be submitted to the qualified voters of said city election

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to be held in said city, under such rules and regulations as the mayor and aldermen of said city may prescribe; and if two-thirds of the qualified voters of said city voting at said election favor water-works and electric lights for said city, the result shall be declared in favor of the same, and this Act shall take immediate effect, and the authorities of said city of Conyers shall take all necessary and legal steps to carry out the provisions and purposes of this Act. Election as to the adoption of this Act. SEC. VI. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 16, 1895. CORDELE, PUBLIC SCHOOLS FOR. No. 180. An Act to amend the charter of the city of Cordele, in the county of Dooly, so as to authorize the establishment of a system of public schools in said city; to provide revenue for the maintenance of same, and to authorize the issuing of bonds of said city by the corporate authorities thereof for the building and equipping suitable school buildings in said city, and for other purposes. SECTION I. Be it enacted by [Illegible Text] General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That the mayor and council of the city of Cordele are hereby authorized to levy a tax annually in addition to that now authorized by law, not to exceed one-half of one per cent. on the real and personal property in the city of Cordele, for the purpose of establishing and maintaining a system of public schools in said city; provided , the money so raised by taxation shall be used only for school purposes as in this Act set forth. School tax. SEC. II. Be it further enacted by the authority aforesaid, That the mayor and council of said city be, and they are, hereby authorized and empowered to issue bonds of said city in such sums and at such times as they may see proper, not to exceed the aggregate sum of fifteen 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 issue thereof, as said mayor and council shall determine, and bear interest not to exceed seven per cent. per annum, said bonds to be sold, issued, and hypothecated for the purpose of purchasing, building, completing, and equipping public school buildings in aforesaid city. Bonds. Maturity, etc. Rate of interest. Purpose.

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SEC. III. Be it further enacted by the authority aforesaid, That the mayor and council of said city are hereby authorized and empowered to levy, assess, and collect annually, a sufficient tax upon and from the taxable property in said city, real and personal, to pay the principal and interest of said bonds as they shall become due. This 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. 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 the mayor and council as a sinking fund for the payment of the bonds and interest maturing next year. Tax to pay bonds. Interest coupons. Sinking fund. SEC. IV. Be it further enacted, That the said bonds be signed by the mayor and clerk of the council of said city, and negotiated, sold, and hypothecated in such manner and in such sums and at such times, as the mayor and council may determine for the best interest of said city 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 the mayor and council of said city in building, purchasing, and equipping suitable public school buildings in said city, upon such terms and in such localities as the trustees of said school, appointed as hereinafter designated, may deem best for said city and school. Signature and sale of bonds. Use of proceeds. SEC. V. 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 city, and issuing bonds of said city with the proceeds of which to purchase, build, and equip public school buildings of said city, shall be separate and distinct questions, to be voted upon separately at the same or different elections, as the mayor in his discretion may order, and shall not go into effect or become operative until the question of establishing public schools in said city and the issuing of said bonds shall have been submitted to a vote of the qualified voters of said city, under regulations adopted by the mayor and council of said city and approved by a two-thirds vote of the persons qualified to vote at an election or elections held for that purpose in accordance with the Constitution of this State, which said election or elections shall be held under an order of the mayor, and shall be advertised for twenty days immediately preceding such election or elections at the city hall in said city, and in the Cordele Sentinel , a newspaper published in said city; provided , that the mayor shall have provided, at

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the expense of said city, the votes to be cast in said election or elections, having written or printed on them For public schools and Against public schools, For bonds and Against bonds. If the questions submitted at said election or elections shall be decided affirmatively in accordance with the terms of this Act, it shall be the duty of the corporate authorities of said city to levy or collect a tax, and issue and dispose of the bonds of said city in accordance with the various sections of this Act in relation thereto, but should the questions, or either of them, be decided negatively at such election or elections, the effect shall be only to suspend the various sections of this Act in relation thereto. Elections as to establishment of school, and issue of bonds to be separate. Regulations as to. Ballots. Result of elections. SEC. VI. Be it further enacted by the authority aforesaid, That if at said election, or any future election under section V. 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 III. and V. of this Act, it shall be the duty of the mayor of said city, upon the written application of twenty-five qualified voters of said city, to order another election, which shall be held as required by this Act. Subsequent elections. SEC. VII. Be it further enacted by the authority aforesaid, That any election held under this Act shall be governed by the same rules and regulations as the elections held for mayor and aldermen of the city of Cordele. General rules as to elections. SEC. VIII. Be it further enacted by the authority aforesaid, That whenever at an election held to decide whether public schools shall be established in said city, the same shall be decided affirmatively by a two-thirds vote of the qualified voters of said city as required by section V. of this Act, it shall then be the duty of [Illegible Text] mayor to call an election as early as practicable by the citizens of said city, under the same rules and regulations as elections are now held in said city, to elect seven trustees from among the citizens of said city, three of whom shall hold their office one year, two for two years, and two for three years, from the date of their election. After said election all vacancies occurring in said board by expiration of term of office or otherwise, shall be filled by nomination or election by the remaining members of said board, subject to the approval of the mayor and council. All elections to fill vacancies caused by terms of members expiring after the said first election by the mayor and council shall be for three years; the members of said board of trustees shall be male citizens of Cordele, twenty-one years of age, and of good moral character; provided , that neither the mayor nor aldermen of said city shall be eligible to membership in said board. School trustees Terms of office. Vacancies Qualifications for office. Neither mayor [Illegible Text] aldermen eligible.

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SEC. IX. Be it further enacted by the authority aforesaid, That said board of trustees, when elected as provided for in section VIII. of this Act, shall have authority to establish and, from time to time, modify a system of public schools for the city of Cordele. Said board shall have authority to purchase and rent buildings, appurtenances, and furniture for school purposes, employ teachers, to suspend or discharge them for good cause, to prescribe the terms upon which students are to be received in said schools, and to establish such rules, regulations, and by-laws as they may deem right and proper in maintaining a system of public schools in said city; provided , said regulations are not inconsistent with the Constitution and laws of this State; provided further , that the money raised by this Act, or which said board may receive by authority of this Act, shall only be used in giving instruction to children between the ages of six and eighteen. Said board of trustees shall have authority to admit students in said schools who do not come within the required ages, but such students, upon coming into the school, must pay such fees for tuition as said board may determine as proper. Authority of board of trustees. School age, etc. SEC. X. Be it further enacted by the authority aforesaid, That the officers of said board of trustees shall consist of a president, vice-president, and secretary. The treasurer of the city of Cordele shall be ex officio treasurer of said board. Said officers, except the treasurer, shall be elected in such manner and at such time as said board of trustees may determine, and said board shall prescribe the duties of its officers. Officers of board of trustees. SEC. XI. Be it further enacted by the authority aforesaid, That so long as public schools are maintained in the city of Cordele, the school commissioner of the county of Dooly is hereby authorized and required to pay over to the treasurer of said board, for the use of the public schools, under such rules and regulations as said board may prescribe, the proportion of the common school fund arising from any source belonging to said city, to be by them expended in the establishment and maintenance of the said public schools, as authorized and directed by the Constitution and laws of this State. Pro rata of State school fund. SEC. XII. Be it further enacted by the authority aforesaid, That it shall be the duty of the mayor and council of the city of Cordele to levy and collect the taxes hereinbefore provided, and keep a separate account of the same to the credit of the public school fund, which fund shall be subject to the order of said board for the support and maintenance of public schools. Said taxes shall be collected by levy and sale, as provided by the charter and ordinances

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of said city, and no person shall have the benefit of said schools who fails or refuses to pay all taxes assessed against them by said city authorities. School funds to be kept separate. Collection of school [Illegible Text] etc. SEC. XIII. Be it further enacted by the authority aforesaid, That all children whose parents, guardians, or natural protectors have been bona fide residents within the corporate limits of said city for thirty days immediately preceding their application for admission into said schools shall be entitled to the benefit of said schools. The board may also admit children into said schools whose parents, guardians, or natural protectors do not reside within the corporate limits of said city, upon the payment of such tuition fees as the board may deem reasonable and proper. All sums arising from this source shall be used only for the purpose of maintaining said schools. Who entitled to benefit of schools. Children of non-residents. SEC. XIV. Be it further enacted by the authority aforesaid, That said board of trustees shall provide separate schools in which the white and colored children must be taught. Said board are authorized to receive all gifts and donations and appropriate the same to the support and maintenance of the public schools of said city. Separate schools for white and colored pupils. [Illegible Text], etc. SEC. XV. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 16, 1895. COVINGTON, NEW CHARTER FOR. No. 78. An Act establishing a new charter for the city of Covington, to confer additional powers upon the mayor and city council of Covington, 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 inhabitants of the territory now embraced in and known as the city of Covington, located in the county of Newton, State of Georgia, be, and they are, hereby incorporated under the name of the city of Covington, and by that name shall be, and are, hereby invested with all the rights, powers and privileges incident to municipal corporations in this State; and all the rights, powers, titles, property, easements, and hereditaments

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now belonging or in any wise appertaining to said city of Covington, as heretofore incorporated, shall be, and are, hereby vested in the city of Covington created by this Act. And the said city of Covington created by this Act may sue and be sued, contract and be contracted with, plead and be impleaded, have and use a common seal, make and enact through its mayor and councilmen such ordinances, rules, regulations, and resolutions for the transaction of its business and the welfare and proper government of said city as to said mayor and councilmen may seem best and not inconsistent with the laws of the State of Georgia and of the United States. And the said city of Covington shall be capable in law to purchase, hold, receive, enjoy, possess, and retain in [Illegible Text], or for any term of years, any estate or estates, real or personal, lands, tenements and hereditaments of what kind or nature soever within or without the limits of said city, for corporate purposes, and to sell, alien, exchange, or lease the same or any part thereof, or convey the same or any part thereof. Said city of Covington created by this Act is hereby made responsible as a corporate body for the legal debts, liabilities, and undertakings of said city of Covington heretofore incorporated. The corporate limits of said city of Covington shall remain the same as are now established by law. Corporate name and general powers. Corporate limits. SEC. II. Be it further enacted, That the government of said city shall be vested in a mayor and six councilmen, who shall hold their respective offices for one year, or until their successors are elected and qualified. At the first regular meeting of the mayor and councilmen in each year they shall elect one of their number mayor pro tem. , whose term of office shall be for one year. If a vacancy occurs the same shall be filled for the unexpired term. The salary of the mayor shall be two hundred dollars, and of each councilman twenty dollars a year. Municipal government. Terms of office. Mayor pro tem. Vacancies Salary of mayor and councilmen. SEC. III. Be it further enacted, That on the third Monday in December after the passage of this Act, there shall be an election held at the courthouse in said city, and on the same day annually thereafter, for a mayor and six councilmen. Should there, for any cause, fail to be an election at the time specified, or should any vacancy occur from death, removal from the city, or other cause, the mayor and council, or the council, if the vacancy aforesaid be as to the mayor's office, shall order an election to be held and shall post a notice of the time of such election at the courthouse door in said city for at least ten days previous thereto. At all such elections the polls shall be opened not earlier than nine o'clock A. M., and shall close at three o'clock P. M. All elections under

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this Act shall be held by a justice of the peace, or ordinary, of Newton county, assisted by two freeholders who are citizens of said city and own real estate therein, or by three freeholders, all of whom shall be citizens of said city and own real estate therein, and each of said managers, before entering on his duties, shall take and subscribe before some officer qualified to administer an oath, or before each other, the following oath: We and each of us [Illegible Text] swear that we will faithfully and impartially conduct this election and prevent all illegal voting to the best of our skill and power, so help us, God. Such elections shall be conducted under the rules and regulations governing elections for members of the General Assembly, except that only two lists of voters and two tally sheets shall be kept. After the polls are closed the managers shall count the votes, declare the result, and certify the same to the mayor and council, who shall record the same on their book of minutes. The managers shall deposit with the mayor all papers pertaining to said election, who shall preserve them unopened for ten days and then destroy them, unless notice of a contest has been filed. All contests shall be conducted as may be prescribed by law. Municipal elections. Conduct of elections. [Illegible Text] [Illegible Text] SEC. IV. Be it further enacted, That persons qualified to vote at such elections, or other elections held under authority of the mayor and council of said city, shall all be persons who are qualified to vote for members of the General Assembly, and who shall have bona fide resided in said city for six months next [Illegible Text] the election at which they offer to vote, and who have paid all taxes lawfully imposed by said city authorities, including street and business taxes for the year in which said election is held; provided , such person shall have complied with such registration law and ordinances as may be adopted by said mayor and council; and said mayor and council are hereby authorized to provide by ordinance for the registration of voters upon such terms as they may prescribe, not inconsistent with the laws of Georgia or of the United States. No person offering to vote at such election, whose vote is challenged, shall be allowed to vote, unless he shall take the following oath, to be administered by any one of the managers: I do solemnly swear, or affirm, that I am a citizen of Georgia, and have attained the age of twenty-one years; that I have resided in the State of Georgia one year and in the city of Covington six months next preceding this election; that I have paid all taxes which, since the adoption of the present Constitution of Georgia, have been required of me, and which I have had an opportunity to pay agreeable to law, except for the year in which this election is held, and that I have not voted in this election, so help me, God.

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Any person voting illegally at any of such elections shall be guilty of a misdemeanor, and on conviction therefor shall be punished as is prescribed in section 4310 of the present Code of Georgia. [Illegible Text] Registration of voters. Challenges. Illegal voting. SEC. V. Be it further enacted, That any citizen of said city who is qualified to vote for mayor and councilmen shall be eligible to hold either office. If any member of the council be elected clerk or treasurer, he may be paid such compensation for his services, as such clerk or treasurer, as the mayor and council may fix. Qualifications for office. Compensation of clerk or treasurer. SEC. VI. Be it further enacted, That within ten days after the election of said mayor and councilmen, and before they enter upon the discharge of their official duties, the mayor shall, before some officer authorized [Illegible Text] administer oaths, take and subscribe the following oath: I do solemnly swear that I will, to the best of my ability, discharge the duties of mayor of the city of Covington during my continuance in office, so help me, God. And the mayor, after being so qualified, shall have full power and authority to administer a like oath to each member of the council. Oath of office. SEC. VII. Be it further enacted, That said mayor and council, at their first meeting, or as soon thereafter as practicable, shall elect the following officers, a majority of the votes cast being in every case sufficient to elect; a marshal, a deputy-marshal, a clerk, a treasurer, a tax-receiver, and a tax-collector. The clerk and treasurer may be elected from their own body, or any other citizen of the city may be elected, and the same person shall be eligible to hold at the same time the offices of clerk, treasurer, tax-receiver, and tax-collector. The mayor and council shall also fix the compensation to be paid these officers, and may take from them such bonds as they may deem proper, conditioned for the faithful discharge of their respective duties. The amount of said bonds shall be fixed by the mayor and council, and said bonds shall be subject to approval by the mayor. Each of said officers, before entering upon the discharge of his duties, shall give bond and shall take and subscribe an oath faithfully to discharge the duties of the office to which he has been elected. Subordinate officers. Compensation and official bonds. Oath of office. SEC. VIII. Be it further enacted, That the mayor and council shall meet for the transaction of business at such times and places as they may prescribe. At all meetings of the mayor and council, the mayor, if present, shall preside, and he may vote in all cases of a tie; he may also vote in all elections for officers who are elected by the board, whether there be a tie or not; the mayor and four members of council to constitute a quorum for the transaction of business. A less number, in the absence of a quorum, may adjourn a regular meeting to a future time. Council meetings. Vote of mayor. Quorum.

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SEC. IX. Be it further enacted, That said mayor and council shall have full power to pass all ordinances, by-laws, and resolutions which they may deem necessary to the good government of said city, the protection of the property, peace, good order, health, comfort, and convenience of the citizens thereof, and to fix suitable penalties for the violation of the same. They may provide for punishing violations of their ordinances, by-laws, or resolutions, by fine, imprisonment in the city prison, or working in the chain-gang on the streets of said city; the fine in no case to exceed one hundred dollars, the imprisonment in no case to exceed ten days, and the sentence to work in the chain-gang not to exceed thirty days, but they may provide for inflicting either or all of said penalties. All the ordinances, by-laws, and resolutions passed by the mayor and council, shall be entered on the minutes by the clerk. Ordinances, etc. Punishment of offenders Ordinances, etc., to be recorded. SEC. X. Be it further enacted, That said mayor and council shall have the superintendence and control of the streets, sidewalks, bridges, and alleys, and of the public square, the parks and cemeteries in said city, and may prohibit or remove all obstructions of, or encroachments thereon, or interference therewith. They are vested with power to open and lay out new streets or alleys, to widen or straighten any of the streets or sidewalks or alleys of the city, and to assess whatever damage any property-holder may incur by reason of such widening or straightening, which damage shall be paid out of the city treasury. If any such property-holder is dissatisfied with the damage so assessed, upon his or her complaint to the board, the question of such damages shall be referred to the arbitrament and award of three arbitrators, one to be selected by the mayor and one by the property-holder, and the third by the other two. A majority of the arbitrators may make an award. Either party dissatisfied with such finding may enter an appeal to the superior court of said county of Newton, by filing with the mayor and council a statement in writing of the case, and the amount of the finding, and that such party desires to enter an appeal; whereupon it shall be the duty of said mayor and council to transmit said statement to the next superior court of Newton county, when the question of damage shall be tried by a jury. Said mayor and council shall also have full power and authority to pave or otherwise permanently improve the sidewalks of said city with whatever material and in whatever manner they may [Illegible Text] proper and best, and to assess one-half the costs of so paving or otherwise improving the sidewalks, including all necessary curbings, on the real estate abutting on the

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sidewalk so paved or otherwise improved, and to enforce the collection thereof shall have power to issue executions against the owner or owners of said abutting property, as city tax executions are issued, and to order a levy on and sale of said abutting property. Streets, sidewalks, etc. Condemnation of property. Improvement of sidewalks. SEC. XI. Be it further enacted, That said mayor and council are hereby vested with power and authority to remove or abate nuisances in any part of said city, whether on the streets or elsewhere, under such rules and in such manner as they may prescribe by ordinance or resolution. Nuisances. SEC. XII. Be it further enacted, That said mayor and council may levy and collect for city purposes a tax not to exceed fifty cents on every hundred dollars value of real estate, stock in trade, and all other property therein that may at the time being be taxable by the laws of Georgia. They may also levy and collect an additional tax, not to exceed three-fourths of one per centum per annum on every hundred dollars value of all such property, for the maintenance of the public schools of said city, as is approved in the Act establishing a system of public schools for said city, approved September 15th, 1887. Said mayor and council shall also have power to levy and collect out of the property aforesaid such additional tax as may be necessary to provide for the payment of the principal and interest of any bonded debt of said city now existing or hereafter to be created by said city. In all cases, the order levying taxes shall be recorded in the minutes of the board, and shall specify for which of the purposes aforesaid it is levied, and how much for each purpose. Ad valorem tax. School tax. Tax to pay bonded debt. Record of ordinances of levying tax, etc. SEC. XIII. Be it further enacted, That said mayor and council shall also have power to fix and collect a special tax, or license, upon all kinds of business, calling, profession, or occupations carried on within the corporate limits of said city; they shall have power and authority to tax, license, regulate, and control all opera houses, livery stables, hacks, drays, and other vehicles used for hire, venduemasters, auctioneers, theatrical performances, shows, circuses, and exhibitions of all kinds, peddlers, and all itinerant traders, except such as are excepted by the laws of this State; every keeper of a billiard, pool, or bagatelle table kept for public use or gain; every keeper of a shooting-gallery, or tenpin alley, or the keeper of any other table, stand, or place for the performance of any game or play, whether played with sticks, balls, cards, dice, rings, or other contrivance; also, any person running a flying-jenny, or flying-horses, bicycles, velocipede, or skating-rinks for gain; all solicitors or canvassers selling goods, wares, or merchandise, by sample or at retail, or to consumers; they shall have power to fix penalties

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against any and all persons carrying on any of said occupations, or exercising any of such privileges, without having first obtained such license and paid the tax therefor. Special taxes. SEC. XIV. Be it further enacted, That said mayor and council shall have power to require every male inhabitant of said city, between the ages of sixteen and fifty years, to work such length of time on the streets of said city as said mayor and council shall direct, and not to exceed twelve days for one year. Said persons so subject to work on the streets shall have the right to relieve themselves of said work by paying a commutation tax, which said mayor and council shall fix by ordinance, and which tax shall, in no event, exceed three dollars for one year; said work to be done, and said commutation tax to be paid, at such times as said mayor and council may direct. Any person subject to work on said streets, who shall fail to work or to pay said tax after being properly notified, may be punished as may be prescribed by said mayor and council. Street working. SEC. XV. Be it further enacted, That in all cases where any taxes, fines, commutation taxes, or license fees are not paid when due, the tax-collector of said city shall issue execution against the delinquents, which execution shall be directed to the marshal of said city and his deputies, and it is hereby made the right and duty of said marshal and his deputies to proceed to levy and collect all such fi. fas. , as in case of fi. fas. issued for State and county taxes. Collection of amounts due city. SEC. XVI. Be it further enacted, That said mayor and council shall have the power to grant license to persons to retail, and sell by retail, spirituous, vinous, malt, or other intoxicating liquors in said city; to grant or refuse license to any applicant as to them may seem best; to prescribe how and in what manner such liquors may be sold; to prescribe such regulations for the management of places where such liquors are sold as to them may seem reasonable and proper. They may require bond in such sum as they may deem best from any dealer in liquors to keep a decent and orderly house, and observe and obey the ordinances, rules, and regulations prescribed by said mayor and council. No person shall sell by retail any of said liquors within said city without first obtaining from the mayor and council a license therefor, for which he shall pay such sum as may be fixed by said mayor and council. If any person holding such license shall violate any law or ordinance of said city in reference to the sale of said liquors, the said mayor and council may revoke his license without refunding the amount paid for such license. Sale of liquors. SEC. XVII. Be it further enacted, That said mayor shall be the chief executive officer of said city; he shall see that all laws,

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ordinances, resolutions, and rules of said city are faithfully executed; he shall have general jurisdiction of the affairs of said city; he shall have control of the police of said city, and may appoint special policemen whenever, in his judgment, it is necessary; he shall have the same power as a justice of the peace, to witness and attest papers, to administer oaths, to issue criminal warrants, and to hold courts of inquiry; he may commit offenders tried before him as a court of inquiry, or may admit them to bail in case where a justice of the peace has power to bail. Duties and powers of mayor. Ex officio a magistrate. SEC. XVIII. Be it further enacted, That there shall be a mayor's court in said city, for the trial of all offenders against the laws and ordinances of said city, to be held by the mayor, in the council chamber of said city, as often as necessary. In the absence or disqualification of the mayor, the mayor pro tem. shall hold said court, and in the absence or disqualification of both the mayor and mayor pro tem. , any three members of the council may hold said court. In holding said court, the mayor, or mayor pro tem. , may associate with him one or more members of the council. Said court shall have the power to preserve order and compel the attendance of witnesses, and punish for contempt, by imprisonment not exceeding ten days, or fine not exceeding ten dollars, either or both. Said mayor shall have full power and authority, upon conviction, to sentence any offender to labor upon the streets or other public works in said city, for a period not exceeding thirty days, or to impose a fine not exceeding one hundred dollars, or to sentence said offender to be confined and imprisoned in the city prison, or other place of confinement in said city, for a period not exceeding thirty days; either one or more of said penalties may be imposed, in discretion of said mayor. Mayor's court. Powers of. Penalties. SEC. XIX. Be it further enacted, That it shall be lawful for the marshal, the deputy-marshal, or any special policeman lawfully appointed, to arrest, without warrant, any and all persons violating the ordinances and laws of said city against drunkenness, rioting, fighting, or other gross or immoral conduct in the limits of said city, and to confine such person or persons so arrested in the city prison until a hearing can be had before the proper officer. Said marshal or policeman shall have power and authority to call to his assistance, to arrest and detain such offenders, the sheriff of the county, or his deputies, or any constable of said county, or any bystander; and such persons, when so summoned, shall be bound to aid and assist said officers, and should they fail to do so, they, or either of them, shall be liable to indictment by the grand jury of said county of Newton, and upon conviction shall be subject

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to a fine of not less than one hundred nor more than five hundred dollars. Arrests, etc. SEC. XX. Be it further enacted, That all persons owning or holding any property within the limits of said city on the first day of April in each year, after the approval of this Act, shall return the same for taxation, under oath, at any time from the first day of April up to and including the first day of June in each year, to the tax-receiver of said city, for taxation. Said city tax-receiver may make the same objection to such tax returns as are allowed by law to the tax-receivers of said State. Tax returns. SEC. XXI. Be it further enacted, That all existing ordinances, rules, and regulations of said city shall be and remain of force and effect until modified, altered, or repealed by the mayor and council of said city. Existing ordinances, etc., remain in force. SEC. XXII. 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, 1895. DAHLONEGA, USE OF STREETS FOR RAILROAD TRACKS, ETC. No. 196. An Act to authorize and empower the mayor and council of the town of Dahlonega, Georgia, to grant to any railroad the use of any of the streets of said town for railroad tracks, rights of way, depot or yard purposes, or other use, in the discretion of said mayor and council. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That the mayor and council of the town of Dahlonega, Georgia, are hereby authorized and empowered to grant, in their discretion, to any railroad, or railroad company, the use of any of the streets of said town for railroad tracks, rights of way, depot or yard purposes, or other use, under such terms, limitations, and restrictions as said mayor and council may impose. Grant of use of streets authorized 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 16, 1895.

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DALTON, CHARTER OF AMENDED. No. 12. An Act to amend the charter of the city of Dalton so as to make it the duty of the clerk of the council to collect all property taxes and license fees and other moneys due the said city, and to require said clerk to enter into bond, payable to the mayor and council in such amount as they may fix, with security by them to be approved; conditioned for his faithful discharge of said duties, and to keep an office and remain therein during such hours as the mayor and council may prescribe for the discharge of his duties, and to authorize the mayor and council to fix the salary of said clerk. SECTION I. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met That the charter of the city of Dalton be, and the same is, hereby so amended as to authorize the clerk of council, and to, make it his duty to collect all license fees and property taxes due and to become due to said city during his term of office. Street taxes, water rents, and fines imposed for violations of city ordinances shall be collected as now provided by law and the ordinance of said city. Collection of taxes etc. SEC. II. Be it further enacted, That the clerk of council shall make a bond payable to the mayor and council of said city and to be approved by them, in penal sum of not less than three thousand dollars, conditioned upon his faithful paying over to the treasurer of the city all moneys by said clerk collected by virtue of his office, and upon the faithful performance of all other duties imposed upon him by law or by ordinances of council, said bond to be signed by at least three solvent sureties, worth each as much as two thousand dollars over and above all exemptions allowed by law. No member of council shall be allowed to become surety on such bond or accepted as such, and no clerk of council hereafter elected shall enter upon the duties of his office until such bond shall be made and approved and delivered to the mayor and council. Bond of clerk. Sureties on, etc. SEC. III. Be it further enacted, That in addition to collecting all moneys due the said city as in this Act provided, said clerk shall do and perform all other duties and services now imposed upon him or that may hereafter be imposed upon him by law or ordinances, and all duties incident to his office as clerk. General provisions as to duties of clerk.

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SEC. IV. Be it further enacted, That said clerk shall have an office in the council chamber of said city, or as near thereto as practicable, and shall keep said office open and remain therein for the transaction of business during such hours of each day, Sunday excepted, as may be prescribed by the mayor and council, and shall not be absent therefrom during such prescribed hours, except for providential cause or by authority of the mayor of said city. Office to be kept by clerk. Office hours. SEC. V. Be it further enacted, That said clerk shall begin to collect the taxes due the city at such times and after such notice as may be prescribed by ordinance, and in collecting such taxes the said clerk shall be governed by ordinances that may be passed by the mayor and council in reference thereto; and the mayor and council are hereby authorized to enact such ordinances for the guidance, direction, and government of the clerk in the matter of collecting license fees, taxes, and other money as they may deem proper and expedient for carrying on the provisions of this Act. When tax collections to begin. Regulations as to such collections. SEC. VI. Be it further enacted, That the clerk shall issue executions against all defaulting taxpayers as now required by law or ordinance, and shall place the same in the hands of the marshal, who shall enforce such executions as directed by statutes and ordinances heretofore enacted or that may hereafter be enacted. Said marshal shall not collect license fees or taxes due said city, except under and by virtue of executions therefor placed in his hands, unless by reason of the clerk's failure to give bond as in this Act provided, or by reason of the clerk's failure to discharge his duties as required by this Act and the ordinances of the city, or for other cause deemed sufficient by the mayor and council. They shall direct the marshal, by resolution, to collect license fees, taxes, etc.; then and in that event, so long as such resolution shall remain in force, the marshal shall be clothed with all the authority and do and perform all the duties herein [Illegible Text] upon the clerk in reference to collecting license fees and taxes. Tax executions, etc. SEC. VII. Be it further enacted, That said clerk shall be paid for his services rendered under and by virtue of this Act and for all other services he may render as clerk, an annual salary to be fixed by the mayor and council, not to exceed five hundred dollars, and he shall have no other compensation by way of fees or perquisites of office or otherwise for such services. Compensation of clerk. SEC. VIII. Be it further enacted, That all laws and parts of laws in conflict with this Act are hereby repealed. Approved November 22, 1895.

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DALTON, REGISTRATION OF BUSINESS IN. No. 49. An Act to amend the charter of the city of Dalton, so as to authorize the mayor and council of said city to require every person, firm, company, or corporation doing business in said city to register annually his or their trade, calling, business, or profession, in a book to be kept by the clerk of the council and to authorize said mayor and council to require every person, firm, company, or corporation engaging in any such business, trade, calling, or profession, except such persons as are engaged in such business, trade, calling, or profession as is now exempt from municipal tax or license by general law, to pay an annual license fee therefor, to be fixed by said mayor and council, and to provide for the collection of the same. SECTION I. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted, That the charter of the city of Dalton be, and the same is, hereby amended, so as to authorize the mayor and council of said city to require every person, firm, company, and corporation, whether resident in said city or not, engaged in, or about to engage in, any business, trade, calling, or profession within the said corporate limits, to register annually their names and their business, trade, calling, or profession in the office of the clerk of the council, in a book to be kept by him for said purpose, at such times and under such regulations as said mayor and council may prescribe by ordinance; and to fix license fees to be paid by the persons, firms, companies, and corporations whose names and business, trade, calling, or profession, are required to be registered under the provisions of this Act. Registration of business required. In a book to be kept by clerk. Regulations for. License fees to be paid. SEC. II. Be it further enacted, That said mayor and council be, and they are, hereby authorized and empowered to arrange and fix a schedule of license fees to be paid annually by persons, firms, companies, and corporations engaged in, or proposing to engage in, any business, trade, calling, or profession, that may be required to be registered under the provisions of this Act; and every person, firm, company, or corporation engaged in, or proposing to engage in, any such business, trade, calling, or profession, except such persons as are engaged in such business, trade, calling, or profession as is now exempt from municipal tax or license by general law, shall pay such license fee as may be fixed by the mayor and

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council for conducting such business in said city, to the clerk of the council, and his receipt therefor shall be a sufficient license for prosecuting such business in said city for one year from the date of such registration. Schedule of license fees, etc. Payment of. SEC. III. Be it further enacted, That in default of the payment of any license fee chargeable and required to be paid under the provisions of this Act, execution shall be issued against the person, firm, company, or corporation making such default, as against a defaulting taxpayer, and such execution shall be enforced in the same manner as tax executions are enforced by the authorities of said city. Executions for. SEC. IV. Be it further enacted, That the mayor and council be, and are, hereby authorized to impose a fine not to exceed one hundred dollars upon any person, firm, company, or corporation who shall engage in or prosecute any business, trade, calling, or profession required to be registered in said city, without paying the license fee therefor; and to enforce such fine by imprisonment of such person, or the members of such firms, or the managing officer or agent of such corporation. Penalty for failure to pay. SEC. V. Be it further enacted, That the mayor and council be, and they are, hereby authorized to designate by ordinance what businesses, trades, callings, and professions shall be subject to license fees, and to provide for carrying out all the provisions of this Act by appropriate ordinances. Designation of business subject to license fees. 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 4, 1895. [Illegible Text] MAYOR PRO TEM. No. 56. An Act to amend the charter of the city of Dalton so as to authorize the mayor and council of said city to elect a mayor pro tem. to perform all the duties and exercise all the powers and functions of the mayor of said city during the absence of mayor from the city, or during his sickness, or when otherwise disqualified. SECTION I. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, That the mayor and council of the city of Dalton be, and are, hereby

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authorized to elect a mayor pro tem. , who shall be known by such designation, and who shall have and exercise all the duties, functions, and powers conferred by law or ordinance upon the mayor of said city when the mayor is absent from the city, and during the sickness or other temporary disqualification of such mayor. Mayor pro tem. Duties and powers of. SEC. II. Be it further enacted, That as soon as practicable after the installation of any mayor of said city the mayor and council may elect a member of council to be mayor pro tem. during the term for which such mayor was elected. Such mayor pro tem. shall take the oath prescribed for the mayor, and thereafter shall have the authority, during the absence of the mayor from the city, or his sickness or other temporary inability to act, to exercise all authority, do all acts, and perform all duties required of the mayor by law or ordinance, and all the acts of such mayor pro tem. done under the provisions of this Act shall be as valid in all respects as if done by the mayor of said city. Election of mayor pro tem. Oath of office, etc. SEC. III. Be it further enacted, That should the office of mayor pro tem. become vacant from any cause, the mayor and council may at their option fill the vacancy by the election of a mayor pro tem. for the unexpired term. Vacancy [Illegible Text] office. SEC. IV. Be it further enacted, That such mayor pro tem. shall be paid for his services as such compensation not to exceed twenty-five dollars, as the mayor and council shall fix. Compensation. SEC. V. Be it further enacted, That the mayor and council by majority vote may at any time and for any cause declare such office vacant, and immediately upon such action being taken the term, duties and authority, and pay of such mayor pro tem. shall cease. Office may be declared vacant. SEC. VI. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved November 16, 1895. DAWSON, ELECTION CITY CLERK. No. 69. An Act to amend the charter of the city of Dawson, Georgia, as set out in section 3, on page 5 of the Code of the city of Dawson, adopted in 1892, changing the same so that the city clerk may be elected by the city council instead of by ballot as set out and provided by law at present, 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

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after the passage of this Act, the charter of the city of Dawson, as found on page 16, chapter 3, section 23 of the Code of the city of Dawson, adopted 1892, be, and the same is, hereby amended by striking therefrom, whenever found in said section, these words: and also a clerk of the council. Be it enacted that the remaining portion of said Act, as approved September 1, 1891, shall remain of full force and effect. Act of Sept. 1, 1891, amended. As to election clerk of council. SEC. II. Be it further enacted by authority of the same, That said section shall be amended by adding thereto the following, which is hereby made a part of said section: After each annual election of the mayor and aldermen of the city of Dawson, and as soon thereafter as is convenient, the mayor shall call a meeting of said aldermen who shall proceed to elect a clerk of council, in the same manner and in the same conditions as other officers are now elected by the city council of Dawson, who shall hold his office on the same terms as govern the clerk of council at present, and that said clerk shall occupy no other official position in the city council of Dawson. When and how clerk to be elected. Term of office, etc. SEC. III. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and are, hereby repealed. Approved December 9, 1895. DECATUR, ELECTION AND TERMS OF MAYOR AND COUNCILMEN. No. 75. An Act to fix the time and manner of electing the mayor and council of the town of Decatur, in the county of DeKalb, and to fix the terms of office of said officers. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act, the mayor of the town of Decatur, in the county of DeKalb, shall be elected biennially. SEC. II. Be it further enacted, That the first election held under this Act shall be held on the second Wednesday in December, 1895, at which time the qualified voters of said town of Decatur shall elect from among the qualified voters of said town a mayor of said town, who shall hold office for a term of two years from the second Wednesday in January, 1896, or until his successor is elected and qualified, and that said qualified voters shall every two years after the second Wednesday in December, 1895, elect a mayor of

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said town of Decatur from among the qualified voters of said town, who shall hold office for a term of two years from the second Wednesday in January next after such election, or until his successor is elected and qualified. First election under this Act Term of mayor Subsequent elections. Official term. SEC. III. Be it further enacted, That at said election on the second Wednesday in December, 1895, six councilmen shall be elected from among the qualified voters of said town, the three councilmen so elected and receiving the highest number of votes to hold office for a term of two years from the second Wednesday in January, 1896, or until their successors are elected and qualified; the other three councilmen so elected to hold office for a term of one year from the second Wednesday in January, 1896, or until their successors are elected and qualified. First election of councilmen. Terms of office. SEC. IV. Be it further enacted, That on the second Wednesday in December, 1896, and on the second Wednesday in December of every year thereafter, the qualified voters of said town of Decatur shall elect from among the qualified voters of said town three councilmen, who shall hold office for a term of two years from the second Wednesday in January next succeeding such election, or until their successors are elected and qualified. Subsequent elections of councilmen. Terms of office. SEC. V. Be it further enacted, That all elections provided for in this Act shall be held by one justice of the peace of the 531st district G. M., or the ordinary of DeKalb county, and two freeholders of said town of Decatur, and the polls shall be kept open from 7 o'clock A. M. until 6 o'clock P. M. Election managers. Election hours. SEC. VI. Be it further enacted, That before proceeding with any election provided for in this Act the superintendents of such election shall 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 ordinaries, justices of the peace, or freeholders (as the case may be); 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 under the laws of this State, nor knowingly prohibit any one from voting who is so entitled by law, and not divulge for whom any vote was cast unless called on under the law to do so, so help me, God; which affidavit shall be signed by the superintendents in the capacity each acts in full, both as to name and station, and not by abbreviation. Oath of managers. SEC. VII. Be it further enacted, That said oath shall be taken before some officer qualified to administer an oath, if present, and if none such is on the spot and acting at the time, then said superintendents may swear each other, and the oath shall be of the same effect as if taken before a qualified officer. Who may administer oath.

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SEC. VIII. Be it further enacted, That if by 10 o'clock A. M. on the day of election there is no proper officer present to hold the election, or there is one and he refuses to act, three freeholders may superintend the election, and shall administer the oath required to each other, which shall be of the same effect as if taken before a qualified officer. When no proper officer present to hold election, or he refuses to act. SEC. IX. Be it further enacted, That all superintendents shall conduct all elections provided for in this Act as follows: Conduct of elections. 1. The vote shall be given by ballot. 2. There shall be kept by the superintendents, or by two clerks under their appointment, two lists of the names of voters, which shall be numbered in the order of their voting, and also two tally sheets. 3. As each ballot is received, the number of the voter on the list shall be marked on his ballot before being deposited in the box. 4. When any voter is challenged and sworn, it shall be so written opposite his name on the list and also on his ballot. 5. The superintendents may begin to count the votes at any time in their discretion, but they shall not do so until the polls are closed if any candidate, in person or by written authority, objects. SEC. X. Be it further enacted, That when all of the votes at any election provided for in this Act shall have been counted, the superintendents of said election shall make out a certificate stating how many votes each person voted for received, which certificate, together with the lists and tally-sheets, shall be signed by all of the superintendents. Certificate as to election. SEC. XI. Be it further enacted, That said certificate, together with one of said lists and one tally-sheet, shall, by said superintendents, be filed with the clerk of council of said town of Decatur not later than the day succeeding said election, and said clerk shall enter the date of filing on each of said papers, and record said certificate on the minutes of council, and keep the same, together with said list and tally-sheet, on file in his office and open to the inspection of any citizen of said town for the space of sixty days. Certificate, list and tally sheet to be filed, etc. SEC. XII. Be it further enacted, That said superintendents shall inclose all of the ballots cast at any such election, together with one of said lists of voters and one tally-sheet, in a large and strong envelope, and, after securely sealing said envelope, write their names across the seal of the same and file said envelope with the clerk of council of said town at the same time that the aforementioned certificate is filed with said clerk, who shall enter the date of filing on said envelope, and keep said envelope in his office for the space of sixty days, when all of said lists and tally-sheets shall

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be destroyed, together with the ballots cast in said election, without examining the contents of said envelope, unless notice of a contest of said election shall be filed with said clerk of council within thirty days from the date of such election, when all of said papers shall be retained by said clerk to be used in such contest. Preservation of ballots, etc. Contests. SEC. XIII. Be it further enacted, That all laws and parts of laws in conflict with the foregoing Act be, and the same are, hereby repealed. Approved December 10, 1895. DECATUR, REGISTRATION AND LICENSE OF BUSINESS. No. 106. An Act to authorize and empower the mayor and council of the town of Decatur, in the county of DeKalb, to provide for the registration and license of every trade, business, calling, avocation, or profession prosecuted or carried on within the corporate limits of 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 from and after the passage of this Act, the mayor and council of the town of Decatur, in the county of DeKalb, shall have 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, avocation, or profession annually, and to require such person, firm, company, or corporation to pay for such registration and for license to engage in, prosecute, or carry on such trade, business, avocation, calling, or profession aforesaid, a sum not to exceed twenty-five dollars per annum. Registration of business may be required. Payment for and for license. SEC. II. Be it further enacted, That said mayor and council shall have power and authority to make all necessary rules and regulations to carry out the provisions of this Act. Power to make rules, etc., for carrying out this Act. SEC. III. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 13, 1895.

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DE SOTO, SALE OF LIQUOR IN PROHIBITED. No. 74. An Act to prohibit the sale of spirituous, alcoholic, malt, or intoxicating liquors within the incorporate limits of the town of De Soto, in Sumter county, to prescribe a penalty therefor, and for other purposes pertaining thereto. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and by the authority of the same, That from and after the first day of April, 1896, it shall not be lawful for any person or persons, firm or corporation, to sell, or offer for sale, any spirituous, alcoholic, malt, or intoxicating liquors within the incorporate limits of the town of De Soto, Sumter county, Georgia. Sale of liquor prohibited. SEC. II. Be it further enacted, That any person or persons violating the provisions of this Act shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished as prescribed in section 4310 of the Code of Georgia. Penalty for. SEC. III. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 10, 1895. DOUGLAS, TOWN OF INCORPORATED. No. 72. An Act to incorporate the town of Douglas, in the county of Coffee, to define the corporate limits of said town, to provide for the election of a mayor and aldermen for the government thereof, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That the town of Douglas, in the county of Coffee, be, and the same is, hereby incorporated as a town under the name of the town of Douglas. Name. SEC. II. Be it further enacted, That the municipal government of said town of Douglas shall consist of a mayor and five aldermen, who are hereby constituted a body corporate under the name of the mayor and council of the town of Douglas, and by that name and style shall have perpetual succession, and by said name

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shall be capable to sue and be sued in any court of law and 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, to retain to them and their successors, for the sole use and benefit of the town of Douglas in perpetuity or a term of years, any estate, real or personal, and to sell, exchange, or lease the same in any way whatever. Municipal government. Corporate name and general powers. SEC. III. Be it further enacted, That the corporate limits of said town shall be as follows, to wit: Beginning at the northeast corner of original lot of land number one hundred and ninety-two (192), in the Sixth district of Coffee county, following the original line of said lot running due south to the branch south of what is now known as the negro quarters of Buck and Downing; then following said branch in a westerly direction to its head; then running a line due west till it intersects with the line forming the western boundary of said town. The northern boundary of said town shall begin at the northeast corner of said lot No. 192, following the northern line of said lot to its northwest corner, continuing a due west course eight hundred yards from said northwest corner. The western boundary shall begin at the termination of the northern boundary and run a due south course till it intersects the southern boundary line, as before described. Corporate limits. SEC. IV. Be it further enacted, That the corporate powers of said town shall vest in said mayor and aldermen, who shall be elected on the third Saturday in December of each year; but if the time of said election shall have passed before the passage of this Act, then the first election under this Act shall take place within sixty days after the passage thereof. Said mayor and aldermen shall hold their offices for one year, or until their successors are elected and qualified. Municipal elections. Terms of office. SEC. V. Be it further enacted, That the said mayor and aldermen shall, before entering upon the duties of their respective offices, subscribe to the following oath, which may be administered by any person in this State authorized to administer oaths: I do solemnly swear (or affirm) that I will faithfully discharge all the duties incumbent upon me as the mayor (or alderman) of the town of Douglas, according to the best of my ability; so help me, God. Oath of office. SEC. VI. Be it further enacted, That the qualifications of the voters at said election shall be such as are required for electors to the General Assembly, and in addition thereto residence within the corporate limits of said town for six months next preceding the election, and the payment of all legal taxes required of them by said corporation. Qualifications of voters.

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SEC. VII. Be it further enacted, That said mayor and aldermen shall have power and authority to elect such marshals, clerks, and other subordinate officers as may be deemed necessary for carrying on the powers herein granted, and to prescribe the compensation of such subordinate officers and to require of them such bonds as they may deem necessary. Subordinate officers. SEC. VIII. Be it further enacted, That said mayor and aldermen shall have power to pass and make all ordinances, by-laws, rules, and regulations necessary for the good government, peace, order, and health of said town, and all the powers herein granted; provided , they are not repugnant to the Constitution and laws of this State or the United States. Ordinances, etc. SEC. IX. Be it further enacted, That said mayor and council shall have power to levy a tax not to exceed one-half of one per cent. upon all property, real or personal, subject to State tax within the corporate limits of said town. They shall also have power and authority to require of all persons subject to road duty, under the laws of the State, to work on the streets, alleys, and sidewalks of the said town, but that they may receive in lieu of said work such commutation fee as said mayor and council shall prescribe, which shall be used only in working the streets, alleys and sidewalks of said town; provided , that no person shall be required to work on said streets, alleys, and sidewalks for more than fifteen days in any one year. Ad [Illegible Text] tax. Street working. SEC. X. Be it further enacted, That said mayor and council shall have power to assess and collect such a business or license tax as they may deem proper upon all kinds of business or occupations carried on in said town; also, on all shows, exhibitions, and performances, on all billiard, pool, or other tables for playing at games and all establishments of like character in said town for amusement and gain; provided , they shall not have power to license the sale of any intoxicating or malt liquors in said town until such persons shall have fully complied with any local option law which may be in force in the county in which said town is situated. Business or license tax. Sale of liquor for [Illegible Text]. 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 the violation of any ordinance, by-law, rule, or regulation of said town, by fine, imprisonment, or work on the streets of said town; provided , said [Illegible Text] shall not exceed fifty dollars, and such imprisonment or work shall not exceed thirty days. Arrest and trial of offenders, etc. Penalties. SEC. XII. Be it further enacted, That at the first meeting of the mayor and council after their election and qualification, it shall be the duty of said body to elect a mayor pro tem. , who shall perform

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all the duties of the mayor when, from any cause, he cannot be present to execute the duties of his office. Mayor pro tem. SEC. XIII. Be it further enacted, That in the event that the office of mayor or alderman, or any subordinate officer of said town, shall become vacant, the said vacancy shall be filled by the said mayor and council. Vacancies in office. SEC. XIV. Be it further enacted, That said mayor and council shall have power to lay out, open, and abolish streets and alleys of said town, extend and change the same as the public may require, by paying the owners just compensation for the property taken for any such purposes; and in the event that the owners of property so taken and the mayor and council cannot agree on the value of the property, then the mayor shall choose one disinterested person and the owner a second; these two, when so selected, shall choose a third person, which shall constitute a board of arbitrators, who shall decide the question of value, the decision of which board shall be final. Streets, alleys, etc. Condemnation of property. SEC. XV. Be it further enacted, That said mayor and council shall have power to provide by ordinance for the collection of all taxes, moneys, and fines due to said town, by executions to be issued and signed by the mayor of said town, or the mayor pro tem. , and the levy of the same by the marshal of said town, upon any real or personal property of the defendant to be found in the county, and said marshal's levies and sales shall be had under the same laws as govern constable's sales in this State, except that all personal property levied on may be sold in said town, and in case any illegality or claim is interposed to such sale, the same shall be returned with all the papers to the justice court in the district in which said town is situated; if real property be levied on, then the said papers shall be returned to the next term of the superior court of said county; provided , that said court is not held within ten days after the filing of said illegality or claim. If held within that time said cause shall be returned to the next succeeding term; provided further , that in all cases where the justice court shall not have jurisdiction, said papers shall also be returnable to the superior court as to said cause. Collections of amounts due the town by execution. SEC. XVI. Be it further enacted, That upon the arrest of any person upon a charge of violating any of its ordinances or by-laws of said town, if it shall appear from the testimony adduced upon the trial of said person that there is probable cause for his detention to answer to the charge of having violated any of the criminal laws of this State, said officer trying said cause shall issue his warrant committing said accused to the common jail of the county

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to answer to the charge preferred by any court of competent jurisdiction in said county; provided , that if said case is one that is bailable by justices of the peace, bail shall be appraised by said committing officer. Commitment to answer for offenses against the State. Bail 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 10, 1895. ELBERTON, NEW CHARTER FOR. No. 193. An Act to reincorporate the town of Elberton, in the county of Elbert; to define its limits, to provide municipal government therefor; to confer additional powers on said town and its authorities; to codify, amend, and supersede all previous Acts incorporating the town of Elberton, and to grant a new charter to said town under the corporate name of The Town of Elberton, 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 town of Elberton, in the county of Elbert, be, and the same is, hereby incorporated under the name and style of The Town of Elberton, 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 the State, may purchase, have, hold, receive, enjoy, and retain to themselves and their successors in office for the use of The Town of Elberton, any estate or estates, real or personal, of whatever kind or nature, within or without the incorporate limits thereof, and may sell or otherwise dispose of the same for the benefit of said town as they may see fit and proper, the mayor by direction of the town council making deed to any property sold or disposed of by said town. Corporate name and general powers. SEC. II. Be it further enacted, That the central point of said town shall be the central point of the present public square, measured from a stone now marking the central point of said public square. Central point of town. SEC. III. Be it further enacted, That the territorial limits of said town shall be one mile in every direction from said central point. Territorial limits. SEC. IV. Be it further enacted, That the municipal government of said town shall consist of a mayor and five councilmen, a secretary and treasurer, both of which last named offices may be filled

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by the same person or by different persons, and whether said offices be filled by the same persons or different persons, there shall be a bond given of such sum as may be prescribed by the council for each of said officers, payable to the town of Elberton; all of whom shall be elected annually on the days fixed by ordinance, and hold their offices for one year and until their successors are elected and qualified; each of whom shall take an appropriate oath provided by ordinance before entering upon the duties of their respective offices, which oath may be administered by any person authorized to administer oaths under the laws of this State. That the council may appoint or elect such other subordinate officers as may become necessary at any time for the enforcement of the provisions of this charter or any ordinance passed by said council in pursuance of the rights and powers herein conferred, all of which subordinate officers as may be thus appointed or elected shall be deemed and held to be lawful officers of this State and of the town of Elberton. All subordinate officers, or such as are elected or appointed by the council, shall hold their office at the will of the council and receive such salary as may be fixed by the council; each of whom shall take an appropriate oath before entering upon the discharge of their respective duties, and shall give such bond as the council may require. Municipal government. Bond of secretary and treasurer. Elections and terms of office, etc. Other subordinate officers. SEC. V. Be it further enacted, That the present officers of said town, to wit: T. O. Tabor, mayor; P. M. Hawes, B. B. Braswell, H. S. Brewer, W. C. Presley, and S. M. Pickens, councilmen, and W. B. Henry, secretary and treasurer, be, and they are, hereby declared to be lawful officers of said town under this charter until the second Wednesday in December, 1895 (and until their successors are elected and qualified), when an election shall be held for their successors under the laws of the State applicable and under such further rules and regulations as may be by ordinance adopted, and an election to be held annually thereafter, on the same day, unless changed by ordinance, which the town council may do; provided , such change does not have the effect to lengthen the term of office at the time the change is made. The day of election may be changed, but the term of office of all officers of said town shall be one year from their election and until their successors are elected and qualified, except in case of election to fill a vacancy, in which case it shall be until the next regular election. Present officers to hold until new election. Municipal elections. Terms of office. SEC. VI. Be it further enacted, That at the first meeting of the town council after their election and qualification, they shall elect one of their number as mayor pro tem. who shall be the presiding officer of said town council at all the deliberations, and shall be allowed a vote on all questions whether there be a tie or not, and

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who shall also, in the absence or disqualification of the mayor, exercise all the functions of the office of mayor, in all and every particular whatever; and all the duties, powers, rights, and privileges conferred by this charter upon the mayor may, and shall be, exercised by the mayor pro tem. in the absence or disqualification of the mayor, without being specially conferred on the mayor pro tem. by this charter; that the council, including the mayor pro tem. , shall constitute the legislative body of said town, any three of whom shall constitute a quorum for the transaction of any and all business, but no ordinance shall be declared passed and become the law of the town unless it receives at least three votes in favor of its passage. Mayor pro tem. Quorum of council. Vote necessary to pass ordinances. SEC. VII. Be it further enacted, That the legislative body of said town shall provide by ordinance the manner of holding elections, as well as to 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 the United States. Regulations as to municipal elections. SEC. VIII. Be it further enacted, That if any vacancy should occur in either of the offices provided for in this charter, the 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 town corporation, or conviction of a crime involving moral turpitude in any of the courts of the State, shall vacate the office held by the person so removing or convicted. Vacancies in office. SEC. IX. Be it further enacted, That the mayor, and in his absence the mayor pro tem. , and in the absence of both any one or more members of the council, may hold the mayor's court for the trial of offenders against the laws of the town, and may exercise all the powers conferred by this charter upon the mayor, and may punish for any violation of a town law by a fine not exceeding one hundred dollars, imprisonment in the calaboose or the county jail, by permission of the county authorities, not exceeding sixty days, work on the street chain-gang or other public or private works, under the supervision of the chief of police or the marshals of the town, not exceeding sixty days, one or more, or all 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, imprisonment, or work in the manner already described in this section not exceeding fifty days, one or both, at the discretion of the trial court. There may be an appeal in any case from mayor's court to council, and judgments therein may be reviewed by certiorari to the superior court of Elbert county. Mayor's court. Penalties. Contempts. Appeals.

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SEC. X. Be it further enacted, That the mayor of said town shall be ex officio a justice of the peace so far as to authorize him to administer oaths, attest deeds, mortgages, or any other instrument or paper which a justice of the peace is authorized by law to attest; to issue, warrants for offenses committed within the corporate limits of said town against any law or ordinance of said town or of this State, and when the offense is against the State the mayor may hear evidence and commit to jail or take bond for appearance before the State court having jurisdiction of the offense as a justice of the peace could do; if the offense charged in the warrant be one against the laws or ordinances of the town, the arresting officer shall carry the accused before the mayor's court and none other, and shall there be disposed of as other cases of arrest not made under warrant. All warrants issued by the mayor, or those acting in his stead, shall be directed to the chief of police of Elberton, or any marshal thereof, and to all and singular the sheriffs, doputy-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 State have to execute criminal warrants. Mayor ex officio justice of the peace. Mayor's warrants. SEC. XI. Be it further enacted, That the mayor, or those holding the mayor's court in his stead, shall have power and authority to subp[oelig]na witnesses to attend the mayor's court under the same rules and regulations that regulate and govern the superior courts of this State, to compel their attendance, and to punish any witness who has been subp[oelig]naed and failed to attend, under the provisions for contempts already provided for in this charter. Attendance of witnesses. SEC. XII. Be it further enacted, That the authorities of said town shall have power and authority to condemn and appropriate, as hereinafter provided, private property for public use; to lay off and open new streets, alleys, lanes, or other ways for the convenience of the public or any citizen of said town; to vacate, close, alter, widen, curb, pave, and keep in good order and repair all streets, avenues, alleys, lanes, sidewalks, cross-walks, drains, sewers, and gutters, for public or private use; to improve and light the streets, public parks, and grounds; to furnish water and lights for private use, and to charge therefor, to keep all public grounds, streets, sidewalks, cross-walks, avenues, alleys, lanes, or other ways free from obstructions of any kind; to regulate the width of sidewalks and cross-walks on the streets; to grade and change the grade of any and all streets, sidewalks, cross-walks, avenues, alleys, lanes, or other ways, without any liability for damage therefor; to require adjacent land owners to curb, pave, and improve sidewalks at their own expense, under the direction of the authorities of said town, and

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upon failure of the landowners to do so, the authorities of said town may have such work done and collect the cost thereof from the adjacent landowners by execution as other taxes are collected. Power to condemn private property. Streets, sidewalk, etc. Lights, water, etc. Curb, paving, etc, of sidewalks, etc. SEC. XIII. Be it further enacted, That whenever it is desired by the authorities of said town to appropriate private property to public use, and do not procure the same from the owner or owners thereof by contract or purchase, the title to such property may be acquired upon paying or tendering the owner or owners thereof, or to his, her, its, or their legally authorized representative, just and reasonable compensation for the property desired and sought to be appropriated to public use, which compensation, when not otherwise agreed upon, shall be assessed and determined in the following manner, to wit; As now provided by the general law of the State on this subject. How private property may be condemned. SEC. XIV. Be it further enacted, That the town council of said town shall have power and authority to regulate by ordinance the keeping markets, and condemn, in the manner prescribed by ordinance, all meats, vegetables, or other articles of food whatever, which, after inspection, are found to be unwholesome and unfit for food, and shall have the power to seize and destroy all such articles of food as shall be condemned by the inspector, and may punish any person or persons who sell, or offer for sale, any such articles of food in the town; and to enforce this provision the inspector or officers of the town shall have the right, without warrant, to enter any place of business or other place where there is reason to suspect that such articles of food are being sold or offered for sale, and to condemn, seize, and destroy the same, or otherwise dispose of it as may seem best to said officers. Markets SEC. XV. Be it further enacted, That the town council of said town shall have power and authority to establish fire limits for said town, and to change the same from time to time, and to regulate and prescribe the material and the manner of building houses therein, to establish a system of building inspection, and to condemn all such buildings and other structures as are dangerous to the public safety or the safety of any citizen, and to have the same made safe or removed at the expense of the owner or owners thereof; and upon failure of the owner or owners of such condemned structures to make them safe or remove them, the town authorities may have the same done and collect the expense thereof by execution against the owner or owners, as other executions are collected. The authorities of said town shall also have power and authority to prevent injury or annoyance to the public or individuals from anything dangerous, offensive, or unwholesome; to prevent dogs, hogs

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cattle, sheep, horses, mules, goats, asses, and all other kind of animals and fowls of all kind from going at large in said town or in any prescribed territory therein, and to regulate the keeping of all such animals and fowls on private lots in said town; to protect places of divine worship; to abate, or cause to be abated, anything which, in the opinion of the authorities or officers of said town, is a nuisance; to regulate the keeping and selling of dynamite, gunpowder, kerosene, and all other hazardous or combustible articles of merchandise; to guard against danger or damage by fire; to regulate or prohibit the operation of blacksmith shops or other businesses that endanger the property of others in said town or any prescribed territory therein; to regulate the running of steam engines, whether for factories, furnaces, cotton gins, cotton seed mills, mills, sawmills, planingmills, or any other kind of machinery, propelled by steam engines, within the corporate limits of the town; 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 establish quarantine and regulate the same, and to regulate the burial of the dead in said town. Fire limits. Building inspection etc. Animals and fowls running at large. Protection of worship, etc. Steam engines. Vehicles, etc. Burial of the dead. SEC. XVI. Be it further enacted, That the town council of said town shall have power to contract debts and issue bonds of said town under and in accordance with the limitations provided in the Constitution of the State and the general laws of the State, applicable to municipalities, and with the funds arising from the sale of any bonds thus issued may refund any existing debt; establish and maintain a system of water-works, a system of lights, erect public buildings, or any other improvements, convenience, or necessity for the use of the citizens of said town, and to create a debt and issue bonds of said town for any other purpose under the limitations herein stated. Municipal bonds. Use of proceeds. SEC. XVII. Be it further enacted, That the town council of said town shall have full power and authority to provide the manner of giving in taxes of said town, to appoint three citizens of said town, who are freeholders thereof, as tax-assessors of said town, whose duty it shall be to place a just, fair, and equitable valuation on the property within the corporate limits of said town subject to town taxes, whether given in for taxes by the owner thereof or not, to equalize and adjust the tax returns of all owners of poperty within said town; the said board of assessors to give to any citizen or property owner an opportunity to appear before them and make objection to the valuation placed by them upon any piece of property, and if in the judgment of said assessors the valuation first fixed be too high, they may change the same, but in all cases the decision

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of the assessors after the property owner has appeared before them, or had notice to appear before them, shall be final. Publication in any newspaper published in said town, ten days before the day fixed for hearing complaints, shall be deemed sufficient and legal notice under this section. Tax returns. Tax-assessors. SEC. XVIII. Be it further enacted, That the town council shall have full power and authority to levy a special tax, not exceeding ten mills on each dollar, as street tax, and expend the same in opening and improving streets, sidewalks, cross-walks, alleys, lanes, avenues, public parks, and grounds; also, to levy and collect a tax upon all and every species of property in said town subject to State and county tax; upon banking and insurance capital employed in said town; upon brokers and factors, upon each and every business, calling, trade, or 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 theatrical performances, shows, and exhibitions for gain, or any kind of profit in said town; to tax all itinerant traders or peddlers, all venders of patent medicines, drugs, books, nostrums, or devices of any kind; to tax 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 the constitutional or statutory limitations, shall be in the nature of a license, which must be paid in advance if doing business or carrying on the trade or occupation, or canvassing or offering for sale any of the articles above set forth, and the 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 the requirements of said council, made in reference thereto. Street tax Other taxes. Doing business without license. SEC. XIX. Be it further enacted, That the town council shall have power and authority to provide by ordinance when the taxes of said town shall fall due, and the mayor, or person acting in his stead, shall have power and authority to issue tax executions for all taxes that have not been paid on or by the day fixed when they shall be paid, which executions shall be directed to the chief of police and all and singular the marshals of Elberton. Said tax executions, when issued, shall be placed in the hands of the chief of police or some marshal of said town, whose duty and authority it shall be to levy the same upon any property, real or personal, within the corporate limits of said town; if the execution be for a sum less than a hundred dollars and the property levied upon personal property, the same may be advertised, as constable's sales are

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now advertised, by posting the advertisement in three or more places in said town, one of which shall be at the courthouse door where the mayor holds his courts; if the execution be for a [Illegible Text] greater than one hundred dollars, or the levy be upon real estate, the same shall be advertised by the levying officer under the same terms and under the same regulations and in the same paper that the sheriff's advertisements for the county of Elbert are made. The deed of the chief of police or marshal making the sale under executions by the town authorities shall pass the title to the property sold to the purchaser, as completely and as absolutely as the deed of the defaulting taxpayer would have done; provided, however , that any person whose property has been sold for taxes shall be allowed to redeem the same by paying to the purchaser, at any time within twelve months from the date of the sale, the full amount of his bid, with ten per cent. premium thereon; that the officer making the levy under executions issued by the authorities of said town shall have full power and authority to take bond for the forthcoming of personal property levied upon by them, payable to themselves, which bonds may be sued upon by such officer for the use of the term in any court having jurisdiction of the person and subject-matter of such bond, and the levying officer of such executions shall receive costs for their services as follows: If the execution is less than one hundred dollars, the costs allowed constables shall be received by them; if the execution be greater than one hundred dollars, the costs allowed sheriffs shall be received by them. Tax executions. Levy of. Advertisements and sales under. Redemption of property. Forth-coming bonds. Costs. SEC. XX. Be it further enacted, That should an affidavit of illegality be filed to an execution issued by the authorities of said town (which may be done under the same rules that prevail in State courts), or any property levied upon be claimed by a person not a party to the execution, said claim shall be interposed under the same rules, restrictions, and regulations that govern claim cases in the courts of the State, and such claims and illegalities shall be returned for trial to the justice court or notary's public court that is held in the town of Elberton, or the city court, or superior court of Elbert county, the one having jurisdiction, as the case may be. Illegality. SEC. XXI. Be it further enacted, That the authorities of said town shall have the power and authority to regulate the sale of spirituous liquors within the limits of said town, where not inconsistent with the laws of said State, to fix the price of and to grant license for the sale thereof in any quantity, and to punish for the unlawful sale of spirituous liquors in said town, when not inconsistent with the laws of this State; to prevent the keeping of

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spirituous liquors for unlawful purposes within said town, and to punish therefor; shall have power and authority to enter without warrant and to inspect any place of business or other place in said town, where there is reason to suspect that spirituous liquors are kept therein for unlawful sale, and to seize and hold such articles and things as may be found therein, to be used as evidence of a violation of any ordinance of said town or law of the State. Sale of liquors, etc. SEC. XXII. Be it further enacted, That the town council of said town shall have power and authority to require all persons within the corporate limits of said town, subject to road duty under the laws of this State, to work on the streets of said town, or they may fix a commutation tax, which may be paid in lieu of work on the streets. Street working. SEC. XXIII. Be it further enacted, That all Acts and amendments of Acts heretofore passed to incorporate and confer powers in said town, and all laws and parts of laws in conflict with this Act, be, and the same are, hereby repealed. Approved December 16, 1895. FORSYTH, BUSINESS TAX IN. No. 195. An Act to amend an Act entitled an Act to consolidate, amend, and codify the various Acts incorporating the city of Forsyth, in the county of Monroe, and the various Acts amendatory thereof, approved March 5th, 1875, so as to allow the mayor and council of said city to levy and collect a tax on all professions, businesses, and callings carried on in said city, whether the persons engaged in the same live within or without the corporate limits of said city. SECTION I. Be it enacted by the General Assembly of Georgia, That the mayor and council of the city of Forsyth, in the county of Monroe, shall have authority, in addition to the ad valorem and specific taxes provided for by an Act entitled an Act to consolidate, amend, and codify the various Acts incorporating the city of Forsyth, in the county of Monroe, and the various Acts amendatory thereof, approved March 5th, 1875, to make such assessments and levy such taxes on the inhabitants of said city, who engage in, or offer, or attempt to engage in any profession, business, or calling in said city, and on such persons as live without

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the limits of said city, but who engage in, or attempt, or offer to engage in any profession, business, or calling within the limits of said city, as said mayor and council may deem expedient for the safety, benefit, convenience, and advantage of said city. Authority to impose business tax. SEC. II. Be it further enacted by the authority aforesaid, That if any person or persons shall fail or refuse to pay the tax or assessment imposed, according to this Act, the said mayor and council shall have authority to proceed to collect same in the manner and by the means pointed out in the original Act of which this Act is amendatory. Failure to pay tax. SEC. III. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with the provisions of this Act be, and the same are, hereby repealed. Approved December 16, 1895. FORSYTH, CORPORATE LIMITS CHANGED. No. 101. An Act to amend an Act entitled an Act to consolidate, amend, and codify the various Acts incorporating the city of Forsyth, in the county of Monroe, and the various Acts amendatory thereof, approved March 5th, 1875, so as to fix the corporate limits of said city as a circle with a radius of one mile, with the courthouse as a center, 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 consolidate, amend, and codify the various Acts incorporating the city of Forsyth, in the county of Monroe, and the various Acts amendatory thereof, approved March 5th, 1875, be, and the same is, hereby amended, by inserting between the words Georgia and that, in the second line of the first section, the following words, to wit: That the corporate limits of the city of Forsyth shall be a circle with a radius of one mile, with the courthouse as a center, so that said section, when amended, will read as follows: Section 1. Be it enacted by the General Assembly of the State of Georgia, That the corporate limits of the city of Forsyth shall be a circle with a radius of one mile, with the courthouse as a center. That the mayor and aldermen of said city shall be known by the corporate name of the mayor and council of the city of Forsyth, and by said name may sue and be sued; may have and use a common seal, purchase-take,

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hold, and repair, and possess to themselves and their successors in office, for the use and benefit of said city, real and personal property, exchange or sell and convey the same, when and in such manner as they may deem best for said city, and to make all contracts in their corporate capacity, which they may deem best for the welfare of said city; provided , the purchase, exchange, or sale of real estate is not to be made until the same is ratified by a majority of the legally qualified voters of said city, at an election to be held under such regulations as may be prescribed by the mayor and aldermen of said city; provided , that the corporate limits shall not be extended until the question of extension has been submitted at an election to be held for that purpose, at which election all male persons twenty-one years old and over residing in the limits proposed to be added, shall be allowed to vote, and at said election persons favoring the extension shall have on their ballots the written or printed words For extension, and those opposed to extension shall have written or printed on their ballots Against extension. The managers of every election held under this Act shall make returns to the mayor and city council of Forsyth, who shall declare the result of the election, and if at any election held under this Act a majority shall vote for extension, the managers of said election shall so declare, and in ten days thereafter this Act shall go into effect, and the corporate limits be extended. The managers of said election shall be freeholders and voters, residing in the limits proposed to be added, and shall be appointed by the city council of Forsyth. Said election shall be held under the rules governing elections in the city of Forsyth not in conflict with this Act, and shall be held at such places and times, and on such notice as the city council may direct; provided further , that the first election to be held under this Act shall not be held until after the city council shall have had marked out the limits of the proposed extension. Sec. I of Act of March 5, 1895, amended. Corporate limits. Section as amended. Election as to adoption of this amendment. Ballots, etc. Returns. Result of election. Election managers. Conduct of election. When first election to be held. 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, 1895. GRAYSVILLE, CORPORATE LIMITS CHANGED. No. 217 An Act to amend an Act to incorporate the town of Graysville, in the county of Catoosa, and to extend the corporate limits of the town of Hartwell, in Hart county, and for other purposes, approved August 23d, 1872. SECTION I. Be it enacted by the General Assembly of Georgia,

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That from and after the passage of this Act that section 11 of said Act shall be so amended as to add thereto the following, except that the boundaries of said town shall only extend to the Chickamauga creek, where said creek comes within the limits of said incorporated boundaries, so that said section, when so amended, shall read: That the said town of Graysville is hereby incorporated, and the limits of said incorporation shall extend one-fourth () of a mile east, west, north, and south, in said town, from the railroad depot, located in said town, except that the boundaries of said town shall only extend to the Chickamauga creek, where said creek comes within the limits of said incorporate boundaries. Sec. II of Act of Aug. 23, 1872, amended. Corporate limits. 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 16, 1895. GUYTON, PUBLIC SCHOOLS FOR. No. 38. An Act to establish a public school system for the town of Guyton, in Effingham county, Georgia, to provide for raising revenues to maintain said school, to authorize and require the county school commissioner to pay to the corporate authorities of said town of Guyton such part of the State school fund as may be the pro rata share of all the children attending said school, to provide for acquiring property and buildings for said school, and for other purposes. SECTION I. The General Assembly do enact, That from and after the passage of this Act there shall be established in the town of Guyton, in the State of Georgia, a system of public schools, to be established, conducted, maintained, and supported, and provided for in the manner prescribed in this Act. System of schools to be conducted. SEC. II. Be it further enacted (the corporate authorities of the town of Guyton so recommending), That the mayor and aldermen of the said town of Guyton, in Effingham county, are hereby authorized and empowered to levy and collect, annually, in addition to that now authorized by law, a tax not to exceed one eighth of one per cent. on the taxable property of said town, for the purpose of establishing and maintaining public schools in said town; provided , that the money so collected shall be used only for the purposes herein set forth. School tax.

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SEC. III. Be it further enacted, That all children, whose parents, guardians, or natural protectors reside bona fide within the corporate limits of said town of Guyton and in Effingham county, shall be entitled to the benefits of said schools, but the white and colored children entitled to said benefits shall be taught in separate schools. Who entitled to benefit of schools. White and colored children to have separate schools. SEC. IV. Be it further enacted, That said mayor and aldermen shall provide for the appointment or election of a board of managers for said school, and shall define the duties of said board, and the mayor and aldermen shall have full power and authority to employ teachers for said schools, fix their salaries, select series of textbooks, make rules for the government of said schools, and do and perform all acts and things necessary and proper for the purpose of carrying out the purpose of this Act, and may delegate such power as they may deem proper to the board of managers aforesaid, not inconsistent with this Act. School board. Teachers, etc. SEC. V. Be it further enacted, That the schools provided for in this Act shall be kept open and free during the public term, which shall be designated each year as the public term, as required by law, and all the children in said town, and in Effingham county, between the ages of six and eighteen years of age, whose parents are bona fide residents of said town or county, shall be entitled to the benefits of said schools under such regulations as the board may prescribe. Said board may also provide for the admission of children whose parents, guardians, or natural protectors are not residents of said town. After the expiration of said public term, the mayor and aldermen of the town of Guyton shall be empowered to charge each pupil entering said schools such rates of tuition as they may deem reasonable and just; provided , nothing contained in this Act shall prevent said mayor and aldermen from exacting reasonable rates of tuition from all pupils entering said schools not entitled to the benefits derived from the public school fund. School term. Children of non-residents. Charge for tuition after school term. Tuition from non-residents, etc. SEC. VI. Be it further enacted, That the said mayor and aldermen shall make, or cause to be made, a full and complete list of all pupils in attendance upon said schools (between the ages of six and eighteen years) who reside in said county of Effingham, and forward the same to the county school commissioner on or before the 31st day of December, 1895, and annually thereafter. That the county school commissioner shall pay directly to the mayor and aldermen of the said town of Guyton quarterly the pro rata part of the State school fund due the town of Guyton, to be estimated according to the ratio that the school population of said town bears to the school, population of said county, as shown by

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the list of pupils furnished the county school commissioner by the mayor and aldermen of said town as aforesaid, and also the amount of said State school fund due to non-resident children attending said school, as shown by the list furnished the county school commissioner by the mayor and aldermen as aforesaid. Pro rata of State school fund. SEC. VII. Be it further enacted, That the mayor and aldermen of said town are hereby authorized and empowered to receive and hold in trust for the use of said schools any grant or donation, whether of money or property, made by any person or corporation for the benefit of said school, and may at any time so alter their rules and regulations as to conform to any condition required for the acceptance thereof; provided , they are not contrary to the laws of this State. Donations for schools. SEC. VIII. Be it further enacted, That before this Act shall take effect and be operative, the mayor of said town of Guyton shall order an election, giving at least ten days' notice thereof by posting notices at three or more public places in said town, to ascertain the sense of the qualified voters of said town, under the provisions of the Act, as to whether or not public schools shall be established and maintained in said town. The voters at said election shall have printed or written on their ballots the words public school or no public school, and if at said election two-thirds of the voters shall cast their ballots for public schools, then said mayor and aldermen shall proceed to levy and collect a tax, and establish and maintain a school as provided in this Act. Said mayor and aldermen (provided a majority of the legal voters of said town shall so petition) may order another election as provided in this section, but no more than one election under this section shall be had every twelve months. Election as to adoption of this Act. SEC. IX. Be it further enacted, That all elections held under this Act shall be under the same rules and regulations that govern the election for mayor and aldermen in said town, and the qualification of the voters at said elections shall be the same as for mayor and aldermen in said town. The managers at said elections shall count the ballots and declare the result thereof, which result shall be certified by the managers and, together with all the papers, turned over to the mayor and aldermen of said town, who shall keep a record of the same. Regulations as to elections. SEC. X. Be it further enacted, 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 upon conviction thereof in a court competent to try him shall be punished as prescribed in section 4310 of the Code of 1882. Illegal voting.

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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 December 2, 1895. GUYTON, CHARTER OF AMENDED. No. 39. An Act to amend an Act incorporating the town of Guyton, to define the qualification of voters therein, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act that section 5 of the Act incorporating the town of Guyton, in Effingham county in said State, approved October 24, 1887, be, and the same is, hereby amended by striking out after the words A. D. 1888 in paragraph 3, the words on the same day in each year thereafter, and also to strike out after the word year, in paragraph 4 of said section, the words one of which months must be next preceding the election, and also to add after the words General Assembly, in the same paragraph, the words in said State, so said section, when so amended, shall read as follows: Sec. 5 of Act of Oct. 24, 1887, amended. Time of holding municipal elections. Qualifications of voters. Be it enacted, That the first annual election for mayor and aldermen of said town of Guyton, after the passage of this Act, shall be held on the first Tuesday in September, A. D. 1896, and on the same day every two years thereafter. The voters at said election shall be bona fide residents in said town, and who reside therein three months in the year preceding the election, and who are otherwise qualified to vote for members of the General Assembly in said State, and who, if required, shall make oath to the said qualification, and all persons exercising the elective franchise under this Act shall be subject to all lawful requirements of the mayor and aldermen of said town. 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 2, 1895.

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HAPEVILLE, CHARTER OF AMENDED. No. 214. An Act to amend an Act to incorporate the city of Hapeville, approved September 16th, 1891, so as to provide as follows: To authorize persons convicted of violating the city ordinances to be sentenced to the Fulton county chain-gang, to provide for working the streets of said city, for a commutation tax in lieu thereof, and for the punishment of street defaulters, and providing for other and further amendments to said Act of September 16th, 1891. 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 of the city of Hapeville (or in case of his absence or disability 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 shall have power to punish said offenders when convicted, by fine or imprisonment, or labor on the streets or public works of said city, or by labor in Fulton county chain-gang, or by fines and labor in the city or Fulton county chain-gang, or fine and imprisonment; in either case the sentence of the court may be in the alternative, that is, so much fine or imprisonment, or so much fine or labor on the city streets or other public works, or in the Fulton county chain-gang; but in no case shall fine be more than five hundred dollars, or the imprisonment or labor more than ninety days; if such offenders are sentenced to the Fulton county chain-gang, the city of Hapeville may receive for the labor of such offender from Fulton county such compensation as shall be agreed upon between said city and county. Mayor's court. Penalties. SEC. II. Be it further enacted, That all persons liable to perform road duty by the laws of this State, shall be liable and subject to work on the streets of the city of Hapeville, under the direction and control of the mayor and council of said city; provided , that the mayor and council of said city 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 general council, by ordinance, may require, the person failing shall be required, upon three days' notice, to do and perform such street work as the mayor and council by ordinance may direct; and upon failure or refusal to do such street work upon said notice, said defaulter shall be dealt with by the mayor's court, as provided in

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section first of this Act, and shall be punished for said failure to work, as provided for the violation of the other ordinances of said city, as provided in section first of this Act. Street working. 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, 1895. HAYNIE, ACT INCORPORATING REPEALED. No. 60. An Act to repeal an Act, approved November 25th, 1893, incorporating the village of Haynie, in Floyd county, Georgia, and for other purposes. SECTION I. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That an Act of the General Assembly of Georgia, approved November 25th, 1893, incorporating the village of Haynie, in Floyd county, Georgia, defining the number and title of its officers, fixing their compensation and duties, and for other purposes, be, and the same is, hereby repealed. Act of Nov. 25, 1893, incorporating Haynie 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 5, 1895. HOGANSVILLE, PUBLIC SCHOOL LAW AMENDED. No. 57. An Act to amend an Act to authorize the town of Hogansville, in the county of Troup, to organize a public school system independent of the public school system of the State of Georgia, to provide for the maintenance and support of the same, and for other purposes, approved December 12th, 1893, so as to define more fully the duties of the school commissioners, to regulate the time of their election, to give them power to charge a matriculation fee, to build and furnish school-houses, and for other purposes. SECTION I. Be it enacted by the General Assembly of Georgia,

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That section three (3) of the original Act authorizing public schools in the town of Hogansville, in the county of Troup, be, and the same is, hereby repealed, and in lieu thereof the following is substituted: That the town council of Hogansville, Georgia, shall order an election by giving thirty days' notice on 1st Monday in July, 1897, and biennially thereafter, for five school commissioners, who shall serve for two years or until their successors are elected and qualified. This Act, however, shall not interfere as to the term of office of the present board of commissioners, said election to be held and conducted in like manner as elections for members of the town council of Hogansville, and no person shall be allowed to vote in said election who is not entitled to vote for members of said town council; and said school commissioners, and their successors in office, shall elect from their own body a chairman, secretary, and treasurer, who shall serve without any compensation, and said board of commissioners shall fill any vacancies that may occur in their body from any cause. The treasurer shall be required to give bond for such sum as said commissioners may determine, payable to said board of commissioners for the faithful discharge of duty as prescribed by the rules and by-laws of said commissioners. Said commissioners shall establish two schools in said town, one for the whites and one for the colored children, and shall elect principals and such other teachers as may be necessary for said public school; prescribe salaries and the course of study; to determine the length of the scholastic terms and the time of beginning and closing of said schools, and to adopt such rules and by-laws for their own government and that of the school as they may deem necessary for the purpose of carrying out this Act, not inconsistent with the Constitution and laws of this State; they shall have power to build, purchase, lease, or rent such school-houses or other property as may be necessary to carry on and make efficient said schools, and the title to all school property shall be vested in said board of commissioners and their successors in office for school purposes. Sec 3 of Act of Dec. 12, 1893, repealed. Elections of school commissioners. Term of. Not to interfere as to term of present commissioners. Qualifications of voters, etc. Officers of board. Vacancies. Bond of treasurer. Separate schools for white and colored. Teachers, etc. School-houses, etc. Title of school property. SEC. II. Be it further enacted, That said board of commissioners may, in their discretion, prescribe a matriculation fee for children who attend said schools, not to exceed fifty cents for primary grades and sixty cents for intermediate grades and seventy-five cents for high grades per month. Said commissioners shall have the power to prescribe how and when the same shall be paid, and with the exception of such fee as is provided for, said school shall be opened free to all children between six and eighteen years old whose parents, gardians, and natural protectors resides in the corporate limits of said town for not less than nine scholastic months in each

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year; provided , that said fee shall not apply to children of legal school age, so as to prevent them from attending the schools for the five scholastic months provided for by the State. Matriculation fee. School age, term, etc. SEC. III. Be it further enacted, That said commissioner shall provide on such terms and conditions as are just and reasonable for the admission of children living outside of said school limits, and for those under six or over eighteen years old. Children of nonresidents. SEC. IV. Be it further enacted, That said commissioners shall receive all moneys drawn from the educational funds of this State, and all funds raised by taxation in said town as provided for, and shall disburse the same to the maintenance of said schools and for the payment of the legitimate expenses of same. School funds. 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 5, 1895. HOGANSVILLE, BOND FOR SCHOOL BUILDINGS, ETC. No. 100. An Act to authorize the commissioners constituting the town council of Hogansville to issue bonds, not to exceed six thousand dollars, for the purpose of purchasing or erecting and furnishing public school buildings for said town, and to purchase lot or lots on which to locate the same, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and the same is hereby enacted, That the board of commissioners constituting the town council of Hogansville, Georgia, shall have power and authority to issue bonds in said town not to exceed the sum of six thousand dollars, or so much thereof as may be necessary. Said bonds may be issued of such denomination and to bear such rate of interest, not to exceed six per cent. per annum, with interest, coupons attached, payable either annually or semi-annually, and to provide for the maturing of said bonds at any time during twenty years, as said town council shall determine. Said bonds when issued shall be sold and the proceeds turned over to the treasurer of the board of school commissioners of said town, to be used by said board for the purpose of purchasing lot or lots and erecting public school buildings thereon,

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one for the whites and one for the colored, at such a cost as may be suitable in the judgment of the board of school commissioners, for the accommodation of the white and colored children, as will be in keeping with their respective conditions and circumstances and furnish same in like manner. Authority to issue bonds. Amount. Rate of interest. Maturity. Use of proceeds. SEC. II. Be it further enacted, That before any of said bonds shall be issued, the question of their issuance shall be submitted to the legal voters of said town by giving fifteen days' notice, published by posting three notices and in some newspaper published in said town. Said election shall be held and returns made in same manner as elections for town council of said town, and the qualification of voters of said election shall be the same as required in elections for members of said town council. All persons voting at said election shall have written or printed upon their tickets the words for bonds, or the words against [Illegible Text], and if it shall appear to the town council of said town that two-thirds of the legal votes cast was for bonds, then the same shall be issued as herein provided for, and shall be signed by the chairman of said town council and countersigned by the treasurer of said town council. [Illegible Text] the results of said election be against bonds, then another election may be held under the same regulations at any time after the expiration of six months. Election as to bonds. Notice, etc. Ballots. Result. SEC. III. Be it further enacted, That the town council of said town shall provide each year by taxation a sufficient amount to pay the interest on such bonds, and also to provide a sinking fund with which to pay off said bonds as they mature. Said bonds shall be exempt from taxation by said town. Tax to pay bonds. 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 13, 1895. JAKIN, TOWN OF INCORPORATED. No. 208. An Act to incorporate the town of Jakin, in Early county, Georgia, to provide for a mayor and town council and prescribe their power and duties, and for other purposes connected therewith. SECTION I. Be it enacted by the General Assembly of Georgia, and

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it is hereby enacted by authority of the same, That J. M. Bivings, mayor, A. Fort, C. K. Bivings, T. F. Moore, R. A. Merrett, and R. A. Hudson, and their successors in office be, and they are, hereby appointed councilmen and made a body corporate under the name and style of the town council of Jakin, and by that name have perpetual succession, with power to [Illegible Text] and be sued, plead and be impleaded, and do such acts as may be authorized under the laws of Georgia, and to have and use a common seal. First councilmen. Corporate name and general powers. SEC. II. Be it further enacted, That the above named councilmen shall hold their office until the second Monday in January, 1897, and until their successors are elected and qualified; and should a vacancy occur in said council by death, resignation, or otherwise an election may be ordered by the mayor and said council, or upon their failure to do so, then by five freeholders residing in said town, to fill such vacancy. Notice of such election shall be posted at two or more public places in said town. Terms of first councilmen. Vacancies. Notice of election. SEC. III. Be it further enacted, That on the first Saturday in January of each and every year an election shall be held at such place within the corporate limits of said town as the managers of said election may think convenient, for a mayor and five councilmen to serve one year from the second Monday in January next after their election and until their successors are elected and qualified, at which election all persons who shall have been residents of said town for ninety days immediately preceding said election and who are entitled to vote for members of the General Assembly of the State, shall be entitled to vote for said mayor and councilmen; provided , they shall have paid all legal taxes due by them to said corporation which they have had ten days in which to pay. Said election shall be managed by three of the residents of said town, and of the persons running for mayor who receives the highest number of legal votes, and the five persons running for councilmen receiving the highest number of legal votes cast at the election, shall be declared duly elected for the term of one year, or until their successors are elected and qualified, as mayor and councilmen of said town. Municipal elections. Terms of office. Qualifications of voters. Management of elections, etc. SEC. IV. Be it further enacted, That the corporate limits of said town shall be ([frac38]) three-eighths of a mile from center stake located at the crossing of street from T. J. Moore's residence to A. Fort's store and the road from Donaldsonville to Bivings Bros. mill. Corporate limits. SEC. V. Be it further enacted, That the council shall be presided over at its meetings by the mayor; in his absence, by one of the councilmen, elected by a majority of the councilmen present, and a majority of the council shall be necessary to form a quorum

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for the [Illegible Text] of the 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 opened 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. Council meetings. Quorum. Minutes, etc. SEC. VI. Be it further enacted, That said council shall for each year elect from the residents of said town a secretary and treasurer and a marshal, and shall take such bonds from them for the faithful discharge of their duty as said council shall provide for or require, which bonds may be strengthened or increased at the will of the council. Subordinate officers. SEC. VII. Be it further enacted, 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 any of the citizens thereof, and to improve and light the same and have them kept free from obstructions on or over them; to regulate the width of the sidewalks on the streets, and to order the sidewalks, foot-ways, cross-walks, drains, and gutters to be curbed and paved and kept in good order, free and clean by the owners and occupants thereof, or of the real property next adjacent thereto; to establish and regulate a market; to prescribe the time for holding the same; to prevent injury or annoyance to the public or individuals from anything dangerous, offensive, or unwholesome; to prevent hogs, cattle, horses, sheep, and other animals and fowls of any 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 all sorts of combustibles; to provide in or near said town a place for the burial of the dead, and to regulate interments therein; to provide for the regular building of houses or other structures in town, and for the making of division fences by the owners of adjacent premises, and the draining of lots by proper drains and ditches; to make regulations for guarding against danger or damages by fire; to protect the property and person of the citizens of said town, and to preserve 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

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prescribe the powers and [Illegible Text] the duties of the officers appointed by the council, fix their terms 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, conditional for the faithful discharge of their duties; to erect or authorize the erection of water-works or gas works in said town; to prevent injury or pollution of the same, or to the water or the healthfulness of the town; to regulate and provide for the weighing of all articles bought or sold in said town by weights, and to provide a revenue for the town and appropriate the same to its expenses; to provide for the annual assessments of taxable property therein, and to adopt rules and regulations for the government of its own body; to carry into effect their enumerated powers, and to pass such othe rules, by-laws, and ordinances as may be necessary for the government and benefit of said town, and which are not in conflict with the laws and Constitution of this State; and to prescribe, impose, and enact reasonable fines, penalties, and imprisonments in the place of imprisonments in said town for a term not to exceed thirty days for the violations of any of the laws, ordinances, by-laws, or resolutions of said town. Said town council shall have the power to create and organize a work-gang or other means of confinement, and to confine at labor therein, for a term not exceeding thirty days, persons convicted of violating the laws and ordinances of said town. Streets, sidewalks, etc. Markets, etc. Animals and fowls [Illegible Text] at large. Nuisances. Cemetery, etc. Protection from fire. Police. Water-works, etc. Ordinances, etc. Penalties. SEC. VIII. Be it further enacted, That said council shall have power to levy and collect a tax on all real and personal property in said town, and to provide for the collection of the same by [Illegible Text] and the sale of property thereunder by the marshal of said town, or otherwise, as they may direct by ordinances. Ad [Illegible Text] tax. SEC. IX. Be it further enacted, That every male resident of said town, not under sixteen years of age or over fifty years of age, shall, if required by the council thereof, work not exceeding fifteen days on the roads, streets, or alleys of said town, under the supervision of the marshal of said town or such other officers as the council may designate; or may be released from such work upon the payment to said marshal, or other officer designated by said council, 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. Said council may levy an additional tax on the property of said town for street purposes, if they see proper to do so. Street working and tax. SEC. X. Be it further enacted, 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

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for the use of the town, and may also require a bond with securities, with such conditions therein as said council may require, payable to said town in such penalty as they may fix. Said council shall have the power to revoke all license granted by them at any time, if the conditions specified in the bond given are broken, or for other good and sufficient cause. And they shall have power to license and regulate the management of barrooms, saloons, hotels, and private boarding-houses, livery stables, and the private and public transportation through the town, and in addition to the ad valorem tax provided for by law, said town shall have power to levy a tax on all billiard tables, tenpin or ninepin alleys, and tables and alleys of any other kind where games of such description are played, for private games, 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 deal or wheel, by using any other artifice or contrivance. They shall also have power to tax all shows taxed by the law of the State, which may exhibit in said town, which tax may be collected, if not voluntarily paid, by execution and levy and sale; and said council shall have full power to pass all ordinances necessary to carry into effect the provisions of this section; provided , that the license for the sale of either malt or spirituous liquors shall not be less than one thousand dollars per year. Licenses and specific taxes. Liquor licenses. SEC. XI. Be it further enacted, That the marshal shall have power to collect the tax of said town and all fines imposed by the mayor or mayor pro tem. , or by said council; to levy all executions issued by said mayor or said council; to sell the property levied on after duly advertising the same, and make deeds or other conveyances to the property sold to the purchaser and to deliver the property sold to the purchaser. There shall be a lien on real estate within said town for tax 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 [Illegible Text] for county taxes, or in such other manner as the council may by ordinance prescribe. Collection of amounts due the town. SEC. XII. Be it further enacted, That the mayor of said town shall be the chief executive officer of the town; he shall take care of the orders, by-laws, ordinances, acts, and resolutions of the council, and see that they are faithfully executed; he shall have control of the police of the town, may appoint special police officers

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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 the persons and property therein is protected, and to this end he may cause any person or persons violating any of the laws or ordinances of said town to be arrested and brought before him. 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 such place of imprisonment as is provided for in said town, or to the work-gang of said town, for a term not to exceed thirty days. In the absence from said 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 of his powers. Duties and powers of mayor. SEC. XIII. Be it further enacted, That the mayor, marshal, and secretary and treasurer of said 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. Compensation of town officers. SEC. XIV. Be it further enacted, That nothing in this Act shall be so construed as to permit or authorize the sale of intoxicating liquors of any kind in said town, except the sale of domestic wine, as provided by the laws in force in this State. Sale of liquors, except domestic wine, forbidden. 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, 1895. KINGSTON, CHARTER OF AMENDED. No. 183. An Act to amend an Act incorporating the town of Kingston, in Bartow county, Georgia, approved March 19, 1869, so as to create a chain-gang for said [Illegible Text] of Kingston, Georgia, and to authorize the authorities of said town to try offenders for violation of town ordinances and laws, and to work convicts in said chain-gang within the limits of said town; to provide a speedy way of collecting taxes for said town, and to declare what notice shall be sufficient to taxpayers thereof; to provide for the collection of street tax and punishment of defaulters, and for other purposes. SECTION I. Be it enacted by the General Assembly of Georgia,

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and it is hereby enacted by authority of the same, That from and after the passage of this Act, the board of commissioners of the town of Kingston, in the county of Bartow, shall have authority to establish a chain-gang in and for said town of Kingston, under such rules and regulations as they may deem proper, not inconsistent with the laws of this State. Chain-gang. SEC. II. Be it further enacted, That any person, or persons, violating any of the laws or ordinances of said town shall be tried therefor by said board of commissioners, and on conviction thereof shall be fined not exceeding one hundred dollars, imprisoned in the town prison or the common jail of Bartow county not exceeding thirty days, or be sentenced and be compelled to work upon the streets, sidewalks, and highways of said town in said chain-gang, as said board of commissioners may direct, not exceeding thirty days. Trial of offenders. Penalties. SEC. III. Be it further enacted, That the board of commissioners of said town may require and compel all persons residing in the limits of said town, subject by State laws to road duty, to work upon the streets, sidewalks, and highways of said town not exceeding ten days in each year, at such times as said board of commissioners may direct; but said board of commissioners may receive in lieu thereof, to be expended upon said streets, sidewalks, and highways, a commutation tax from each of said persons not exceeding three dollars; and any person, or persons, failing or refusing to perform said work, and failing or refusing to pay said commutation tax within the time provided by the ordinances adopted by said board of commissioners, after one day's notice, verbal or written, from the marshal, or any deputy-marshal of said town, such person, or persons, so failing or refusing, shall be arrested by said marshal or deputy and carried before, and tried by, said board of commissioners; and upon conviction of said default, shall be fined not exceeding ten dollars, imprisoned in the town prison or the common jail of Bartow county not exceeding twenty days, or be sentenced and compelled to work upon the streets, sidewalks, and highways of said town in said chain-gang, as said board of commissioners may direct, not exceeding twenty days. Street working and tax. SEC. IV. Be it further enacted, That either one or more of the penalties mentioned in the second and third sections of this Act, respectively, may be imposed in the discretion of said board of commissioners. One or more of penalties above mentioned may be imposed. SEC. V. Be it further enacted, That all laws in conflict with this Act be, and the same are, hereby repealed. Approved December 16, 1895.

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LITHONIA, BOARD OF EDUCATION FOR. No. 53. An Act to create a board of education for the town of Lithonia, and to prescribe its powers and duties, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority aforesaid, That from and after the passage of this Act there shall be a board of education for the town of Lithonia, in DeKalb county, which said board shall be composed of five members, each of whom shall be a citizen of the town of Lithonia. Composition of board. SEC. II. Be it further enacted, That the members of the said board of education shall be elected by the mayor and town council of Lithonia in December of each year, and they shall hold office for two years and until their successors shall have been elected and qualified; but the first election for members of the said board shall be held so soon as practicable after the passage of this Act, but two of said members first elected shall hold office for two years, and three of said members first elected shall hold office for one year, the mayor and town council of Lithonia at said first election designating which of the members so elected shall hold for two years and which of said members so elected shall hold office for one year. Election and term of office. SEC. III. Be it further enacted, That no person shall be elected as a member of the said board who is not at the time of his election a citizen of the town of Lithonia and is qualified to hold the office of councilman in said town, nor shall any person holding the office of councilman in said town be eligible to election as a member of said board; but any person holding the office of a member of the said board may be eligible to election as a councilman of the said town. Qualifications for office. SEC. IV. Be it further enacted, That in cases of vacancies which may arise in the membership of the said board, caused by death, resignation, or otherwise, of the members thereof, there shall be held a special election by the mayor and town council of Lithonia for the purpose of filling said vacancy, and the member or members so elected shall hold office only for the unexpired term. Vacancies. SEC. V. Be it further enacted, That the officers of the said board shall be a president, a vice-president, and a secretary and treasurer, which said officers shall be elected by the members of the said board from among their own members, and shall hold office for one year and until their successors have been elected and qualified. Officers of board.

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SEC. VI. Be it further enacted, That the said board of education shall have entire control of the school property of the town known as the Lithonia Institute, and shall see to it that the said property shall not be used for any other purpose than for school purposes, except for public entertainments and public or private meetings, under such rules and regulations as the board may prescribe; and when so used for other purposes any revenue which may be derived from such use shall be, by the said board, turned over to the town treasurer to be used for repairs of said property. Control of school property. SEC. VII. Be it further enacted, That the said board of education shall have the power to pass any rules which it may deem fit and proper for its own government and control, and shall pass any and all rules and regulations which it may deem fit and proper for the government of the said school and for the control of the said property. Said board shall elect the teachers to be employed in teaching in said school, and shall have the right to discharge any teacher of said school at any time when in its judgment the interest of the said school may demand such action. General power as to regulations for board and schools, etc. Teachers. SEC. VIII. Be it further enacted, That the said board shall fix the rates of tuition to be paid by patrons of said school and shall prescribe the manner of its payment, and the said board may refuse to admit any pupil to the benefit of the said school whose parent or guardian refuses or fails to comply with the terms required of them in regard to the payment of tuition fees; provided , that this section shall not apply to any public school term held under the general school law of this State should said board of education desire to avail themselves of benefit of any school fund provided by the State. Tuition, etc. SEC. IX. Be it further enacted, That the said board shall fix the salaries of all teachers employed in said school, and shall provide for the payment of said salaries from funds to be derived from tuition fees charged of the patrons of the said school. Salaries of teachers. SEC. X. Be it further enacted, That the said board shall fix the salaries of study to be pursued by pupils attending the said school; shall prescribe the text-books to be used in said school; shall fix the length of the school session and the number of hours to be taught each day, and shall have authority, upon the recommendation of the faculty in charge of the said school, to grant certificates of proficiency or diplomas of graduation to students who shall satisfactorily complete the course of study prescribed therefor, which certificates and diplomas shall be signed by the members of the faculty in charge of the said school and countersigned by the president and also by the secretary and treasurer of the said board. Courses of study, etc. Certificates or diplomas.

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SEC. XI. Be it further enacted, That in matters of school discipline, as to all differences which may arise between the patrons and the teachers, and also as to all matters of difference between teachers in the said school, the party or parties feeling themselves aggrieved may appeal such matters to the board for settlement, and the said board shall give such direction in all of such matters as the members thereof may deem to be for the best interests of the said school, and the decision of the said board shall be final; and for the purpose of enforcing the discipline of the said school the said board shall suspend or expel any pupil or reinstate any pupil suspended or expelled by the faculty in charge of said school. Appeals to be determined by board. Discipline. SEC. XII. Be it further enacted, That all pupils of school age, under the laws of this State, who may attend the said school, shall be entitled to receive in reduction of the rates of tuition fixed to be paid by patrons of said school, such a sum or sums of money from the public school funds of the State as may be from time to time apportioned to pupils of school age in DeKalb county; such amounts of money from the public school funds of the State shall be paid by the county school commissioner of DeKalb county to the secretary and treasurer of the said board; provided , the principal teacher in charge of the said school shall make to the county board of education of DeKalb county such reports, from time to time, in regard to the attendance of pupils and other matters in regard to said school as the said county board of education may require; and provided further , that the board of education of Lithonia will not employ as a teacher in the said school any person who, upon proper application first made to the said county board of education shall fail to receive a license of the first grade to teach in the public schools of DeKalb county. When said payments of the public school funds of the State have been by the county school commissioner of DeKalb county paid to the secretary and treasurer of said board, it shall then be his duty to apply the same, so far as it may go, to the payment of the tuition of the said pupil as prescribed by the said board. Pro rata of State school fund. SEC. XIII. Be it further enacted, That the secretary and treasurer of the said board shall give bond, payable to the mayor and town council of Lithonia, which said bond shall be conditioned for the faithful discharge of his duties [Illegible Text] such officer. The amount of bond shall be fixed by the mayor and town council of Lithonia upon recommendation of the said board of education. Bond of secretary and treasurer. SEC. XIV. Be it further enacted, That the members of the said board shall receive no compensation for their services, but the secretary and treasurer of said board may receive such compensation

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for his services as the mayor and town council of Lithonia may prescribe. Compensation of board and its officers. SEC. XV. Be it further enacted, That as the property known as the Lithonia Institute is the property of the mayor and town council of Lithonia for school purposes only, the said board of education shall make annual reports in June of each year to the mayor and town council of Lithonia, and also at such other times as the said board may see fit to do so, concerning the school interest of the town, and also of the condition of the school property of the said town, and shall make such recommendation in regard thereto as they may deem proper; and it shall be the duty of the said mayor and town council of Lithonia to keep the said property in good repair at the expense of the taxpayers of Lithonia, so that the said property shall not depreciate in value to the detriment of the school interest of the said town. Lithonia Institute. Reports of board. Repairs of school property. SEC. XVI. Be it further enacted, That all teachers employed in the said school shall be elected by the said board of education upon such terms and conditions as the said board may deem fit, and to the best interests of the said school, and under the restrictions hereinbefore provided. Conditions upon which teachers are to be elected. 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 4, 1895. LOCUST GROVE, CORPORATE LIMITS EXTENDED. No. 146. An Act to amend an Act of the General Assembly, approved December 20th, 1893, incorporating the town of Locust Grove, so as to extend the limits of 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 second section of the above recited Act be, and the same is, hereby amended by striking out all of said section after the word shall, in the second line thereof, and inserting in lieu of the same the following words, to wit: be as follows: Commencing on the track of the Southern Railway Company one-half mile north of the present depot of said railway company in said town, and extending south along said railroad track for a distance of one mile, and also extending one-fourth of a mile

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from said railroad track on both sides of the same for the whole of said distance of one mile, so that the incorporate limits of said town shall extend one mile along said railroad track and be one-half mile wide the whole of said distance, making the depot of said railway company the center, so that said section, when so amended, shall read as follows: Sec. 2 of Act of Dec. 20, 1893, amended. Corporate limits. Sec. II. Be it further enacted that the corporate limits of said town shall be as follows: Commencing on the track of the Southern Railway Company one-half mile north of the present depot of said railway company in said town, and extending south along said railroad track for a distance of one mile, and also extending one-fourth of a mile from said railroad track on both sides of the same for the whole of said distance of one mile, so that the corporate limits of said town shall extend one mile along said railroad track, and be one-half mile wide the whole of said distance, making the depot of said railway company the center. 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 16, 1895. MACON, CHARTER OF AMENDED. No. 115. An Act to amend the charter of the city of Macon, to change the term of the mayor and devolve certain powers and duties upon him, to abolish certain offices of said city, to change the compensation of certain officers, and for other purposes. SECTION I. Be it enacted by the General Assembly of this State, and it is hereby enacted by authority of the same, That the 22d section of the charter of the city of Macon, appearing in the Act approved November 21st, 1893, which section prescribes the term of office and duties of the mayor, shall be amended by striking therefrom the following words: He shall not be eligible to succeed himself till the expiration of two years from the end of the term for which he was elected. He shall receive a a salary of two thousand dollars per annum, and by inserting in lieu thereof the following: He may be elected to a second term of two years, but shall not be eligible for a third term till

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the expiration of two years from the end of said second term. He shall receive a salary of three thousand dollars per annum, and shall be ex officio a member of the board of health. He shall be entitled to be present at the meetings of the police commission, the fire commission, and the commission on public works, and may take part in the deliberations thereof, but shall not be entitled to vote on the selection of any employee or officer, or on any other matter that may come before such commission. Sec. 22 of charter amended. Mayor eligible for second but not third term. His salary. Board of health. Connection with other boards. SEC. II. Be it further enacted by the authority aforesaid, That the 27th section of said charter, which establishes and prescribes the duties of a chairman of council, shall be, and the same is, hereby repealed, and the following inserted in lieu thereof: The mayor shall preside at all meetings of council, and shall have the right to take part in the deliberations of said body, but shall not vote on any question which may be considered by the council, except that he shall be entitled to vote on the election of any person to office as provided in the charter of which this is amendatory. Where the council is equally divided the matter under consideration shall be declared lost. There shall be a chairman pro tem. elected by the council at their first meeting, or as soon thereafter as practicable, who shall preside over the council in the absence of the mayor, and who, on taking the oath of office, shall be clothed with all the powers, rights, and duties of the mayor, and shall serve during the absence from the city or disability of the latter officer. He shall have the casting vote in case of a tie, but shall not exercise the veto power vested in the mayor. Also, the first section of the Act approved December 13th, 1894, amending the said 27th section of said charter, providing for the appointment of standing committees and the filling of vacancies, etc., therein, shall be, and the same is, hereby repealed, and the following enacted in lieu thereof: The permanent or standing committees of the council shall be designated by the mayor at the first regular meeting after the organization of council in each year, or as soon thereafter as practicable. All vacancies in committees shall be filled by the mayor. Resignations of any members of council, either from the standing committees or from the council itself, and all resignations of the members of any of the boards of the city, shall be addressed to the mayor of the city and disposed of by him. The resignation of the mayor shall be addressed to the council. Also, the 22d section of said charter, which prescribes the duties of the mayor, etc., as aforesaid, shall be, and

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the same is, hereby further amended by striking from the 16th and 17th lines thereof, the words: but shall not preside over the same. Sec. 27 repealed. Mayor to preside at council meetings. May vote on what questions, etc. Chairman pro tem. Sec. 1 of Act of Dec. 13, 1894, repealed. Appointment of standing committees. Vacancies. Resignations of office. Sec. 22 of charter amended. But shall not preside, etc., [Illegible Text]. SEC. III. Be it further enacted by the authority aforesaid, That section 28th of the charter aforesaid, which prescribes the manner of exercising the veto power the mayor, shall be, and the same is, hereby amended by striking from the third and fourth lines thereof the words duly signed by the chairman of council, or in his absence by the chairman pro tem. , and Sec. 28 of charter amended. Signing of ordinances, 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 13, 1895. MACON, PROTECTION CEMETERY RESERVE. No. 133. An Act to provide for the protection of the cemetery reserve in the city of Macon, to declare penal certain intrusions 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 authority of the same, That it shall be the duty of the mayor and council of the city of Macon to carry out in good faith the decree passed in Bibb superior court on the 10th day of February, 1894, and which appears upon the minutes of said court of said date, with the citizens of Macon, and to take proper steps to enforce the provisions of said decree. Decree of Feb. 10, 1894, to be carried out. SEC. II. Be it further enacted by the authority aforesaid, That it shall be the duty of the mayor and council to pass all ordinances and regulations necessary for the proper carrying out of said decree for the protection of said reserve, and to punish intrusions thereon. Ordinances, etc., to be passed for said purposes. SEC. III. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 14, 1895.

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MADISON, CHARTER OF AMENDED. No. 27. An Act to amend an Act establishing a new charter for the city of Madison, approved October 6, 1891. 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 XXVI. of the charter of the city of Madison, approved October 1891, be, and the same is, hereby amended by adding the words time and between the words the and manner, in the third line of said section, and by striking out all of said section after the word tax, in the fourth line of said section, and inserting in lieu thereof the following: and impose penalties in the way of increased or double tax for failure to return property for taxation as prescribed in such regulations. It shall be the duty of the mayor and city council to carefully examine each return of property made by every taxpayer, and if, in their judgment, they shall find the property embraced in said return, or any part of it, returned below its true value, they shall, after giving the taxpayer five days' written notice of such fact and the time and place of hearing, proceed to hear evidence as to the value of such property, if any evidence is offered, and shall assess the true value thereof and enter the same on said return. Said assessment when so made shall be final; so that said section XXVI., when amended, shall read as follows: Sec. 26 of Act of Oct. 6, 1891, amended. Penalty for failure to make tax returns. Examination of returns, etc. Section 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 time and manner of making returns for tax, and impose penalties in the way of increased or double tax for failure to return property for taxation as prescribed in such regulations. It shall be the duty of the mayor and city council to carefully examine each return of property made by every taxpayer, and if, in their judgment, they shall find the property embraced in said return, or any part of it, returned below its true value, they shall, after giving the taxpayer five days' written notice of such fact and the time and place of hearing, proceed to hear evidence as to the value of such property, if any evidence is offered, and shall assess the true value thereof and enter the same on said return. Said assessment, when so made, shall be final. Section as amended. SEC. II. Be it further enacted, That all laws and parts of laws in conflict with this Act are hereby repealed. Approved November 29, 1895.

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MANCHESTER, NAME CHANGED TO COLLEGE PARK, CHARTER OF. No. 168. An Act to repeal all laws and amendments to laws heretofore passed incorporating the city of Manchester, to prrvide for incorporating said city under the name of College Park, to prescribe its limits, extending them so as to take in a strip of land in Clayton county, to provide for a mayor and councilmen, prescribe their powers and duties, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by athority of the same, That an Act to incorporate the city of Manchester, and for other purposes (approved October 5th, 1891), and all Acts amendatory or explanatory thereof heretofore passed, be, and the same are, hereby repealed, as far as they conflict with the provisions of this Act. Charter of Manchester repealed. SEC. II. Be it further enacted by authority aforesaid, That said city is hereby incorporated under the name and style of College Park. The incorporate limits thereof shall be such as to include land lots 159, 160, 161, and 162 of the fourteenth district of Fulton county, Georgia; also, the east half of land lot six, in the thirteenth district of Clayton county, Georgia; and, also, ten acres square in the northwest corner of land lot seven (7) of the thirteenth district of Clayton county, Georgia. New corporate name. Corporate limits. SEC. III. Be it further enacted by authority aforesaid, That the municipal government of said city shall be vested in a mayor and six councilmen, who shall have been bona fide residents of said city for one year preceding their election to said offices. Said municipal government shall be styled the mayor and council of the city of College Park, and by that name are made a body corporate; as such they shall have perpetual succession, shall have a common seal, may contract, hold, possess, sell, and convey, for the use of said city, real or personal estate of any kind; may sue and be sued; shall pass such ordinances, resolutions, and by-laws for the government of said city as they may deem proper, not in conflict with this charter or the Constitution and laws of this State, or of the United States. Municipal government. General corporate powers. SEC. IV. Be it further enacted by authority aforesaid, That said mayor and six aldermen shall be elected annually on the first Monday in December of each year by the qualified voters of said city, and their term of office shall be for one year from the date of their election, or until the election of their successors. Municipal elections. Official terms.

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SEC. V. Be it further enacted, That said election shall be held at some central place, to be decided upon by said mayor and councilmen, and the election and place where the same will be held shall be advertised by being posted at three public places in said city, at least ten days prior to the day for holding the election. Place of holding elections, etc. SEC. VI. Be it further enacted by authority aforesaid, That the managers shall be three in number, and shall be freeholders, residents in said city; they shall be appointed by the mayor and councilmen, and before proceeding into the election shall be sworn, as prescribed in sections 1283 and 1284 of the Code of Georgia. Election managers. SEC. VII. Be it further enacted by authority aforesaid, That all persons residing in said city qualified to vote for members of the General Assembly, who shall have paid all legal taxes and done all the work on the streets imposed and required by the authorities of said city, and who shall have resided in said city thirty days next preceding an election, shall be considered electors and entitled to vote at such election. Qualifications of voters. SEC. VIII. Be it further enacted by authority aforesaid, That any person offering to vote at an election in said city may be challenged, and when so challenged, the managers shall cause such person to take the following oath: That he is twenty-one years of age; that he resides in said city; that he has resided in said State one year, and that he has been a bona fide resident of said city for the past thirty days; that he has paid all taxes required of him and which he has had an opportunity of paying, except the year in which he makes oath, and that he has done all the road work required of him by the authorities of said city. Challenges. SEC. IX. Be it further enacted by authority aforesaid, That vacancies in the office of councilmen, by death, resignation, failure to elect, removal from office, or from the city, shall be filled by election, which shall be ordered by the mayor; vacancies in the office of mayor be filled by election, which shall be ordered and published by the councilmen. Vacancies in office. SEC. X. Be it further enacted by authority aforesaid, That after all votes for mayor and council shall have been duly counted by the managers, they shall cause two copies of the tally sheets to be made out, one of which they shall deliver to the mayor for the time being, and the other shall be retained by them. The mayor shall at once cause the persons elected to be notified of the same. The mayor and each councilman shall, before entering upon the duties of his office, take and subscribe, before the outgoing mayor, or any other officer authorized by the law of the State to administer oaths, the following oath, in addition to the oath required for all

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civil officers of this State, viz.: I 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 College Park by adopting such measures as, in my judgment, will most promote the general welfare of the inhabitants of said city and the common interest thereof, so help me, God. Election returns, etc. Oath of office. SEC. XI. Be it further enacted by authority aforesaid, That said mayor and council may appoint a mayor pro tem. , who shall have the authority to discharge all the duties of mayor, whenever, from sickness, absence from the city, or other cause, the mayor is unable to act. Mayor pro tem. SEC. XII. Be it further enacted by authority aforesaid, That the mayor and mayor pro tem. , when in the exercise of the duties of the office of mayor, shall be ex officio a justice of the peace within said city, for the purpose of issuing warrants for offenses committed within the city, and binding or committing to jail the offenders, to appear in any court having jurisdiction of such offenses. Mayor ex officio justice of the peace. SEC. XIII. Be it further enacted by authority aforesaid, That said mayor and council, at the time of qualification, shall elect a treasurer, clerk, marshal, and city attorney, fix their compensations and require either of such officers to enter into a bond, with sufficient security, to be approved by the mayor, in such penalty as may be prescribed by the mayor and council, conditioned faithfully to collect and pay over, as required by the mayor and council, all taxes, fines, forfeitures, and all other incomes to said corporation; and said officers shall continue in office one year, unless sooner removed for good cause by the mayor and council. In case of a vacancy from any cause in such offices the mayor and council shall fill such vacancy. Subordinate officers. SEC. XIV. Be it further enacted by authority aforesaid, That the mayor and council of said city shall have power therein to lay off, close, open, alter, cut, pave and keep in good order and repair roads, alleys, streets, 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, regulate the width of the sidewalks on the streets, and to order the sidewalks, crossings, footings, drains, and gutters to be curbed and paved and kept in good order, firm and clean by the owner or occupants thereof, or of the real property next adjacent thereto; to establish and regulate markets, to prescribe the time of holding the same, and taking the privilege of selling produce, meats, and salable wares of all kinds therein; to prevent injury or annoyance to the public or individuals from anything dangerous, offensive, or unwholesome; to abate or cause to

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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 city places for the burial of the dead, and to regulate interments therein; to prevent hogs, cattle, horses, sheep, and other animals and fowls of all kinds from going at large in said city; to protect places of divine worship and educational institutions in said city; to provide for the regular building of houses and other structures; to make regulations guarding against danger or damages by fire; to protect the property and person of the citizens of said city, and for this purpose the mayor and council may, in their discretion, appoint 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 them, to fix their term of service and compensation; to provide for the draining of lots and streets by proper drains and ditches; to erect, authorize, or prohibit the erection of gas-works or water-works in said city, to prevent injury to or pollution of the same, or to the water or healthfulness of said city; to regulate and provide for the weighing of hay, coal, and other articles sold or for sale in said city; to provide for the enforcement of said regulations by prescribing, imposing, and enacting reasonable fines, penalties, and imprisonments for a term not exceeding thirty days, or in lieu of fine and imprisonment to compel wrong-doers to labor on the streets, sidewalks or other public works of said city for a term not exceeding three months. Streets, sidewalks, etc. Markets, etc. Nuisances, etc. Cemetery. Animals, etc., running at large, etc. Police, etc. Gas and water-works, etc. Penalties. SEC. XV. Be it further enacted by authority aforesaid, That the mayor and council shall have power to levy and collect a specific tax upon factors, bankers, agents, or managers of gift enterprises and shows of all sorts; upon all the professions, trades, callings, vocations or businesses of any nature carried on in said city; upon all the persons exercising within the city any profession, trade, calling, avocation, or business of any nature (provided that the profession, trade, calling, vocation or business, and the person exercising the same shall not both be subjected to tax during the same year); upon each pool, billiard, or other table of similar kind run for hire or profit in said city; upon all brokers, pawnbrokers, bankers, peddlers, and itinerant traders; provided , said tax is not in conflict with any law of this State. Specific taxes. SEC. XVI. Be it further enacted by authority aforesaid, That the mayor and council shall have power to assess, levy, and collect an ad valorem tax, not to exceed one-half of one per cent. per annum, upon all the real and personal property in said city for

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the purpose of providing revenue for the ordinary expenses of the municipal government. Ad valorem tax. SEC. XVII. Be it further enacted, by authority aforesaid, That the mayor and council shall have power to cause the enforced collection of delinquent taxes of all kinds by fines and executions against the property of the delinquents; that sales under such executions shall be made under the laws applicable to sales of realty and personalty by sheriff and constable. Collection of taxes. SEC. XVIII. Be it further enacted by 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; that for the purpose of enforcing this prohibition, the mayor and council are empowered to punish the sale of the same, or keeping the same for sale in said city, by a fine not to exceed five hundred dollars, work on the public works of said city for not longer than six months, or both, in the discretion of the mayor. Sale of liquors forbidden. SEC. XIX. Be it further [Illegible Text] by authority aforesaid, That the mayor shall be the chief executive officer of the city, and take care that the orders, by-laws, acts, and resolutions of the council are faithfully executed. He shall make out and publish annually a full report showing the exact condition of the city and its finances, and shall require reports from other officers of the city, showing the exact status of the affairs of each office. The mayor shall preside over the deliberations of the council, and shall not be entitled to vote, except in case of a tie. Duties and powers of mayor. SEC. XX. Be it further enacted by authority aforesaid, That the several officers now in office in said city shall continue to exercise their respective duties until the qualification of the officers who shall be elected at the first election under this charter. Present officers to hold until when. SEC. XXI. Be it further enacted by authority aforesaid, 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 December [Illegible Text] 1895.

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MEIGS, SALE OF LIQUOR IN. No. 52. An Act to amend an Act approved October 20, 1889, entitled an Act to incorporate the town of Meigs, in Thomas county, and to provide for the election of mayor and council, marshal and clerk, and to define their powers and duties by amending section six of said Act, so as to authorize the sale of intoxicating liquors by the mayor and council of the said town of Meigs, or by such person or persons to whom they may grant license to sell intoxicating liquors, to fix said license and the manner in which said business shall be conducted, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority aforesaid, That from and after the passage of this Act, the above recited Act be amended by striking out all of section six in said Act and substituting therefor the following: Be it further enacted by the authority aforesaid, That the said mayor and council shall have the exclusive power and authority to regulate and control the sale of intoxicating, spirituous, and malt liquors within said town, and to maintain under their own authority and under proper regulations a dispensary for the sale of same; provided , said liquors shall be sold only in unbroken packages and in quantities of not less than one half pint and not exceeding four and three quarter gallons; and provided further , that no liquors shall be drank on the premises where sold; and provided further , that no license shall be issued to any one for the sale of liquors, unless the application for said license shall be accompanied by a petition signed by two-thirds of the freeholders living on their freeholds within three miles of said town; and provided further , that not less than fifty per cent. of the profits arising from the sale of liquors in said dispensary shall be appropriated and used for educational purposes in said town, under the control and direction of the council thereof, and all children attending schools therein shall have the benefit of said appropriation, whether living in said town or elsewhere. Sec. 6 of Act of Oct. 20, 1889, stricken. Sale of liquors. 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 4, 1895.

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MORGANTON, CHARTER REPEALED. No. 23. An Act to repeal an Act approved August 22, 1883, incorporating the town of Morganton, in the county of Fannin, and all amendments to said Act. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act, the above recited Act incorporating the town of Morganton, in the county of Fannin, and all amendments to said Act, be, and the same are, hereby repealed. Act of Aug. 22, 1883, and amendatory Acts repealed. SEC. II. Be it further enacted, That all laws and parts of laws in conflict with this Act are hereby repealed. Approved November 27, 1895. MOULTRIE, NEW CHARTER FOR. No. 173. An Act to reincorporate the town of Moultrie as the city of Moultrie, to confer additional powers on said corporation, and to codify, amend, and supersede all previous Acts incorporating the town of Moultrie, and grant a new charter to said town, under the name of the city of Moultrie, 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 city of Moultrie, Colquitt county, Georgia, be, and the same is, hereby incorporated as the city of Moultrie, in the county of Colquitt, State of Georgia. The corporate powers of said city shall be vested in a mayor and five aldermen, and shall be known as the mayor and aldermen of the city of Moultrie, 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 real estate or personal property within the limits thereof, necessary for the proper administration of said city government, parks, cemetery, school-houses, colleges,

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and charitable purposes, and for the collection of said taxes due said city, and may make all contracts in their corporate capacity, proper and legal to administer said city government. Corporate name and general powers. SEC. II. Be it further enacted by the authority aforesaid, That the corporate limits of the said city of Moultrie extend north, south, east, and west, starting from the courthouse, three-quarters of a mile, so that said city may be square from these given points. Corporate limits. SEC. III. Be it further enacted by the authority aforesaid, That the present mayor and board of aldermen hold their offices subject to all the conditions and regulations contained in this charter, until their successors are elected and until the first Monday in October next, and that on the first Monday in October, 1896, and on said mentioned date thereafter, and for every year subsequently, there shall be an election held in said city for the election of a mayor and aldermen, as herein provided; but no person who does not reside within the corporate limits of said city shall be eligible to hold the office of mayor and aldermen, 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 upon the discharge of their duties as such mayor and aldermen. Said certificate shall be recorded by the clerk of council on the minutes thereof. Present officers to hold until when. Municipal elections. Qualifications for office. Certificate [Illegible Text] election. SEC. IV. Be it further enacted by the authority aforesaid, That before entering upon the discharge of their duties the mayor-elect and aldermen-elect shall take and subscribe to the following oath, which may be deemed sufficient, and administered by any person authorized by law to administer oaths: I do solemnly swear that I will faithfully discharge the duties devolved upon me as mayor (or aldermen, as the case may be) of the city of Moultrie, according to the best of my ability, skill, and knowledge, so help me, God. Oath of office. SEC. V. Be it further enacted by the authority aforesaid, That said mayor and aldermen shall have power and authority to elect such marshals, police, clerks, and such other subordinate officers as may be deemed necessary for the 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 discharge of their duties as they may deem necessary and proper. Subordinate officers. SEC. VI. Be it further enacted by the authority aforesaid, That the elections for mayor and aldermen shall be held and superintended by a justice of the peace and two freeholders, and no person shall be eligible to vote for such mayor and aldermen who is not qualified to vote for members of the General Assembly. Said

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freeholders shall own real estate within the corporate limits of said city, and so also shall said freeholders, as well as the justice of the peace, holding said election, reside within the corporate limits of said city of Moultrie. Management of elections. Qualifications of voters. SEC. VII. Be it further enacted by the authority aforesaid, That the mayor shall be ex officio a justice of the peace, and shall have power and authority to issue warrants for any offender for offenses committed within the corporate limits of said city, and shall have power to compel the attendance of witnesses, to examine them under oath, and to admit to bail, and to commit any offender to jail for violation of the laws of the State, and admit to bail or commit to the guardhouse for violations of the ordinances of said city. Mayor ex officio justice of the peace. SEC. VIII. Be it further enacted by the authority aforesaid, That said mayor and aldermen, as aforesaid, shall have power and authority to levy and collect an ad valorem tax, not to exceed one per cent., upon all real and personal property within the limits of the city, which is taxable under the general laws of force in this State. Said ad valorem tax shall be for the purpose of [Illegible Text] the general expense of the city government. Ad valorem tax. SEC. IX. Be it further enacted by the authority aforesaid, That said mayor and aldermen, as aforesaid, shall have full power and authority, in addition to the ad valorem tax above provided for, to levy and collect a specific tax upon all billiard tables, tenpin alleys, or ninepin alleys, and all tables and alleys of any kind, used for the purpose of playing with any 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, tickets, pictures, envelopes, or photographs, from a number of similar articles or subjects, or by pitching rings at sticks or knives, or by throwing dice or any other artifice or contrivance whatever. They shall also have authority to levy a tax in such sums as they may see proper, upon all circuses, sleight of hand performances, tricks of legerdemain, theatrical exhibitions, and other shows which may be exhibited in said city; such taxes to be for each exhibit, and to be collected, if not paid voluntarily, by execution, as hereinafter provided in this Act for other taxes. Said mayor and aldermen 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 tax. License taxes.

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SEC. X. Be it further enacted by the authority aforesaid, That said mayor and aldermen, as aforesaid, shall have full power and authority to remove, or cause to be removed, all buildings, porches, steps, fences, alleys, or other obstructions or nuisances in the public streets, lanes, alleys, sidewalks, or public square [Illegible Text] said city; they shall have power, if necessary, to establish a market in said city; they shall have power to regulate all butcher-pens, slaughter-houses, tanyards, livery stables, blacksmith shops, forges, stores, and chimneys, steam sawmills, steam gristmills, 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 a nuisance, 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 or kind 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 nuisances. Market. Slaughter pens, etc. Pits, cellars, etc. Public houses, drays, etc. Pumps, etc. Unsafe buildings, etc. SEC. XI. Be it further enacted by the authority aforesaid, That said mayor and aldermen, as aforesaid, shall have power and authority to regulate the sale of auctions; to appoint and license auctioncers or vendue-masters for the city, as they may see proper, and to fix and collect the amount of license fees required of each. They shall further have power to levy and collect a tax upon all goods sold at auction in said city, to be paid by the auctioneer. They shall have authority and power to license all other occupations or business not herein specially provided for and not otherwise taxed. Auction sales. Other kinds of business. SEC. XII. Be it further enacted by the authority aforesaid, That said mayor and aldermen, as aforesaid, shall have full power and control and authority to regulate the sale of spirituous liquors, vinous, malt, and intoxicating liquors in said city; to grant license for the sale of the same or to [Illegible Text] to grant such license; and to establish dispensaries, and to establish such other and further regulations and restrictions as they may deem just and proper, with reference to the sale of all such liquors; and to impose penalties upon all persons selling such liquors without a license, or for violating any of the city ordinances regulating the sale of the same. Sale of liquors. SEC. XIII. Be it further enacted by the authority aforesaid, That

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said mayor and aldermen shall have power and authority to open, lay out, widen, straighten, or to otherwise change the streets and alleys of said city; and shall have full 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 private citizen of the city aforesaid. They shall also have power to protect places of public worship within said city; 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 or restrict the same. Streets, alleys, [Illegible Text] Protection of worship, etc. Fire. SEC. XIV. Be it further enacted by the authority aforesaid, That the mayor and aldermen aforesaid shall have power to pass all such ordinances and regulations for the complete government of the city aforesaid as shall be deemed necessary and proper, and for the suppression of disorderly conduct, the protection of life, liberty, and property; the maintenance of the public peace and the protection of 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 powers as to ordinances, etc. SEC. XV. Be it further enacted by the authority aforesaid, That said mayor and aldermen, as aforesaid, shall have power to cause all male citizens, residents of said city, between the ages of sixteen and fifty years old, who have resided in said city thirty days before the first day of March of each year (except licensed ministers of the gospel in charge of one or more churches), to be subject to work the streets of said city not to exceed fifteen days in each year, or to pay [Illegible Text] tax thereof in lieu of the same not to exceed five dollars, as the mayor and aldermen 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 thereof 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 commit to the guardhouse for a term not exceeding ten days, in the discretion of the mayor. Street working and tax. SEC. XVI. Be it further enacted by the authority aforesaid, That should any person fail to and refuse to pay this city tax or license, or tax and license imposed [Illegible Text] the city authorities according to this charter, within the time allowed or prescribed by the ordinances

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of said city, the clerk shall issue an execution against such delinquent taxpayer for the amount due by him to the city, which shall be signed by the clerk of said city in his official capacity and bear test in the name of the mayor and city council of Moultrie. Said execution shall bind all the property that the said defaulting taxpayer may have or own in said city on the first day of March 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 said defaulting taxpayer, shall, if the property be personal property upon which such execution be levied, shall advertise the same by posting a notice thereof in three of the most public places within said city for ten days, giving a description of such property so levied upon and to be sold, before the sale; and if the property be real estate, he shall advertise the sale of the same once a week for four weeks, in the public gazette wherein the sheriff's sales are advertised in Colquitt county, before selling the same. All such sales, under such executions, shall be made by the city marshal, and before the door of the council chamber or at such places as the mayor may direct, notice of which place, and the time of sale, shall be contained in the notice and advertisement. The property levied upon shall be sold at public outcry, and within the legal hours of sale by law for sheriff's sales, to the highest and best bidder, for cash. Where personal property is sold, the marshal shall deliver possession thereof on the spot to the purchaser. Where real estate is sold, the marshal shall make to the purchaser a deed, which shall be as effectual in passing the title as the deed of the person against whom the execution is issued; and it shall be the duty of the marshal, upon application of the purchaser, or his agent, to put said purchaser, or his agent, in possession of the real estate sold; provided , said marshal shall not be authorized to turn over any other person's property than such delinquent taxpayer's, his heirs, tenants, or assigns, since the lien of the city for taxes attached. The clerk shall be entitled to such compensation as may be allowed him by the mayor and aldermen as cost for each fi. fa. issued, and the marshal to the same fees for levies as are by law allowed him by the authority aforesaid, and to the same for selling as are received by the sheriffs of this State, or such other compensation as may be allowed him by the authority aforesaid. Collection of taxes. Costs, etc. SEC. XVII. Be it further enacted by the authority aforesaid, That said mayor and aldermen of said city of Moultrie shall have power and authority to establish and provide regulations for a city guardhouse, in which to confine, for punishment, when necessary,

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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 committed or attempting to commit crimes. City guardhouse. SEC. XVIII. Be it further enacted by the authority aforesaid, That the marshal, or any policemen 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 guardhouse to await their trial the next day, or to such other time as may be ordered by the mayor. Arrests, etc. SEC. XIX. Be it further enacted by the authority aforesaid, That the mayor of the city aforesaid shall be ex officio justice of the peace, and shall have power to commit any offender to the guardhouse in said city; to issue warrants for the arrest of any offender for any offense committed within the limits of said city, and to commit them to the common jail of the county or to admit to bail to await their trial in the county or the superior courts of Colquitt county. Mayor ex officio justice of the peace. SEC. XX. Be it further enacted by the authority aforesaid, 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, and regulations of said city, and, upon conviction, to punish such offenders by fine not to exceed fifty dollars and cost, or by labor on the streets of said city, under control and direction of the city marshal, not to exceed forty days, or by confinement in the guardhouse not to exceed thirty days. The mayor may, in his discretion, sentence the offender to imprisonment in the guardhouse 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 cost. The mayor, when presiding in such police court, shall have authority to punish for contempt by fine not exceeding five dollars or imprisonment in the guardhouse not to exceed forty-eight hours. Police court [Illegible Text] [Illegible Text] SEC. XXI. Be it further enacted by the authority aforesaid, That whenever any execution, issued by the proper authority of said city, for fines, forfeitures, taxes, licenses, or any other 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, restrictions as regulate claim cases under the laws of this State, and the said claims 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.

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SEC. XXII. Be it further enacted by the authority aforesaid, That the mayor and aldermen shall prescribe, by ordinance, the time and manner in which, and the person or persons to whom, all property, occupations, etc., shall be returned for taxation by said city. Tax returns. SEC. XXIII. Be it further enacted by the authority aforesaid, That said mayor and aldermen 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 taxpayer 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 thereof at which the taxpayer has returned his property, they shall give him written notice of their assessment, and it shall be the taxpayer'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 one other by these two so selected, and a majority of these arbitrators shall fix the assessment, which shall be final and conclusive. Tax-assessors and assessments. SEC. XXIV. Be it further enacted by the authority aforesaid, That the clerk and treasurer of the city of Moultrie shall give bond in a sum to be fixed for his term of office by the mayor and aldermen, with at least two good securities, conditioned for the faithful performance of his duties as clerk or treasurer, as the case may be, 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 of clerk and treasurer. Oath of. SEC. XXV. Be it further enacted by the authority aforesaid, That said aldermen and mayor shall have authority, if in their discretion they see proper so to do, during the month of March of each year, to appoint three 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. The said mayor and city council shall have power, upon the report of the board of health, to cause said nuisances to be abated, and the recommendation 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 council may elect. Board of health, etc. Abatement of nuisances.

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SEC. XXVI. Be it further enacted by the authority aforesaid, That said mayor and aldermen 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 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 parcels or parcel, 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 or filling up said cellars, it shall be lawful for 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 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 the 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 infections or contagious disease, 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 prceding sections 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 exist in the city. Drainage of lots, etc. [Illegible Text] SEC. XXVII. Be it further enacted by the authority aforesaid, That said mayor and aldermen shall have the right at any time to fill any vacancies that may occur in said board of aldermen and board of health, and in such manner as they may prescribe. Vacancies. SEC. XXVIII. Be it further enacted by the authority aforesaid, That said mayor and aldermen, as aforesaid, shall have full power and authority, that when, in their discretion, the general interest of the said city demands such, to issue bonds limited to twenty years, and at such a rate of interest as they may deem expedient and proper, not inconsistent with the general laws now of force in this State; provided , said issue of bonds does not exceed the sum of twenty thousand dollars. Said bonds may be floated in such quantities and in such manner as may be deemed advisable and proper by said mayor and city council. Municipal bonds.

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SEC. XXIX. Be it further enacted by the authority aforesaid, That said mayor and aldermen may, in their discretion, establish such public schools for said city as they may deem best for the public interest of said city, and to levy and collect such tax as may be necessary for the promotion of such schools and for the carrying out of the same, and for the defraying the necessary expense of the same, not inconsistent with the Constitution of the State or the United States. Public schools. SEC. XXX. Be it further enacted by the authority aforesaid, That the provisions of this charter may be pleaded, and shall be a complete defense to any action brought against the said mayor and aldermen, or either of them, for any act done by them, or either of them, under and in accordance with the provisions and the ordinances passed in pursuance thereof. This charter may be pleaded as a defense. SEC. XXXI. Be it further enacted by the authority aforesaid, That said mayor and aldermen 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 ordinances 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. Paving of sidewalks. Restrictions of ordinances to certain localities, etc. SEC. XXXII. Be it further enacted by the authority aforesaid, That the mayor who presides in the mayor's court may call said court whenever he may deem it necessary to clear the guardhouse or dockets of said court. Mayor's court may be at mayor's discretion. SEC. XXXIII. Be it further enacted 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, 1895.

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OXFORD, PUBLIC SCHOOLS FOR. No. 61. An Act to provide a system of public schools for the town of Oxford, in the county of Newton, to provide for the maintenance and support of the same, to create a board of school commissioners, and for other purposes pertaining thereto. SECTION I. Be it enacted by the General Assembly of Georgia (the town authorities of Oxford having so recommended), That there shall be established in the town of Oxford, in the county of Newton, a system of public schools, to be established, conducted, and maintained as hereinafter prescribed. System to be established. SEC. II. Be it further enacted, That in conformity with article eight, section four, paragraph one of the Constitution of this State, an election shall be held in the town of Oxford on the second Tuesday in January, 1896, on the question of establishing and maintaining public schools in said town by local taxation. All persons shall be [Illegible Text] to vote at said election who are entitled to vote in the municipal elections in the town of Oxford, and under the general qualifications prescribed by the Constitution of the State of Georgia; and those favoring said public school system shall have on their ballots the words For public schools, and those opposed shall have on their ballots Against public schools. Said election shall be held as elections for board of commissioners of said town are held, and if two-thirds of the ballots cast at such election shall be For public schools, then this Act shall become operative, and the board of school commissioners hereinafter provided for shall proceed to carry the same into effect. If the result of such election shall be Against public schools, then the board of commissioners of said town shall order other elections upon the same question, not oftener than once in twelve months, whenever so many as twenty qualified voters of said town shall petition them for such election, in which case ten days' notice of such election shall be given by posting the same at the post-office. Election as to establishment of schools. Qualifications of voters. [Illegible Text] Conduct and result of election. Subsequent elections SEC. III. Be it further enacted, That H. H. Stone, John F. Bonnell, M. T. Peel, U. G. Hardeman, J. W. Branham, and A. G. Williams are hereby created a board of school commissioners for said town of Oxford, with perpetual succession. They shall hold their offices until their successors are elected and qualified as hereinafter provided. They and their successors in

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office shall have power to acquire property, personal and real, by purchase, donation, or otherwise, and hold the same in trust for said town of Oxford, with the right to sue and the liability of being sued. Said school commissioners shall divide themselves into three classes, by ballot or otherwise. The term of office of the first class shall expire at the end of two years, and that of the second class at the end of four years, and that of the third class at the end of six years. An election shall be held every two years at the same time and in the same manner as elections for board of commissioners of Oxford are held, to fill the office of one of the retiring members of said board; the office of the other retiring member shall be filled by said board of school commissioners. If a vacancy happen by resignation or otherwise, said board shall fill such vacancy by appointment for the remainder of the unexpired term. No one shall be eligible to the office of school commissioner under this Act who is not a resident of said town, and who is not twenty-one years old. School board. General powers of. Terms of office. Elections of members. Vacancies. Qualification for office. SEC. IV. Be it further enacted, That said board of school commissioners shall keep, or cause to be kept, a complete record of all their transactions. For the transaction of business at any meeting four of their company shall constitute a quorum. They shall elect a president, clerk, and treasurer from their own number, who shall perform such duties as may be required of them. The treasurer shall give bond in such sums as said board may determine, conditioned for the safe keeping and proper disbursement of the funds placed in his charge. He shall pay out funds only by order of the board of school commissioners. Minutes. Quorum. Officers of board. Treasurer's bond and payments by. SEC. V. Be it further enacted, That said board of school commissioners shall elect a principal and other teachers for said public schools, prescribe their salaries, select text-books, prescribe the course of study, determine the length of the scholastic term, and the time of beginning and closing said schools, and adopt such rules and regulations for their own government and that of the schools as they may deem necessary for the carrying out of the purposes of this Act, not inconsistent with the Constitution and laws of this State. They shall have power to build, purchase, lease, and rent such school-houses and other property as may be necessary to carry on said schools. They may charge such entrance fee, not exceeding five dollars per annum, for the admission of children to said schools, as they may deem proper, and shall provide for the admission to said schools of children who reside out of said town or pupils not

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within the ages of six and eighteen years, upon the payment of such tuition as said board may prescribe. They may charge an incidental fee, not to exceed fifty cents per month from any one pupil. Said board of school commissioners shall have power to provide a course of instruction for pupils who desire to engage in studies other than those usually included in the branches of an English education; but pupils who pursue such studies must pay such tuition as the board may determine, in addition to what is paid under the system of public schools established by this Act; provided , that no tuition, incidental, or matriculation fee shall be charged in the elementary branches for the free school term. Teachers, etc. School houses, etc. Entrance fee for non-residents, etc. Incidental fee. Course of [Illegible Text] No tuition or fees for elementary branches. SEC. VI. Be it further enacted, That said board of school commissioners shall determine in May of each year, what amount of money it will be necessary to raise by taxation to defray the expenses of running said public schools for one year, and shall lay the same before the board of commissioners of said town, and it shall be the duty of said board of commissioners, and they are hereby authorized, to proceed to levy and collect the same; provided , the rate of taxation under this Act shall not exceed three-fourth of one per centum per annum; and as the said amount is collected, the collecting officer of said board of commissioners shall pay the same over to the treasurer of said board of school commissioners, which shall then constitute a fund to be expended by said school board in the payment of teachers, and in building, repairing, leasing, or renting school-houses and other property, and for defraying all other necessary expenses pertaining thereto. Determination of and report as to tax necessary. Levy and collection of. Use of fund. SEC. VII. Be it further enacted, 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 town, to be by them expended in the maintenance of said public schools as herein provided. The [Illegible Text] of school commissioners shall require the teachers of said public schools to make out reports of the attendance of children entitled to draw the State school fund, so that the amount due said town may be estimated. Pro rata of State school fund. SEC. VIII. Be it further enacted, That said board of school commissioners shall make provision for the education of all children in said town between the ages of six and eighteen years, but separate schools shall be provided for the white and colored children. School age. Separate schools for white and colored [Illegible Text] SEC. IX. Be it further enacted, That the board of commissioners

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of said town shall have power to appropriate, from time to time, such sums of money for the purposes of building, purchasing, and improving school-houses and other school property for the use of the public schools herein provided for, as the condition of the town treasury may authorize. Appropriations for school 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 December 5, 1895. PINEHURST, TOWN OF INCORPORATED. No. 190. An Act to incorporate the town of Pinehurst, 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 Pinehurst, in the county of Dooly, be, and the same is, hereby incorporated as a town under the name of the town of Pinehurst. The corporate powers of said town shall be vested in a mayor and six councilmen, and by the name of the mayor and council of the town of Pinehurst they may sue and be sued, plead and be impleaded, and exercise all other corporate powers that may be necessary in the performance of their trusts. Name of town. 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-half of one mile directly to the north, east, south, and west from the point where the depot of the Georgia Southern and Florida Railroad company is now located, the said territory being in the form of a square. Corporate limits. SEC. III. Be it further enacted by the authority aforesaid, That W. L. Williams be, and he is, hereby appointed mayor of said town, to hold the said office until the first Monday in January, 1898, when there shall be an election held for the election of his successor to hold the said office for two years; and there shall be elections for the said office of mayor every two years [Illegible Text] that date and time, as hereinafter provided. That J. M. Torbert, F. M. Barfield, and W. M. Haslem be, and they are, hereby appointed as councilmen of the said town, they to hold

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their said offices until the first Monday in January, 1897, when there shall be held an election in said town for the election of their successors as hereinafter provided. That G. L. Herring, J. J. Cooper, and D. T. Mashburn be, and they are, hereby appointed as councilmen of the said town, to hold their said offices until the first Monday in January, 1898, when there shall be held an election at the same time and place as the election for mayor, and their successors for the term of two years shall be elected. The mayor and the three councilmen elected or appointed to serve for one year, and the councilmen elected or appointed to serve for two years, shall in all cases serve until their successors are elected and qualified. Provisional mayor. Elections and terms of mayors. Provisional councilmen until 1897. Elections and terms of successors. Provisional councilmen until 1898. Election and terms of successors, etc. SEC. IV. Be it further enacted, That on the first Monday in January, 1897, there shall be held in the said town an election for three councilmen, who shall hold their office for the term of two years from that date, and until their successors are elected and qualified, and biennially thereafter a like election shall be held. That on the first Monday in January, 1898, there shall be held in said town an election for a mayor and three councilmen, who shall hold their offices for the term of two years from the date of the election, and until their successors are elected and qualified, and biennially thereafter a like election shall be held. At all elections all persons who are qualified to vote for members of the General Assembly of Georgia, under existing laws, and who have been bona fide residents of the said town for sixty days immediately prior to the election to be held, and who before registering, as hereinafter required, have paid all taxes of every description legally imposed and demanded by authority of the town, who shall have been duly registered as hereinafter required, shall be qualified voters. All of the said elections shall be conducted under the management of a justice of the peace and two freeholders who are residents of the town and not candidates in the election to be held, or in the absence of a justice of the peace any three freeholders, residents of the town, not candidates in the election, may manage the same. Said managers shall conduct the said elections as nearly as practicable as elections for members of the General Assembly are conducted. The polls at said elections shall be opened at 10 o'clock A. M. and closed at 3 o'clock P. M. The managers at each and all of the elections shall, before proceeding with the election, take and subscribe the following oath: All and each of us do swear that we will faithfully superintend this day's election; that we are qualified by reason of being freeholders, or a justice of the

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peace (as the case may be), 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 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 be present said oath may be made and subscribed by each manager in the presence of the others. The managers at the first election held under this charter shall issue a certificate of election to each of the persons elected, which shall be recorded on the records of said town. Said certificate shall be sufficient authority elected to enter 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 councilmen a like certificate and shall also certify the result of the election to the acting council, and the last said certificate shall be entered on the records of said mayor and town council. Said managers shall also furnish the town council one of the tally sheets of said election, certified to by themselves as correct. In the event that the mayor or any member of the council 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 is no mayor, 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. Municipal elections. Qualifications of voters. Election managers. Conduct of elections, etc. Oath of managers. Certificates of election. Election returns. Vacancies. SEC. V. Be it further enacted, That before entering upon the discharge of their duties, the mayor and councilmen shall take and subscribe 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 Pinehurst, Dooly county, Georgia, to the best of my ability and understanding, so help me, God, which oath may be administered by any officer who, under the laws of Georgia, is authorized to administer oaths. Oath of office. SEC. VI. Be it further enacted, That after the first election held under this charter, no person shall be allowed to vote in any election for said city who has not been duly registered as hereinafter provided. Registration required.

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SEC. VII. Be it further enacted, That it shall be the duty of the clerk and treasurer, on the first Monday in December in each year, to open a registration book or books for the registration of the qualified voters of said town. 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 4th Monday in December, when it shall be fairly and absolutely closed. It shall be the duty of the said clerk and treasurer, upon application, in person and not by proxy, of any male citizen who is qualified to vote for members of the General Assembly, who has paid all taxes of every character legally imposed and demanded by the authority of the town, and who upon the day of the election, if then a resident, will have resided in the said town for sixty days prior next thereto, to register the name of such person, recording on said lists besides the applicant's name, his age, occupation or business. Said clerk and treasurer shall not knowingly permit any one to register who is not lawfully entitled so to do, and may, in any case before registering the applicant, administer unto 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 the county of Dooly for six months, and in this town for sixty days next preceding this registration, or that by the date of the next town election, if still a resident of the town, you will have fulfilled these conditions; that it is your intention to remain a resident of this town until the date of the election for which this registration is taken; that you are twenty-one years old, and that you have paid all taxes due the town of Pinehurst, and that you have made all returns required of you by the ordinances of this town, so help you, God. Registration books. Qualifications for registry. Oath of applicant. SEC. VIII. Be it further enacted, That any person voting at any town election, who is not qualified to vote according to the provisions of this charter, shall be guilty of a misdemeanor, and upon conviction thereof in either the superior court or the county court of Dooly county, Ga., or in any other court having jurisdiction of misdemeanors committed in the said county, he shall be punished as prescribed in section 4310 of the Code of this State of 1882. Illegal voting. SEC. IX. 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

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the rights, privileges, and powers incident to such corporations, which does not militate against or which is not repugnant to the Constitution and laws of the United States or of the State of Georgia; that they may be capable in law and equity to have and purchase, hold, receive, and enjoy, possess and retain unto themselves and their successors in office for the use of the town of Pinehurst 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 real estate or personal property, the property of or belonging to said corporation, to convey the same or any part thereof, in any manner or way whatever as may seem to them best. General municipal powers. SEC. X. Be it further enacted by the authority aforesaid, That said mayor and councilmen shall have power to levy and collect a tax, not to exceed the amount allowed to be levied and collected under the Constitution and laws of this State, upon all property, real and personal, within the corporate limits of said town, and the same shall 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 to be made by the said marshal, and to be made and conducted in the same way and manner, and under the same rules and regulations as sheriff's 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 of this State, to work the streets of said town at such times as in their opinion is needful, or they may prescribe a commutation tax which may be paid in lieu of work upon the streets of the said town. Ad valorem tax. Street working and tax. SEC. XI. Be it further enacted by the authority aforesaid, That the mayor of the said town of Pinehurst shall be the executive officer of the said town, and in his absence the mayor pro tem , (who shall be elected by the councilmen from their number). He shall see that the laws of the said town, the ordinances, by-laws, rules, and regulations, and orders of the council are faithfully executed. He shall have control of the marshal and police of the said town, and may appoint special police whenever he may deem it necessary, and it shall be his duty to see especially that the peace, good order of the town is preserved, and that all persons and property therein are fully protected, and to this end he may cause the detention of all riotous or disorderly persous in the said town. He shall have power to impose fines, not to exceed the sum of fifty dollars, or to sentence any offender against the laws or ordinances of the said

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town, to be confined in the guardhouse of the said town, or be required to work upon the streets or public works in said town for any time not to exceed thirty days, or both, in his discretion, whenever they have violated any of the laws, by-laws, rules, or orders of council, or the ordinances of the said town. Duties and powers of mayor. Penalties, etc. SEC. XII. Be it further enacted by the authority aforesaid, That said mayor and councilmen, at their 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 among their own number or from among the citizens of the said town, and they shall also elect a marshal for said town, either from among the citizens of the said town or any other person that they may see fit to elect. The clerk and treasurer and the said marshal shall each make and give to the mayor and councilmen a bond, in an amount to be fixed by them, and to be approved by the mayor and made payable to him, conditioned for the faithful performance of their duties. Clerk and treasurer. Marshal. Official bonds. SEC. XIII. Be it further enacted, That the said clerk and treasurer, and the said marshal, shall each receive such salary or fees as they may fix and deem just and proper, subject to be changed at any time. The mayor and councilmen shall receive such salaries and be allowed such exemptions as they shall order by the ordinances of the said town. Compensation of subordinate officers. SEC. XIV. Be it further enacted by the authority aforesaid, That the mayor and council shall have authority to tax all shows, auctioneers, sleight of hand performances, gift enterprises, pool, and billiard tables, wheels of fortune, and other like enterprises, and all businesses, trades, and callings, and establishments in said town as they may deem proper and just; provided , the same is not repugnant to the Constitution and laws of the State. Specific taxes. SEC. XV. Be it further enacted by the authority aforesaid, That the said mayor and councilmen shall have the power and authority to regulate and control the sale of vinous, malt, intoxicating liquors, or patent nostrums, or any beverages 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 dealer in said town, to fix a fee for said licenses, and to impose penalties on any one selling without license, subject to the existing laws of this State. Sales of liquors. SEC. XVI. Be it further enacted by the authority aforesaid, That the mayor and council shall have power and authority to do any and all things which are usually done by corporations

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of like character in this State which are not contrary to the Constitution and the laws of the United States or of this State. General powers of mayor and council. SEC. XVII. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 16, 1895. QUITMAN, BOARD OF EDUCATION FOR. No. 109. An Act to amend an Act to establish a system of public schools in the town of Quitman, approved December 26th, 1888, and amended November 4th, 1889, to provide for the election of a board of education, composed of five members, to be elected from the competent voters of said town of Quitman. 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 Actan Act approved December 26th, 1888, to establish a system of public schools in the town of Quitman, and amended November 4th, 1889, be amended by repealing sections II. and V. of said Acts of 1888, and section II. of the Acts of 1889. Secs. 2 and [Illegible Text] of Act of Nov. 4, 1888, and sec 2 of Act of Nov. 4, 1889, repealed. SEC. II. Be it further enacted, That said board of education shall be composed of five members, to be elected from the competent voters of said town; that said board of education shall be elected for two years, the first election to be held on the last Wednesday in March, 1896, and said members shall be qualified and take charge July 1st following, and their successors shall be elected thereafter, biennially, for the term of two years, by the legal voters of said town of Quitman, at such times as the election may be held for the mayor and council in said town of Quitman, and shall be qualified and take charge July 1st following their election. That said election shall be conducted under the same rules and regulations as other elections are conducted, except that the returns thereof shall be made to the town council of Quitman, which council shall declare the result of said election within three days from the time the same is held. That said board of education shall have power to fill all vacancies caused by death or otherwise, and in case, from any cause, the number be reduced below a quorum of the original

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membership, then it shall be the duty of the mayor and aldermen of said town of Quitman to fill the vacancies on said board. Election and terms of board of education. Conduct and returns of election. Declaration of result. Vacancies. SEC. III. 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 13, 1895. ROBERTA, SALE OF LIQUORS PROHIBITED. No. 64. An Act to amend the charter of Roberta so as to prohibit the sale of any brandy, whisky, rum, gin, wine, beer, or any intoxicating liquors of any kind, 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 VII. of the charter of the town of Roberta be, and the same is, hereby amended by adding after the word Roberta, in the last line of said section, the words provided , there shall be no authority in said corporate authorities to grant license for or authorize the sale of any brandy, whisky, rum, gin, wine, beer, or any intoxicating liquor of any kind; and it shall not be lawful for any one to sell any brandy, whisky, rum, gin, wine, beer, or any intoxicating liquor of any kind within the corporate limit of said town, so that said section, when amended, shall read as follows, viz.: 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 granted to and are a part of the corporate authority of said town of Roberta; provided , that there shall be no authority to grant or authorize the sale of any brandy, whisky, rum, gin, wine, beer, or any intoxicating liquors of any kind; and it shall not be lawful for any one to sell any brandy, whisky, rum, gin, wine, beer, or any intoxicating liquors of any kind within the corporate limit of said town. Sec. 7 of charter amended. Sales of liquors forbidden. Section as amended. SEC. II. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and they are, hereby repealed. Approved December 9, 1895.

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ROME, RETIREMENT OF BONDED DEBT. No. 9. An Act to amend the charter of the city of Rome so as to enable said city to issue and exchange, or to issue and sell, bonds to retire its bonded debt which matures in the year 1896. SECTION I. Be it enacted, That for the purpose of paying off or funding the bonded debt of the city of Rome which matures on the first day of July, 1896, the said city may issue not exceeding one hundred and sixty-nine thousand dollars of bonds in such denominations and bearing such date and such rate of interest, payable semi-annually, as the mayor and council of said city may by resolution direct. The said bonds shall mature thirty years from the date thereof, and the said bonds and the interest thereon shall be payable at such place, or places, as said mayor and council may by resolution direct. Bonds to retire debt maturing July 1, 1896. Rate of interest, maturity, etc. SEC. II. Be it further enacted, That said mayor and council may by resolution provide for the incorporation of such additional provisions and stipulations in the face of said bonds, not herein provided for, as may be necessary to the negotiation, exchange, or sale thereof, and such provisions and stipulations shall be and become a part of the contract as if the same had been herein specially set forth. Provisions and stipulations in bonds. SEC. III. Be it further enacted, That the city of Rome may exchange said bonds or any part thereof with any holder or holders of the bonds of said city that mature in the year 1896, and settle the difference in the interest account with any such holder or holders on such terms as may be agreed on by said city and such holder or holders of said bonds. The said city may sell the said bonds or any part thereof for money, the said money to be held and used only for the redemption of the bonds of said city which fall due in said year. Exchange of bonds. Settlement of difference in interest. Sale of bonds and use of proceeds. SEC. IV. Be it further enacted, That the old bonds, so retired, shall be stamped paid, and from time to time and within thirty days after the same or any part thereof are paid, be cancelled by the clerk of said city in the presence of the said mayor and council, and a description of said bonds, including the numbers and denominations thereof, so cancelled, shall be entered on the minutes of the said mayor and council. Cancellation of retired bonds. SEC. V. Be it further enacted, That the sinking fund of $5,000, provided for and required to be annually raised for the

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retirement of the bonds of the city, by sections 51, 53, 54, 55, and 56 of the Act of the General Assembly of Georgia then known as the charter of Rome, approved September 25th, 1883, and contained in the corresponding sections of the present city code, from and after the year 1895, shall apply to and embrace the bonds authorized to be issued by this Act, as well as the remaining bonded indebtedness of the city now amounting to $120,600, so that said sinking fund shall be available for the retirement of any of the bonds of said city. Sinking fund. SEC. VI. Be it further enacted, That the coupons of said bonds shall, on and after the maturity thereof, be receivable for taxes due the city. Coupons receivable for taxes. SEC. VII. Be it further enacted, That said mayor and council shall, from time to time during each year, provide for the payment of the interest on said bonds at or before the maturity thereof, and for the payment of the principal at the maturity thereof, by the levy or levies of sufficient taxes for such purposes on all property subject to taxation by said city. Tax for payment of bonds. SEC. VIII. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved November 18, 1895. ROME, CHARTER AMENDED AS TO ADJUSTMENT BONDED DEBT, ETC. No. 4. An Act to amend the charter of the city of Rome, so as to repeal section 48 of the Act of the General Assembly approved September 25th, 1883, then known as the charter of Rome, and so as to repeal an Act to authorize and empower the mayor and city council of Rome to adjust and settle the present bonded debt of the city, and provide for the payment of the same, passed on the 28th day of February, 1876, so far as any future issue of bonds or debts are concerned, and so as to repeal an Act entitled an Act to amend the charter of the city of Rome, etc., passed on the 26th day of December, 1890, and so as to repeal sections 3 and 5 of an Act authorizing the mayor and council of the city of Rome to make a temporary loan, or loans, to supply casual deficiencies of revenue, etc., passed on the 21st day of December, 1893. SECTION I. Be it enacted, That section 48 of the Act of the

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General Assembly approved September the 25th, 1883, then known as the charter of Rome, the same being section 48 of the present city code, and an Act to authorize and empower the mayor and city council of Rome to adjust and settle the present bonded debt of the city, and provide for the payment of the same, passed on the 28th day of February, 1876, the same being sections 108 to 118, inclusive, of the present city code, so far as the same may relate to or affect any future issue of bonds or debts be, and the same are, hereby repealed. Sec. 48 of Act of Sept. 25, 1883. And Act of Feb. 28, 1876, repealed. SEC. II. Be it further enacted, That an Act to amend the charter of the city of Rome, etc., passed on the 26th day of December, 1890, the same being sections 162 to 166, inclusive, of the present city code, be, and the same are, hereby repealed. Act of Dec. 26, 1890, repealed. SEC. III. Be it further enacted, That sections 3 and 5 of an Act authorizing the mayor and city council of the city of Rome to make a temporary loan or loans to supply casual deficiencies of revenue, etc., passed on the 21st of December, 1893, the same being sections 189 and 191 of the present city code, be, and the same are, hereby repealed. Secs. 3 and 5 of Act of Dec. 21, 1893, repealed. SEC. IV. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved November 16, 1895. ROME, CORPORATE LIMITS CHANGED. No. 6. An Act to change the corporate limits of the city of Rome so as to include therein the following described land: Beginning at the northwest corner of land lot 237, thence along the line between land lots 203 and 204 to the right of way of the Rome and Decatur Railway; thence westerly along said right of way to the east side of West street in West Rome; thence southerly along said east side to Howard avenue; thence along the east side of Howard avenue to the right of way of the Chattanooga, Rome and Columbus Railroad; thence easterly along said right of way to the present corporate limits of Rome. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That the corporate limits of the city of Rome, Floyd

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county, Georgia, shall be changed so as to include therein the following described land: Beginning at the northwest corner of land lot 237, in the 23d district and 3d section of Floyd county; thence along the line between land lots 203 and 204 to the right of way of the Rome and Decatur Railway; thence westerly along said right of way to the east side of West street of West Rome; thence southerly along said east side to Howard avenue; thence along the east side of Howard avenue to the right of way of the [Illegible Text], Rome and Columbus Railroad; thence easterly along said right of way to the present corporate limits of Rome. Corporate limits changed. New [Illegible Text] SEC. II. Be it further enacted, That all laws and parts of laws in conflict with this Act are hereby repealed. Approved November 16, 1895. ROME, WATER COMMISSION FOR, ETC. No. 7. An Act to amend the charter of the city of Rome so as to create a water commission for said city, to define its powers and duties, to prevent the pollution of the city water, damage to its water-works, and to make it the duty of the commissioners to try or prosecute all persons injuring or damaging the same. SECTION I. Be it enacted, That a commission, to be known as The Water Commission, to consist of three persons to be elected, except the first board herein named, as hereinafter provided, is hereby created for the city of Rome. The first board shall consist of the following persons, who shall hold their respective offices as follows: W. W. Vandiver, one year; John T. Warlick, two years; E. L. Bosworth, three years, from and after the first day of December, 1895, and until their successors are elected and qualified. The mayor and council of the city of Rome shall, in November, 1896, and annually thereafter, elect a commissioner who shall succeed the commissioner whose term of office expires in such year, and all commissioners so elected shall hold their offices for three years, from and after the first day of December following their election. The said commissioners shall each be paid a salary of $100 per annum at such time or times during the year as the mayor and city council may direct. Water commission created. First board. Elections and terms of commissioners. Salary. SEC. II. Be it further enacted, That the title to so much of the

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new water-works property as now lies without the limits of the city of Rome shall be conveyed to and vested in said commissioners, upon the uses and trusts hereinafter named. Title of certain water-works property vested in. SEC. III. Be it further enacted, That the following powers and duties shall be, and are, hereby vested in and imposed upon the said commission, to wit: To pay the debt, now remaining unpaid, for the construction of said new water-works, amounting in the aggregate to about $27,000, and to this end they may issue bonds and mortgage the said new water-works property, herein described to be conveyed to them, upon such terms and conditions as they may by resolution provide; to elect annually, in the month of December, the following officers, who shall hold their respective offices for one year and until their successors are elected and qualified, unless removed therefrom by said commission, to wit: a superintendent, an engineer, and a clerk, who shall be the bill collector and ex officio treasurer, and to define the duties of each one of said officers, and to appoint such other agents and persons as may be necessary to carry on and operate said water-works; to fix the salaries and pay of all such officers and employees, and to alter the same from time to time at their discretion; provided , that the present salaried officers of the water-works department shall be entitled to hold their places until their present terms expire; to manage and control the entire water-works system of the city, including that portion known as the new water-works and that portion lying within the city limits; to maintain, repair, and extend said water-works, and to make such betterments thereon as they may be able to pay for out of any surplus income they may have, or out of any appropriations that may be made by the mayor and council of the city for that purpose; to erect, alter, and maintain fire plugs and public hydrants in such places, within the limits of said city, as the mayor and council may direct, and to regulate the use thereof; to supply the city with water for fire purposes, sprinkling the streets, flushing the sewers, and for such other purposes as may be necessary for or conducive to the public welfare in the discretion of the mayor and council, without charge to said city; to regulate the distribution and use of water in all places and for all purposes, and from time to time to fix the price and time of payment for the use thereof; to collect and expend the income of said works for the purposes herein named, and to pay all surplus income and money received by them, after the payment of the debt and other expenses herein provided for into the treasury of the city; to issue executions, by their chairman, against tenants and landlords, jointly or severally, for water rents due by them, or either of them,

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to be levied and collected by the clerk of said commission in the same manner and under the same rules and regulations as now apply to constables' sales in this State, and the cost thereof shall be the same as now apply to such sales. Defendants in such executions, who are not so indebted for water tax, may resist the payment thereof by illegality, as in other cases of illegality, returnable to either of the justice courts held in the city of Rome, where the amount does not exceed one hundred dollars, and to the city or superior court of Floyd county where the amount exceeds that sum; to require payment in advance, or at maturity, for water furnished by them in or upon any building, place, or premises, and in case payment shall not be made as required, to shut off the water from such building, place or premises, and to keep the same, at their discretion, shut off until the arrears due for water, with interest thereon, shall be fully paid; to enter, at all seasonable hours, by themselves, officers, or agents, any dwelling or other house or place where water is [Illegible Text] or used, and where unnecessary waste is known or suspected, and examine into the cause thereof, to prevent any such waste; and to make, or require to be made, any alteration in the pipes, stop-cocks, or other apparatus necessary for such purpose; to examine all surface pipes, stop-cocks, and other apparatus connected with said works, and to ascertain whether the same are of the character and dimensions fixed in the manner directed in permits issued therefor, and to shut off the supply of water until such examination and repairs are made; to make rules and regulations respecting the introduction of water into or upon any premises, and, from time to time, to regulate the use thereof, in such manner as shall seem to them necessary or proper; to pass such ordinances, not inconsistent with the laws of this State, as may be necessary or expedient for the management or operation of said water-works, and to modify or repeal any such ordinance passed by them, and any ordinance, or ordinances, heretofore passed by the mayor and council of the city of Rome relating to water-works, or to the management, operation, or control thereof; provided , all ordinances, rules and regulations of the city now relating thereto shall be and remain of force until the same are so modified or repealed; to impose penalties and fines on persons violating ordinances relating to said water-works not exceeding one hundred dollars, or not exceeding thirty days in the city prison, one or both, or any part thereof, in their discretion; to issue warrants, by either one of said commissioners, for the arrest of persons violating any penal law relating to said works, and to act as a committing court in such cases. Powers and duties of commission. Election, etc., of subordinate officers. Management and control of water-works system. Fire plugs and hydrants. City supply. Distribution and use of water. Collection and expenditure of income. Collection of water rents. Payment for water furnished. Examinations as to waste, etc. Regulations as to introduction and [Illegible Text] of water, etc. Penalties. Warrants for arrest of offenders, etc.

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SEC. IV. Be it further enacted, That two of said commissioners shall constitute a quorum for the transaction of the business thereof, and a majority of said commission shall govern and control in all matters herein provided for. Quorum. SEC. V. Be it further enacted, That said commission shall make no contract for the use of water for a longer period than two years, nor shall they, by any contract, limit or restrain their power, or that of their successors, to make contracts with other persons, or to modify or discontinue such as they may make whenever, in their judgment, it may be necessary to do so. Limitations as to contracts. SEC. VI. Be it further enacted, That the clerk of said commission shall be ex officio treasurer of said commission. He shall give bond, with good security, to be approved by said commission, in the sum of $5,000, conditioned to safely keep and account for all money collected or received by him, and faithfully to perform all the duties of his office. Treasurer. SEC. VII. Be it further enacted, That any officer or agent elected or appointed by said commission may, at the option of said commission, without cause assigned and at their discretion, be removed, and the vacancy or vacancies so caused immediately filled by them. Election for vacancies in case of the three officers first above named shall be for unexpired terms only. Removals from office. SEC. VIII. Be it further enacted, That said commission shall make quarterly reports to the mayor and council of said city, beginning with the first day of April, 1896, of all receipts and disbursements made by them; and all money not required for the purposes herein set forth shall be paid to the city treasurer. And if the income of said water-works shall hereafter be insufficient to pay the expenses of operating them and keeping them in repair and to pay the principal and interest of the debt now owing on the construction account herein referred to, the mayor and council shall, as the same may be required, to appropriate sufficient money, to be raised by taxation, to cover any such deficit or deficits. Quarterly reports. [Illegible Text] of money for. SEC. IX. Be it further enacted, That said commission shall be amenable to the mayor and council of the city of Rome, and they shall be subject to removal from office for neglect of duty or for malfeasance therein, on trial and conviction thereof, by said mayor and council; and the said mayor and council may at any time inquire into the management of said water-works, and require reports of the condition thereof to be made to them from time to time, as they may direct. In case one or more of said commissioners shall be removed from office, or if a vacancy or vacancies shall occur therein from any cause, said mayor and council may immediately fill any vacancy or vacancies caused thereby. Control of commission by mayor and council.

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SEC. X. Be it further enacted, That it shall be the duty of the marshal and police of said city to aid and assist said commissioners in protecting said water-works from injury and enforcing all laws and ordinances relating thereto. They shall report to said commission all violations of law coming within their knowledge, or of which they shall be advised, serve warrants, make arrests, and obey all orders given them by said commission for the purposes stated; and the authority of the police of Rome is hereby extended to such territory beyond the corporate limits of the city of Rome, within the limits of the county of Floyd, as may be necessary to carry this section into effect. Marshal and police to assist [Illegible Text] Police power over territory outside of city. SEC. XI. Be it further enacted, That any person violating any ordinance relating to said water-works shall be tried by said commission, on five days' notice to such person of the offense charged and of the time and place of trial. They shall presecute, or cause to be prosecuted, all persons violating any law passed for the protection of said water-works. Trial of [Illegible Text] SEC. XII. Be it further enacted, That if any person shall maliciously or wilfully divert the water, or any part thereof, from said works, or shall pollute, corrupt, or render the same impure, [Illegible Text] shall destroy or injure any canal, aqueduct, pipe, conduit, machinery, or other property used or acquired for procuring or distributing the water, such persons, and their aiders and abetters, shall be liable to said commission for treble the amount of such damages, to be recovered by suit in the superior or city court of Floyd county, Georgia. And all such acts are hereby declared to be misdemeanors, and parties found guilty thereof shall be punished by a fine of not exceeding $1,000, or by imprisonment in the common jail not exceeding one year, or by hard labor in the chain-gang of the county of Floyd, or for any other county of the State, not exceeding [Illegible Text] months, one or all of said penalties, or any part thereof, in the discretion of the court. Punishment for [Illegible Text] with water supply, etc. SEC. XIII. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved November 16, 1895.

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SAVANNAH, TITLE, ETC., OF OLD CEMETERY. No. 58. An Act to fix permanently the title and status of the piece of ground on the southeast corner of South Broad and Abercorn streets, in the city of Savannah, now enclosed and known as the Old Cemetery; to confirm the decree of the superior court of Chatham county in the equity causes of John Williams et al. vs. The Mayor and Aldermen of the City of Savannah, and of the church wardens and vestrymen of the Episcopal Church in Savannah, called Christ Church, against the same; to perpetually dedicate said piece of ground for the uses set forth in the said decree, and for no other uses or purposes whatsoever, the same to be owned, preserved, and controlled by the mayor and aldermen of the city of Savannah, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That the title and status of that certain piece of ground in the city of Savannah, Georgia, commonly known as the Old Cemetery, on the southeast corner of South Broad and Abercorn streets, embracing also an open strip of land on South Broad street lying between the wall and pavement from Abercorn street to police barracks; said whole tract being bounded on the north by South Broad street, on the east by the police barracks and county jail, on the south by the city pound and a lot of the street and lane department, and on the west by Abercorn street, are hereby permanently fixed in accordance with the consent decree of the superior court of Chatham county, taken in said court on the ninth day of November, 1895, in the equity causes of John Williams et al. vs. The Mayor and Aldermen of the City of Savannah, and of the church wardens and vestrymen of the Episcopal Church in Savannah, called Christ Church, vs. the same defendant, which said decree and all of its terms, provisions, conditions, and covenants are hereby approved and confirmed; the said piece of ground is hereby perpetually granted and dedicated to the uses set forth in the said decree, and for no other uses or purposes whatsoever, and the same shall be hereafter owned, preserved, and controlled by the mayor and aldermen of the city of Savannah for the purposes of the said decree, and subject to all of its terms, conditions, provisions, and covenants, and for no other use or purpose whatsoever. Title and status of property. Fixed in accordance with decree of Nov. 9, 1895. Property dedicated to the uses set forth in the decree. Preservation and control of.

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SEC. II. Be it further enacted, That all laws and parts of laws in conflict with this Act are hereby repealed. Approved December 5, 1895. SAVANNAH, COMMISSIONER PUBLIC WORKS. No. 56. An Act to create the office of commissioner of public works for the city of Savannah, to define his powers and duties, to provide a clerk for said commissioner, to provide for the compensation of said commissioner and clerk, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That from and after the first Monday in January, eighteen hundred and ninety-six (1896), the office of commissioner of public works for the city of Savannah is hereby created, and a commissioner to fill the same shall be appointed by the mayor of said city, which appointment to become effective shall be confirmed by the mayor and aldermen of the city of Savannah in council assembled, at any regular meeting in December, eighteen hundred and ninety-five (1895), and if, for any reason, such appointment should not be confirmed until after the month of December, eighteen hundred and ninety-five (1895), the appointee, whenever confirmed, shall hold office, his term dating back to the first Monday in January, eighteen hundred and ninety-six (1896), and this same provision shall apply so that if any future appointment be not confirmed during the month of December in any year, the appointee shall hold office, his term dating back to the first Monday in January next succeeding said December. The term for which said commissioner shall be appointed shall be for six years from the first Monday in January, eighteen hundred and ninety-six (1896), and the succeeding terms shall be for the same number of years and until a successor shall be duly appointed, confirmed, and qualified. At any regular meeting in the December preceding the expiration of any of said terms of office, an appointment shall be sent in by the mayor to the mayor and aldermen of the city of Savannah in council assembled, of a commissioner to succeed the one whose term shall expire on the first Monday in the January next succeeding said December. Should a vacancy occur in said office at any time from death, resignation, or from any other cause than the expiration of a regular term, it shall be the duty of the mayor of said

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city, within thirty (30) days after the occurrence of said vacancy, to appoint an incumbent to fill said unexpired term, which appointment shall be acted upon by the mayor and aldermen of the city of Savannah in council assembled, shall become effective when confirmed, and said incumbent shall then hold until said unexpired term shall expire, and until his successor is appointed, confirmed, and qualified. No person shall be eligible to appointment as said commissioner of public works, unless he be a citizen of the United States, and has been a resident of the city of Savannah continuously for at least two (2) years prior to his appointment. The mayor of the city of Savannah shall have power, if any appointment made by him under this section shall not be confirmed by the council of Savannah, to continue appointing until an appointee shall be satisfactory to said council; and the mayor shall also have the power to withdraw the name of any appointee and substitute another, at any time before action is had upon the same by the said council, and this power of appointment by the mayor shall continue, so as to enable him to exercise the same in December of any year when the same is required to be made, and thereafter at any regular meeting or meetings, until an appointment satisfactory to said council shall have been made. Office created. Appointment of commissioner and term of office. Vacancies in office. Qualifications for office. If appointment not confirmed mayor may continue appointing, etc. SEC. II. Be it further enacted, That the said commissioner of public works, when appointed and confirmed, before entering upon the duties of office, shall take and subscribe the following oath of office, before the mayor of Savannah, to wit: I swear that I will faithfully and impartially perform the duties of commissioner of public works for the city of Savannah during my continuance in office, and that I will not be concerned nor interested pecuniarily in any way in any contract for work to be done or materials to be furnished for or about any public work done under my supervision, nor in any contract for the purchase of property or supplies appertaining thereto. I will make all appointments, and discharges of employees, and will make all selections or purchases of material, conduct and execute all contracts and dealings in behalf of the city of Savannah, and in these, as in all other respects, will discharge the duties of said office with an eye single to my duty and the good of the public service, without fear, favor, affection, reward, or the hope thereof, and I will faithfully execute all lawful orders of the city government, relating to this department, as officially expressed by ordinances, resolutions, or otherwise. This oath shall be filed in the office of the clerk of council of said city; at the time of the filing of said oath with said clerk, the said commissioner shall also execute a bond to the mayor and aldermen of

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the city of Savannah and its successors, with security, to be approved by the mayor of Savannah, in the sum of ten thousand ($10,000) dollars, conditioned for the faithful discharge of the duties of said office, which bond shall also be filed with said clerk of council. Oath of office. Bond of commissioner. SEC. III. Be it further enacted, That the said commissioner of public works shall have an office in the same building wherein the other city offices are located, now called the city exchange. The salary of said commissioner shall be fixed and prescribed by the mayor and aldermen of the city of Savannah, in council assembled, and shall not be increased or diminished during his term of office. There shall also be a clerk for said commissioner, who shall be appointed by him, and said clerk shall attend to all of the clerical duties which may devolve upon him, under the direction and control of said commissioner, and before entering upon the duties of his office, said clerk shall take an oath for the faithful and impartial performance of his duties, before any officer authorized to administer said oath, which oath shall be filed in the office of the clerk of council; and said clerk shall give a bond to the mayor and aldermen of the city of Savannah, and its successors, in the sum of twenty-five hundred ($2,500) dollars, with security, to be approved by the mayor of said city, conditioned for the faithful discharge of the duties of [Illegible Text] office, which bond shall also be filed with said clerk of council. The said clerk shall receive such salary as may be fixed and prescribed by the mayor and aldermen of the city of Savannah, in council assembled, and shall be subject to discharge at any time by said commissioner, and when discharged his compensation or salary shall cease. Except when otherwise directed by said commissioner, the said clerk shall remain in the office of the commissioner during business hours. Suitable books shall be kept in said office, showing, among other things, a record of all the actings and doings of said commissioner, and of all moneys received and disbursed. Location of office Salary of commissioner. Clerk of commissioner. Oath and bond of clerk. Salary of clerk. Office hours. Books to be kept. SEC. IV. Be it further enacted, That the said commissioner of public works shall have full and complete control of the execution of all work of every kind ordered from time to time by the mayor and aldermen of the city of Savannah to be done on the streets, lanes, roads, or extensions of the same, sidewalks, walks, and passages through parks and squares, curbing, bridges, culverts, sewers, and drains of the city of Savannah, including the sprinkling, cleaning, and lighting of streets, and of all work that may be ordered to be done by the park and tree commission. He shall further have full and complete control of the odorless excavating machine department,

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including the cleaning of vaults, and of the scavenger department, including the removal of all garbage from yards, streets, lanes, and other portions of the city; and of the crematory for the disposal of the same, of all work done in Laurel Grove cemetery, or of any other cemetery of the city; of the building and repairing of all public docks and ships in the city, of the building and repairing of all buildings owned by the city, except those connected with or embraced in the water-works, police, and fire departments, and shall also have charge of all mules, wagons, tools, machinery, and other personal property of the city of Savannah, used in and about public works, except such as may be used in the water-works, police, and fire departments. He shall have power to get bids on and purchase and contract for all supplies and material needed in any of the departments under his supervision, in such manner as the city council may direct; shall have power to appoint and remove a superintendent of [Illegible Text] department, a foreman of streets and lanes, a a foreman of the odorless excavating machine department, a foreman of the city crematory, a keeper of Laurel Grove cemetery, or of any other city cemetery, and all other officers and employees that may be required in any of the departments under his supervision; and as to the superintendent of the scavenger department and keeper of Laurel Grove cemetery now in office, the said commissioner of public works shall have full power and authority, at any time, if in his judgment he deems best, to remove the same and appoint others in their places; he shall further have charge of the city magazine, with power to appoint a keeper of the same; and the said commissioner of public works being held responsibile for the proper conduct of his department, as above embraced, shall have the right to remove and discharge any officer or employee, in any of the branches of work under his supervision, for incompetency or for any other cause, which, in his judgment, may result in poor service rendered to the city of Savannah by them, and shall also have the right to exact from any subordinate in any of his departments, bond, with good security, for the faithful performance of his duties, payable to the mayor and aldermen of the city of Savannah, in such sums as may be by him prescribed, or, as may be exacted by the mayor and aldermen of the city of Savannah, in council assembled. Powers and duties of commissioner. SEC. V. Be it further enacted, That the said commissioner of public works and his clerk shall devote their entire time, respectively, to the interests of the city, and shall have or engage in no other calling or business than the duties of their respective offices during the time that they, respectively, may continue to occupy the same. Commissioner and clerk to engage in no other calling.

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SEC. VI. Be it further enacted, That all accounts for work done in the department of said commissioner of public works, in all of its branches, shall be paid for out of the regular annual budget or appropriation set apart by the mayor and aldermen, in council assembled, for such work, and shall, before they are paid, be made out as other bills or accounts against said city are made, to be approved by the said commissioner of public works, if found correct, and to be approved further by such committee of the city council as may be designated by the mayor of the city of Savannah. The said commissioner shall be responsible to the mayor and aldermen of the city of Savannah, in council assembled, for the just and economical expenditure of the public funds in his department, and in contracting and performing the work under his control, he shall be subject to the direction and control of said city council, and such orders, regulations as that body may, from time to time, adopt in relation to the same. The books and records of his office shall always be subject to inspection by the mayor of Savannah, or by any committee of the city council designated by said mayor. Payment of accounts for work, etc. Commissioner responsible for expenditures in his department, etc. Office books and records subject to inspection. SEC. VII. Be it further enacted, That said commissioner of public works shall make a report to the mayor of Savannah in the month of October of each year, submitting an estimate of the expenses of running said department, and all branches thereof, for the next year, and on or before the first day of January, in each year, the said commissioner of public works shall submit a report in writing to the mayor of said city, to be filed with the clerk of council, showing all the actings and doings of the department, its receipts and disbursements, its condition, and everything connected therewith during the preceding year, with such recommendations as said commissioner shall see fit to make in regard to the same, and he shall make such other reports, from time to time, as may be required of him by said mayor or by the city council of Savannah. Reports by commissioner. SEC. VIII. Be it further enacted, That the mayor and aldermen of the city of Savannah may hereafter, from time to time, as it may see fit, confer upon said commissioner of public works additional powers and duties to those specified in this Act. Additional powers and duties may be conferred. 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 5, 1895.

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SAVANNAH, BOARD OF FIRE COMMISSIONERS. No. 54. An Act to create and organize a board of fire commissioners for the city of Savannah, to define its jurisdiction, duties, and powers, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That from and after the first Monday in January, eighteen hundred and ninety-six (1896), a board of fire commissioners for the city of Savannah is hereby created, to consist of three (3) members, who shall be appointed by the mayor of said city, and who shall serve without salary or other compensation, which appointments, to become effective, shall be confirmed by the mayor and aldermen in council assembled, at any regular meeting in December, eighteen hundred and ninety-five (1895), and if, for any reason, such appontments should not be confirmed until after the month of December, eighteen hundred and ninety-five (1895), the appointees, whenever confirmed, shall hold office, their terms dating back to the first Monday in January, eighteen hundred and ninety-six (1896); and this same provision shall apply so that if any future appointments be not confirmed during the month of December, in any year, the appointees shall hold office, their terms dating back to the first Monday in the January next succeeding said December. The terms for which said commissioners shall be appointed are as follows: One for the term of two (2) years, one for the term of four (4) years, and one for the term of six (6) years, from the first Monday in January, eighteen hundred and ninety-six (1896), respectively. At any regular meeting in December, eighteen hundred and ninety-seven (1897), and thereafter, biennially, an appointment shall be sent in by the mayor to the mayor and aldermen of the city of Savannah, in council assembled, of a commissioner to succeed one, whose term shall expire on the first Monday in the January next succeeding said December. Should a vacancy occur in said board at any time, from death, resignation, or from any other cause than the expiration of a regular term, it shall be the duty of the mayor of said city to appoint an incumbent within thirty (30) days after the occurrence of said vacancy, to fill said unexpired term, which appointment shall be acted upon by the mayor and aldermen of the city of Savannah, in council assembled, and shall become effective when confirmed, and said incumbent shall then hold until said unexpired term shall

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expire, and until his successor is appointed, confirmed, and qualified. Each regular term of the first appointees shall begin on the first Monday in January, eighteen hundred and ninety-six (1896), and close at the end of the term for which they shall have been appointed, respectively, and until a successor is appointed, confirmed and qualified, and each regular appointee thereafter shall hold his office for the term [Illegible Text] six (6) years, respectively, from the first Monday in January, eighteen hundred and ninety-eight (1898), nineteen hundred (1900), and so on, and until his successor is appointed, confirmed, and qualified. No person shall be eligible to the appointment as one of said commissioners unless he be a citizen of the United States and has been a resident of the city of Savannah continuously for at least one year prior to his appointment. The mayor of the city of Savannah shall have power, if any appointment made by him under this section shall not be confirmed by the mayor and aldermen of the city of Savannah, in council assembled, to continue appointing until an appointee shall be satisfactory to said council; and the mayor shall also have the power to withdraw the name of any appointee and substitute another at any time before action is had upon the same by the said council, and this power of appointment by the mayor shall continue so as to enable him to exercise the same in December of any year, when the same is required to be made, and thereafter at any regular meeting or meetings, until an appointment satisfactory to said council shall have been made. Board created. Appointment, terms of office, etc. Qualifications for office. If appointment not confirmed, mayor may continue appointing, etc. SEC. II. Be it further enacted, That each member of the board, before entering on the duties of his office, shall take and subscribe the following oath of office, before some officer authorized to administer it, to wit: I swear that I will faithfully and impartially demean myself as a fire commissioner, during my continuance in office, and will well and truly perform all of the duties of said office; that I will not be concerned or interested, pecuniarily, in any way, in any contract for the purchase of property or supplies for the use of said department. I will not knowingly permit my vote in the election or appointment of any person to position in the fire department to be influenced by fear, favor, or affection, reward or the hope thereof, but in all things pertaining to my said office I will be governed by my conviction of the public good. The oath shall be entered on the minutes of the proceedings of the board, and the original shall be filed in the office of the clerk of said council. Oath of office. SEC. III. Be it further enacted, That the board of fire commissioners thus appointed and qualified shall have exclusive power, and

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it shall be its duty to elect an executive officer, to be known as fire chief, and to appoint such other officers as said board may determine upon and designate, and the firemen in the fire department and all members thereof. The said board shall keep a record of its proceedings, and it shall appoint one of the fire department to act as clerk thereof, and shall elect one of its members chairman and one vice-chairman of said board, each of whom shall vote, when present at meetings, upon all matters acted upon by said board; and in all cases it shall require two affirmative votes in favor of any measure to effect its passage. It shall hold a stated meeting each month at the headquarters of the fire department of Savannah, and such other meetings from time to time as it shall designate, or as may be called by the chairman or vice-chairman, or as may be called by the mayor of Savannah, said special meetings to be held at the same place as prescribed above for monthly meetings, or at such other place in the city of Savannah as may be designated in the call. Two shall constitute a quorum, with power to transact business. It shall exercise full direction and control of the fire chief and of all the officers, firemen, and members of the fire department, and shall have general management of the fire department of said city and of all property, real and personal, therewith connected, and shall make all rules and regulations which it may deem needful for the government thereof, and may prescribe suitable penalties, including suspension, fine, or removal from office or position, for the infringement of its rules, and may enforce the same as said board may prescribe. All vacancies in said fire department, including those in the office of fire chief and in such other offices as may be determined upon and designated by said board, shall be filled by said board. All officers, firemen, and members of said department, except the fire chief, whether heretofore or hereafter appointed, shall hold their offices or positions until removed by the action of said board, the removal of the fire chief to be effected as hereinafter prescribed. No person shall be eligible to election as fire chief, or to appointment in the department unless he be at least twenty-one (21) years of age, a citizen of the United States, and shall have been a citizen and resident of the city of Savannah continuously for at least one (1) year prior to his said election or appointment, of good character and good habits, and shall have paid all taxes due by him to the State, county, and city, which last fact shall be evidenced by the production of his tax receipts or by other satisfactory evidence, and shall also meet the requirements, looking to fitness and competency, as may be prescribed under the rules and regulations of said board of fire commissioners. No officer

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or member of the fire department shall be appointed without the written recommendation of the fire chief. The terms, respectively, of the present incumbents of the offices of chief, assistant chief, and second assistant chief of the fire department of Savannah shall expire on the first Monday in January, 1896, and the present incumbents shall have no right or authority to hold their said respective offices or to discharge any of the duties thereof after said first Monday in January, eighteen hundred and ninety-six (1896). Said board of fire commissioners shall, on said first Monday in January, eighteen hundred and ninety-six (1896,) elect for the term of two years from that date, an executive officer, to be known as fire chief, and shall prescribe his duties. Another election for fire chief shall be had by said board on the first Monday in January, eighteen hundred and ninety-eight (1898), and thereafter biennially. The said fire chief shall be the executive officer of the fire department, subject to the direction of said board, and shall be responsible to said board for the performance of his duties. The board shall require him to take an oath before entering upon the duties of his office, and to be filed with the board, that he will faithfully perform his duties as fire chief of the city of Savannah, will obey all orders and directions of the board, and that he will not be concerned or interested, pecuniarily, in any way in any contract concerning realty or personalty appertaining to the fire department, nor for the purchase of any property or supplies for said department during his continuance in office as fire chief. The board shall have the power to require bonds for the faithful performance of duties of the fire chief or of any other officers of the fire department, in such sums and to be conditioned as said board may direct. The board shall have exclusive power of fixing the compensation of the fire chief and other officers, firemen, and members of the fire department; the compensation or salary, however, of the fire chief, after being once fixed, shall not be increased or diminished during his continuance in office, and upon the removal or dismissal by said board of the fire chief, or any other officer, fireman, or member of said department, the salary or compensation of such removed or dismissed officials, firemen, or members shall at once terminate. The said board shall have the right to remove the said fire chief at any time for incompetency or inefficiency, or for inability from any cause to discharge the duties of said office, or in the event he should be convicted of any crime under the laws of Georgia, or for any misconduct or gross neglect of duty such as, in the judgment of said board, would render him unfit to hold this important office any longer; but such removal shall not be effected

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unless written charges against said fire chief are formulated, which shall be heard by the full board after five days' notice to said accused. Said fire chief may be removed from office upon the hearing of said charges; provided , each member of said board shall concur in such removal, and the action of the board upon such hearing, showing the vote of each member upon the question of the removal of said fire chief, shall appear upon the minutes of said board of fire commissioners. Fire chief, officers and members fire department. Minutes, etc. Chairman and vice chairman, etc. Meetings of board. Quorum. Control of fire department. Qualifications for positions in fire department. Terms of present officers of fire department. Terms of fire chief. His duties, etc. Bonds of chief or other officers. Compensation of officers and members fire department. Removal from office of fire chief. SEC. IV. Be it further enacted, That the said board of fire commissioners shall control, manage, and see to the proper expenditure of the appropriation fixed in the budget of each year, by the mayor and aldermen of the city of Savannah in council assembled, for the maintenance and support of the fire department; all moneys to be paid by the city treasurer, as now, but not to be paid except upon bills or requisitions certified by the fire chief and approved by the chairman or vice-chairman of said board; the said moneys so to be paid out for the maintenance and support of the fire department in no case to exceed the amount appropriated for said purposes in the budget of the city. Expenditures for fire department. SEC. V. Be it further enacted, That said board of fire commissioners shall cause the fire chief to make a daily morning report to the mayor of the city of Savannah upon forms prescribed by said mayor, showing the condition of the department, its effective strength, the condition of all public property of the department, and such other information as may be required thereon; and the said board shall further make or cause to be made to the mayor of said city of Savannah a quarterly return upon the first days of January, April, July, and October, upon forms that may be prescribed by said mayor, showing the condition of said department and of all public property in its charge, with all changes which may have taken place during the preceding three months. The board shall make and present to the mayor of the city of Savannah during the month of October in each year, or at such other time as may be required by him, an estimate of the needs of the fire department for the ensuing year, so that the same may, be properly considered in making up the budget of the city, and shall also make to the mayor of said city, on or before the first day of January of each year a full and complete report in relation to said department, and of the actings and doings of the said board during the preceding year, showing all moneys received and paid out on behalf of said department, its condition and the condition of all public property controlled by it, with such recommendation looking to the effectiveness of said department and the public good as may be deemed

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proper by said board, or as may be required by said mayor. The mayor of the city of Savannah shall have the right to make such recommendations in writing to said board, from time to time, as he may deem proper, to have free access at all times to all the records and proceedings, books and papers of said board, to be present, if he chooses, at any regular or special meeting of said board, and shall always receive notice of said meetings at the same time the members of the board are notified, by notice left at the city exchange, though he will have no vote or other power at said meetings; and he shall have the further right to inspect, at any time he may choose, said fire department, the officers, and members thereof, or the property, real and personal, connected therewith, and any committee of said council designated by the mayor shall at any time have access to the proceedings, books, and papers of said board, and the same right of inspection hereinbefore given to the said mayor. Daily report by fire chief. Quarterly report by board. Annual estimate. Annual report. Mayor's recommendations to board, etc. Notice to mayor of board meetings. Inspections by mayor and council. SEC. VI. Be it further enacted, That the mayor and aldermen of the city of Savannah may hereafter, from time to time, as it may see fit, confer upon said board other powers and duties not inconsistent with this Act. Additional powers and duties may be conferred. 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 4, 1895. SAVANNAH, BOARD OF TAX-ASSESSORS AND RECEIVERS. No. 71 An Act to create and organize a board of tax-assessors and receivers for the city of Savannah, to define its powers and duties, to provide a clerk for said board, to provide for the compensation of said tax-assessors and receivers and said clerk, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That from and after the first Monday in January, eighteen hundred and ninety-six (1896), a board of tax-assessors and receivers for the city of Savannah is hereby created, to consist of three members, who shall be appointed by the mayor of said city, which appointments [Illegible Text] become effective, shall be confirmed by the mayor and aldermen of said city in council assembled at any regular meeting in December, eighteen hundred and ninety-five

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(1895); and if for any reason such appointments should not be confirmed until after the month of December, eighteen hundred and ninety-five (1895), the appointees, whenever confirmed, shall hold office, their terms dating back to the first Monday in January, eighteen hundred and ninety-six (1896), and the same provision shall apply, so that if any future appointment be not confirmed during the month of December, in any year, the appointee shall hold office, his term dating back to the first Monday in January next succeeding said December. The term for which said tax-assessors and receivers shall be appointed are as follows; One for the term of two years (2), one for the term of four years (4), and one for the term of six years (6), from the first Monday in January, eighteen hundred and ninety-six (1896), respectively, and until their successors shall be appointed, confirmed and qualified. At any regular meeting in December, eighteen hundred and ninety-seven (1897), and thereafter biennially, an appointment shall be sent in by the mayor to the mayor and aldermen of the city of Savannah in council assembled of a tax-assessor and receiver, to succeed the one whose term shall expire on the first Monday in January next succeeding said December, and such appointees shall hold, respectively, for the term of six (6) years from the first Monday in January, eighteen hundred and ninety-eight (1898), nineteen hundred (1900), and so on, and until their successors, respectively, are appointed, confirmed, and qualified. Should a vacancy occur in said board at any time from death, resignation, or from any other cause than from the expiration of a regular term, it shall be the duty of the mayor of said city, within thirty (30) days after the occurrence of such vacancy, to appoint an incumbent to fill said unexpired term, which appointment shall be acted upon by the mayor and aldermen of the city of Savannah in council assembled, and shall be effective when confirmed, and said incumbent shall then hold until said unexpired term shall expire, and until his successor shall be appointed, confirmed and qualified. No person shall be eligible to appointment as one of said tax-assessors and receivers unless he be a citizen of the United States, and has been a resident of the city of Savannah continuously for at least five (5) years prior to his appointment, and shall have paid all taxes, State, county and municipal, which may have been required of him for five (5) years prior to his appointment. The mayor of the city of Savannah shall have power, if any appointment made by him under this section shall not be confirmed by the mayor and aldermen of said city in council assembled, to continue appointing until an appointment shall be made satisfactory to said council, and the mayor shall also

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have power to withdraw the name of any appointee, and substitute another at any time before action is had upon the same by said council; and this power of appointment by the mayor shall continue so as to enable him to exercise the same in December of any year when the same is required to be made, and thereafter at any regular meeting or meetings of council until an appointment satisfactory to said council shall have been made. Board created. Appointment, terms of office, etc. Qualifications for office. If appointment not confirmed, mayor may continue to appoint, etc. SEC. II. Be it further enacted, That each member of said board, before entering upon the duties of his office, shall take and subscribe an oath of office before the mayor of said city, to the effect that he will well and truly perform all of the duties pertaining to said office as prescribed by law. Said oath shall be entered on the minutes of the proceedings of said board, and the original shall be filed in the office of the clerk of said council. Oath of office. SEC. III. Be it further enacted, That the said board of tax-assessors and receivers shall have power to assess the real estate and improvements in the city of Savannah for taxation, to receive returns of property, both real and personal, for taxation, and in cases of failure to return personal property for taxation, or of failure to make a true return, or of attempt at fraud in returning the same, to assess the value of personal property for taxation, and shall perform such other duties germane hereto as may be prescribed by the ordinances of said city of Savannah; said board to have further power, in this connection, to subp[oelig]na before it persons making returns for taxation, and to cause them to produce before it, for inspection, their books, policies of insurance, and other papers; to subp[oelig]na and examine witnesses, and take all other steps necessary, in the judgment of said board, in the premises, in order to obtain true and correct returns. Powers and duties of board SEC. IV. Be it further enacted, That said tax-assessors and receivers shall receive such salary or compensation, repectively, as the mayor and aldermen of the city of Savannah in council assembled shall prescribe, which shall not be changed during their respective terms of office; and they shall give such bonds, respectively, as may be required of them by said mayor and aldermen in council assembled. Compensation. SEC. V. Be it further enacted, That each of said tax-assessors and receivers shall give his whole time to the service of the city of Savannah, during such business hours as the mayor and aldermen of said city may prescribe, during his term of office. Said board of tax-assessors and receivers shall have an office in the same building wherein the other city officers are located, now called the city exchange, or such other place as the mayor of Savannah may designate. Each member to give his whole time to official duties. Location of office.

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SEC. VI. Be it further enacted, That the mayor of Savannah shall have power to appoint one of said board of tax-assessors and receivers as clerk of the board, in which event said tax-assessor and receiver so appointed shall serve as clerk during the term for which he is appointed tax-assessor and receiver. And the tax-assessor and receiver so appointed as clerk shall receive, in addition to his compensation or salary as such tax-assessor and receiver, such compensation for his additional duties as the mayor and aldermen of Savannah, in council assembled, may prescribe. Clerk. Compensation of. SEC. VII. Be it further enacted, That the mayor and aldermen of the city of Savannah, in council assembled, may hereafter, from time to time, as it may see fit, confer further powers and duties upon said board of tax-assessors and receivers not inconsistent with this Act. Additional powers and duties may be conferred. 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 10, 1895. SAVANNAH, COMMISSIONERS OF WATER. No. 150. An Act to create and organize a board of water commissioners for the city of Savannah, to define its jurisdiction, duties, and powers, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That from and after the first Monday in January, eighteen hundred and ninety-six (1896), a board of water commissioners for the city of Savannah is hereby created, to consist of three (3) members, who shall be appointed by the mayor of said city, who shall serve without any salary or other compensation; which appointments, to become effective, shall be confirmed by the mayor and aldermen of the city of Savannah in council assembled, at any regular meeting in December, eighteen hundred and ninety-five (1895), and if, for any reason, such appointments should not be confirmed until after the month of December, eighteen hundred and ninety-five (1895), the appointees, whenever confirmed, shall hold office, their term dating back to the first Monday in January, eighteen hundred and ninety-six (1896), and this same provision shall apply, so that if any future appointments be not confirmed during the month of December of any year, the appointees shall

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hold office, their terms dating back to the first Monday in January next succeeding said December. The terms for which said commissioners shall be appointed to be as follows: One for the term of two (2) years, one for the term of four (4) years, and one for the term of six (6) years, from the first Monday in January, eighteen hundred and ninety-six (1896), respectively. At any regular meeting in December, eighteen hundred and ninety-seven (1897), and thereafter, biennially, the appointment shall be sent in by the mayor to the mayor and aldermen of the city of Savannah, in council assembled, of a commissioner, respectively, to succeed the one whose term shall expire on the first Monday in the January next succeeding said December. Should a vacancy occur in said board at any time, from death, resignation, or from any other cause than the expiration [Illegible Text] a regular term, it shall be the duty of the mayor of said city, within thirty (30) days after the occurrence of said vacancy, to appoint an incumbent to fill said unexpired term, which appointment shall be acted upon by the mayor and aldermen of the city of Savannah, in council assembled; shall become effective when confirmed, and said incumbent shall then hold until said unexpired term shall expire and until his successor is appointed, confirmed, and qualified. Each regular term of the first appointees shall begin on the first Monday in January, eighteen hundred and ninety-six (1896), and close at the end of the term for which they shall have been appointed, respectively, and until a successor is appointed, confirmed, and qualified; and each regular appointee thereafter shall hold his office for the term of six (6) years from the first Monday in January, eighteen hundred and ninety-eight (1898), nineteen hundred, and so on, and until his successor is appointed, confirmed, and qualified. No person shall be eligible to the appointment as one of said commissioners unless he be a citizen of the United States and has been a resident of the city of Savannah, continuously, for at least one (1) year prior to his appointment. The mayor of the city of Savannah shall have power, if any appointment made by him under this section shall not be confirmed by the council of the city of Savannah, to continue appointing until an appointee shall be satisfactory to said council; and the mayor shall also have the power to withdraw the name of any appointee and substitute another at any time before action is had upon the same by the said council, and this power of appointment by the mayor shall continue, so as to enable him to exercise the same in December of any year, when the same is required to be made, and thereafter at any regular meeting or meetings, until an appointment satisfactory to said council shall have been made. Board created. Appointment, terms of office, etc. Qualifications for office. If appointment not confirmed, mayor may continue to appoint, etc.

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SEC. II. Be it further enacted, That each member of the board of water commissioners, before entering upon the duties of his office, shall take and subscribe the following oath of office, before some officer authorized to administer it, to wit: I swear that I will faithfully and impartially perform the duties of water commissioner of the city of Savannah, during my continuance in office, and that I will not be concerned or interested, pecuniarily, in any way, in any contract for work to be done, or materials to be furnished, for or about the erection, construction, or repair of said water-works or any future additions thereto, nor in any contract for the purchase of property or supplies for said water-works, while a member of said board. I will not knowingly permit my vote, in the election or appointment of any person to position in said water-works department, 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 clerk of council. Oath of office. SEC. III. Be it further enacted, That the said board shall organize on the first Monday in January, eighteen hundred and ninety-six (1896), by electing one of its members chairman and another vice-chairman of the board, both of whom shall vote upon all matters acted upon by the board, and in all cases it shall require two affirmative votes in favor of any measure to effect its passage. The said board shall keep a record of its proceedings, shall hold a stated meeting each month at the city exchange, and such other meetings, from time to time, as it shall designate, or as may be called by the chairman or vice-chairman, or as may be called by the mayor of the city of Savannah, said special meetings to be held at the city exchange, or at such other place in the city of Savannah as may be designated in the call. Two shall constitute a quorum with power to transact business. On the first Monday in January, eighteen hundred and ninety-six (1896), the said board shall elect a superintendent of water-works for two (2) years, who shall be a practical machinist and well acquainted with the class of machinery connected with the water-works department, and who shall be the chief executive officer of the department and the secretary of the board, and the term of the present superintendent of water-works shall expire on the said first Monday in January, eighteen hundred and ninety-six (1896). Another election by said board for superintendent shall occur on the first Monday in January, eighteen hundred and ninety-eight (1898), and thereafter biennially. Chairman and vice-chairman, etc. Minutes and meetings of board. Quorum. Superintendent of water works.

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SEC. IV. Be it further enacted, That the said board of water commissioners shall have control of the water-works of the city of Savannah, all realty, buildings, mains, conduits, and all other property of whatsoever character connected therewith, of any new work that it may deem necessary in this department, or which shall be directed to be done by the mayor and aldermen of the city of Savannah in council assembled. And said board shall further have control of all officers and employees connected with the department, with the exclusive right to appoint the same, and to discharge the same at any time in the pleasure of said board; provided, however , no appointment can be made without the written recommendation of the superintendent of water-works, except that as to the superintendent of water-works, who is to be elected for the term of two (2) years, as aforesaid, the said board shall have the right to remove him from office before the expiration of said two (2) years if he should be found guilty of any crime under the laws of Georgia, or should become inefficient or unable to discharge his duties from any cause, or be guilty of such gross misconduct that in the judgment of said board he should not be longer retained, but should be discharged for the good of the service; in any of which events, the said removal can be effected by written charges preferred against said superintendent by said board, and said superintendent shall be tried upon said charges, after five (5) days' notice, before a full meeting of said board; whereupon, if all three members of the board concur in voting for the discharge of said superintendent, upon the charges as made, then, and in that event, the said superintendent shall be removed and discharged, and shall have no further claim upon the city of Savannah for any compensation or salary thereafter, and the board shall proceed to fill the vacancy in said office by electing an incumbent who shall hold for the unexpired term. The board shall fix the compensation and salaries of the superintendent; when once fixed, shall not be increased or diminished during his term of office; shall keep or cause to be kept a full and true account, in suitable books, of all permits issued for the use of water and all moneys received on account of the use of water, and, in general, of all moneys received and disbursed by the said board, and of all work and repairs done or performed and all materials or supplies furnished. The said board shall make all rules and regulations it may deem needful, to be observed by water consumers, and to govern its own actions and for the observance of officers, agents, and servants by it employed, and may prescribe suitable penalties, including suspension, fine, or removal from office or position for

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the infringement of its rules and regulations, and may enforce the same as the said board may prescribe, and shall determine the penalty and condition of the bond to be given by such officers, agents, or servants and what bond shall be given. It shall have power to make rules and regulations for the government of plumbers and to provide penalties for the violation of same, and to prescribe the manner in which license should be issued to plumbers. It shall have power to enforce the adoption, by consumers, of meters and other appliances that may be deemed necessary for the improvement of the service of the department. The said board shall also have charge of making all purchases and contracts for the department within the limit of the amount allowed the department annually by the mayor and aldermen of the city of Savannah; all bills to be paid by the treasurer of the city of Savannah within said limit approved by the superintendent of water-works and by the chairman or vice-chairman of said board. Said board shall have power to condemn any land for the purpose of laying mains, conduits, or for other similar purposes. The board shall have an office in the city exchange, and the superintendent, as secretary of the board, shall keep a correct record of all its proceedings. The chairman, or vice chairman as the case may be, shall have general supervision over the entire department. The board shall regulate all water rates and make all contracts for water supplied to consumers, but said rates and contracts shall not become effective until approved by the mayor and aldermen of the city of Savannah in council assembled. The board shall have power to make any special rate, for any special purpose, without the concurrence of council. It shall make a report to the mayor of the city of Savannah, in the month of October of each year, submitting an estimate of the expenses of running the department for the next year, and after the council has appropriated the amount necessary, the board shall have power to expend as it shall deem necessary, and on or before the first day of January, in each year, the board shall submit a report, in writing, to the mayor of the city of Savannah, to be filed with the clerk of council, showing all the actings and doings of the department, its receipts and disbursements during the preceding year, and its condition, with said board's recommendations, and such other reports as may be required by the said mayor or by the city council of Savannah. The mayor of the city of Savannah shall have the right to make such recommendations, in writing, to said board, from time to time, as he may deem proper; to have free access, at all times, to all the records and proceedings, books and papers of said

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board; to be present, if he chooses, at any regular or special meeting of said board, and he shall always receive notice of said meetings at the same time members of the board are notified, by notice left at the city exchange, though he will have no vote or other power at said meetings; and he shall have the further right to inspect, [Illegible Text] any time he may choose, said water-works department, the officers and members thereof, or the property, real and personal, connected therewith; and any committee of said council, designated by the mayor, shall, at any time, have access to the proceedings, books, and papers of said board, and the same right of inspection hereinbefore given to said mayor. The superintendent of water-works shall have control of the entire department, subject to the direction of the board, and of all employees connected therewith, and shall be responsible to the board of commissioners for the performance of his duties. The board shall require him to take an oath before entering upon the duties of his office, and to be filed with the board, that he will faithfully perform his duties as superintendent of the water-works of the city of Savannah, will obey all the orders and directions of the board, and that he will not be concerned or interested pecuniarily in any way in any contract for work or materials furnished for or about the erection, construction, or repairs of said water-works, or any future additions thereto, nor in any contract for the purchase of property or supplies for said water-works while such superintendent. If the board shall require a bond of him he shall give such bond for the faithful performance of his duties and otherwise conditioned as said board may direct. All moneys paid by consumers or water-takers shall be paid as now to the treasurer of the city of Savannah. All water bills and permits shall be issued only from the office of said superintendent of water-works. Powers and duties of board. Condemnation of land. Location of office, etc. Supervision by chairman. Water rates, etc. Annual estimate, etc. Annual report. Recommendations to board by mayor, etc. Presence of at board meetings. Inspections by mayor and council. Powers of superintendent, etc. Oath of office. Bond of. Payments for water. Issue of water bills and permits. SEC. V. Be it further enacted, That the mayor and aldermen of the city of Savannah may hereafter, from time to time, as it may see fit, confer upon said board of water commissioners other powers and duties not inconsistent with this Act. Additional powers and duties may be conferred. 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 16, 1895.

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SAVANNAH, PARK AND TREE COMMISSION. No. 33. An Act to create and organize a park and tree commissioners for the city of Savannah, to define its jurisdiction and powers, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That from and after the first Monday in January, eighteen hundred and ninety-six, a park and tree commissioners for the city of Savannah is hereby created, to consist of five (5) commissioners, who shall be appointed by the mayor of said city, which appointments, to become effective, shall be confirmed by the mayor and aldermen in council assembled, at any regular meeting in December, eighteen hundred and ninety-five (1895), and if for any reason such appointment should not be confirmed until after the month of December, eighteen hundred and ninety-five (1895), the appointees, whenever confirmed, shall hold office, their term dating back to the first Monday in January, eighteen hundred and ninety-six (1896), and this same provision shall apply, so that if any future appointments be not confirmed during the month of December, in any year, the appointees shall hold office, their terms dating back to the first Monday in January next succeeding said December The terms for which said commissioners shall be appointed are as follows: One for the term of two (2) years, two for the term of four (4) years, and two for the term of six (6) years, from the first Monday in January, eighteen hundred and ninety-six (1896), respectively. At any regular meeting in December, eighteen hundred and ninety-seven (1897), and thereafter biennially, an appointment or appointments shall be sent in by the mayor, to the mayor and aldermen of the city of Savannah, in council assembled, of a commissioner or commissioners, respectively, to succeed the commissioner or commissioners whose term or terms may expire on the first Monday in the January next succeeding said December. Should a vacancy occur in said commission at any time, from death, resignation, or from any other cause than the expiration of a regular term, it shall be the duty of the mayor of said city, within 30 days from the date of making of said vacancy, to appoint an incumbent to fill said unexpired term, which appointment shall be acted upon by the mayor and aldermen of the city of Savannah, in council assembled, and shall become effective when confirmed, and said incumbent shall then hold until said unexpired term shall expire,

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and until his successor is appointed, confirmed, and qualified. Each regular term of the first appointees shall begin on the first Monday in January, eighteen hundred and ninety-six (1896), and close at the end of the term for which he shall have been appointed, respectively, and until a successor is appointed, confirmed, and qualified, and each regular appointee thereafter shall hold his office for the term of six (6) years, respectively, from the first Monday in January, eighteen hundred and ninety-eight (1898), nineteen hundred (1900), and so on, and until his successor is appointed, confirmed, and qualified. No person shall be eligible to appointment as one of said commissioners unless he be a citizen of the United States, and has been a resident of the city of Savannah continuously for at least one year prior to his appointment. The mayor of the city of Savannah shall have power, if any appointment made by him under this section shall not be confirmed by the mayor and aldermen of the city Savannah in council assembled, to continue appointing until an appointee shall be satisfactory to said council; and the mayor shall also have the power to withdraw the name of any appointee and substitute another, at any time before action is had upon the same by the said council, and this power of appointment by the mayor shall continue so as to enable him to exercise the same in December of any year, when the same is required to be made, and thereafter at any regular meeting or meetings, until an appointment satisfactory to said council shall have been made. Board created. Appointment, terms of office, etc. Qualifications for office. If appointment not confirmed, mayor may continue to appoint. SEC. II. Be it further enacted, That each member of said commission, before entering upon the duties of his office, shall take and subscribe the following oath of office before some officer authorized to administer the same, to wit: I swear that I will faithfully and impartially demean myself as a member of the park and tree commission of the city of Savannah, during my continuance in office, and will well and truly perform all the duties of said office; and that I will neither be concerned or interested pecuniarily, directly or indirectly, in any contract for work or material furnished, for or on behalf of any work, improvement, or preservation of the parks, squares, grass plats, trees, and flowers of said city, while a member of said commission. The oath shall be entered on the minutes of the proceedings of the commission, and the original shall be filed in the office of the clerk of said council. Oath of office. SEC. III. Be it further enacted, That the said park and tree commission shall have the exclusive management of all matters and things relating to the care, preservation, improvement, adornment, good order, and regulation generally of the parks, squares, grass plats, trees, and flowers of said city; the planting of and caring for

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trees and grass in the parks, squares, and grass plats, and also in the streets of said city; it shall determine what trees may be removed from said parks, squares, or streets, what trees may be planted therein, and when such removal or planting shall take place; it shall superintend and take charge of such planting and removal; it shall also make such rules and regulations as may seem to said commission proper, touching the matters and things within its jurisdiction, which rules and regulations shall be submitted to the mayor and aldermen of the city of Savannah, and when approved by the council of said city shall become binding and effective. When the said rules and regulations are confirmed by council, provision shall be made by the said council for any penalties necessary for the due observation of said rules and regulations. Powers and duties of board. SEC. IV. Be it further enacted, That the said park and tree commission shall keep a record of its proceedings, and one of said commissioners of said commission shall act as the secretary thereof. It shall hold a stated meeting each mouth, at the city exchange, and such other meetings as it may prescribe from time, or as may be called by the chairman or vice-chairman of said commission, or as may be called by the mayor of Savannah. Three of said Commissioners shall constitute a quorum, with power to transact business. It shall elect one of its members chairman and one vice-chairman, and shall adopt such rules for its government as it may prescribe. Minutes, etc. Meetings of board. Quorum. Chairman and vice-chairman. SEC. V. Be it further enacted, That the said commission shall have entire charge and control of the expenditure of the appropriation of money which may be made by the mayor and aldermen of the city of Savannah, in council assembled, for parks, squares, trees, and grass plats, and flowers, and the same shall be paid out of the city treasury, upon bills or requisitions, certified to by the secretary of said commission, and approved by the chairman or vice-chairman of said commission. The said commission shall not have control of its own laborers, but the work directed by it to be done shall be performed through the commissioner of public works, it being the intent and meaning of this Act, that whatever moneys are expended by the city of Savannah, upon the care, preservation and management of parks, squares, trees, grass plats, and flowers in said city shall be done solely under the direction, approval, and management of this commission. Expenditures of appropriations made. Work to be done through commissioner public works. SEC. VI. Be it further enacted, That whenever the said park and tree commission shall think it desirable or expedient to make any alterations or improvements in any of the public parks, squares, or grass plats of said city, other than the planting or

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removing of trees and the planting of grass or flowers, it shall be its duty to submit to the council of said city a plan or written description of said alterations or improvements, accompanied by an estimate of the cost of the same, which alterations or improvements shall be made only in the event of their approval by council. The said commission shall submit to the mayor of said city in the month of October of each year, or at such other times as he may prescribe, an estimate of the amount of money necessary for this department for the ensuing year, so that the same may be considered in the budget to be made out, and on or before the first day of January of each year it shall submit to the mayor its report for the preceding year, showing all its actings and doings, its receipt and expenditure of moneys, with such recommendations as it may see fit to make relating to this department, and such other information as may be required of it by the mayor or by the city council, from time to time. The mayor of the city of Savannah shall have the right to make such recommendation in writing to said board, from time to time, as he may deem proper; to have free access, at all times, to all records and proceedings, books and papers of said board; to be present, if he chooses, at any regular or special meeting of said board, and shall always receive notice of said meetings at the same time the members of the Board are notified, by notice left at the city exchange, though he will have no vote or other power at said meetings; and any committee of said council, designated by the mayor, shall at any time have access to the proceedings, books, and papers of said board and the same right of inspection hereinbefore given to the mayor. Alterations or improvements in parks, etc. Annual estimates. Annual report. Recommendations by mayor, etc. Presence of at board meetings. Inspections by mayor and council. SEC. VII. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved November 30, 1895. SAVANNAH, BOARD OF POLICE COMMISSIONERS. No. 42. An Act to create and organize a board of police commissioners for the city of Savannah, to define its jurisdiction, duties, and powers, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That from and after the first Monday in January, eighteen hundred and ninety-six (1896), a board of

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police commissioners for the city of Savannah is hereby created, to consist of three (3) members, who shall be appointed by the mayor of said city, which appointments, to become effective, shall be confirmed by the mayor and aldermen in council assembled, at any regular meeting in December, eighteen hundred and ninety-five (1895), and if, for any reason, such appointments should not be confirmed until after the month of December, eighteen hundred and ninety-five (1895), the appointees, whenever confirmed, shall hold office, their term dating back to the first Monday in January, eighteen hundred and ninety-six (1896), and this same provision shall apply, so that if any future appointments be not confirmed during the month of December in any year, the appointees shall hold office, their terms dating back to the first Monday in the January next succeeding said December. The terms for which said commissioners shall be appointed are as follows: One for the term of two (2) years, one for the term of four (4) years, and one for the term of six (6) years, from the first Monday in January, eighteen hundred and ninety-six (1896), respectively. At any regular meeting in December, eighteen hundred and ninety-seven (1897), and thereafter biennially, an appointment shall be sent in by the mayor, to the mayor and aldermen of the city of Savannah, in council assembled, of a commissioner to succeed the one whose term shall expire on the first Monday in the January next succeeding said December. Should a vacancy occur in said board, at any time, from death, resignation, or from any other cause than the expiration of a regular term, it shall be the duty of the mayor of said city, within thirty days from the date of the making of said vacancy, to appoint an incumbent to fill said unexpired term, which appointment shall be acted upon by the mayor and aldermen of the city of Savannah, in council assembled, and shall become effective when confirmed, and said incumbent shall then hold until said unexpired term shall expire, and until his successor is appointed, confirmed, and qualified. Each regular term of the first appointees shall begin on the first Monday in January, eighteen hundred and ninety-six (1896), and close at the end of the term of which they shall have been appointed respectively, and until a successor is appointed, confirmed, and qualified; and each regular appointee thereafter shall hold his office for the term of six (6) years, respectively, from the first Monday in January, eighteen hundred and ninety-eight (1898), nineteen hundred (1900), and so on, and until his successor is appointed, confirmed, and qualified.

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No person shall be eligible to the appointment as one of said commissioners unless he be a citizen of the United States and has been a resident of the city of Savannah continuously for at least one year prior to his appointment. The mayor of the city of Savannah shall have power, if any appointment made by him under this section shall not be confirmed by the mayor and aldermen of the city of Savannah in council assembled, to continue appointing until an appointee shall be satisfactory to said council; and the mayor shall also have the power to withdraw the name of any appointee and substitute another at any time before action is had upon the same by the said council, and this power of appointment by the mayor shall continue so as to enable him to exercise the same in December of any year, when the same is required to be made, and thereafter at any regular meeting or meetings until an appointment satisfactory to said council shall have been made. Board created Appointment, term of office, etc. Qualifications for office. If appointment not confirmed, mayor may continue to appoint, etc. SEC. II. Be it further enacted, That each member of the board, before entering on the duties of his office, shall take and subscribe the following oath of office before some officer authorized to administer it, to wit: I swear that I will faithfully and impartially demean myself as a commissioner of police during my continuance in office, and will well and truly perform all the duties of said office. I will not knowingly permit my vote, in the election or appointment of any person to position on the police force, to be influenced by fear, favor, or affection, reward or the hope thereof, but in all things pertaining to my said office I will be governed by my conviction of the public good. The oath shall be entered on the minutes of the proceedings of the board, and the original shall be filed in the office of the clerk of said council. Oath of office. SEC. III. Be it further enacted, That the said board of police commissioners, thus appointed and qualified, shall have exclusive power, and it shall be its duty to elect an executive officer to be known as the chief of police, and to appoint such other officers as said board may determine upon and designate, and the policemen in said police department and all members thereof. The said board shall keep a record of its proceedings, and it shall appoint one of the police force to act as clerk thereof, and shall elect one of its members chairman and one vice-chairman of said board, each of whom shall vote when present at meeting upon all matters acted upon by said board, and in all cases it shall require two affirmative votes in favor of any measure to effect its passage. It shall hold a stated meeting each month

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at the police barracks, and such other meetings from time to time as it shall designate, or as may be called by the chairman or vice-chairman, or as may be called by the mayor of Savannah. Said special meetings to be held at the same place as prescribed above for monthly meeting, or at such other place in the city of Savannah as may be designated in the call. Two shall constitute a quorum with power to transact business. It shall exercise full direction and control of the chief of police and of all the officers, privates, and other members of the police department, and shall have general management of the police department of said city, and of all property, real and personal, therewith connected, and shall make all rules and regulations which it may deem needful for the government thereof, and may prescribe suitable penalties, including suspension, fine, or removal from office or position, for the infringements of its rules, and may enforce the same as said board may prescribe. All vacancies in said police department, including those in the office of chief of police and in such other offices as may be determined upon and designated by said board, shall be filled by said board; all officers, privates, and other members of the police department, except the chief of police, whether heretofore or hereafter appointed, shall hold their offices or positions until removal by the action of said board, the removal of the chief of police to be effected as hereinafter prescribed. No officer, private, or member of the police department shall be appointed save upon the written recommendation of the chief of police. No person shall be eligible to election as chief of police or to appointment in the police department unless he be at least twenty-one (21) years of age, a citizen of the United States, and shall have been a citizen and resident of the city of Savannah continuously for at least one (1) year prior to his said election or appointment, of good character and good habits, and shall have paid all taxes due by him to the State, county, and city, which last fact shall be evidenced by the production of his tax receipt, or by other satisfactory evidence, and shall also meet the requirements looking to fitness and competency as may be prescribed under the rules and regulations of said board of police commissioners. The terms, respectively, of the present incumbents of the offices of chief and assistant chief of police shall expire on the first Monday in January, 1896, and the present incumbents shall have no right or authority to hold their respective offices or to discharge any of the duties thereof after said first Monday in January, 1896.

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Said board of police commissioners shall on the first Monday in January, 1896, elect for the term of two years from that date, an executive officer to be known as the chief of police, and shall prescribe his duties. Another election for chief of police shall be had by said board on the first Monday in January, eighteen hundred and ninety-eight (1898), and thereafter biennially. The said chief of police shall be the executive officer of the police department, subject to the direction of said board, and shall be responsible to said board for the performance of his duties. The board shall require him to take an oath before entering upon the duties of his office, same to be filed with the board, that he will faithfully perform his duties as chief of police of the city of Savannah, will obey all orders and directions of the board, and that he will not be concerned or interested pecuniarily in any way in any contract concerning realty or personalty appertaining to the police department, nor for the purchase of any property or supplies for said department during his continuance in office as chief of police. The board shall have the power to require bonds for the faithful performance of the duties of the chief of police or of any other officer of the police department in such sums and to be conditioned as said board may decide. Said board shall have the exclusive power of fixing the compensation of the chief of police and other officers, privates, and members of the police department. The compensation, however, of the chief of police, after being once fixed, shall not be increased or diminished during his continuance in office, and upon the removal or dismissal by said board of the chief of police, or any other officer, private, or member of said department, the salary or compensation of said removed or dismissed official, policemen, or member shall at once terminate. The said board shall have the right to remove the chief of police at any time for incompetency or inefficiency or for inability from any cause to discharge the duties of his office, or in the event he should be convicted of any crime under the laws of Georgia, or for any misconduct or gross neglect of duty, such as in the judgment of said board would render him unfit to hold this important office any longer; but such removal shall not be effected unless written charges against said chief of police are formulated, which shall be heard by the full board after five days' notice to said accused; said chief of police may be removed from office upon the hearing of said charges; provided , each member of said board shall concur in such removal, and the

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action of the board upon such hearing, showing the vote of each member upon the question of the removal of said chief of police, shall appear upon the minutes of the said board of police commissioners. Chief of police and other officers Minutes, etc. Chairman and vice-chairman, etc. Meetings of board. Quorum. Control of police department, etc. Qualifications for membership of police department. Terms of present chief and assistant. Election of chief. His duties and powers. Oath of office. Official bonds. Compensation of members of department, etc. Removals from office. SEC. IV. Be it further enacted, That the board of police commissioners may, in its discretion, appoint and swear in suitable persons as policemen, to discharge police duties for hotels, railroad companies, steamship companies, factories, or other buildings or institutions of said city of Savannah. Said persons so appointed shall have all the powers of the regular organized force of said city, and shall be subject to removal at any time by said board. Their salaries shall be paid by the [Illegible Text] in whose immediate service they are engaged, and not by the city of Savannah. No person shall be eligible to be appointed policeman under this section who does not comply in all respects with the requirements prescribed in this Act, or by the rules and regulations of said board, as to appointments upon the police force of the said city. Special policemen. SEC. V. Be it further enacted, That the said board of police commissioners shall control, manage, and see to the proper expenditure of the appropriation fixed in the budget of each year by the mayor and aldermen of the city of Savannah for the maintenance and support of the police department; all moneys to be paid by the city treasurer as now, but not to be paid except upon bills or requisitions, certified by the chief of police and approved by the chairman or vice-chairman of said board; the said moneys so to be paid out for the maintenance and support of the police department in no case to exceed the amount appropriated for said purpose in the budget of the city. Control of expenditures by board. SEC. VI. Be it further enacted, That said board of police commissioners shall cause the chief of police to make a daily morning report to the mayor of the city of Savannah, upon forms to be prescribed by said mayor, showing the condition of the police force, its effective strength, the condition of all public property of the department, and such other information as may be required thereon, and the said board shall further cause to be made to the mayor of said city of Savannah a quarterly return upon the first days of January, April, July, and October, upon forms that may be prescribed by said mayor, showing the condition of said force and of all public property in its charge, with all changes which may have taken place during the preceding three months. The board shall make and present to the mayor of the city of Savannah, during the month of October in each

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year, or at such other time as may be required by him, an estimate of the needs of the police department for the ensuing year, so that the same may be properly considered in making up the budget of the city; and shall also make to the mayor of said city, on or before the first day of January of each year, a full and complete report, in relation to said department, and of the actings and doings of the said board during the preceding year, showing all moneys received and paid out on behalf of said department, its condition, and the condition of all public property controlled by it, with such recommendations, looking to the effectiveness of said department and the public good, as may be deemed proper by said board or as may be required by said mayor. The mayor of Savannah shall have the right to make such recommendations in writing to said board, from time to time, as he may deem proper; to have full access at all times to all the records and proceedings, books and papers of said board; to be present, if he chooses, at any regular or special meeting of said board, and shall always receive notice of said meetings at the same time the members of the board are notified, by notice left at the city exchange, though he will have no vote or other power at said meetings. He shall have the further right to inspect, at any time he may choose, said police department, the officers, privates, and members thereof, or the property, real and personal, connected therewith, and any committee of said council designated by the mayor shall, at any time, have access to the proceedings, books, and papers of said board, and the same right of inspection hereinbefore given to the said mayor. Daily report by chief of police. Quarterly reports by board. Annual estimates. Annual report. Recommendations by mayor, etc. Mayor's presence at board meetings. Inspections by mayor and council. SEC. VII. Be it further enacted, That the mayor and aldermen of the city of Savannah may hereafter, from time to time, as it may see fit, confer upon said board other powers and duties not inconsistent with this Act. Additional powers and duties may be conferred. 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 2, 1895.

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SAVANNAH, CONDEMNATION OF PROPERTY FOR STREET PURPOSES. No. 76. An Act to authorize the mayor and aldermen of the city of Savannah to condemn property for the purpose of widening, extending, or straightening any street, lane, way, or square in the city of Savannah, or opening, laying out, and establishing any new street, lane, way, or square, within the limits of said city, to provide for the method of exercising the right of condemnation, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That the mayor and aldermen of the city of Savannah, a municipal corporation of this State, is hereby authorized and empowered to condemn property for the purpose of widening, extending, or straightening any street, lane, way, or square in the city of Savannah, or opening, laying out, and establishing any new street, lane, way, or square within the limits of said city, and to pay damages to the owner, or owners, of said property incident to the said condemnation. The said municipal corporation shall proceed in condemning property for the purposes mentioned under the terms and provisions of an Act of the Legislature of this State, approved December 18th, 1894, entitled an Act to provide for a uniform method of exercising the right of condemning, taking, or damaging private property, and to be found on pages 95, 96, 97, 98, 99, and 100 of the volume containing the published laws for the year of 1894. The fact that the property needed by the said municipal corporation for the purposes mentioned may be owned or used by a railroad or other corporation shall be no bar to the exercise of the right of condemnation hereby conferred. Power to condemn. For what purposes. Method of condemnation. Property of corporations not exempt. SEC. II. Be it further enacted, That all laws and parts of laws in conflict with this law are hereby repealed. Approved December 11, 1895.

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SAVANNAH, ARRESTS WITHOUT THE CORPORATE LIMITS. No. 28. An Act to authorize policemen of the city of Savannah to make arrests within two miles of the corporate limits of the city of Savannah in cases of riots, affrays, and disorderly conduct. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That authority is hereby given to the policemen of the city of Savannah to make arrests within two miles of the corporate limits of the city of Savannah in all cases of riots, affrays, and disorderly conduct. Policemen may arrest within two miles of limits. In what cases. SEC. II. Be it further enacted, That all laws and parts of laws in conflict with this law are hereby repealed. Approved November 30, 1895. SAVANNAH, GRANT OF CERTAIN LAND FOR STRAIGHTENING ABERCORN STREET. No. 34. An Act to grant to the mayor and aldermen of the city of Savannah, for the purpose of straightening Abercorn street, a strip of land in Crawford ward, of the city of Savannah, bounded on the north by the old cemetery, on the east by city pound, on the south by Perry street lane, and on the west by Abercorn street, and being sixty-six and four-tenths feet in length and thirteen and two-tenths feet in width. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That for the purpose of straightening Abercorn street in the city of Savannah, that certain strip of ground situate and being in Crawford ward of said city, and bounded on the north by the old cemetery, on the east by the city pound, on the south by Perry street lane, and on the west by Abercorn street, the same being sixty-six and four-tenths feet in leangth and thirteen and two-tenths feet in width, is hereby granted to the mayor and aldermen of the city of Savannah, a municipal corporation of this State. Grant [Illegible Text] [Illegible Text] for straightening Abercorn street. SEC. II. Be it further enacted, That all laws or parts of laws in conflict with this law are hereby repealed. Approved November 30, 1895.

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SAVANNAH, APPEALS FROM POLICE COURT ABOLISHED. No. 32. An Act to abolish appeals from the police or recorder's court of the city of Savannah to the mayor and aldermen of the city of Savannah in council assembled. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That appeals from the police or recorder's court of the city of Savannah to the mayor and aldermen of the city of Savannah in council assembled are hereby abolished. Appeals from [Illegible Text] court abolished. SEC. II. Be it further enacted, That all laws and parts of laws in conflict with this law are hereby repealed. Approved November 30, 1895. SAVANNAH, JURISDICTION POLICE COURT EXTENDED. No. 30. An Act to extend the jurisdiction of the police or recorder's court of the city of Savannah, so that it may embrace the territory within two miles of the corporate limits of the city of Savannah. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That the jurisdiction of the police or recorder's court of the city of Savannah is hereby so extended that it shall hereafter embrace the territory within two miles of the corporate limits of the said city of Savannah, so that the said court may take [Illegible Text] of and punish for offenses committed within the said territory as fully and as completely as if the said offenses had been committed within the corporate limits of said city of Savannah. Jurisdiction extended to territory within two miles of city limits. SEC. II. Be it further enacted, That all laws or parts of laws in conflict with this law are hereby repealed. Approved November 30, 1895.

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SAVANNAH, JURISDICTION FOR SANITARY PURPOSES EXTENDED. No. 29. An Act to extend the jurisdiction for sanitary purposes of the mayor and aldermen of the city of Savannah. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That the jurisdiction of the mayor and aldermen of the city of Savannah, for sanitary purposes, is hereby extended, so that it may embrace all the territory within two (2) miles of the present or any future extended corporate limits of the said city of Savannah; and the municipal corporation is authorized to pass such ordinances, rules, and regulations as may seem to its council proper for the health and proper sanitation of the said territory, and also to confer upon the board of sanitary commissioners for the city of Savannah such powers and authority as may seem to the council of the city of Savannah proper and wise in order to promote the sanitary requirements of the said territory. Jurisdiction of mayor and aldermen, for sanitary purposes, extended. Authority to pass [Illegible Text] ordinances, etc. SEC. II. Be it further enacted, That all laws and parts of laws in conflict with this Act are hereby repealed. Approved November 30, 1895. SHELLMAN, CHARTER OF AMENDED. No. 225. An Act to amend the charter of the town of Shellman so as to authorize the mayor of said town to imprison offenders against the ordinances of said town in the guardhouse, or work them on the streets of said town in default of payment of fines imposed therefor, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act, the eighth section of an Act, approved the 5th day of September, 1883, amended by an Act approved October 6, 1885, incorporating the town of Shellman, in Randolph county, be amended by inserting before the word imprison, in the line next to the last in said section, the words at his discretion, and also by inserting after the word town,

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in the same line, the words or sentence such person or persons to work on the public streets of said town, so that said section, when amended, shall read as follows: 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), should be the chief executive officer of said town. He shall see that the ordinances, by-laws, rules, and orders of the council are faithfully executed. He shall have control of the police of said town, and may appoint special police whenever he may deem necessary, and it shall be his duty especially to see that the peace and good order of the town are preserved and that persons and property therein are protected, and to this end he may cause the arrest and detention of all riotous and disorderly persons in said town. He shall have the 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, at his discretion, imprison the offender in the guardhouse of said town, or sentence such person or persons to work on the public streets of said town not exceeding thirty days. Sec. 8 of Act of [Illegible Text] 5, 1883, amended. Punishment of offenders. Section as amended. SEC. II. Be it further enacted by the authority aforesaid, That from and after the passage of this Act, that upon the non-payment of the commutation tax in lieu of work on the streets, as provided in the seventh section of said Act, approved the 5th day of September, 1883, under which said town is incorporated, by any person or persons subject under its provisions to street duty, the mayor shall have power after, three days' notice to such defaulter, to sentence him to work on the streets of said town for a term not exceeding double the number of days such person shall be summoned to work on said streets, and to be confined in the prison of said town for safe keeping while not actually engaged at work under said sentence. Punishment for non-payment of street tax. SEC. III. Be it further enacted, That all laws and parts of laws in conflict with any of the provisions of this Act be, and the same are, hereby repealed. Approved December 16, 1895. STATHAM, NEW CHARTER FOR. No. 161. An Act to establish a new charter for the town of Statham, Jackson county, Georgia, and for other purposes. SECTION I. The General Assembly of Georgia do enact, That

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the municipal authorities of the town of Statham shall be a mayor and four 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 electton he resides within the corporate limits and is at least twenty-one years old. The mayor and councilmen as herein provided, and their successors in office, shall be a body politic and corporate by the name of the town of Statham, 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 and personal estate necessary to enable them the better to discharge their duties, and needful for good order, government, and welfare of said town. All the corporate powers of said corporation shall be exercised by said council, or under their authority, except as otherwise provided by law. The council shall also elect a treasurer and marshal, if they deem it necessary, each of whom when elected shall enter into bond, with sufficient securities, approved by the mayor, in such penalty as the board shall prescribe, payable to the corporation conditioned faithfully to collect and pay over as required by the board, all taxes, fines, forfeitures, and all other incomes of said corporation; and said officers shall hold their offices during the pleasure of the council, and shall perform the duties respectively as prescribed by law, or as may be required by the council. The treasurer may be selected among the councilmen. That the following named persons, residing in the present corporation, shall be councilmen: Dr. O. W. N. Lanier, D. J. McDonald, O. Dyarman, Dr. A. E. Cresswell, and O. S. Hayes, and they shall elect one of their number to serve as mayor, who shall serve until the first general election for town officers under this Act, or until his successor is elected and duly qualified, and in case of vacancy either of mayor or councilmen the same shall be filled as provided for in section 6 of this Act. That the foregoing named persons shall qualify and assume their offices the second Monday in January, 1896, and hold until first election under this Act. Municipal government. Qualifications for office. Corporate name and general powers. Subordinate officers. Provisional [Illegible Text] and councilmen. SEC. II. Be it further enacted, The mayor and councilmen shall hold their offices for one year, and until their successors are elected and qualified. Terms of office. SEC. III. And be it further enacted, The first election of officers under this Act shall be on the second Monday in January, 1897, and annually thereafter, without further notice, on the second Monday in January of each year, at such place as may be designated by the council, under such supervision, rules, and regulations, not inconsistent with the laws regulating county elections, as the council may prescribe, such election to be evidenced by the certificate of

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the managers entered on the record of the town; and every person elected or appointed to an office in said corporation shall, within twenty days after his election or appointment, and before he shall enter upon the duties of his office, take and subscribe the oath of office, which may be done before any person authorized by law to administer oaths, or before the mayor of said town, which oath, with the certificate of the officer administering the same, shall be entered on the record of the town. Municipal elections. Certificates of election. Oath of office. SEC. IV. And be it further enacted, That from any cause the annual election, as hereinbefore provided, shall not be held at the time prescribed, the mayor and council, or on their failure, any justice of the peace within the town limits may, at any time, on giving the inhabitants of the town at least five days' notice thereof, by advertisement in some local newspaper published in the town and by written or printed notice at three or more public places within the corporation, hold such election in all other respects as hereinbefore provided. And the persons so elected shall have the same powers and liabilities as if they had been elected at the regular period. Failure to hold election. SEC. V. And be it further enacted, 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 the laws of this State, and none others, shall be allowed to vote at any charter election in said town. Qualifications of voters. SEC. VI. And be it further enacted, When any vacancy shall occur from any cause in the office of mayor, 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 retiring council. Vacancies in office. SEC. VII. And be it further enacted, The council shall be presided over by the mayor, or in his absence by the mayor pro tem. , or in his absence by one of the councilmen elected by a majority of the council present; and the mayor and two members of the council, or in the absence of the mayor three councilmen, shall be necessary to form a quorum for the transaction of business. Upon the call of the mayor or any councilman, the yeas and nays on any question shall be taken and recorded upon the minutes. The mayor, in case of a tie, shall have the casting vote. Who to preside at council meetings. Quorum. Yeas and nays. Mayor's vote. SEC. VIII. And be it further enacted, 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, crosswalks, drains, and gutters, for the use of the public

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or for any of the citizens thereof, and to improve and light the same, and have them kept free from obstructions on or over them, to regulate the width of sidewalks on the streets, and to order the sidewalks, footways, crosswalks, drains, and gutters to be curbed and paved and kept in good order, free and cloan, by the owner and occupants thereof, or of the real property next adjacent thereto; to establish and regulate a market; to prescribe the time of holding the same; to prevent injury or annoyance to the public or individuals from anything dangerous, offensive, or unwholesome; to prevent hogs, cattle, horses, sheep, and other animals and fowls of all kinds from going at large in said town; to protect places of divine worship and other assemblies for literary and benevolent purposes in and about the premises where held; to abate or cause to abate anything which, in the opinion of a 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 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 regulation for guarding against danger or damage by fire; to provide for the forfeiture and collection of appearance bonds; to protect the health, property, and persons of the citizens of the town, and to preserve peace and good order therein; and for this purpose to appoint, when necessary, a good 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; to fix their term of service and compensation; require and take from them bonds when deemed necessary; payable to said corporation, with such securities and in such penalty as they may see fit, conditioned for the faithful discharge of their duties; to provide a revenue for the town and appropriate the same to its expenses; to provide for the assessment of taxable property therein, and to adopt rules for the regulation and government of its own body; to carry into effect these enumerated powers and all others existing or hereafter conferred by law. The council shall have power to make and pass all needful orders, by-laws, ordinances, resolutions, rules, and regulations not contrary to the Constitution and laws of this State, and to prescribe, impose, and enact reasonable fines and penalties, not exceeding thirty dollars, and imprisonment in the county jail or other place of imprisonment in said corporation for a term not exceeding thirty days, or as an alternative of failure or refusal to pay fines imposed, to require labor in a work-gang for a term not exceeding thirty days. General municipal powers.

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SEC. IX. And be it further enacted, 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 have power to issue his warrant for the arrest, and shall try all offenders against the ordinances, orders, and by-laws of said town. He shall have power to punish for contempts by fine and imprisonment, such fine not to exceed ten dollars, imprisonment not to exceed ten days for each offense. 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 especially 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 the town before issuing his warrant therefor. He shall have the 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 of Jackson or place of imprisonment in said corporation, until the fine or penalty or cost shall be paid, but the time of imprisonment shall not exceed thirty days. In the absence or inability of the mayor on any account, the mayor pro tem. (to be appointed by the council), and in his absence or inability one of the councilmen, to be designated by the other members of the council, shall perform his duties and be vested with all his powers. Duties and powers of mayor. SEC. X. And be it further enacted, The mayor shall receive like fees of a justice of the peace for like services, and the marshal like fees of a constable, and the treasurer shall be allowed a commission of 2 per cent. upon all sums received by him, and 2 per cent. upon all sums paid out by him. The common council may also elect a clerk (and in his absence the mayor may appoint a clerk pro tem. ), whose duty it shall be to keep in a well bound book a fair and correct record of the proceedings of the mayor's court, and for such services he shall be entitled to have fifty cents for each case of conviction, to be taxed in the bill of costs. He shall also keep a record of the council proceedings, and for such services may be allowed such sum as the council may deem proper. The minutes must be authenticated by the signature of the mayor, or other presiding officer for the time being. Compensation of town officers. Clerk. Clerk's costs. Minutes of council, etc. SEC. XI. And be it further enacted, That this Act shall be taken and considered as cumulative of the laws of the Code of Georgia, and shall take effect and be of full force on or after the second Monday in January, 1896. Act to take effect second Monday in Jan. 1896.

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SEC. XII. 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 December 16, 1895. THOMASVILLE, IMPROVEMENT BONDS. No. 3. An Act to authorize the city of Thomasville to issue bonds to the amount of thirty-five thousand dollars for the purpose of improving and extending the system of water-works and sewerage, and improving the fire protection, and for improvement of streets, after submitting the question of bonds or no bonds to the qualified voters of said city, as required by the Constitution of the State. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act the city of Thomasville is authorized and empowered to issue bonds, with the usual interest coupons attached, to an amount not to exceed thirty-five thousand dollars, said bonds to be of such form and denomination and to bear such rate of interest, not to exceed seven per cent. per annum, as the city of Thomasville, through its mayor and aldermen, may determine by resolution passed at a regular meeting of said body. Said bonds shall become due and payable at such time, not longer than thirty years from date of issue, as may be fixed by the resolution of the mayor and aldermen. The authorities of said city shall provide each year for the collection of taxes to pay the interest on said bonds, and to pay the principal of the same within thirty years. The said bonds shall not be sold for less than their par value. The proceeds of said bonds shall be used to pay for improvements and the extension of the water-works, including mains, hydrants, and expenses of laying same, the extension and improvement of the sewerage system of the said city, and the better equipment and improvement of the fire department, and improvement of the streets of said city, and for such other purposes as are incidentally connected therewith; provided , that said bonds shall not be issued until the question of bonds or no bonds shall have been submitted to the qualified voters of said city at a regular election for mayor and aldermen of said city, and shall have received

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the necessary two-thirds vote required by the Constitution of the State for bonds, or at a special election held for the purpose of voting on the question of bonds or no bonds. Thirty days' notice of such special election or of the intention to submit said question at the regular election shall be given through the newspaper which does the city printing immediately preceding said election. Any special election held under this Act shall be governed by the same rules and regulations that govern regular elections provided for in the charter of the city. If the consent of the necessary two-thirds is not obtained at the first election held under this Act, the same question may be submitted to the voters of said city again, but no second election for such purpose shall be ordered until six months after the first was held. Issue of bonds authorized. Amount, rate of interest, etc. Tax to pay, etc. Use of proceeds. Election as to issue of. Notice of. Conduct of. Subsequent elections. SEC. II. Repeals conflicting laws. Approved November 15, 1895. TRION, PUBLIC SCHOOLS IN. No. 174. An Act to establish a system of free schools in the town of Trion, in Chattooga county, to provide for the maintenance and government thereof, 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 Trion, in the county of Chattooga, are hereby authorized to levy a per capita tax, not less than one nor more than two dollars, in addition to the authority now given said mayor and council to levy a per capita tax for street purposes; and that the per capita tax so levied and one-half of the per capita tax for street purposes shall be used for the purpose of establishing and maintaining free schools in and for said town of Trion, and for no other purpose. School tax. Use of proceeds. SEC. II. Be it further enacted by authority of the same, That the mayor and council of said town shall provide, by ordinances, such rules and regulations as to them may seem proper for the appointment of a board of trustees, define their term of office and duties, and do all other acts and things necessary and proper for the purpose of carrying into effect the purposes of this Act to establish and maintain a system of free schools in said town of Trion by taxation, as herein provided. Ordinances for carrying out this Act to be adopted.

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SEC. III. Be it further enacted by authority of the same, That the school commissioner of the county of Chattooga is hereby authorized and required to pay over to such person as the mayor and council of the town of Trion may authorize to receive the same, for the use of said free schools, under such rules and regulations as said mayor and council may prescribe, the proportion of the common school fund arising from any source belonging to said town, to be estimated by the school population of said town, to be by said town authority expended in the establishment and maintenance of said free school, as authorized and directed by the Constitution and laws of the State. Pro rata of State school fund. SEC. IV. Be it further enacted, That the county school commissioner and the mayor and council of said town of Trion may enter into an agreement upon what terms children living out of said town, within school limits, may enter said schools, said county school commissioner paying to the said town authorities the per capita sum of the the common school fund to which said children are entitled, and the said authorities charging such additional sum as may seem reasonable and just. Admission of non-resident pupils. SEC. V. Be it further enacted by authority of the same, That the mayor and council of said town shall order an election, giving at least ten days' notice, in six conspicuous places in said town, to ascertain the desire of the qualified voters of said town in reference to the establishing of said free schools. All persons voting at said election shall have written or printed on their ballots for free schools or against free schools, and if the question shall be decided affirmatively by the necessary majority, this Act shall become operative; and it shall be the duty of said mayor and council to levy a tax as authorized by this Act, and to appropriate half of the street tax to said fund as authorized by this Act, and establish said school in accordance with the same. Election as to adoption of this Act. Ballots. Result of election. Half of street tax to be devoted to schools SEC. VI. Be it further enacted by the authority of the same, That should the question be decided in the negative, then this Act shall not became operative; provided , that should Trion Manufacturing Company obligate itself to pay annually the sum of $300.00 to said mayor and council for the purpose of being applied to free schools, as set out in this Act, then the same may become operative, except that portion relating to the per capita and street tax. Should Trion Manufacturing Co. agree to pay $300 annually, this Act may be operative. Except as to certain taxes. SEC. VII. Be it further enacted by authority of the same, That the election held under this Act shall be held under the same rules and regulations as the election of mayor and council are now held. Conduct of election. SEC. VIII. 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 16, 1895.

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WADLEY, PUBLIC SCHOOLS FOR. No. 83. An Act to establish a public school system for the town of Wadley, Georgia; to appoint a board of education for said town; to provide for raising revenue; to organize and maintain said system and carry the same into effect, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act, there shall be established in the town of Wadley, in said State, a system of public schools, to be organized, conducted, maintained, supported and provided for in the manner hereinafter set forth, the corporate authorities of said town having so recommended as provided in article 8, section 4, paragraph 1, of the Constitution of said State. School system to be established. SEC. II. Be it further enacted, That the following named persons, to wit: G. G. Johnson, S. L. Peterson, S. C. Evans, N. W. Beddingfield, J. J. Polhill, G. D. Tyson, J. L. Layton, C. P. Spier, J. A. Cheatam, T. S. Daniel, F. S. Battle, J. A. Spier, and A. H. Wooten are hereby made the board of education for said town, and shall enter upon their duties as such as soon as this Act is approved by the votes of the people as hereinafter provided for, and that fact declared by proclamation of the mayor of said town. First board of education. SEC. III. Be it further enacted, That the terms of four of said board shall expire on December 1st, 1896, four December 1st, 1897, and the remaining four December 1st, 1898, and at the first meeting of said board of education after the passage of this Act, said board shall decide by lot whose term shall expire upon each of said dates. That all vacancies in said board of education caused by the expiration of the term of office, death, resignation, or removal from said town shall be filled by the remaining board from the citizens of said town, and the new members of the board so elected shall hold office three years except in the case of an election to fill a vacancy caused by death, resignation, or removal, when the new member of the board shall hold office for the unexpired term of his predecessor. Terms of office, etc. SEC. IV. Be it further enacted, That said board of education shall have authority to devise, design, and adopt a thorough system of public instructions in said town, and shall have exclusive jurisdiction over all the schools established under said system, and shall supervise, regulate, and make efficient said system and modify the

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same from time to time as circumstances may require; establish such schools as they may deem proper, not exceeding one for the white race and one for the colored race, and no white child shall attend the colored school and no colored child shall attend the white school; to appoint, remove or suspend teachers in their discretion; to provide for the appointment or removal of superintendents of said schools, if deemed necessary; to fix salaries of superintendents and teachers and such other officers as they deem meet for the advancement of the school interest of said town; to prescribe a curriculum or course of study, establish grades in said school; to provide for the necessary conveniences and appliances of said school, and make such by-laws for the government and control of said schools as they may think proper, and to do lawful acts conducive to the proper and successful operation of said school system. Powers of board. SEC. V. Be it further enacted, That the mayor and council of said town shall each year levy such tax upon all the property in said town subject to taxation as will be sufficient, when added to the town's pro rata part of the State school fund, to support and maintain said schools for at least nine scholastic months in each year, and shall collect the same at the same time that other taxes of said town are collected, and pay over the same to said board of education, which fund shall be used by said board of education exclusively for the support and maintenance of the public schools herein provided for, or in providing buildings and furniture therefor; provided, however , that said tax shall not exceed five-tenths of one per cent. per annum upon said taxable property. School tax and school term. Use of proceeds of tax. Tax rate. SEC. VI. Be it further enacted, That after the ratification of this Act by the election hereinafter provided for, it shall be the duty of the county school commissioner of Jefferson county, and he is hereby required to pay over to said board of education, under such rules as the said board of education may provide, that portion of the public school fund of said county to which the schools in said town may be entitled under the laws of Georgia and the rules of distribution under which the county board of education assigns to the schools of the county their pro rata share of the school fund under existing laws. Pro rata [Illegible Text] State school fund. SEC. VII. Be it further enacted, That all children between six and eighteen years of age, whose parents, guardians, or natural protectors reside in the incorporate 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 of any into said schools over the age of eighteen or under the age of six within said prescribed

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limits, and of any residing out of said limits, upon such terms and conditions as may to said board seem reasonable and just; provided , that children entitled to the public school fund under the laws of this State shall not be required to pay any tuition, incidental, or matriculation fee during the free school term. Who entitled to benefits of this Act. Children of non-residents, etc. SEC. VIII. Be it further enacted, That separate schools shall be provided for the white and colored children by said board. Separate schools for white and colored children. SEC. IX. Be it further enacted, That said board may, in their discretion, prescribe incidental fees for the children who attend said schools, not to exceed, in the primary grade, fifty cents per month, and in the high school grade one dollar per month; and said board shall prescribe when and how the same shall be paid, and with the exception of the payment of such fees as are by this section provided, said schools shall be open free to all children entitled to the benefits of this Act for nine scholastic months in each year; provided , that the incidental fee in the primary grade shall not apply to children of legal school age whose parents or guardians reside within the limits prescribed by this Act during the regular scholastic year of the State schools. Incidental fees, etc. SEC. X. Be it further enacted, That said board of education shall have 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, gifts, and grants, from the use of the 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. School funds and property to be controlled by board. SEC. XI. Be it further enacted, 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 two weeks' notice shall be given by such notice or publication as the mayor and council may direct, which election shall be held under the same rules and regulations as elections for mayor and council of said town, and the qualifications of voters at said election shall be the same. Those in favor of the system shall have written or printed on their tickets For schools, and those opposed Against 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 on their minutes; and if two-thirds of the qualified voters qualified to vote at said election shall be for schools, the mayor within five days thereafter shall make proclamation of the

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fact, and this Act shall at once become operative and of force, and said mayor and council and said board of education shall proceed to carry out their respective duties under the same. Should this Act fail of adoption, said mayor and council may submit the same at another election in the same manner as hereinbefore provided, after an interval of six months, upon the petition of ten citizens of said town, and may do so from time to time upon such petition; provided , said elections shall not be held within six months of each other. Election as to adoption of this Act. Notice of. Conduct of, etc. Ballots and returns. Result of. Subsequent elections. 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 16, 1895. WAYNESBORO, CORPORATE LIMITS EXTENDED. No. 70. An Act to extend the corporate limits of the city of Waynesboro, so that the limits as extended shall run from the point where the present limits cross the old Quaker road, and thence along said Quaker road up to the extreme western boundary of the old fair grounds, and from that point in a straight line to the point of the Waynesboro and Louisville road, where said road is crossed by what is commonly called the town branch; thence along said road to a point in said road where the present corporate limits now cross said road, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act, that the corporate limits of the city of Waynesboro shall be so extended as to run from a point where the present limits cross the old Quaker road, and then along the said road up to the extreme western boundary of the old fair grounds, and from that point in a straight line to the point on the Waynesboro and Louisville road where said road is crossed by what is commonly called the town branch; thence along said road to a point in said road where the present corporate limits now cross said road. Extension of corporate limits. SEC. II. Be it further enacted, That all territory within said extended limits be subject to all the laws now of force or hereafter to be passed for the government of said city. New territory subject to laws now of force or hereafter passed. 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 9, 1895.

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WAYNESBORO, ISSUE OF BONDS BY AUTHORIZED. No. 47. An Act to authorize the mayor and council of the city of Waynesboro to issue bonds to the amount of $7,000.00, and to provide for the payment of the principal and interest on the same by local taxation, for the purpose of taking up and paying off bonds heretofore issued by said city for the purpose of constructing and furnishing academies for said city, and to purchase lots on which to erect the same, and to furnish the academies already constructed, 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 Waynesboro, said State, be, and the same are, hereby authorized and empowered to issue bonds of said city to the amount of seven thousand dollars, said bonds to be of such denomination and to bear such rate of interest, not exceeding seven per cent. per annum, and to mature and become due and payable at such time or times within twenty years after the issue thereof, and the interest to be paid at such times as the mayor and council shall determine. Amount, rate of interest, etc. SEC. II. Be it further enacted, That the mayor and council of said city shall assess, levy, and collect annually upon all the taxable poperty of said city a tax, of two mills on the dollar, in addition to the taxes collected for the current expenses of said city, and in the same manner that taxes of said city are assessed and collected, for the purpose of paying the interest on said bonds as the same shall come due, and to provide a sinking fund for the redemption of said bonds as the principal of said bonds shall mature. Tax to pay bonds. SEC. III. Be it further enacted, That said bonds shall be signed by the mayor and countersigned by the clerk of the council, under the corporate seal of the city, and shall be negotiated in such manner as said mayor and council shall determine to be for the best interests of said city. Signing and negotiation SEC. IV. Be it further enacted, That the proceeds arising from sales of bonds herein provided for shall be applied and appropriated by said mayor and council, first for the redemption, paying, and taking up all the bonds heretofore issued by said city for the purpose of constructing and furnishing academies for said city, and to purchase lots on which to erect same; secondly, for the furnishing of the academies already constructed, and for other purposes. Use of proceeds.

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SEC. V. Be it further enacted, That the provisions of this Act shall not have effect until the same shall have been submitted to a vote of the qualified voters of said city of Waynesboro and approved by a two-thirds vote of qualified voters of said city. Election as to adoption of this Act. SEC. VI. Be it further enacted, That immediately after the passage of this Act, or so soon thereafter as is expedient, said mayor and council shall order an election to be held in said city, and shall give notice thereof for the space of thirty days next preceding the day of election, in the newspaper published in said city in which the sheriff's advertisements for the county are published, 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 said city, which notice shall specify the amount of bonds to be issued, for what purpose, what interest they are to bear, how much principal and interest to be paid off annually, and when said bonds are to be fully paid off. That said election shall be held on the day named in said published notice, at the voting-precinct of said city, and shall be held by same persons and in the same manner and under the same rules and regulations that elections for mayor and council of said city are required to be held, at the time of such elections; and the same qualifications of voters at said election shall be required as at the time of said election are required of voters in the municipal elections of said city. That the managers of said elections shall make the return of the result of the election to the said mayor and council of said city on the day after the election, which result shall be published within ten days of the election. That the ballots cast at said election shall contain the words For bonds or the words Against bonds, and unless for bonds shall receive two-thirds majority of all the voters of said city qualified to vote at said election, to be ascertained from the tally sheet of the last general election held in said city previous to said bonds election, then this Act shall not become a law. Notice of election. Conduct o election. Qualifications of voters. Election returns. Ballots. Result of election. SEC. VII. Be it further enacted, That all laws and parts of laws in conflict with this Act shall be, and the same are, hereby repealed. Approved December 3, 1895.

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YOUNG HARRIS, TOWN OF INCORPORATED. No. 62. An Act to incorporate the town of Young Harris, in Towns county, Georgia, to define the powers and duties of the mayor and council thereof, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That the town of Young Harris, in the county of Towns, in this State, be, and the same is, hereby incorporated under the name of the town of Young Harris. Corporate name of town. SEC. II. Be it further enacted, That J. W. Boyd be, and he is, hereby appointed mayor, and that A. J. Wood, V. L. Robertson, J. M. Welch, and W. A. Hunt be, and they are, hereby appointed councilmen of said town, with authority to exercise the powers and duties of mayor and council of said town until their successors are elected and qualified under the provisions of this Act. Provisional mayor and councilmen. SEC. III. Be it further enacted, That the corporate limits of said town shall extend one-half mile in every direction from the college chapel in said town, and shall include all persons and property within the radius of that distance. Corporate limits. SEC. IV. Be it further enacted, That on the first Saturday in December, 1896, 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 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 the State, or has failed to pay his town taxes. Said election shall be held and conducted in the same manner as elections for county officers in this State, and the certificate of the managers shall be sufficient authority to the persons elected to enter on the discharge of the duties of the office to which they have been elected. Municipal elections. Qualifications of voters and for office. Conduct of election. Certificates of election. SEC. V. Be it further enacted, That before entering upon the discharge of their duties 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

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town of Young Harris, according to the best of my ability and understanding, so help me, God. Oath of office. SEC. VI. Be it further enacted, That said mayor and councilmen shall have and exercise any or all of the powers enumerated in section 786 of the Code of Georgia, enacted for the government of the towns and villages of this State. General powers of mayor and councilmen. SEC. VII. Be it further enacted, That the mayor of said town shall be ex officio a justice of the peace, and shall have full authority to issue warrants for any offense committed within the corporate limits of said town, and shall have power to compel the attendance of witnesses, to examine them under oath, to admit any offender to bail, where the offense is bailable, or commit him to jail for any violations of the laws of this State, and to admit to bail or commit to the guardhouse for violations of the ordinances of said town. Mayor ex officio justice of the peace. SEC. VIII. Be it further enacted, 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, nor of the United States. Ordinances, etc. SEC. IX. Be it further enacted, That said mayor and councilmen shall have power to levy and collect an annual tax of not exceeding one per cent. upon all the property, both real and personal, within the corporate limits of said town. They shall also have power to require all persons within said corporate limits, who are subject to road duty under the laws of this State, to work on the streets of said town, or they may prescribe a commutation tax which may be paid in lieu of work on the streets. Ad valorem tax. Street working. SEC. X. 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 [Illegible Text] constable 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. XI. 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. Street work by convicts. SEC. XII. Be it further enacted, That the mayor of said town,

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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 whenver he may deem it necessary; and it shall be his duty to see that the peace and good order of the town is 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 cost 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 work on the public streets of said town, under such regulations as the mayor and council may adopt, not exceeding ten days. Duties and powers of mayor. Penalties. SEC. XIII. Be it further enacted, That if at any time the office of mayor or councilmen 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 provision of this charter. Vacancies in office. 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 5, 1895.

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TITLE II . COUNTY OFFICERS. ACTS. Bibb County, fixing bond Tax-Receiver. Catoosa County, compensation Clerk County Commissioners. Catoosa County, Act creating Board of County Commissioners amended. Coffee County, creating Board of County Commissioners. DeKalb County, compensation Clerk County Commissioners. Fannin County, creating Board of County Commissioners. Habersham County, creating Board of County Commissioners. Lumpkin County, creating Board of County Commissioners. Spalding County, Ordinary's office and courts to be at Courthouse. Thomas County, compensation County Commissioners and Secretary. Troup County, Commissioners to be elected by the people. Webster County, compensation Clerk County Commissioners. Wilcox County, Act as to Board of County Commissioners amended. BIBB COUNTY, FIXING BOND TAX-RECEIVER. No. 178. An Act to fix the official bond of the receiver of tax returns of Bibb county at ten thousand dollars, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act, the official bond of the receiver of tax returns of Bibb county shall be fixed at ten thousand dollars ($10,000). Bond fixed at ten thousand dollars. SEC. II. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 16, 1895.

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CATOOSA COUNTY, COMPENSATION CLERK COUNTY COMMISSIONERS. No. 73. An Act to amend an Act entitled an Act to provide compensation for the members of the board of roads and revenues for Catoosa county and for the clerk, approved December 9th, 1893, and for other purposes. SECTION I. Be it enacted by the General Assembly of Georgia, That from and after the passage of this Act, that section III. of said Act shall be amended by striking out all of said section after the word following, in the second line, and inserting in lieu thereof compensation; that the clerk of said board of commissioners of roads and revenues shall receive the following compensation, a sum not to exceed fifty ($50) dollars per annum. Sec. 3 of Act of Dec. 9, 1893, amended. Compensation of clerk $50.00 per annum. SEC. II. Be it further enacted, That all laws in conflict with this Act be, and the same are, hereby repealed. Approved December 10, 1895. CATOOSA COUNTY, ACT CREATING BOARD OF COUNTY COMMISSIONERS AMENDED. No. 93. An Act to amend an Act entitled an Act to create a board of commissioners of roads and revenues in the county of Catoosa, approved March 5, 1875, and for other purposes. SECTION I. Be it enacted by the General Assembly of Georgia, That the above recited Act be, and is, hereby amended by striking from section II., line eight, all after the word select to the word ordinary in ninth line, so that said section, when so amended, shall read: That the ordinary shall be chairman of said board of commissioners and shall preside at all their meetings, at which it shall require three of the four persons so elected to constitute a quorum for the transaction of business, the ordinary deciding any question upon which said board is equally divided. The said board of commissioners shall have four regular meetings annually at such time as they may select. The ordinary as chairman shall have power to convene said board whenever it may be necessary. Sec. 2 of Act of March 5, 1875, amended. Ordinary to be chairman of board. Quorum, etc. Regular meetings. Cailed meetings.

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SEC. II. Be it further enacted, That all laws in conflict with this Act be, and the same are, hereby repealed. Approved December 13, [Illegible Text] COFFEE COUNTY, CREATING BOARD COUNTY COMMISSIONERS. No. 202. An Act to create a board of commissioners of roads and revenues for the county of Coffee. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That upon the passage of this Act the Governor shall commission the following citizens of the county of Coffee to constitute a board of commissioners of roads and revenues for said county, who shall hold their office until their successors are selected and qualified as hereinafter provided, viz: H. L. Paulk, Matthew Kirkland, John McLean, J. M. Wilcox, and I. Daniel Latt, Sr. Provisional board. SEC. II. Be it further enacted, That at the fall term of superior court for said county for the year 1897, and for every two years thereafter, the judge of the superior court shall elect five discrect citizens (freeholders) of the county, said selection to be indorsed by the grand jury then in session, said names to be transmitted to the Governor at once, who shall issue commissions to the five persons so selected, and they shall then, after subscribing to the oath hereinafter directed, constitute the new board of commissioners of roads and revenues of said county. Selection and term of commissioners. SEC. III. Be it further enacted, That the said board of commissioners at their first sitting after being duly qualified shall elect a clerk of the board of commissioners of roads and revenues, to be selected from one of their number of from an outsider, as the board may deem best, said clerk to hold until the new board is duly qualified; to whom the ordinary of said county shall deliver all records and other matter pertaining to the duties or powers of said commissioners, and said clerk shall be held responsible for the safe keeping of all records and papers of said commissioners. Clerk of board. SEC. IV. Be it further enacted, That in case any vacancy should occur in the board of commissioners of roads and revenues, a majority of said board shall constitute a quorum and shall have power and authority to fill such vacancy until the next regular appointment by the judge and grand jury as aforesaid. Vacancies in board. SEC. V. Be it further enacted, That before entering upon the

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duties of commissioners of roads and revenues, each member-elect shall take and subscribe to, before some officer legally authorized, an oath to faithfully, to the best of their knowledge and ability, discharge all the duties of their office. Said commissioners shall have power and authority to elect a chairman and pass such by-laws and rules for their government as are not in conflict with the laws of this State. Oath of office. SEC. VI. Be it further enacted, That all sessions of said board of commissioners of roads and revenues shall be held in the courthouse of said county, and shall be at least once per month. Sessions of board. SEC. VII. Be it further enacted, That each commissioner and the clerk shall receive two dollars per day for the time actually engaged in the discharge of the duties of commissioners and clerk. A certificate from the clerk, countersigned by the chairman or acting chairman, shall be a sufficient voucher for the county treasurer, who is authorized and required to pay any demands made upon him by said board of commissioners of roads and revenues. Compensation of commissioners and clerk. Vouchers. SEC. VIII. Be it further enacted, That said board of commissioners of roads and revenues shall have jurisdiction and control, according to law, of all property of said county of Coffee; of levying taxes, either general or special; of establishing, altering, or establishing 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 the same; of examining and auditing all books and accounts of officers having 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; of regulating peddling, etc., and fixing license for the same; of determining the validity of all bonds of county officers, and shall exercise such supervision as shall secure the county against wrongdoing. It shall further be the duty of said board of commissioners to carefully examine the books of all county officers and jails and county prisons, the sanitary condition of the same, and feeding of the county prisoners, and report their true condition to the grand jury at each term of Coffee county superior 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 of license; provided , they do not fix said cost below $10,000; they shall appoint all road overseers in the county and enforce all road laws. Powers and duties of board.

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SEC. IX. Be it further enacted, That the ordinary of Coffee county is hereby required to turn over all books and papers in any way pertaining to the duties and powers herein conferred upon the board of commissioners of roads and revenues. Ordinary to turn over books, etc., to board. SEC. X. Be it further enacted, That the board of commissioners of roads and revenues is authorized and required to compel all railroads and tram roads within the county of Coffee to remove all obstructions placed by them on either public or private roads of the county; that if, after ten days' notice, such railroads or tram roads shall refuse or neglect to remove such obstruction, said commissioners shall remedy such evil and collect whatever cost there may be for such work, by process of law, from such defaulting railroads and tram roads. Removal of obstructions from roads. SEC. XI. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 16, 1895. DEKALB COUNTY, COMPENSATION CLERK COUNTY COMMISSIONERS. No. 79. An Act to repeal so much of the Act creating a board of county commissioners of roads and revenues for the county of DeKalb as limits the compensation of the clerk thereof to a sum not exceeding two hundred and fifty dollars, and to authorize the board to fix his compensation at such sum as to the board shall seem reasonable and just. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That so much of the Act creating a board of commissioners of roads and revenues for the county of DeKalb as limits the compensation of the clerk thereof to a sum not exceeding two hundred and fifty dollar be, and the same is, hereby repealed. Act as to limit of compensation of clerk repealed SEC. II. That the said board of commissioners is authorized to fix the compensation of the clerk of the commission at such sum as to the board shall seem reasonable and just, and to be paid from the county treasury. Board may [Illegible Text] compensation. SEC. III. Be it further enacted, That all laws and parts of laws in conflict with this Act are hereby repealed. Approved December 13, 1895.

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FANNIN COUNTY, CREATING BOARD COUNTY COMMISSIONERS. No. 194. An Act to create a board of county commissioners for the county of Fannin, to define their powers and duties, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act, all the powers and duties of the ordinary of Fannin county, so far as the same relate to roads, bridges, public buildings, and other property, erection, completion, and furnishing of a courthouse, management of the county jail and its fees, assessing and collecting taxes, disbursing money for county purposes, and all powers in reference thereto now conferred by law upon the ordinary, are hereby conferred upon a county board of commissioners, as hereinafter set out. County commissioners, powers and duties of. SEC. II. Be it further enacted by the authority aforesaid, That G. W. Phillips, George Cochran, and Bruce Crawford, citizens of said county of Fannin, are hereby appointed a county board of commissioners for said county; that the term of office of said commissions shall be the same as that of the ordinary, and shall expire with the present term of the present ordinary, but said board shall discharge all the duties herein mentioned until their successors are elected and qualified. Provisional board. Term of office. SEC. III. Be it further enacted by the authority aforesaid, That at all elections hereafter held for ordinary there shall be elected three commissioners for said county of [Illegible Text] as aforesaid, who shall constitute the board of commissioners for said county; said commissioners shall be elected in the same manner as the ordinary, shall be commissioned by the Governor, and shall hold their office for the term of four years and until their successors are elected and qualified. Elections of commissioners. Terms of office. SEC. IV. Be it further enacted by the authority aforesaid, That said commissioners shall elect a chairman from their body who shall preside at all meetings held by them. In the event of the death, resignation, or disability of a member of said board, the ordinary of said county shall order an election at once to fill such vacancy. Chairman. Vacancies. SEC. V. Be it further enacted by the authority aforesaid, That said board of commissioners shall meet at the courthouse, or at such other convenient place as they shall see fit, at the county site

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on the first Monday in each month, and on such other days as they may determine; and they shall exercise all the powers and duties herein provided, and they shall keep a full and complete record of all their actings and doings. Board meetings. Minutes etc. SEC. VI. Be it further enacted by the authority aforesaid, That said board may adjourn from day to day; that each member of said board shall, before undertaking to act as herein provided, take and subscribe an oath before the clerk of the superior court of said county to faithfully and honestly discharge the duties of said office, which oath shall be recorded by said clerk; the members of said board shall receive no compensation for their services as such commissioners; said board shall have power to elect a clerk for their body and fix his salary; he shall take the same oath as said commissioners, and hold office during the pleasure of said board. Adjournments. Oath of office. Board to receive no compensation. Clerk. SEC. VII. Be it further enacted by the authority aforesaid, That said board shall have the same power and authority to punish for contempt of their court as the other courts of ordinary have in this State. [Illegible Text] 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 16, 1895. HABERSHAM COUNTY, CREATING BOARD COUNTY COMMISSIONERS. No. 220. An Act to create a board of commissioners of roads and revenues in the county of Habersham, 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 authority of the same, That at the first regular election for county officers for the county of Habersham next after the passage of this Act, there shall be elected three citizens of said county, who shall, upon taking the oath hereinafter prescribed, constitute a board of commissioners of roads and revenues for said county. Election of first board. SEC. II. Be it further enacted, That the term of office of said commissioners shall be two years or until the election and qualification of their successors in office. The terms of office of the

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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 election, and all persons who shall be elected to fill vacancies made by expiration of a term shall be elected for two years. All vacancies which shall occur by death, resignation, or any other way than by the expiration of a regular term, shall be filled by special election if more than six months before a regular election, as for other county officers, but if less time than six months before a regular election, the ordinary may by appointment fill such unexpired term until a regular election. 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 will be most conducive to the welfare and prosperity of the entire country. Oath of office. SEC. IV. Be it further enacted, That upon the election of said board by the qualified voters of said county, 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 been respectively elected, and upon presentation of their commissions and the taking the oath above prescribed, they shall enter at once upon the discharge of their duties. Certificate of election, etc. SEC. V. Be it further enacted, That two of said board shall be a quorum, and two must concur to pass any order or let any contract, pledge the county credit, or grant or allow any claim against the county. Quorum. SEC. VI. Be it further enacted, That said board, when sitting for county purposes, shall have exclusive jurisdiction over the following subject-matters: Jurisdiction of board. 1st. 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. 2d. In levying taxes for county purposes in accordance with law.

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3d. In examining and auditing 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. 4th. In examining, auditing, allowing, and settling all claims against the county. 5th. 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. 6th. In establishing, altering, abolishing, or opening roads, bridges, and ferries in accordance with law. 7th. 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. 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 out of the county treasury 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 interest of the county demands it. The ordinary 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. Board meetings and minutes. Ordinary ex officio clerk. SEC. VIII. Be it further enacted, That the treasurer of said county shall not disburse or pay out any of the funds in the county treasury unless authorized by the order in writing of said board of commissioners. Payments from county treasury. SEC. IX. Be it further enacted, That the members of said board shall be paid the sum of two dollars per day for the time they actually sit for county purposes. Compensation of commissioners. SEC. X. Be it further enacted, that no two of said commissioners shall be chosen from the same militia district. No two to be from same militia district SEC. XI. Be it further [Illegible Text] that all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 16, 1895.

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LUMPKIN COUNTY, CREATING BOARD COUNTY COMMISSIONERS. No. 94. An Act to provide for a board of commissioners of roads and revenues in the county of Lumpkin, to define their powers and duties, to prescribe the manner to elect the same, to submit the same to the people, and for other purposes. SECTION I. Be it enacted by the General Assembly of Georgia, That at the next general election for county officers to be held in and for the county of Lumpkin in this State on the first Wednesday in October, 1896, an election shall be held for three freeholders who shall constitute a board of commissioners of roads and revenues of the county of Lumpkin; provided , that this Act shall not take effect unless a majority of the qualified voters casting their ballots at said general election shall indorse on said ballots for commissioners. Election of first board. This Act not to take effect unless adopted by the people. SEC. II. Be it further enacted, That if a majority of such voters shall vote for commissioners, then the three freeholders receiving the highest number of votes shall be declared elected, and shall hold their respective offices for the term of two years, or until their successors are elected and qualified. Terms of office. SEC. III. Be it further enacted, That all elections for commissioners of roads and revenues shall be by the people under the same rules and regulations as now govern the election of county officers. Conduct of elections. SEC. IV. Be it further enacted, That no person shall be competent to serve on said board until he shall have taken the following oath of office, which shall be administered by the judge of the superior court, the clerk of said court, or the ordinary, which oath shall be recorded in the book of record of the proceedings of said board hereinafter provided for, to wit: You, and each of you, do solemnly swear that you will faithfully discharge the duties of commissioner of roads and revenues, and in all matters which require your official action you will so act as in your judgment will be most conducive to the welfare and prosperity of the entire county. Oath of office. 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

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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 the 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 the 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 of board 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 an 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 and minutes. 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. Payments from county treasurer. 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 13, 1895.

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SPALDING COUNTY, ORDINARY'S OFFICE AND COURT TO BE AT COURTHOUSE. No. 95. An Act to repeal an Act approved February 17th, 1877, to authorize the ordinary of Spalding county to keep his office and records and hold his courts at a place other than at the courthouse of said county. SECTION I. Be it enacted by the General Assembly of Georgia, That from and after the passage of this Act, the Act entitled an Act to authorize the ordinary of Spalding county to keep his office and records and hold his courts at a place other than at the courthouse of said county, approved February 17th, 1877, be, and the same is, hereby repealed; provided , that this Act shall not take effect and become operative until the county commissioners of Spalding county have first provided a vault, or place of safety for the keeping of the records and books of the court of the ordinary at the courthouse in Spalding county. Act of Feb. 17, 1877, repealed. This Act not to take effect until safe place provided for records, 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 December 13, 1895. THOMAS COUNTY, COMPENSATION COUNTY COMMISSIONERS AND SECRETARY. No. 43. An Act to amend an Act creating a board of commissions for Thomas county and the several Acts amendatory thereof, so as to provide compensation to the members of said board for services attending commissioners' court, to empower the commissioners with authority to fix the salary of clerk of said board, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act that section five of an amendatory Act, approved February 13, 1877, be, and the same is, hereby amended by striking out all that part of said section after the word

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prescribed, in the sixteenth line, and before the word and, in the seventeenth line, so that the third sentence of said section, when so amended, shall read as follows: At the same meeting there shall also be chosen a suitable person to serve as secretary, whose duty it shall be to attend all meetings of the board and to keep a full record of its proceedings, and who shall receive for such services such compensation as the board may prescribe, and shall be removable at the pleasure of the board. The remainder of said section five to read as it now does. Sec. 5 of Act of Feb. 13, 1877, amended. Secretary of board. SEC. II. Be it further enacted, That section seven of the above recited Act be, and the same is, hereby amended by striking out all that part of said section after the word shall, in the second line, and before the word during, in the third line, and inserting in lieu thereof the following words: Each receive five dollars for actual attendance upon each regular monthly meeting of the board, and shall also be exempt, so that the first sentence of said section, when so amended, shall read as follows: That the members of the board of commissioners shall each receive five dollars for actual attendance upon each regular monthly meeting of the board, and shall also be exempt during their term of office from road, militia, and jury duty. The remainder of said section seven to read as it now does. Sec. 7 amended. Compensation of commissioners. 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 3, 1895. TROUP COUNTY, COMMISSIONERS TO BE ELECTED BY THE PEOPLE. No. 105. An Act to amend an Act approved February 28, 1876, which created a commission of roads and revenues for the county of Troup, so as to change the present manner of election of said commissioners by referring said election to the qualified voters of the county. SECTION I. Be it enacted by the General Assembly of Georgia, That from and after the passage of this Act, section 1 of the Act recited in the caption be amended by striking from said Act the words constituting the first section beginning with that and ending with years inclusive, and inserting in lieu of the stricken words the following words and section, to wit: That at the next general election for State and county officers, following the passage

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of this Act, and under rules as govern said election, and every two years thereafter, there shall be elected in the county of Troup five intelligent freeholders, who shall constitute a board of commissioners of roads and revenues for said county, who shall hold their office two years, or until their successors are elected and qualified. No person shall be a member of said board who has not resided in Troup county at least two years next preceding his election, or has not attained the age of thirty years; provided , that the commissioners appointed by the grand jury at the spring term, 1896, shall hold until the election and qualification of the commissioners provided for at the general election. Sec. 1 of Act of Feb 28, 1876, amended. Election to be by the people. Term of office. Qualifications for membership. Present commissioners to hold until when. SEC. II. Be it further enacted by the authority aforesaid, That all laws and part of laws in conflict herewith be repealed. Approved December 13, 1895. WEBSTER COUNTY, COMPENSATION CLERK COUNTY COMMISSIONERS. No. 59. An Act to amend an Act to create a board of commissioners of roads and revenues for the county of Webster, to define their duties and powers, and for other purposes, approved August 23d, 1872, and an Act amendatory thereof, approved February 14th, 1873, and an Act amendatory thereof, approved August 18th, 1881, and an Act further amendatory thereof, approved November 25th, 1893. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That section 3 of the above recited Act of 1881 be amended by striking out therefrom everything after the word receive, in the 12th line of said section, down to the word dollars, in the 14th line of said section, and inserting in lieu thereof the words the sum of seventy-five dollars per annum for his compensation; so that said section, when amended, will read as follows: The clerk of the superior court shall act as clerk of the board of commissioners, and shall receive the sum of seventy-five dollars per annum for his compensation, to be paid by the treasurer of said county upon the order of said commissioners. Sec. 3 of Act of Aug. 18, 1881, amended. Clerk to receive $75.00 per annum. 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 5, 1895.

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WILCOX COUNTY, ACT AS TO BOARD COUNTY COMMISSIONERS AMENDED. No. 167. An Act to amend an Act entitled an Act to amend an Act to create a board of commissioners of road and revenue in the county of Wilcox, to define the powers and duties thereof, and for other purposes, approved February 22, 1872, approved December 28, 1886, 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 above recited Act shall be amended as follows: Sec. 1 [Illegible Text] Act of Dec. 28, 1886, amended. 1. By striking from the first section thereof all of said section after the word the, in the thirteenth line thereof, and inserting in lieu thereof the words general election for county officers in said county in the year 1898, said commissioners to hold their offices for the term of four years, and there shall be a regular election every fourth year thereafter upon the day when the sheriff for said county is elected, and said commissioners shall be exempt from militia, road and jury duty. Election and term of commissioners. 2. By striking all of the fourth section of said Act and inserting in lieu thereof the words That said commissioners 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; drawing warrants upon the treasurer of said county; examining, auditing and procuring prompt and speedy settlements of the accounts of all officers having the care, management, keeping, and disbursement of any money belonging to the county or appropriated for its use and benefit; in making such rules and regulations for the support and maintenance of the poor of said county as are allowed by law or not inconsistent therewith; in establishing, altering, and abolishing all public roads, private ways, and bridges; 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 was held and exercised by the inferior court when sitting for county purposes prior to the adoption of the Constitution of 1868. They shall have exclusive

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authority to draw warrants upon the county treasurer of said county; and other officers of said county heretofore authorized and empowered by law to draw warrants upon said treasurer shall, instead of a warrant upon the treasurer, issue to the claimant a certificate of the amount due said claimant and the nature and character of the claim, which certificate shall be audited by said board, and if approved by them they shall draw their warrant upon the county treasurer for the payment of the same. It shall be the duty of the foreman of each grand jury of said county to certify to the clerk of the superior court upon the adjournment of said grand jury for the term or week, as the case may be, a list of all persons who have served as grand jurors during the term or week, with the number of days of actual service of each grand juror. Said clerk shall furnish said certificate to said board, together with his own certificate of all persons who have served for said term or week, as traverse jurors, regular and tales, giving the number of days of actual service by each traverse juror. They shall, as soon as practicable after drawing any warrant upon the county treasurer, inform him of the same, and each warant or order shall plainly state out of what fund the same shall be paid. Sec. 4 amended. Jurisdiction of board, etc. 3. By striking all of the sixth section of said Act and inserting in lieu thereof the words That said commissioners shall hold their courts regularly at the courthouse of said county on the first Monday of each and every month and on Friday of each week in which any term of the superior court of said county shall be held, and may adjourn from day to day, and may hold called sessions whenever the public necessity may require. In all their courts they shall have the same power to enforce decorum and punish for contempt as are now exercised by the several ordinances of this State, and may compel the attendance of witnesses by subp[oelig]na and attachments. It shall be the duty of the sheriff of said county, when so required, to attend the sittings of said courts, and to serve all processes and notices issued by said commissioners; and for such services he shall receive the same compensation as is allowed by law for like services in the superior court. Sec. 6 stricken. Board meetings, etc. Contempts. Attendance of witnesses. Sheriff to serve processes, etc. 4. By striking all of section fifth of said Act and renumbering the sections after section fourth accordingly. Sec. 5 stricken, etc. 5. By adding at the end of section seven of said Act the words and such other compensation as they may deem reasonable and just for extra services rendered while the board is not in session in making up his minutes and performing other work assigned to him by the board. Sec. 7 amended. Compensation of clerk. 6. By striking all of section first of said Act down to and including

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the word follows, in the twenty-fourth line thereof, so that said Act, when so amended, shall read as follows: Sec. 1 amended. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act there shall be established in the county of Wilcox a board of commissioners of road and revenue, to consist of three persons to be elected by the voters of the county and commissioned by the Governor, the first election to be held at the general election for county officers in said county in the year 1898, said commissioners to hold their offices for the term of four years, and there shall be a regular election every fourth year thereafter upon the day when the sheriff for said county is elected, and said commissioners shall be exempt from militia, road, and jury duty. Act as amended. Election and term of commissioners. SEC. II. That whenever a vacancy shall occur, the remaining members of said board shall have power, and it is hereby made their duty, to fill the same, and any person chosen to fill a vacancy shall be commissioned and hold his office for the unexpired term of the commissioner whom he succeeds; that no person is eligible as commissioner under this Act unless he has been a resident citizen in the county at least one year next preceding his qualification. Before entering on the duties of their office each of said commissioners shall take and subscribe the oath of office required to be taken by all civil officers of this State. Vacancies. Qualifications for office. Oath of office. SEC. III. That it shall require two of said commissioners to form a quorum for the transaction of business, and they must concur to pass any order or decree. Quorum, etc. SEC. IV. That said commissioners 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; drawing warrants upon the treasurer of said county; examining, auditing, and procuring prompt and speedy settlements of all officers having the care, management, keeping, and disbursement of any money belonging to the county or appropriated for its use and benefit; in making such rules and regulations for the support and maintenance of the poor of said county as are allowed by law or not inconsistent therewith; in establishing, altering, and abolishing all public roads, private ways, and bridges; 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 of all such county matters as was held and exercised by the inferior court when sitting

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for county purposes prior to the adoption of the Constitution of 1868. They shall have exclusive authority to draw warrants upon the treasurer of said county; and other officers of said county, heretofore authorized and empowered by law to draw warrants upon said treasurer, shall, instead of a warrant upon the treasurer, issue to the claimant a certificate of the amount due said claimant, and the nature and character of the claim, which certificate shall be audited by said board, and if approved by them they shall draw their warrant upon the county treasurer for the payment of the same. It shall be the duty of the foreman of each grand jury of said county to certify to the clerk of the superior court, upon the adjournment of said grand jury for the term or week, as the case may be, a list of all persons who have served as grand jurors during the term or week, with the number of days of actual service of each grand juror. Said clerk shall at once furnish said certificate to said board, together with his own certificate of all persons who have served for said term or week as traverse jurors, regular and tales, giving the number of days of actual service of each traverse juror. They shall, as soon as practicable after drawing any warrant or order upon the county treasurer, inform him of the same, and each warrant or order shall plainly state out of what fund the same shall be paid. Jurisdiction of board. SEC. V. That said commissioners shall hold their courts regularly at the courthouse of said county on the first Monday of each month and on Friday of each week in which any term of the superior court of said county shall be held, and may adjourn from day to day, and may hold called sessions whenever the public necessity may require. In all their courts they shall have the same power to enforce decorum and punish for contempt as are now exercised by the several ordinaries of this State, and may compel the attendance of witnesses by subp[oelig]na and attachment. It shall be the duty of the sheriff of said county, when so required, to attend the sittings of said courts, and to serve all processes and notices issued by said commissioners; and for such services he shall receive the same compensation as is allowed by law for like services in the superior court. Board meetings, etc. Contempts. Witnesses. Sheriff to serve processes, etc. SEC. VI. That said board may elect a clerk, whose duties shall be defined by said board, with such compensation, to be paid out of the county treasury, as they may see proper to give him, not to exceed two dollars per day for every day of actual service rendered by him in the discharge of such duties so imposed by them, and such other compensation as they deem reasonable and just for extra services rendered while the board is not in session, in

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making up his minutes and performing other work assigned to him by the board. Clerk. SEC. VII. That said board of commissioners shall keep fair and regular minutes of all their proceedings and orders, which shall be subject to the inspection of any citizen so desiring to examine the same. Minutes. SEC. VIII. That said board of commissioners shall be allowed, as compensation for their services so rendered, a sum not to exceed three dollars per day each for each and every day of actual service so rendered by them. Compensation of board. SEC. IX. That in no case shall the ordinary of said county be a member of said board of commissioners. Ordinary not to be member of board. 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 16, 1895.

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TITLE III . COUNTY AND CITY COURTS. ACTS. Atlanta, City Court of, compensation bailiffs Second Division. Clarke County, City Court of, law as to amended. Coffee County, City Court of, Act establishing. Coffee County, General County Court, law repealed as to. DeKalb County, City Court of, jurisdiction limited. Effingham County, Clerk of County Court. Elbert County, City Court of, quarterly terms changed. Emanuel County, County Court abolished. Glynn County, General County Court law repealed as to. Glynn County, City Court of Brunswick in and for established. Gwinnett County, City Court of, established. Gwinnett County, General County Court law repealed as to. Richmond County, terms, call of dockets, etc., City Court of. Savannah, City Court of, election and terms of clerk and sheriff, etc. ATLANTA, CITY COURT, COMPENSATION BAILIFFS SECOND DIVISION. No. 185. An Act to fix the compensation of the two bailiffs of the second division of the city court of Atlanta. 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 two bailiffs of the criminal court of Atlanta (or the second division of the city court of Atlanta) shall each receive the sum of six hundred dollars per annum, to be paid fifty dollars monthly, out of the county treasury of Fulton county, as the bailiffs of the first division of said court are now paid for their services. Two bailiffs to be paid $600.00 each per annum. SEC. II. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 16, 1895.

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CLARKE COUNTY, CITY COURT, LAW AS TO AMENDED. No. 211. An Act to amend an Act entitled an Act to establish a city court in the county of Clarke, and to provide for the appointment of a judge and solicitor thereof, approved September 9th, 1879, and the various Acts amendatory thereof, so as to change the quarterly terms and times of holding the quarterly terms of said court; regulate the practice, civil and criminal, in said court; to regulate jury trials in said court, both in regular quarterly sessions and special sessions and vacation, and otherwise amendatory of said Acts, as to jurisdiction of said court, powers of the judge, practice, pleading, and jury trial. 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 four regular quarterly terms now held of said city court on the third Mondays in March, June, September, and December be changed, so that, from and after the passage of this Act, said quarterly sessions of said court shall be held on the third Mondays in February, May, August, and November of each year; provided , that should this Act not become a law in time to hold the November session of this year, then the said court shall hold the December term as formerly provided by law, and the change of terms now provided for shall begin with the third Monday in February term, 1896. Quarterly session to be held when. When the change to take effect. SEC. II. Be it enacted, etc., That all cases, civil and criminal, in said court shall be tried by the court without a jury, and jury trial in said court shall be held waived unless a trial by jury be demanded by either party in a civil case, or by the defendant in a criminal case, and any and all demands for jury trial in said court, both in civil and criminal cases, must be in writing, signed by the party or his counsel, and be filed and entered of record on the minutes of said court on or before the first day of the term of said court at which said case or cause stands ready for call for trial by law, whether regular quarterly term or special session of court; and the clerk shall note on the judge's docket all such demands for jury trial when filed and entered on minutes of said court. Demand for jury trial must be made. Requisites of, etc. SEC. III. Be it further enacted, etc., That certiorari shall be had from the decision of said court to the superior court only after the judge of said court shall have had opportunity to review his decision and ruling by motion for new trial, or other proper motion

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in writing for review by said judge; and the answer of said judge to any writ of certiorari shall be the original papers in each proceeding, approved by said judge and certified to the superior court by the clerk of said court under his official signature and seal of said court; and the judge, or judges, of the superior court shall deny the writ of certiorari unless it shall affirmatively appear in the petition for certiorari that such opportunity for review of his decision, ruling, or judgment has been had by the judge of said city court. Certiorari. SEC. IV. Be it enacted, etc., That in all trials of criminal cases in said city court of Athens on accusation founded on affidavit, as provided in Act establishing said court, the counsel for the State shall have the right, at any stage of any trial of any criminal case, to amend the allegation in the accusation, both in substance and form, so as to cure any legal or technical defects and supply all allegations necessary to charge a crime, or to make the allegations conform to the proof to avoid variance of allegation and proof on crime originally charged; provided , the presiding judge may, if in his discretion the ends of justice require it, grant a continuance to the defendant on the ground of surprise. Amendment of criminal accusations. Continuance because of. SEC. V. Be it further enacted, etc., That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 16, 1895. COFFEE COUNTY, CITY COURT OF, ACT ESTABLISHING. No. 147. An Act to establish the city court of Coffee, in and for the county of Coffee; to define its jurisdiction and powers; to provide for the appointment of a judge and other officers thereof; to define their powers and duties, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That the city court of Coffee county is hereby established and created, with civil and criminal jurisdiction over the whole county of Coffee, concurrent with the superior court, to try and dispose of all civil cases, of whatsoever nature, wherein the principal sum claimed or involved is as much as fifty dollars, except those of which the Constitution of this State has given the superior court exclusive jurisdiction, and with criminal jurisdiction to try and dispose of all offenses, below the grade of felony, committed in the county of

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Coffee; that the jurisdiction herein conferred shall include not only the ordinary suits by petition and process, but also all other kinds of suits and proceedings which now or hereafter may be in use in the superior courts, either under the common law or by statute, including, among others, attachment and garnishment proceedings, illegalities, counter affidavits to any proceeding from said court, statutory awards, proceedings against intruders and tenants holding over, partition of personalty, issues upon distress warrants, foreclosures of all liens and mortgages, and quo warranto . Jurisdiction. SEC. II. Be it further enacted, That said city court shall have concurrent jurisdiction with the superior court of all appeals and certiorari from all inferior courts in said county, except the court of ordinary, said appeals and certiorari to be had under the same rules governing such remedies in the superior court. The city court judge is hereby given authority to sanction petitions for certiorari returnable to said city court. The writs of certiorari shall be issued in five days after filing the petition and sanction, and made returnable to the first monthly term, after twenty-five days from the date of said writ. As to everything else about certiorari , the same rules apply as in superior courts. Appeals shall be returned to the monthly terms and stand for trial at the first term after ten days from the time of entering the appeal. Concurrent juristion as to appeals and certiorari, etc. SEC. III. Be it further enacted, That there shall be a judge of said city court of Coffee county, who shall be appointed by the Governor, by and with the advice of the Senate, whose term of office shall be four years, and all vacancies in the office of judge shall be filled by appointment of the Governor for the residue of the unexpired term, such appointment being subject to the approval of the Senate, which may then be in session, or if the Senate be not in session at the time of such appointment, then subject to the approval of the Senate at its next session thereafter. The judge of said city court of Coffee shall receive a salary of six hundred dollars per annum, to be paid as follows: two hundred and fifty dollars from the general funds in the treasury of the county, to be paid quarterly; the remainder of said salary to be paid out of the fund arising from the amounts received from the trial of civil cases in said city court as hereinafter provided. Appointment and term of judge. Salary of. SEC. IV. Be it further enacted, That any person who shall be appointed judge of said city court must, at the time of said appointment, be at least twenty-five years of age; must have resided in Coffee county at least one year immediately preceding his appointment, and he must also have been a practicing attorney at law for more than two years before his appointment, and he shall, before

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entering upon the discharge of the duties of his office, take and subscribe the following oath: I do solemnly swear that I will administer justice without respect to persons, and do equal right to the poor and the rich, and that I will faithfully and impartially discharge and perform all the duties which may be required of me as judge of the city court of Coffee county, of this State, according to the best of my ability and understanding, agreeably to the law and Constitution of this State and the Constitution of the United States, so help me, God. And said oath shall immediately thereafter be forwarded to the Governor and filed in the Executive Department. Said judge shall have authority to issue criminal warrants, warrants to dispossess tenants holding over, and intruders; to issue distress warrants and generally do all acts which the judges of the county courts of this State are authorized to do, unless otherwise provided in this Act. Qualifications for office of judge. Oath of. Authorized to issue criminal and other warrants, etc. SEC. V. The judge of said city court shall have power to cause testimony to be taken de bene esse , 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 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 power, 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 of the superior courts shall apply to the judge of said city court, so far as the same may be applicable, except as herein provided. Testimony de bene esse, etc. Administration of oaths. Attestation of deeds, etc. General powers of judge. SEC. VI. Be it further enacted, That the judge of said city court shall have power and authority to hear and determine all civil and criminal cases of which the said court has jurisdiction, and to give judgment and execution therein; provided, always , that either party in a civil case, or the defendant in a criminal case, shall be entitled to a trial by jury in said court upon entering a demand therefor, by himself or his attorney, in writing, on or before the call of the docket the first day of the term of said court, at the term to which the cause is returnable, in all cases where such party is entitled to a trial by jury under the Constitution and laws of this State. Demand for jury trial.

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SEC. VII. Be it further enacted, That the judge of said 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 in writs of error from the city court. The judge of the superior court and the judge of the city court may preside in the courts of each other, in said county, in cases where the judge of either court is, from any cause, disqualified to preside. Judge may practice law. May preside in superior court, etc. SEC. VIII. Be it further enacted, That the judge of said city court shall have power to issue writs of habeas corpus , and to hear and dispose of the same in the same way and with the same power as the judge of the superior court. Habeas corpus. SEC. IX. Be it further enacted, That there shall be a solicitor of the 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 two years. All vacancies in said office shall be filled by appointment of the Governor for the remainder of the unexpired term, and should a vacancy occur when the Senate shall not be in session, the Governor shall fill such vacancy by appointment and shall submit such appointment to the Senate at its next session thereafter. No person shall be appointed solicitor of said city court unless at the time of his appointment he shall have arrived at the age of twenty-one years, and shall be a resident of said county and shall be a practicing attorney at law. Solicitor, his appointment and term. Qualification for office. SEC. X. Be it further enacted, That it shall be the duty of the solicitor of said city court to represent the State in all cases in said city court and in cases carried up to the Supreme Court from said city court to which the State shall be a party, and shall perform therein such other duties as usually appertain to this office. In case the solicitor of the said city court cannot attend the duties of the same, the judge of said city court shall appoint some competent attorney to act as solicitor pro tem. The solicitor of said city court shall receive for his services the same fees as are by law allowed solicitors-general for the like services in the superior courts and in the Supreme Court, except that for representing the State in the trial of cases for a violation of the gambling laws of this State, in said city court, he shall only receive a fee of ten dollars for prosecuting each of said cases. Duty of the solicitor. Solicitor pro tem. Fees of solicitor. SEC. XI. Be it further enacted, That the solicitor of said city court shall for his services in the Supreme Court be paid out of the treasury of the State by warrant drawn by the Governor upon the certificate of the clerk of the Supreme Court as to the performance of the services, and the certificate of the clerk of the city court of the insolvency or acquittal of the defendant. Fees of solicitor in Supreme Court.

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SEC. XII. Be it further enacted, That there shall be a clerk of said city court, who shall be appointed by the judge thereof; said clerk shall, before entering on the duties of his office, take and subscribe an oath, before the judge of said city court, to faithfully and impartially discharge the duties thereof; he shall also, before entering on the duties of his office, execute a bond with good security, in the sum of five hundred dollars, for the faithful discharge of the duties of his office, said bond to be approved by the judge of said court; and the oath and bond aforesaid shall be recorded in the clerk's office of said city court, after which the bond shall be deposited in the office of the ordinary of said county. Said clerk shall have the same power to administer affidavits and attest deeds and other papers as is vested in the clerks of the superior courts of this State. It is also provided that the clerk of the superior court of said county shall be eligible to hold the office of said city court, and the judge of said court may, if he see proper, appoint him to that office. Clerk. Oath of office. Bond of. Clerk may attest deeds, etc. Clerk superior court may be clerk city court. SEC. XIII. Be it further enacted, That the judge of said city court may appoint an officer to serve all processes, writs, orders, issued from said court, and the person so appointed, in his official connection with said court, shall be known as the sheriff of the city court of Coffee county. Before entering on the discharge of the duties of his office he shall take and subscribe an oath to faithfully and impartially discharge the duties thereof, and shall also execute a bond, with good security, in the sum of one thousand dollars, for the faithful discharge of the duties of said office, said bond to be approved by the judge of said court, and the oath and bond to be recorded and filed in the clerk's office of said city court. He shall have the power to appoint a deputy, or deputies, with the consent of said judge. All the duties and liabilities not inconsistent with this Act, attached to the office of clerk of the superior court and to the office of sheriff, shall be attached to the office of clerk of the city court of Coffee and to the office of sheriff of the city court of Coffee, respectively, and the judge of said city court of Coffee is empowered to exercise the same authority over the said clerk and sheriff and his deputy or deputies, as is exercised by the judge of the superior court over the clerks of the superior courts and sheriffs of the counties in Georgia. When from any cause neither the sheriff nor any of his deputies can be had in a case of emergency, the judge of said city court may appoint any constable or other person to execute any process of the court, and such persons appointed shall not be required to give bond, but must take an oath to perform the duties of his office; provided, always , that the

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sheriff and his deputy, or deputies, of Coffee county, shall, at all times, have power to execute any process or to perform any and all duties of the said sheriff of the said city court when so directed by the judge of said city court. Sheriff city court. Oath of office. Bond. Deputies. General provision as to duties, etc., clerk and sheriff. Judge may appoint person to execute process. Sheriff of county may execute process, etc. SEC. XIV. Be it further enacted, That in said city court the same rules of procedure, service, pleadings, and practice shall govern as, for the time being, obtain in the superior courts, except as otherwise provided in this Act; and whenever and in all cases where the rules of the superior courts cannot be made applicable on account of the difference in the constitution of said courts, then the said city court judge may make and promulgate rules to cover such cases. Suits for not over one hundred dollars principal, and all issues and proceedings where not over one hundred dollars in value is involved, may be returnable to the monthly sessions of said court and stand for trial at the first term. Ordinary suits brought to said monthly sessions shall be filed in the clerk's office of said court at least fifteen days before the term to which they are returnable, and the same shall be served ten days, at least, before the said term. All other causes and proceedings must be brought to the quarterly terms and stand for trial at the first or second term as similar causes would be tried in the superior courts. Pleadings, practice, etc., as in superior court. Judge may make rules. Civil jurisdiction at monthly terms. Filing of suits, etc. Trials, etc., at quarterly terms. SEC. XV. Be it further enacted, That the general laws of this State, with regard to the commencement of suits in the superior courts, defenses, sets-off, affidavits of illegality, arbitration, examinations of parties to suits or witnesses by interrogatories or under subp[oelig]na, including testimony de bene esse , witnesses and their attendance, continuances, or other matters of a judicial nature within the jurisdiction of said city court, shall be applicable to said court, unless otherwise provided in this Act. It shall be competent to make additional parties in suits or proceedings in said city court where it is necessary to determine the rights of interested persons, without reference to who are the original parties or what the nature of the proceedings. Parties may make defenses on all grounds, whether legal or equitable. General laws as to suits, defences, etc., made applicable. Additional parties. Legal or equitable defenses may be made. SEC. XVI. Be it further enacted, That the terms of said court shall be monthly and quarterly, the monthly terms to be held on the third Monday in each month, and the quarterly terms to be on the third Mondays in January, April, July, and October; provided , that the city court judge may from time to time change the times of holding said court; such change to be advertised one time in the newspaper where the sheriff's sales are published, such terms to be as near equidistant as convenience will admit. The term of such court shall last until the business is disposed of, and the judge may

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set cases for trial at convenient times, and the same may then be tried as of term, whether court has been held from day to day until said time or not. Terms. SEC. XVII. Be it further enacted, That in all civil cases the party cast in the suit shall pay over to the clerk of said city court a like sumexclusive of bailiff's feesas that now paid by parties when such suit is brought in the county courts of this State, which sums shall by the said clerk be paid over monthly to the judge of said city court in part payment of his salary, as before provided; and said clerk shall keep an account of all such amounts so received, and after the balance of said judge's annual salary is paid, the remainder, if any, shall be turned over to the treasurer of said county of Coffee to be placed with the general funds of said county. Costs. SEC. XVIII. Be it further enacted, That all judgments obtained in said court shall be a [Illegible Text] on all property of the defendant's throughout the State in the same manner as judgments of the superior courts are, and all executions issuing from said court shall be listed in the name of the judge and signed by the clerk and directed to the sheriff or his deputies of the city court of Coffee, and to all and singular the sheriffs or their deputies of the State of Georgia. Lien of judgments. Executions. SEC. XIX. Be it further enacted, That suits in said city court shall in all respects be conformable to the mode of proceedings in the superior court except as otherwise provided in this Act, but the process to writs shall be annexed by the clerk of said city court, be tested in the name of the judge thereof, and be directed to and be served by the sheriff of the city court of Coffee or his deputies thereof, or to the sheriff and his deputies of Coffee county. Processes, how tested and directed. SEC. XX. Be it further enacted, That all laws upon the subjects of attachments and garnishments as to any matter whatever in the superior courts of this State shall apply to said city court as if named with the superior court, so far as the nature of the city court and the provisions of this Act will admit. Attachments in said court, or returnable to said court, shall be directed to the sheriff or his deputies of the city court of Coffee, and to all and singular the sheriffs and constables of this State, and the judge of said city court, or any justice of the peace or notary public, may issue attachments returnable to said city court under the same laws that govern the issuing of attachments returnable to the superior courts. Attachments, garnishments, etc. SEC. XXI. Be it further enacted, That the judge of the said city court may exercise a summary jurisdiction by rule in case where the same is applicable, and may hear and determine all disputes between landlord and tenant, landlord and cropper, or master

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and servant arising out of such relations, being authorized to so mould his orders and judgments as to do complete justice, and to enforce the same by execution or attachment under the rules applicable to superior courts. In the discretion of such judge he may submit either the whole case or any question or questions of facts therein to a jury at any term of said court, without regard to value involved. Said judge shall have the same power and authority over court contracts as judges of the county courts. Rules. Disputes between landlord and tenant, etc. Questions of fact may be [Illegible Text] to a jury. Court contracts. SEC. XXII. Be it further enacted, That scire facias to make parties and revive judgments may be had as in the superior courts, such process running throughout the State. Scire facias. SEC. XXIII. Be it further enacted, That any process of said court to be served in any other county than Coffee shall be served by the same officers of the county of service as may serve superior court process, and parties out of the State may be served as in superior courts. Service of process in other counties, etc. SEC. XXIV. Be it further enacted, That all suits against joint obligors, joint promissors, copartners, or joint trespassers, in which any one or more resides in the county of Coffee, may be brought in said court within its jurisdiction, as already stated, under the same rules and regulations governing such cases in the superior courts mutatis mutandis as to copies, second originals, returns, and other matters connected with the suit. Suits against joint obligors, etc. SEC. XXV. Be it further enacted, That said city court shall be a court of record, with a seal, and the minutes, records, dockets, and files that are required to be kept in the superior court shall be kept in and for said city court and in the same manner, and shall be provided in the same manner as for the superior court. Minutes, seal, etc. SEC. XXVI. Be it further enacted, That all laws regulating the enforcing of judgments of the superior court, whether civil or criminal, shall apply to said city court, and the executions shall issue and be levied, and sales be had thereunder, under the same rules and laws regulating the same in the superior court, except that where the execution shall be for less than one hundred dollars, the sale under the levy of such execution may be advertised by posting written notices of the same in three or more public places in the county, for twenty days before the day of the sale. Enforcement of judgments. Executions, levy, sales, etc. SEC. XXVII. Be it further enacted, That the judge of said city court shall have the same power to enforce his orders, to preserve order, punish for contempt, and to enforce all his judgments, as is vested by law in the judges of the superior courts of this State. Contempts, etc. SEC. XXVIII. Be it further enacted, That all persons liable to serve as grand and petit jurors in the superior court of said county,

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shall be liable to serve as petit jurors in said city court, and it shall be the duty of the clerk of said city court to copy into a book 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 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 lists 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 the said persons, and deposit the same in a box, to be provided at public expense, and numbered one, until there shall be a ticket in said box bearing the name of each person on said lists. Petit jurors. Jury list. Jury box. SEC. XXIX. Be it further enacted, That during the session of said city court, at each term, in open court, the judge of said court, or the judge of the superior court when presiding in said court, shall draw from said box number one, sixteen 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 place them in another box, to be provided as above stated, and numbered two. These boxes shall be so constructed as to be kept under one seal and lock, and shall be kept sealed and shall not be opened by any person, except the judge of said city court, or the judge of the superior court when presiding in his place, for the purpose of drawing juries in open court, except in cases where, from failure to draw a jury at term time or from any other cause, it may be necessary to draw a jury in vacation. Should it become necessary to so draw a jury in vacation, the judge of said city court, or a judge of the superior court, may at any time fifteen 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 same manner above prescribed. The clerk shall keep said jury boxes, and the sheriff of said court shall keep the key. Drawing of jury, etc. SEC. XXX. The clerk shall make out a precept, containing the names of the persons drawn as above directed, and a summons for each juror, and deliver the same to the sheriff of said court 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 Jury summons.

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SEC. XXXI. Be it further enacted, That sixteen jurors shall be drawn, summoned, and empanelled. In all cases, civil and criminal, trial by a jury of twelve may be waived, and in that event the jury shall be selected as follows: In civil cases each side shall strike four, and in criminal cases the defendant shall strike five and the State three; eight shall constitute a jury. When a jury of eight shall have retired for the purpose of considering a case, the parties in any case may, by consent, agree to use the remaining eight jurors for the trial of such case, and this shall constitute a legal jury. If either party in a civil case, or the defendant in a criminal case, declines to waive trial by a jury of twelve, then in civil cases each side shall strike two from the panel of sixteen, and in criminal cases the defendant shall strike three and the State one from said panel. After a party has made one strike he shall be held to have waived trial by a jury of twelve and consented to a jury of eight. The sheriff of said court shall be entitled to a fee of three dollars for summoning the jurors for each term, the same to be paid in the same manner as the sheriff of the superior court is paid for similar services. The jurors, those drawn on the regular panel and likewise the talesmen, shall each be paid the sum of one dollar and a half for each day of actual attendance at said court. Same to be paid under the same rules governing the payment of suparior court jurors, and city court jury script shall stand on the same footing in every respect as superior court jury script. Sixteen jurors to be drawn, etc. Strikes, etc. Sheriff's fee for summoning jury. Pay of jurors. SEC. XXXII. Be it further enacted, That incidenta expenses of the city court shall be paid in the same manner as such expenses of the superior court are paid. Incidental expenses of court. SEC. XXXIII. Be it further enacted, That witnesses in civil and criminal cases in the city court shall receive the same pay, from the same source, and in the same manner, as witnesses in the superior court. Pay of witnesses. SEC. XXXIV. Be it further enacted, That it shall be the duty of all committing courts in said county to bind over to said city court for trial, or to commit for trial by said city court, all persons committed or admitted to bail by them for misdemeanors, and all persons charged with such offenses in said county may be brought directly before the judge of said city court for trial without any previous committing trial. Whenever any person is committed to jail in said county for an offense within the jurisdiction of said city court, it shall be the duty of the jailer to communicate that fact to the judge of said court as soon as practicable, and it shall be the duty of the judge, on receiving such information in any manner, to grant as speedy a trial as the circumstances of the [Illegible Text] will permit. Committing courts to bind over to city court, etc.

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SEC. XXXV. Be it further enacted, That all criminal trials in said court shall be by the judge and without a jury, and without indictment by the grand jury, except when the accused shall, in writing, demand one or both of them. A plea to the accusation by the accused shall be a waiver of both, and he shall not thereafter have the right to recall such waiver. When indictment by the grand jury is demanded, it shall be the duty of the judge of said city court to commit or bind over the accused for trial by the superior court. When indictment is waived, but a trial by jury is demanded, if at a special session of the court, the case shall be continued to the next regular term of the court, and shall then stand for trial as other jury cases. When, on investigation of a case on accusation, the same appears to be a felony, the trial shall be suspended and the defendant committed or bound over to the next superior court, as in preliminary examinations. Criminal trials, etc. SEC. XXXVI. Be it further enacted, That the judge of the superior court of said county shall, by order, transmit to said city court for trial all presentments and bills of indictment found by the grand jury for offenses within the jurisdiction of said city court; the order so transmitting such cases to be entered on the minutes of both courts. All bonds returnable to the superior court shall follow the case to the city court when so transferred, and the defendant shall in such case be bound to appear in said city court at its first monthly sitting after such bill is transferred; in like manner the judge of the superior court of said county may by order transmit to said county court all civil cases standing for trial upon the docket of the superior court of said county, and which are embraced within the jurisdiction of said city court, which he may deem proper; provided , the parties to said cases agree that the same be transmitted from the superior court to said city court. Indictments, etc., to be transferred to city court. Civil cases may be transferred by consent. SEC. XXXVII. Be it further enacted, That all other criminal cases tried in said city court, whether at a regular or special session, shall be upon written accusation. Such accusation shall set forth plainly the offense charged, and shall couform, as to all matters of substance, with the rules of criminal pleading which prevail in the superior courts. It shall be signed by the solicitor or other attorney representing the State, and have indorsed thereon the name of the prosecutor. Accusations. SEC. XXXVIII. Be it further enacted, That the judge of said city court shall have power to grant new trials in all cases, both civil and criminal, tried in said court, under the same rules and regulations which govern motions for new trials in the superior court, so far as applicable. Upon the new trial of a case either

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party in a civil case, or defendant in a criminal case, shall have the right to demand a jury trial without regard to whether or not preceding trial of the case was with or without a jury. New trials. SEC. XXXIX. Be it further enacted, That a writ of error shall be direct from the said city court to the Supreme Court upon bill of exceptions certified ten days from the adjournment of the court, under the same rules and regulations as govern the issue of writs of error and filing bills of exceptions in the superior courts of this State; provided, however , that within the discretion of the judge, further time may be, by order, granted for considering and passing upon such bills of exceptions. Writ of error direct to Supreme Court. SEC. XL. Be it further enacted, That all cases, criminal and civil, now pending and undisposed of, in the county court of Coffee county, shall be, and are, hereby transferred to said city court of Coffee, and the same shall be placed upon the proper dockets in said city court, and shall be tried and disposed of as other cases in said city court. All final and other processes now in the hands of the sheriff, bailiff, or other officers, which are returnable to the county court, shall be by them returned to the city court instead of said county court. The judge and other officers of the city court shall have power and authority to issue and enforce in the name of the said city court any and all processes in any case from the county court necessary to the final disposition of the same which, from any cause, have not been issued and enforced by the officers of the county court. All records, books, and papers disposed and of file in said county court shall be filed and deposited with the clerk of said city court. All fi. fas. and final processes, not satisfied, now in the hands of the bailiff of county court, shall be levied and enforced by the sheriff of said city court, and returns thereof made to the said city court. All unpaid orders for insolvent costs from the county court shall be transferred to said city court, and be entitled to share in the fines and forfeitures in said city court. Said city court shall have jurisdiction to hear and determine and finally dispose of all [Illegible Text] or other matters in litigation so transferred from said county court, although the amount in controversy may be below the ordinary jurisdiction of said city court elsewhere herein conferred. Undisposed of business of county court transferred to city court, etc. SEC. XLI. Be it further enacted, That the fees of the clerk of the said city court shall be as [Illegible Text]: For each criminal case tried on accusation, $6.00; for each criminal case tried on indictment or presentment handed down from the superior court, $3.00; for each commission to take testimony, 50 cents; for each subp[oelig]na, 15 cents; for filing declaration and docketing civil cases brought to quarterly term, one dollar; for recording judgment and proceedings of

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the same, one dollar; issuing and docketing fi. fas. , 50 cents; in civil cases, brought to the monthly term he shall receive, for filing and docketing case, 25 cents; issuing and docketing fi. fa. , 25 cents; for filing bill of exceptions to Supreme Court in any case, and sending up papers in same, $5.00. For other services required of him by order of the judge or rule of the court, the judge may, in his discretion, allow such compensation as he deems proper. Fees of clerk. SEC. XLII. Be it further enacted, That the sheriff's fees for service of papers in the city court, and for other services therein rendered, shall be the same as for similar service in the superior court, except that for serving any writ or exception in a case brought to a monthly term, except subp[oelig]nas and garnishments, $1.00; for each copy served, or for each levy, for serving garnishments or subp[oelig]nas in such cases, 50 cents for each garnishee. But in cases arising under section XXI, between landlord and tenant and croppers, and master and servants, the sheriff of said court shall charge as for similar services rendered in the superior courts of this State. For attending sessions of the city court, $2.00 per day, not to exceed thirty-six days per year; for going out of Coffee county, by order of the city court judge, after a defendant charged with a misdemeanor, necessary expenses, including jail and arresting fees paid to officers of other counties, such expenses to be paid out of the county treasury on the certificate of the city court judge and by order of the ordinary. For any other services not provided for, the judge of said city court, by order entered on the minutes of the court, may fix the amount of compensation. Fees of sheriff. SEC. XLIII. Be it further enacted, That all moneys arising in said city court from fines and forfeitures and convict hire shall be subject to the payment of the fees of the solicitor, sheriff, clerk, and other officers of the said city court in criminal cases, and shall also be subject to the payment of the fees of the officers of the superior court of said county in all cases sent down to said city court, from the superior court. At each regular term of said city court the judge thereof shall grant orders for the payment out of the funds aforesaid, of all accounts of the aforesaid officers, after such accounts shall have been approved as being correct, same to be paid pro rata according to the general laws governing such matters. Disposition of fines and forfeitures, etc. SEC. XLIV. Be it further enacted, That the sessions of said city court shall be held in the courthouse of the county of Coffee, or in such other place as the superior court of the county of Coffee may be authorized to hold its sessions; provided , that the judge of said city court, in his discretion, may hold any session of said court in any room in said courthouse. Sessions to be held where.

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SEC. XLV. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 16, 1895. COFFEE COUNTY, GENERAL COUNTY COURT LAW REPEALED AS TO. No. 148. An Act to repeal an Act entitled an Act to create a county court in each county in the State of Georgia, except certain counties therein mentioned, approved January the 19th, 1872, and all Acts amendatory thereof, so far as the same apply to the county of Coffee. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That the above recited Act, and all amendments thereof as now embodied in the Code of 1882, from section 279 to 317(e), inclusive, be, and the same are, hereby repealed so far as they apply to the county of Coffee, and the county court of the said county of Coffee is hereby abolished; provided, however , that this Act shall not go into effect until the passage of an Act to create a city court in and for the county of Coffee. Act of Jan. 19, 1872, and amendatory Acts repealed. So far as applicable to Coffee county. This Act not in effect until city court created. SEC. II. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 16, 1895. DEKALB COUNTY, CITY COURT OF, JURISDICTION LIMITED. No. 138. An Act to limit the jurisdiction of the city court of DeKalb in civil cases to amounts exceeding one hundred dollars. 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 jurisdiction of the city court of DeKalb in civil cases be limited to amounts exceeding one hundred dollars. Jurisdiction limited to cases involving over one hundred dollars. SEC. II. Be it further enacted, That all laws in conflict with this Act, in so far as they may apply to said city court be, and the same are, hereby repealed. Approved December 16, 1895.

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EFFINGHAM COUNTY, CLERK OF COUNTY COURT. No. 82. An Act to provide for the appointment of a clerk of the county court of Effingham county, to prescribe the fees of such clerk, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act, the judge of the county court of Effingham county, as established by the Act, of the General Assembly, approved December 11th, 1893, shall not be the clerk of his own court. Judge not to be clerk. SEC. II. Be it further enacted, That the said judge shall appoint a clerk of said court immediately after the passage of this Act, who shall hold his office at the pleasure of said judge and his successors in office, the power being hereby given to said judge and his successors in office to remove and appoint a clerk at any time in their discretion. Appointment and term of clerk. SEC. III. Be it further enacted, That said clerk shall receive as his compensation for his services the same fees as are allowed by law to the clerk of the superior court for similar services. Fees of clerk. 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 13, 1895. ELBERT COUNTY, CITY COURT OF, QUARTERLY TERMS CHANGED. No. 113. An Act to change the time for holding the regular quarterly terms of the city court of Elbert county so that the same shall commence on the second Monday in February, May, August, and November of each year after January the first, 1896, and to make the February term, 1896, the trial term for all cases that would otherwise stand for trial at the March term, 1896. SECTION I. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That from

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and after January the first, 1896, the regular quarterly terms of the city court of Elbert county shall convene on the second Mondays in February, May, August, and November of each year instead of the first Mondays in March, June, September, and December, as now provided by law. Quarterly terms to be held, when. SEC. II. Be it further enacted, That all cases pending in said court at the date of the approval of this Act, that would, but for the passage of this Act, stand for trial at the March term, 1896, shall stand in order for trial at the February term, 1896, of said court. Pending cases in order for trial at Feb. term, 1896. SEC. III. Be it further enacted, That all laws in conflict with this Act be, and the same are, hereby repealed. Approved December 13, 1895. EMANUEL COUNTY, COUNTY COURT OF ABOLISHED. No. 48. An Act to abolish the county court of Emanuel county, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act the county court of Emanuel county be, and the same is, hereby abolished. County court abolished. SEC. II. Be it further enacted by the authority aforesaid, That all cases now on the docket of said county court, both civil and criminal, be transferred to the superior court of Emanuel county, and all records and papers of said county court shall, after the passage of this Act, be turned over to the clerk of said superior court for [Illegible Text] keeping. Disposition of pending cases. Of records, etc., 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 December 4, 1895.

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GLYNN COUNTY, GENERAL COUNTY COURT LAW REPEALED SO FAR AS AFFECTS. No. 65. An Act to repeal an Act entitled an Act to create a county court in each county in the State of Georgia, except certain counties therein mentioned, approved January 19, 1872, and all Acts amendatory thereof, so far as the same applies to the county of Glynn. SECTION I. Be it enacted by the General Assembly of Georgia, That the above recited Act and all amendments thereof, as now embodied in the Code of 1882, from sections 279 to 317(e), inclusive, be, and the same are, hereby repealed so far as they apply to the county of Glynn, and the county court of said county of Glynn is hereby abolished; provided, however , that this Act shall not go into effect untill the passage of an Act to create a city court in the county of Glynn. Act of Jan. 19, 1872, and amendatory acts repealed. So far as they apply to Glynn county. SEC. II. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 9, 1895. GLYNN COUNTY, CITY COURT OF BRUNSWICK IN AND FOR, CREATED. No. 66. An Act to establish the city court of Brunswick, in for the county of Glynn; to define its jurisdiction and power; to provide for the appointment of a judge and other officers thereof; to define their powers and duties, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That the city court of Brunswick is hereby established and created with civil and criminal jurisdiction over the whole county of Glynn; this Act to take effect on the passage thereof. Jurisdiction over entire county. SEC. II. Be it further enacted, That said city court of Brunswick shall have jurisdiction to try and dispose of all civil cases of whatever nature, but in all suits brought in said court in sums of one hundred dollars or less, the plaintiff shall only receive justice court costs, except in those cases over which exclusive jurisdiction

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is vested in the superior courts by the Constitution and laws of the State of Georgia; always provided , that said city court of Brunswick shall not have power to correct errors in inferior jurisdiction by writ of certiorari , and said city court shall not have power to issue writs of mandamus or prohibition, or quo warranto , or to foreclose mortgages on real estate. Jurisdiction in civil cases. SEC. III. Be it further enacted, That said city court of Brunswick shall have jurisdiction to try and dispose of all criminal cases, when the offender is not subjected to loss of life or confinement in the penitentiary, committed in the county of Glynn. Jurisdiction of misdemeanors. SEC. IV. Be it further enacted, That there shall be a judge of said city court of Brunswick, who shall be appointed by the Governor, by and with the advice and consent of the Senate, whose term of office shall be four years, and all vacancies in the office of judge shall be filled by appointment of the Governor for the residue of the unexpired term, such appointment being subject to the approval of the Senate which may be then in session, or if the Senate be not in session at the time of such appointment, then subject to the approval of the Senate at its next session thereafter; the judge of said city court of Brunswick shall receive a salary of fifteen hundred dollars per annum, which shall not be increased or diminished during his term of office, except to apply to a subsequent term, and shall be paid monthly out of the treasury of the county of Glynn by the person or persons charged by the law with paying out of the money of Glynn county; provided , the term of the judge first appointed under this Act shall expire on January 1, 1900. Appointment and term of judge. Salary. Term of first judge SEC. V. Be it further enacted, That any person who shall be appointed judge of said city court must at the time of said appointment be at least twenty-seven years of age; he must also have been a resident of Glenn county at least four years immediately preceding his appointment, and he must also have been a practicing attorney at law at least five years before his appointment, and he shall, before entering upon the discharge of the duties of his office, take and subscribe the following oath: I solemnly swear that I will administer justice without respect to persons, and do equal right to the poor and the rich, and that I will faithfully and impartially discharge and perform all the duties which may be required of me as judge of the city court of Brunswick of this State according to the best of my ability and understanding, agreeably to the laws and Constitution of this State and the Constitution of the United States, so help me, God, and said oath shall immediately thereafter be forwarded to the Governor and filed in the executive department. Said judge may practice law in any other court except the court

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created by this Act; he shall have authority to issue criminal warrants, to dispossess tenants holding over and intruders, to issue distress warrants, and generally do all acts which the judges of the county courts of this State are authorized to do unless otherwise provided in this Act. Qualifications [Illegible Text] office of judge. Oath of office. May practice law. Power to issue warrants, etc. SEC. VI. Be it further enacted, That the soliciter-general of the Brunswick judicial circuit shall prosecute for all offenses cognizant before said city court of Brunswick, but in his absence from said court, the judge shall have power to appoint a solicitor pro tem. for said court who shall receive the same fees as are allowed by this Act to the solicitor-general in cases conducted by him. The fees of the solicitor-general in said city court shall be as follows: for every person prosecuted to trial or plea of guilty in a case which originates by accusation in said city court, $10.00; for every person brought before the court by indictment and prosecuted to trial or plea of guilty, $5.00; for every person prosecuted to trial or plea of guilty for a violation of the gambling laws of this State, $25,00; for representing the State in each case carried to the Supreme Court from said city court, $15,00; for all services for which this Act does not provide, he shall receive the same fees as are now allowed by law for similar services in the superior court. Solicitor-general to prosecute offenders. Solicitor pro tem. Fees of solicitor-general. SEC. VII. Be it further enacted, That there shall be a clerk of said court who shall be appointed by the judge thereof. Said clerk shall, before entering upon the duties of his office, take and subscribe an oath to faithfully and impartially discharge the duties thereof, which oath shall be entered on the book of minutes of said court; he shall also, before entering upon the duties of his office, execute a bond, with good security, in the sum of three thousand dollars, for the faithful discharge of the duties of his office; he shall hold his office during the term of four years, and he shall have power and authority to appoint a deputy clerk with all powers of said clerk. Clerk, his appointment and oath of office. Bond. Deputy clerk. SEC. VIII. Be it further enacted, That the sheriff of Glynn county shall be ex officio sheriff of the city court of Brunswick, and in his official connection with said court he shall be known as the sheriff of the city court of Brunswick. Before entering on the discharge of the duties of his office, he shall execute a bond, with good security, in the sum of five thousand dollars, for the faithful discharge of the duties of his offfice; he shall have power to appoint a deputy or deputies with the consent of said judge. All the duties and liabilities attached to the office of clerk of the superior court and to the office of sheriff shall be attached to the office of clerk of the city court of Brunswick and to the office of sheriff of

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the city court of Brunswick, respectively, and the judge of said city court of Brunswick is empowered to exercise the same authority over the said clerk and sheriff, and his deputy or deputies, as is exercised by the judges of the superior courts over the clerk of the superior courts and sheriffs of the counties in Georgia. Sheriff. Bond of. Deputies. Duties and liabilities of clerk and sheriff. SEC. IX. Be it further enacted, That the fees of the clerk and of the sheriff of said court shall be the same as are now or may hereafter be allowed by law to the clerk of the superior court and to the sheriff of the county, except in criminal cases, when no indictment is demanded or has been found, the clerk shall only receive three dollars; and for his attendance at the regular terms of said court the sheriff shall receive the same pay, to be paid in the manner as now allowed him for similar services in the superior court of Glynn county. Fees of clerk and sheriff. SEC. X. Be it further enacted, That the judge of said city court shall have power to issue writs of habeas corpus and to hear and dispose of the same in the same way and with the same power as judge of the superior court. Habeas corpus. SEC. XI. Be it further enacted, That the terms of said city court of Brunswick shall be held quarterly, beginning on the first Mondays in February, May, August, and November of every year. The judge of said court shall have power to hold said court in session, and adjourn from time to time; provided , that said court shall be finally adjourned at least five days before the next succeeding term. Terms of court. SEC. XII. Be it further enacted, That suits in said city court shall in all respects be conformable to the mode of poceedings in the superior court except as hereinafter provided, but the process to writs shall be annexed by the clerk of said city court, be tested in the name of the judge thereof, and be directed to and served by the sheriff of the city court of Brunswick or his deputies thereof. Process, test, direction and service of. SEC. XIII. Be it further enacted, That in all matters pertaining to service, pleading, and practice the laws governing the superior court, where not inconsistent with this Act, and unless otherwise specially provided by this Act, shall be applicable to said city court. Pleading, practice, etc., law governing superior court made applicable. SEC. XIV. Be it further enacted, That the judge of said city court shall have power and authority to hear and determine all civil cases of which the said court has jurisdiction, and give judgment and execution therein; provided, always , that either party in any cause shall be entitled to a trial by jury in said court upon entering a demand therefor by himself or his attorney, in writing, on or before the last day of the term of said court to which the cause is returnable, in all cases where such party is entitled to a trial by jury under the Constitution and laws of this State. Demand for jury trial.

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SEC. XV. Be it further enacted, That all judgments obtained in said court shall be a lien on all property belonging to the defendant or defendants throughout the State in the same manner as judgments of the superior courts are, but property exempt from levy and sale under the laws of this State shall be exempt from levy and sale under process from said court, and all executions issuing from said court shall be tested in the name of the judge and signed by the clerk and directed to the sheriff or his deputies of said city court of Brunswick, and to all and singular the sheriffs or their deputies of the State of Georgia. Lien of judgments. Executions SEC. XVI. Be it further enacted, That said court shall have jurisdiction of all claim cases where personal property is levied on under executions or other process from said court, and such claims shall be tried in the same manner as claims in the superior courts. Claims. SEC. XVII. Be it further enacted, That claims to real property levied on under execution or other process from said city court shall be returned to the superior court of the county where such real property is situated, and shall there proceed as other claims in the superior courts. Claims to realty returnable to superior court. SEC. XVIII. Be it further enacted, That all laws upon the subject of attachments and garnishments as to any matter whatever in the superior courts of this State shall apply to said city court as if named with the superior court, so far as the nature of the city court will admit. Attachments in said court, or returnable to said court, shall be directed to the sheriff, or his deputies, of the city court of Brunswick, and to all and singular the sheriffs and constables of this State; and the judge of said city court may, or any justice of the peace or notary public may, issue attachments returnable to said city court under the same laws that govern the issuing of attachments returnable to the superior courts. Attachments and garnishments. SEC. XIX. Be it further enacted, That garnishment proceedings in said city court shall be conformable to the laws of the State on the subject in the superior courts. Garnishment proceedings, etc. SEC. XX. Be it further enacted, That scire facias to make parties in any cause in said city court shall be had as in the superior court, but such scire facias shall run throughout the State and may be served by any sheriff or his deputy thereof. Scire facias. SEC. XXI. Be it further enacted, That the general laws of this State with regard to the commencement of suits in the superior courts, defenses, set-off, affidavits of illegality, arbitration, examinations of parties to suits or witnesses by interrogations or under subp[oelig]na, witnesses and their attendance, continuances or other matter of a judicial nature within the jurisdiction of said city court, shall be applicable to said city court. Commencement of suits, defenses, etc., controlled by law applicable to superior courts.

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SEC. XXII. Be it further enacted, That the judge of said city court shall have power to cause testimony to be taken and used de bene esse , and for the purpose of perpetuating testimony within his jurisdiction in all cases according to the general laws of this State, and the judge and all other officers of said city court shall have power, respectively, to administer all oaths pertaining to their office, as the judge and other officers of the superior court may in like cases do; and said judge shall also have power to attest deeds and other papers, and administer affidavits in all cases anywhere in this State in which, by existing laws, such papers may be attested and the affidavits administered by justices of the peace of this State; and the judge of said city court shall have all the power and authority throughout his jurisdiction of judges of the superior courts, except, where by law, exclusive power and authority are vested in the judges of the superior courts, and all laws relating to and governing judges of the superior courts shall apply to the judge of said city court, so far as the same may be applicable, except as herein provided. Testimony de bene esse, etc. Administration of oaths. Attestation of deeds, etc. General powers of judge. SEC. XXIII. Be it further enacted, That said city court of Brunswick shall be a court of record and shall have a [Illegible Text] and the minutes, records, order and other books and files that are required by law and rules to be kept for the superior court shall be kept in and for said city court and in the same manner; and all laws applicable to the duties of the clerk and sheriff in said superior court shall apply to them in said city court, except where they conflict with the provisions of this Act. Minutes, seal, etc. SEC. XXIV. Be it further enacted, That all laws regulating the enforcing of judgments of the superior court, whether civil or criminal, shall apply to said city court, and executions shall issue and be levied and sales be had thereunder under the same rules and laws regulating the same in the superior court. Enforcement of judgments. SEC. XXV. Be it further enacted, That the judge of said city court shall have the same power to enforce his orders, to preserve order, punish for contempt, and to enforce all his judgments as is vested by law in the judges of the superior courts of this State. [Illegible Text] etc. SEC. XXVI. Be it further enacted, That it shall be the duty of the clerk of said city court of Brunswick to prepare and file in his office a complete copy of the traverse jury list of the superior court of Glynn county, as provided from time to time for such superior court. From said copy so made traverse jurors in said city court shall be drawn in the following manner. The clerk of said city court of Brunswick shall write upon separate tickets the names of each traverse juror, and shall number the same and place the same

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in a box to be prepared for that purpose, from which shall be drawn all traverse jurors as now required by law in the superior courts. All laws with reference to the drawing of, selecting and summoning traverse and tales traverse jurors in the superior courts shall apply to said city court. All exemptions from jury duty now of force in the county of Glynn shall apply and be of effect in said city court. Jury list. Method of drawing and summoning jury. SEC. XXVII. Be it further enacted, That all laws in reference to the qualifications, relations, empaneling, fining, and challenging jurors now of force in this State, or hereafter to be enacted by the General Assembly regulating the same in the superior courts, shall apply to and be observed in said city court, except when inconsistent with the provisions of this Act. General law as to qualifications, empaneling, etc., of jurors, made applicable. SEC. XXVIII. Be it further enacted, That from said panel of twenty-four traverse jurors drawn and summoned by the provisions of this Act, the judge of said city court shall cause to be made up two juries, which shall be known and distinguished as juries number one and two, and all cases and issues to be tried by jury, civil or criminal, at that term of said city court shall be tried by one of these, or by a jury stricken from both, as hereinafter provided. In case from any cause said panel should be reduced below twenty-four, the judge of said court shall have power to fill it by causing talesmen to be summoned instanter. In criminal cases tried at a regular term of said court, the defendant shall be entitled to seven peremptory challenges and the State five; and in all civil cases the plaintiff and defendant shall be each entitled to six peremptory challenges, and all laws and rules, both civil and criminal, regulating the selection of juries in the superior courts shall apply to said city court, except where they are inconsistent with the terms of this Act. Two panels to be made up. Tales jurors. Challenges in criminal cases. In civil cases, etc. SEC. XXIX. Be it further enacted, That the judge of said court is authorized to appoint at each term of said court not exceeding two bailiffs as officers of said court. Bailiffs. SEC. XXX. Be it further enacted, That the defendants in criminal cases in said city court of Brunswick may be tried on written accusations setting forth plainly the offense charged, founded on affidavit made by the prosecutor; said affidavit shall be made before said judge, and said accusation shall be signed by the prosecutor and the prosecuting officer in said court. Upon such affidavit and accusation being made and signed and filed in the clerk's office of said court, it shall be the duty of the judge of said court to issue a warrant for the apprehension and arrest of the defendant, directed to the sheriff of said city court of Brunswick or his deputy, and to

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all and singular the sheriffs and constables of said State. Before the arraignment of the defendant the said judge shall inquire of him whether he demands an indictment, and the response of the defendant shall be indorsed on said accusation and signed by the prosecuting officer in said court. If the defendant demands indictment, the judge of said court shall, in the event of the inability of the defendant to furnish proper bail, which shall be required for his appearance to answer such indictment as may be found against him, conformable to the general law of bail in criminal cases, commit said defendant to the common jail of said county to await the action of the grand jury in such case. In the event a true bill is found or special presentment made in such case, and returned to said city court of Brunswick, all subsequent proceedings shall be in conformity with the laws regulating the trial of misdemeanors in the superior courts. If the defendant waives indictment the judge of said court shall inquire of him whether he demands a trial by jury, and the response of the defendant shall be indorsed on said accusation and signed by the prosecuting officer in said court. If the defendant demands a trial by jury, the judge of said court shall proceed with said cause, if at a regular term of said court, according to the rules and laws of the superior courts applicable to the trial of misdemeanors. If the defendant demands a trial by jury and the said court is not sitting at a regular term, the judge shall admit the defendant to bail to appear at the next regular term, or on the defendant's failure to give bond shall commit him to jail until the next regular term of said court. If the defendant waives trial by jury, then the said judge shall proceed to hear and determine such criminal cases conformably to the law governing the superior courts as the same may be applicable; provided, always , that a reasonable time may be granted to the State or the defendant to procure witnesses. Accusations in criminal cases. Warrants for defendants. Demand for indictment. Commitment. Subsequent proceedings. Demand for jury trial. Waiver of jury trial. SEC. XXXI. Be it further enacted, That the judge of the superior court may send down from the superior court of Glynn all presentments and bills of indictments for misdemeanors to said city court for trial, and all civil causes of which said city court has jurisdiction to try, which are now pending in Glynn superior court, the order so transmitting such cases to be entered on the minutes of both of said courts. Indictments, etc., may be transferred from superior to city court SEC. XXXII. Be it further enacted, That it shall be the duty of all the justices of the peace and notaries public of Glynn county to bind over to said city court all persons charged with offenses committed within the limits of Glynn county, over which said city court has jurisdiction to answer for said offenses. Magistrates to bind over to city court.

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SEC. XXXIII. Be it further enacted, That a writ of error shall be direct from the said city court to the Supreme Court of this State upon a bill of exceptions filed under the same rules and regulations as govern and control the issue of writs of error and filing of bills of exceptions in the superior courts of this State. Writ of error direct to supreme court. SEC. XXXIV. Be it further enacted, That in all cases in said court, the same powers and rights of parties as to the waiver in pleading or procedure, or other matters pertaining to the same, shall be allowed and upheld as are allowed and upheld by the laws and rules governing parties in the superior courts. Waivers in pleading, procedure, etc. SEC. XXXV. Be it further enacted, That all cases, civil and criminal, now pending and undisposed of in the county court of Glynn county, shall be, and are, hereby transferred to said city court, and the same shall be placed upon the proper docket in said city court, and shall be tried and disposed of as other cases in said city court. All final and other processes now in the hands of the sheriff, bailiffs, or other officers, which are made returnable to the county court, shall be by them returnable to said city court instead of said county court. The judge and other officers of said city court shall have power and authority to issue and enforce, in the name of said city court, any and all processes in any case from the county court necessary to the final disposition of the same, which from any cause have not been issued and enforced by the officers of the county court. All records, books, and papers disposed of and of file in said county court shall be filed and deposited with the clerk of said city court; that all fi. fas. and final processes not satisfied, now in the hands of the baliff of said city court, shall be levied and enforced by the sheriff of said city court and returns thereof made to said city court. Undisposed of business, etc., of county court transferred to city court, etc. SEC. XXXVI. Be it further enacted, That the judge of said city court shall have power to grant a new trial in any case, civil or criminal, in his court upon the same terms and conditions, and under the same laws and regulations, in every respect, governing the granting of new trials in the superior courts. All rules of pleading, practice, and procedure governing motions, rules nisi , and other proceedings in new trials in the superior courts shall apply to and govern the same in said city court. New trials. SEC. XXXVII. Be it further enacted, That all juries in said city court shall receive one dollar per day for their service 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. Pay of jurors. SEC. XXXVIII. Be it further enacted, That all suits against

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joint obligors, joint promissors, copartners, or joint trespassers, in which any one or more resides in the county of Glynn, may be brought in said court within its jurisdiction, as already stated, under the same rules and regulations governing such cases in the superior courts, mutatis mutandis , as to copies, second originals, returns, and other matters connected with the suit. Suits against joint obligors, etc. SEC. XXXIX. Be it further enacted, That all rules of the superior court relating to continuances, motions, pleas, and practice shall be applicable to said city court and shall obtain therein. Continuances, motions, etc. SEC. XL. Be it further enacted, That the solicitor of said court shall for his services in the Supreme Court be paid out of the treasury of the State, by warrant drawn by the Governor upon certificate of the clerk of the Supreme Court as to the performance of such services, and the certificate of the clerk of the city court of the insolvency or acquittal of defendant. Compensation of solicitor for services in supreme court. SEC. XLI. Be it further enacted, That the first term of said court to which a case is brought shall be the appearance or return term; the second shall be the trial or judgment term, and all the laws, rules, and practice in said court with reference to the terms thereof and to the continuances, pleadings, and trials of causes therein shall be the same as in the superior court, unless otherwise provided in this Act. Appearances and trial terms. SEC. XLII. Be it further enacted, That whenever the judge of said city court is from any cause disqualified from presiding, and the judge of the superior court cannot from any cause preside in said court, as provided for in the Constitution, then, upon consent of the parties, or upon their failure or refusal to agree, said cause shall be tried by a judge pro hac vice , selected in the same manner as now provided for in the superior courts. Disqualification of judge. SEC. XLIII. Be it further enacted, That on the first Monday of each month, or on any day previous to each first Monday he may deem proper to do so, the judge of said court shall distribute the fines and forfeitures arising from cases tried in said court. Said fines and forfeitures shall be distributed as follows: All bills for insolvent costs due the solicitor of said court, the sheriff, and the clerk shall be approved by the judge of said court and entered upon the minutes thereof, and shall be a lien upon all the fines and forfeitures raised in said city court superior to all other claims for insolvent costs; and when the judge distributes such fines and forfeitures, he shall pay the same to the solicitor of said court, the sheriff and the clerk pro rata on their bills for insolvent costs, for fees in cases in said city court; and when said bill of insolvent costs of the solicitor of said court, sheriff, and clerk are fully paid,

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the judge shall order the surplus paid to the person who by law acts as the treasurer of Glynn county, which surplus shall be by him placed to the credit of the fine and forfeiture fund of said county and distributed as now provided by law. In cases tried in said city court, which have been transferred from the superior court, the solicitor-general and clerk of the superior court and the sheriff shall have the right to share pro rata in all fines and forfeitures arising from said transferred cases before any surplus is paid into the county treasury; provided, always , that in all cases in which the justice of the peace or notary public and ex officio justice of the peace has bound over any offender to said court or to the superior court, and the case is afterwards transferred to said city court, the justice of the peace or notary public and ex officio justice of the peace so binding over shall be entitled to share as to his costs in the particular case with the sheriff, clerk, and solicitor-general upon the same terms in any fine or forfeiture that may arise therefrom. Disposition of fines and forfeitures SEC. XLIV. Be it further enacted, That said court shall be held at the courthouse of Glynn county, and the board of commissioners of roads and revenues for the county of Glynn shall provide the necessary books for keeping the dockets, minutes, and records of said city court. Court to be held at county court house. County commissioners to provide books, etc. SEC. XLV. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 9, 1895. GWINNETT COUNTY, CITY COURT OF ESTABLISHED. No. 131. An Act to establish the city court of Gwinnett in and for the county of Gwinnett, to define its jurisdiction and powers; to provide for the appointment of a judge and other officers thereof; to define their powers and duties, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That a city court of Gwinnett is hereby established and created with civil and criminal jurisdiction over the whole county of Gwinnett, this Act to take effect on the passage thereof. Jurisdiction over entire county. SEC. II. Be it further enacted, That the jurisdiction of said city court shall extend in the county town district to all civil cases of

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contract or tort (save when exclusive jurisdiction is vested in the superior court), and over the remainder of the county of Gwinnett where the principal sum claimed is not less than $50.00. Civil jurisdiction. SEC. III. Be it further enacted, That said city court of Gwinnett shall have jurisdiction to try and dispose of all criminal cases when the offender is not subject to loss of life or confinement in the penitentiary, committed in the county of Gwinnett. Criminal jurisdiction. SEC. IV. Be it further enacted, That there shall be a judge of said city court of Gwinnett, who shall be appointed by the Governor, by and with the advice of the Senate, whose term of office shall be four years, and all vacancies in the office of judge shall be filled by the appointment of the Governor for the residue of the unexpired term, such appointment being subject to the approval of the Senate which may then be in session, or if the Senate be not in session at the time of such appointment, then subject to the approval of the Senate at its next session thereafter. The judge of said city court of Gwinnett shall receive a salary of $600.00 per annum, which shall not be increased or diminished during his term of office, except to apply to a subsequent term, and shall be paid monthly out of the treasury of the county of Gwinnett by the treasurer or person charged by law with paying out the moneys of Gwinnett county. Said judge may practice law in any court except his own. Appointment and term of judge. Vacancies. Salary of judge. Judge may practice law. SEC. V. Be it further enacted, That any person who shall be appointed judge of said city court must at the time of said appointment be at least twenty-five years of age. He must also have been a resident of Gwinnett county at least four years immediately preceding his appointment, and he must have been a practicing attorney at law at least five years before his appointment, and he shall, before entering upon the discharge of the duties of his office, take and subscribe the following oath: I solemnly swear that I will administer justice without respect to persons, and do equal rights to the poor and rich, and that I will faithfully and impartially discharge and perform all the duties which may be required of me as judge of the city court of Gwinnett, of this State, according to the best of my ability and understanding, agreeable to the laws and Constitution of this State and the Constitution of the United States, so help me, God. And said oath shall immediately thereafter be forwarded to the Governor and filed in the executive department. Said judge shall have authority to issue criminal warrants, warrants to disposses tenants holding over, and intruders, to administer oaths, attest deeds, to issue distress warrants, attachments, and generally to do all acts which the judge of the

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county courts of this State are authorized to do, unless otherwise provided in this Act. Qualifications for office of judge. Oath of office. Warrants. Attestation of deeds, etc. SEC. VI. Be it further enacted, That there shall be a county solicitor for said court, who shall be appointed by the Governor, by and with the advice of the Senate, whose term of office shall be four years, and all vacances in the office of county solicitor shall be filled by an appointment of the Governor for the residue of the unexpired term, such appointment being subject to the approval of the Senate which may then be in session, or if the Senate be not in session at the time of such appointment, then subject to the approval of the Senate at its next session thereafter. The said county solicitor at the time of his appointment must have attained to the age of 23 years and must have been a resident of Gwinnett county for at least four years immediately preceding his appointment, and he must have been a practicing attorney at law at least three years preceding his appointment. It shall be the duty of said county solicitor to represent the State in all cases in said city court in which the State shall be a party, and shall perform therein such other duties as usually appertained to the office of solicitor-general as far as the same are applicable. He shall receive for his services the same fees that are provided by law for similar services by solicitors-general. In the absence or inability of the county solicitor, the judge of said court shall have power to appoint a competent attorney as county solicitor pro tem. County solicitor, his appointment and term. Vacancies. Qualifications for office. Duties of. Fees of. Solicitor pro tem. SEC. VII. Be it further enacted, That the clerk of the superior court of Gwinnett county shall be ex officio clerk of the city court, and shall perform in said court the same duties that are by law required of him as an officer of the superior court so far as the same are applicable, and for his services shall receive the same compensation he is entitled to receive for similar services in the superior court. The sheriff of Gwinnett county and his deputies shall be ex officio officers of said city court, and shall perform in and for said city court all duties that are by law required of them as officers of the superior court, and shall receive for their services the same fees as they are entitled to receive for similar services in the superior court; provided, however , in civil suits when the principal sum sued for is $100.00 or less, said clerk and sheriff shall be entitled to receive for their respective services only justice court costs for similar services. And all officers of said city court shall be subject to the same penalties and amenable to the same processes and remedies as they are now by law subject and amenable to as officers of the superior court, and shall be entitled to employ the same remedies for the collection of their fees and costs in said cases as they are entitled to in the superior court. Clerk. Compensation of. Sheriff and deputies. Fees of. Laws as to superior court officers applicable to officers city court.

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SEC. VIII. Be it further enacted, That said city court, in the exercise of its civil jurisdiction as hereinafter defined, shall be governed by the same laws and shall have the powers as to pleadings, practice, modes of procedure, and as to the remedies in general, including all the modes of procuring the testimony of witnesses and the production of evidence, which prevail or appertain to the superior courts as the same now exists or as they may hereafter exist. General rules as to pleading, practice, etc. SEC. IX. Be it further enacted, That the judge of said city court shall have power to issue writs of habeas corpus and to hear and dispose of the same in the same way and with the same power as the judge of the superior courts. Habeas corpus. SEC. X. Be it further enacted, That the terms of the said city court of Gwinnett shall be held bi-monthly, beginning on the second Mondays in February, April, June, August, October, and December of every year. The judge shall have power to hold said court in session from day to day, or to adjourn the same over to such other time as in his discretion the exigencies of the business may require. The judge shall also have power to hold special sessions, as the exigencies may require, for the trial and disposition of criminal cases, first giving the prosecutor and defendant reasonable time to prepare for trial. Terms of court. Special sessions. SEC. XI. Be it further enacted, That suits in said court shall in all respects be conformable to the modes of procedure in the superior court, except as hereinafter provided, but the processes to writs shall be annexed by the clerk of said city court, to be tested in the name of the judge thereof and be directed to and served by the sheriff of the city court of Gwinnett or his deputies. Processes, test, direction and service of SEC. XII. Be it further enacted, That in all matters pertaining to service, pleading, and practice, the laws governing the superior court, when not inconsistent with this Act and unless otherwise specially provided for by this Act, shall be applicable to said city court. General laws as to pleading, practice, [Illegible Text], made applicable to. SEC. XIII. Be it further enacted, That the judge of said city court shall have power and authority to hear and determine all civil causes of which the said court has jurisdiction and give judgment and execution therein; provided, always , that either party in any case shall be entitled to a trial by jury in said case upon entering a demand therefor by himself or his attorney in writing on or before the call of the docket and by or before the first day of the term of said court to which the same is returnable. Demand for jury trial. SEC. XIV. Be it further enacted, That all judgments obtained in said court shall be a lien on all the property belonging to the

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defendant or defendants throughout the State in the same manner as judgments of the superior court are, but property exempt from levy and sale under the laws of this State shall be exempt from levy and sale under process from said court; and all executions issuing from said court shall be tested in the name of the judge and be signed by the clerk and directed to the sheriff or his deputy of the city court of Gwinnett, and to all and singular, the sheriffs or their deputies of the State of Georgia. Lien of judgments. Executions. SEC. XV. Be it further enacted, That said city court shall have jurisdiction of claim cases when personal property is levied on under execution or other process from said court and such claims shall be tried in the same manner as claims in the superior court. Claim cases. SEC. XVI. Be it further enacted, That claims to real property levied on under execution or other process from said city court shall be returnable to the superior court of the county where said real property is situated and shall there proceed as other claims in the superior court. Claims to realty returnable to superior court. SEC. XVII. Be it further enacted, That all laws upon the subject of attachment and garnishment as to any matter whatever in the superior courts of this State shall apply to said city court as if named with the superior court, so far as the nature of the city court will admit. Attachments in said court or returnable to said court shall be directed to the sheriff or his deputies of the city court of Gwinnett, and to all and singular the sheriffs and constables of this State, and the judges of said city court or any justice of the peace or notary public may issue attachment returnable to said city court under the same laws that govern the issuing of attachments returnable to the superior courts. Attachments and garnishments. SEC. XVIII. Be it further enacted, That garnishment proceedings in said city court shall be conformable to the laws of the State on the subject in the superior courts. General laws as to garnishments made applicable. SEC. XIX. Be it further enacted, That scire facias to make parties in any case in said city court shall be had as in the superior courts, but such scire facias shall run throughout the State and may be served by any sheriff or his deputies. Scire facias. SEC. XX. Be it further enacted, That the general laws of the State with regard to the commencement of suits in the superior courts, defenses, set-offs, affidavits or illegality, arbitration, examination of parties to suits of witnesses by interrogatories or under subpoena, witnesses and their attendance, continuances or other matters of a judicial nature within the jurisdiction of said city court, shall be applicable to said city court. Commencement of suits, defenses, illegalities, etc. SEC. XXI. Be it further enacted, That the judge of said city court

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shall have power to have testimony to be taken and used de bene esse and for the purpose of perpetuating testimony within his jurisdiction according to the general laws of this State, and the judge and all other officers of said city court shall have power, respectively, to administer all oaths pertaining to their 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 this State, in which by existing laws such papers may be attested and affidavits administered by justices of the peace of this State; and the judge of said city court shall have all the powers and authority throughout his jurisdiction of judges of the superior courts except where by law exclusive power and authority is vested in the judges of the superior courts; and all laws relating to and governing judges of the superior courts shall apply to the judges of said city court, so far as the same may be applicable, except as herein provided. Testimony de bene esse, etc. Administration of oaths. Attestation of deeds, etc SEC. XXII. Be it further enacted, That said city court shall be a court of record, shall have a seal, and the minutes, records, orders, and other books and files as are required by law and rules to be kept for the superior courts shall be kept in and for said city court in the same manner, and all laws applicable to the duties of the clerk and sheriff in the superior court shall apply to them in said city court, except where they conflict with the provisions of this Act. A court of record, seal, minutes, etc SEC. XXIII. Be it further enacted, That all laws relating to the enforcement of judgments in the superior courts, whether civil or criminal, shall apply to said city court, and executions shall issue and be levied and sale be had thereunder in the same way and manner as in the superior courts. Enforcement of judgments. SEC. XXIV. Be it further enacted, That the judge of said city court shall have the same power to enforce his orders, to preserve order, punish for contempt, and to enforce all his judgments as is vested by law in the judges of the superior courts of this State. Contempts, etc. SEC. XXV. Be it further enacted, That it shall be the duty of the clerk of said city court of Gwinnett to prepare and file in his office a complete copy of the traverse jury list of Gwinnett county, as provided from time to time for such superior courts. From said copy, so made, the judge of said city court shall select the traverse jurors whose names shall be entered on separate tickets and place the same in a box, prepared for that purpose, from which shall be drawn all traverse jurors who shall be summoned in like manner as in the superior courts. And all laws with reference

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to the drawing, selecting, and summoning traverse, tales jurors in the superior courts, not inconsistent with this Act, shall apply to said city court, except that a panel of jurors summoned shall consist of eighteen. Jury lists. Drawing, summonsing, etc., of jurors. SEC. XXVI. Be it further enacted, That from said panel of eighteen jurors the judge of said city court shall cause to be made up a jury of twelve persons for the trial of any jury case, civil or criminal. In case from any cause said panel should be reduced below eighteen, the judge of said city court shall have power to fill it up by causing talesmen to be summoned instanter. In criminal cases the defendant shall have four peremptory challenges and the State two, and in civil cases the plaintiff and the defendant shall each be entitled to three peremptory challenges. Trial jury. Talesmen. Challenges. SEC. XXVII. Be it further enacted, That the judge of said court is authorized to appoint at each term of said court not exceeding two bailiffs as officers of said court, if in his judgment the same is necessary, to be paid as bailiffs attending the sessions of the superior courts. Bailiffs. SEC. XXVIII. Be it further enacted, That the defendant in criminal cases, in said city court of Gwinnett, may be tried on written accusation setting forth plainly the offense charged, founded upon affidavit and signed by the county solicitor, with the name of the prosecutor indorsed thereon. Before the arraignment of the defendant the said judge shall inquire of him whether he demands indictment, and the response of the defendant shall be indorsed on said accusation and signed by the county solicitor. If the defendant demands indictment or stands mute, the judge of said court shall, in the event of the inability of the defendant to furnish proper bail for his appearance to answer such indictment as may be found against him, commit said defendant to the common jail of said county to await the action of the grand jury in such case. In the event a true bill is found or special presentment made in such case and returned to said city court of Gwinnett, all subsequent proceedings shall be in conformity with the law regulating the trial of misdemeanors in the superior courts so far as the same are applicable. If the defendant waives indictment, the judge of said court shall inquire of him whether he demands a trial by jury, and the response of defendant shall be indorsed on said accusation and signed by the county solicitor. If the defendant demands trial by jury or stands mute, the judge of said court shall proceed with said case, if at the regular term of said court, according to the rules and laws of the superior court applicable to the trials of misdemeanors. If the defendant demands a trial by jury, and said court is not sitting

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at the regular term, the judge shall admit the defendant to bail to appear at the next regular term, or on defendant's failure to give bond shall commit him to jail until the next regular term of said court. If the defendant waives trial by jury, then the said judge shall proceed to hear and determine such criminal case either in special session or term time as the case may be; provided, always , that a reasonable time may be granted the State or defendant to procure witnesses. Accusations in criminal cases. Demand for indictment. Demand for jury trial. Waiver of jury trial. SEC. XXIX. Be it further enacted, That the judge of the superior court may send down from the superior court of Gwinnett county all presentments and bills of indictment for misdemeanors to said city court for trial, the order so transmitting said cases to be entered on the minutes of both of said courts. Indictments, etc., may be transferred from superior court. SEC. XXX. Be it further enacted, That it shall be the duty of all the justices of the peace and notaries public of Gwinnett county to bind over to said city court all persons charged with offenses committed in Gwinnett county over which said city court has jurisdiction, to answer for said offense. Binding over for misdemeanors to be to city court. SEC. XXXI. Be it further enacted, That a writ of error shall be directed from said city court to the Supreme Court of this State, upon a bill of exceptions filed under the same rules and regulations as govern and control the issue of writs of error and filing of bills of exceptions in the superior courts of this State. Writs of error direct to supreme court. SEC. XXXII. Be it further enacted, That the judge of said city court shall have power to grant a new trial in any case, civil or criminal, in his court upon the same terms and conditions and under the same laws and regulations in every respect governing the granting of new trials in the superior courts. All rules of pleading, practice, and procedure governing motions, rules nisi and other proceedings in new trials in the superior courts shall apply to and govern the same in said city court. New trials. SEC. XXXIII. Be it further enacted, That all cases, civil and criminal, now pending and undisposed of in the county court of Gwinnett county shall be, and are, hereby transferred to said city court, and the same shall be placed upon the proper dockets in said city court and shall be tried and disposed of as other cases in said city court. All fines and processes now in the hands of the sheriff, bailiff, or other officers, which are returnable to the county court, shall be by them returned to the city court instead of said county court. The judge and other officers of said city court shall have power and authority to issue and enforce, in the name of said city court, any and all processes in any case from the county court necessary for a final disposition of the same. All records, books,

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and papers pertaining to or of file in said county court shall be of file and deposited with the clerk of said city court. All fi. fas. and final processes, not satisfied, shall be levied and enforced by the sheriff of said city court and returns thereof made to said city court. All unpaid orders for insolvent cost from the county court shall be transferred to said city court and be entitled to share in the fines and forfeitures in said city court. Transfer of business from county court. etc. SEC. XXXIV. Be it further enacted, That all jurors in said city court shall receive for their services and be paid in like manner the same amount as jurors are paid in the superior court of said county. Pay of jurors. SEC. XXXV. Be it further enacted, That all laws, rules and regulations pertaining to the superior courts relating to bringing suits, processes, service, continuance, motions, pleas, and practice shall be applicable to said city court and shall obtain therein. General laws as to suits, practice, etc., made applicable. SEC. XXXVI. Be it further enacted, That the first term of said court to which a case is brought shall be the appearance term; the second shall be the trial term, and all laws, rules, and practice in said city court with reference to continuances, pleadings and trial of causes therein shall be the same as in the superior courts, unless otherwise provided in this Act. Appearance and trial terms. SEC. XXXVII. Be it further enacted, That whenever the judge of said city court is from any cause disqualified from presiding, and the judge of the superior court cannot from any cause preside in said court as provided for in the Constitution, then, upon consent of the parties, or upon their failure or refusal to agree, said case shall be tried by a judge pro hac vice , selected in the same manner as is provided for in the superior courts. Disqualification of judge. SEC. XXXVIII. Be it further enacted, That all laws, rules, and regulations pertaining to the superior courts of this State shall apply to and obtain in said city court within its jurisdiction, as aforesaid, unless otherwise provided in this Act. Rules, etc., as to superior courts made applicable. SEC. XXXIX. 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 14, 1895.

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GWINNETT COUNTY, GENERAL COUNTY COURT LAW REPEALED AS TO. No. 132. An Act to repeal an Act entitled an Act to create a county court in each county of the State of Georgia, except certain counties therein mentioned, approved January 19th, 1872, and all Acts amendatory thereof so far as the same apply to the county of Gwinnett. SECTION I. Be it enacted by the General Assembly of Georgia, That the above recited Act and all amendments thereof, as now embodied in the Code of 1882, from sections 279 to 317(e), be, and the same are, hereby repealed so far as they apply to the county of Gwinnett, and the county court of said county is hereby abolished; provided, however , that this Act shall not go into effect until the passage of an Act to create the city court in and for the county of Gwinnett. Act of Jan. 19, 1872, and amendatory Acts repealed. This Act not to go into effect until city court created. 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 14, 1895. RICHMOND COUNTY, TERMS, CALL OF DOCKET, ETC, OF CITY COURT OF. No. 91. An Act to establish new terms and to regulate the practice of filing, returning, and trying new cases in the city court of Richmond county, to amend the Act establishing said court, approved September 22d, 1881, and Acts amendatory 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 Acts above specified establishing the city court of Richmond county, approved September 22d, 1881, and Acts amendatory thereof, be, and the same are, hereby amended by adding thereto the following provisions: Act to Sept. 22, 1881, and amendatory Acts amended.

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1. That from and after the passage of this Act, the city court of Richmond county shall have six (6) terms each year. Six terms to be held each year. 2. That beginning with January, 1896, the regular terms of said court shall be held on the first Monday in January, March, May, July, September, and November of each year, and shall continue from day to day, and from time to time, as the judge in his discretion may determine, until the business of said court is disposed of. When to be held. 3. That the docket of cases brought to any of said terms of said court shall be called on the third Saturday of each of the months during which said terms begin, or at such other time after the third Saturday as the judge may by rule establish. Calling of appearance docket. 4. That all cases in which there has been personal service, if the defendant is a person, or if a corporation, personal service on the officer thereof, and in which no demurrer, plea, or other defense has been filed, on or before the call of the said docket, shall be considered in default, and in all such undefended cases the said court shall enter up judgment for the plaintiff against the defendant. Defaults. Judgments in undefended 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 December 13, 1895. SAVANNAH, CITY COURT OF, ELECTION AND TERMS OF CLERK AND SHERIFF, ETC. No. 25. An Act to fix the time for electing the clerk and sheriff of the city court of Savannah; to terminate the terms of those now in office; to prescribe the terms of those to be elected under this Act; to fix the date at which said terms shall begin; to provide for the filling of vacancies, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of same, That from and after the passage of this Act, the election for clerk and sheriff of the city court of Savannah shall take place at the first regular meeting of the mayor and aldermen of Savannah, to be held in December next preceding the expiration

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of the terms of said clerk and sheriff; the terms of the officers thus elected shall begin on the first day of January next succeeding said election, and extend for four years thereafter and until their successors are lawfully elected and qualified. When election for clerk and sheriff to be held. Terms of office. SEC. II. Be it further enacted by authority aforesaid, That the terms of the present incumbents of said offices, of clerk and sheriff shall expire on December 31st, 1895, and the present incumbents shall have no right or authority to hold their respective offices or to discharge any of the duties thereof after said December 31st, 1895. Terms of present incumbents to expire Dec. 31, 1895. SEC. III. Be it further enacted, That any vacancy in said offices of clerk and sheriff of the city court of Savannah, which shall occur at any time after the regular election hereinbefore provided for, must be filled by the mayor and alderman of Savannah at a regular meeting to be held within thirty days after said vacancy shall occur. Vacancies. SEC. IV. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved November 29, 1895.

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TITLE IV . LIQUORS. ACTS. Alpharetta, sale of domestic wines in vicinity of academy permitted. Coweta County, manufacture of liquors in prohibited. Elbert County, keeping liquors for illegal sale forbidden, etc. [Illegible Text] County, Act as to sale of liquors in amended. Milton County, sale of domestic wines in permitted. ALPHARETTA, SALE OF DOMESTIC WINES IN VICINITY OF ACADEMY PERMITTED. No. 201. An Act to amend an Act entitled an Act to prohibit the sale of intoxicating liquors within certain limits of the depot on the Atlanta and Richmond Air-Line Railroad at Duluth, in the county of Gwinnett, or within two miles of the male and female academy at Alpharetta, in the county of Milton, or within one mile of the center of the town of Chickasawhatchee, in Terrell county, or within one mile from the depot building in the town of Milner, on the Macon and Western Railroad, approved February 28th, 1874, by adding a proviso to section I. of said Act allowing the sale of domestic wines within certain limits herein described. SECTION I. Be it hereby enacted by the General Assembly of Georgia, That the above recited Act be, and the same is hereby amended by adding at the end of the first section of said Act the following proviso: provided, further , that this Act shall not be so construed as to prohibit the sale of domestic wines within two miles of the male and female academy at Alpharetta, in the county of Milton, under the existing law, so that said section, when amended, shall read as follows: That

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from and after the passage of this Act it shall not be lawful for any person or persons to sell or vend any intoxicating liquors, plantation bitters, or other intoxicating bitters sold under the name of patent medicines within the limits of two miles of the depot building on the Atlanta and Richmond Air-Line Railroad, in the town of Duluth, in the county of Gwinnett, or within two miles of the male or female academy at Alpharetta, in the county of Milton, or within one mile from the center of the town of Chickasawhatchee, in Terrell county, or within one mile of the depot building in the town of Milner, Pike county, on the Macon and Western Railroad; provided , that nothing in this Act shall be so construed as to affect the license now in force in said limits; provided , that this Act shall not be so construed as to prohibit the sale of domestic wines within two miles of the male or female academy at Alpharetta, in the county of Milton, under the existing law. Sec. 1 of Act of Feb. 28, 1874, amended. Sale of domestic wines in vicinity Alpharetta academy permitted. Section as amended. SEC. II. 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 16, 1895. COWETA COUNTY, MANUFACTURE OF LIQUORS IN PROHIBITED. No. 221. An Act to prohibit the manufacture of any kind of spirituous or intoxicating liquors, except domestic wines, in the county of Coweta, and to prescribe a penalty for the same. SECTION I. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That from and after the first day of July, 1896, it shall not be lawful for any person or persons to make or distill or manufacture any kind of spirituous or intoxicating liquors, except domestic wines, in the county of [Illegible Text] in said State. Manufacture of liquors except domestic wines, forbidden. SEC. II. Be it [Illegible Text] enacted by the authority aforesaid, That any person violating the provisions of this Act shall be punished as prescribed by section 4310 of the Code of Georgia. Penalty. SEC. III. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 16, 1895.

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ELBERT COUNTY, KEEPING LIQUORS FOR ILLEGAL SALE FORBIDDEN, ETC. No. 41. An Act to amend an Act entitled an Act to prohibit the sale of alcoholic, spirituous, or malt liquors, or intoxicating bitters, or intoxicating drugs of any kind in the county of Elbert, and for other purposes therein mentioned, approved December 24th, 1884, so as to make it unlawful to keep for illegal sale such liquors, bitters, and drugs, and to make such places where such liquors, bitters, and drugs are so kept a public nuisance, to provide a penalty therefor, and for other purposes. SECTION I. Be it enacted by the General Assembly of Georgia, That from and after the passage of this Act, an Act entitled an Act to prohibit the sale of alcoholic, spirituous, or malt liquors, or intoxicating bitters, or intoxicating drugs of any kind, in the county of Elbert, and for other purposes, approved December 24th, 1884, be, and the same is, amended as follows: It shall be unlawful for any person or persons to keep for unlawful sale, directly or indirectly, in the county of Elbert, said State, any alcoholic, spirituous, or malt liquors, or intoxicating bitters, or intoxicating drugs of any kind, in any quantity, and any person violating the provisions of this Act shall be deemed guilty of a misdemeanor, and upon conviction shall be punished as prescribed in section 4310 of the Code of Georgia. Act of Dec. 24, 1884, amended. Unlawful to keep iquors, etc., for illegal sale. Penalty. SEC. II. Be it further enacted by the authority aforesaid, That any place of business or private house in which any such spirituous or malt liquors, or intoxicating bitters, or intoxicating drugs are kept in any quantity for illegal sale, shall be deemed a public nuisance, and the dispenser, clerk, or keeper of any such public nuisance shall be deemed guilty of a misdemeanor, and upon conviction shall be punished as prescribed in section 4310 of the Code of Georgia. Place where such liquors, etc., kept a public nuisance. Penalty. SEC. III. Be it further enacted by the authority aforesaid, That upon information furnished upon the affidavit of any person that such public nuisance exists in said county of Elbert, and the house or place of business being described in such affidavit, it shall be the duty of any justice of the peace, judge of the city court, or county court with whom said affidavit may be filed, or the judge of the superior court upon like information through any general or special presentment or true bill from the grand jury of Elbert county, to issue a warrant, directed to the sheriffs,

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deputy sheriffs, constables, bailiffs, and marshals of said county, requiring them to make careful search of any such place or places described in such affidavit, true bill, or presentment, for any and all alcoholic, or spirituous, or malt liquors, or intoxicating bitters, or intoxicating drugs that may be kept therein, directing said officers to seize all such liquors, bitters, and drugs as may be found therein, and hold the same to be used as evidence against any such clerk, dispenser, or keeper of such nuisance; and said warrant shall direct and command the arrest of any and all clerks, dispensers, and keopers as may be found in such public nuisance or charged of violating this Act in such affidavit, true bill, or presentment. Proceeding to seize liquors, etc., and punish offender. SEC. IV. Be it further enacted by the authority aforesaid, That any such liquors, bitters, and drugs, and any implements connected with or found in such place or places of business as are contemplated in section 2d of this Act, shall be prima facie evidence against such clerk, dispenser, or keeper of such public nuisance, as may be found in charge of the business carried on therein, or charged of violating this Act in said affidavit, true bill, or presentment. Liquors, etc., so found evidence against keeper, etc., of such public nuisance. 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 2, 1895. HABERSHAM COUNTY, ACT AS TO SALE OF LIQUORS IN AMENDED. No. 222. An Act to amend an Act to prohibit the sale of intoxicating liquors within the county of Habersham, subject to a vote of the qualified voters of said county before being enforced, to provide a penalty for the violation of the same, and for other purposes, approved December 24th, 1884. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act sections one and two of an Act entitled an Act to prohibit the sale of intoxicating liquors within the county of Habersham, subject to a vote of the qualified voters of said county before being enforced, to provide a penalty for the violation of the same, and for other purposes, approved December 24th, 1884, section one be, and the same is, hereby amended by adding

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after the word whatever and before word shall, in the eighth line of said section one, as published in the Acts of 1884 and 1885, the words except domestic wines, so that said section shall read as follows: Be it enacted by the General Assembly of Georgia, That from and after the passage of this Act an election may be held, and annually thereafter until this Act is adopted, in the county of Habersham in this State, upon the written application of fifty resident freeholders of said county to the ordinary of said county, at which election the question of the prohibition of the sale of intoxicating, malt, or spirituous liquors, or any mixture of such liquor in any quantity whatever, except domestic wines, shall be submitted to the qualified voters of said county, and those favoring the passage of this Act shall have written or printed on their tickets the words for prohibition, and those opposed to the passage of this Act shall have written or printed on their tickets the words against prohibition; and section two be, and the same is, hereby amended by adding after the word liquor, and before the word in, in the twenty-first line of said section as published in the Acts of 1884 and 1885, the words except domestic wines, so that said section, when amended, shall read as follows: Be it further enacted by the authority aforesaid, That when the application as aforesaid shall be filed in the office of the ordinary of said county, it shall be the duty of said ordinary to order an election, which shall be on a day on which there is no other election, either Federal, State, county, or municipal, and give notice in one or more public gazettes of said county for thirty days before the time of such election; and such election shall be held and governed in the same manner as elections of members of the General Assembly, except that only two tally sheets and two lists of voters shall be kept. One tally sheet and one list of voters, together with the tickets, shall be sealed up and transmitted to the clerk of the superior court of said county, and the other tally sheet and list of voters shall be transmitted to the said ordinary, who shall carefully consolidate the same, and if a majority of the legal votes cast at such election be for prohibition, the said ordinary shall so declare it, order all the proceedings to be recorded, and give notice for thirty days of the result of such election, and that from and after the expiration of said thirty days this Act shall take effect, and it then shall be unlawful to sell or cause to be sold, in any quantity whatever any spirituous, malt, or intoxicating liquors, or any mixture of such liquors, except domestic wines, in the county of Habersham; and any

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person or person, directly or indirectly, violating the provisions of this Act shall be deemed guilty of a misdemeanor, and upon conviction thereof be punished as prescribed in section 4310 of the Code of Georgia of 1882; and if a majority of the legal votes cast at such election be against prohibition, the said ordinary shall so declare it and enter all the proceedings on the minutes, but need not publish the same. Sec. 1 of Act of Dec. 24, 1884, amended. Domestic wines excepted. Section as amended. Sec. 2 amended. Domestic wines may be sold. 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 16, 1895. MILTON COUNTY, SALE OF DOMESTIC WINES IN PERMITTED. No. 192. An Act to amend an Act entitled an Act to amend an Act, approved February 20th, 1874, entitled an Act to prevent the sale of spirituous liquors at Trion Factory, so as to extend the same to include certain other places and factories therein mentioned, approved March 3d, 1875, by adding a proviso, that said Act shall not be construed so as to prohibit the sale of domestic wine within certain limits herein mentioned. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That section II. of the above recited Act be, and the same is, hereby amended by adding at the end of said section the following proviso: provided further , that this Act shall not be so construed as to prohibit the sale of domestic wines in the county of Milton, under the exising general law, so that said section after being amended shall read as follows: Section II. Be it enacted by authority aforesaid, That any person who shall sell, barter, or exchange, or otherwise dispose of any spirituous or intoxicating liquors of any kind or name within the distance of three miles by straight line from any of said factories, churches, or places, in violation of this Act, shall be guilty of the offense of retailing spirituous liquors without license, and subject to the penalty now prescribed by existing law for such offenses; provided further , that this Act shall not be so construed as to prohibit the sale of domestic wines in the county of Milton under the existing general law. Sec. 2 of Act of Feb. 20, 1874, amended. Sale of domestic wines in Milton county permitted. Section as amended. SEC. II. 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 16, 1895.

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TITLE V . GAME AND FISH. ACTS. Appling County, hunting and fishing on lands of others forbidden. Berrien County, Act for protection of fish in repealed. Dade County, camp-hunting in, by non-residents, forbidden. Fannin County, protection of fish in waters of. Wayne County, law forbidding fishing on lands of another repealed. APPLING COUNTY, HUNTING AND FISHING ON LANDS OF OTHERS FORBIDDEN. No. 67. An Act to prohibit hunting with dogs and guns, and fishing on the lands of others in the county of Appling, in the State of Georgia, except by consent of the landowners or their agents, 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 dogs and guns for game, or to fish with nets or traps, or any other device for catching fish, except with hook and line, on the lands of others in the county of Appling, in the State of Georgia, without first having obtained the consent of the owner of the land or his agent. Hunting with guns and dogs. Or fishing with nets, etc., forbidden. Save by consent of owner of land. SEC. II. Be it further enacted by the authority aforesaid, That any person violating the provisions of this section shall be held guilty of a misdemeanor, and on conviction thereof shall be punished as prescribed in section 4310 of the Revised Code, and no one shall be allowed to prosecute the offender except the owner of the land or his agent. Penalty. Who may prosecute.

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SEC. III. It is 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 9, 1895. BERRIEN COUNTY, ACT FOR PROTECTION OF FISH IN REPEALED. No. 80. An Act to repeal an Act entitled an Act for the protection of fish in the waters of Berrien county, to fix penalties for the violation of same, and for other purposes, which Act was approved December 21st, 1893. 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 Dec. 21, 1893, 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, 1895. DADE COUNTY, CAMP-HUNTING IN, BY NON-RESIDENTS, FORBIDDEN. No. 126. An Act to prohibit any non-resident person, or persons, from camp-hunting in the county of Dade, 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 same, That from and after the passage of this Act it shall not be lawful for any non-resident person, or persons, to camp-hunt in the county of Dade. Camp-hunting by non-residents forbidden. SEC. II. Be it further enacted by the authority aforesaid, That any such non-resident person, or persons, violating the provisions of the above recited Act 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 14, 1895.

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FANNIN COUNTY, PROTECTION OF FISH IN WATERS OF. No. 10. An Act for the protection of fish in the waters of Fannin county, to fix penalties for violation of the same, and for other purposes. SECTION I. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act it shall not be lawful for any person to shoot, spear, gig, poison, kill with dynamite, catch with seines, or entrap with any device whatsoever, except with hook and line, any fish in any stream, lake, or pond in the county of Fannin for a period of five years from the passage of this Act. Fishing, except with hook and line, forbidden. For period of five years. SEC. II. Be it further enacted by authority aforesaid, That it shall not be lawful for any person to keep or maintain upon any stream upon his land, owned by himself or another, or to permit to remain in any stream upon or opposite to land owned by himself, any trap now placed in any stream, lake, or pond in the county of Fannin during said period. Keeping, etc., of fish traps forbidden. SEC. III. Be it further enacted by authority aforesaid, That for every violation of this Act the person offending shall be guilty of a misdemeanor, and upon conviction shall be punished by a fine of not less than five nor more than two hundred dollars; and upon failure to pay such fine shall be confined in the county jail for a period of not less than five nor more than sixty days. Penalty. 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 November 16, 1895. WAYNE COUNTY, LAW FORBIDDING FISHING ON LANDS OF ANOTHER IN, REPEALED. No. 26. An Act to amend an Act of the General Assembly of Georgia, approved October the 22d, 1887, by striking the word fishing from the first line of the title of said Act, and to repeal the second section of said Act, and for other purposes. SECTION I. Be it enacted by the General Assembly of Georgia, That the title of an Act of the General Assembly of the State of

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Georgia, approved October the 22d, 1887, be amended by striking the word fishing from the first line of the title of said Act. Fishing stricken from, etc. SEC. II. Be it further enacted by the authority aforesaid, That the second section of said Act of the General Assembly of Georgia, approved October the 22d, 1887, be, and the same is, hereby repealed, so that when said Act is so amended it will read as follows: Sec. 2 repealed. An Act to prohibit hunting on the lands of another in Wayne county, and for other purposes. Act as amended. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That it shall not be lawful for any person to hunt with dogs or firearms, or implements of any kind, on any lands in the county of Wayne without the consent of the owner of the lands or the persons having said lands in charge; provided, however , nothing in this Act shall be construed to prevent the owners or controllers of stock from looking after and caring for the same when said stock has estrayed on the lands of another. SEC. II. Be it further enacted, That for every violation of this Act the persons offending shall be guilty of a misdemeanor, and shall, upon conviction thereof, be punished as prescribed in section 4310 of the Code of Georgia; provided , the provisions of this Act will only apply to the lands that may be posted by the owners or controllers thereof. SEC. III. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved November 29, 1895.

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TITLE VI . DRAINAGE, OBSTRUCTION OF STREAMS, ETC. ACTS. Elbert County, removal of obstructions from streams in, drainage of lands, etc. Forsyth County, removal of obstructions from streams in. Hart County, removal of obstructions from streams in, drainage of lands, etc. Madison County, removal of obstructions from streams in, drainage of lands, etc. ELBERT COUNTY, REMOVAL OF OBSTRUCTIONS FROM STREAMS IN, DRAINAGE OF LANDS, ETC. No. 40. 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 Elbert county; to compel the owners of the lands through which such streams may flow to remove said obstructions, and to provide in what manner the same may be removed when such landowners neglect or refuse to move the same, and to provide compensation therefor; to provide for the drainage of 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 landowners through whose lands such drains or ditches shall be cut or extended, and for other purposes. SECTION I. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority aforesaid, That from and after the passage of this Act all landowners in Elbert county, Georgia, shall during the months of July and August in each and every year

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remove from the running streams of water on their respective lands all obstructions, including trash, trees, timber, rafts, and any other and all other obstructions, except dams erected for the purpose of running machinery, which are excepted from the operation of this Act. Land owners to remove obstructions from streams. SEC. II. Be it further enacted by the authority aforesaid, That should any landowner in said county of Elbert fail or refuse to remove the obstruction 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 landowner, after first giving such landowner so failing or refusing to comply with this Act ten days' notice of his intention to do so, to enter upon the lands of the owner so failing or refusing, and to remove such obstructions or have the same removed, and that the owner of such land shall be liable to pay to the party removing or having such obstructions 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. Failure of landowner, adjoining landowner may remove obstructions, etc. Lien for cost of. SEC. III. Be it further enacted by the authority aforesaid, That whenever a running stream is the dividing line between two landowners, 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 in the second section of this Act, to enter and remove or have removed such obstructions; and for one half of the labor and expense of doing so he shall be entitled to reasonable compensation, to be collected as provided in the second section of this Act. Where stream is dividing line between landowners. SEC. IV. Be it further enacted by the authority aforesaid, That whenever the owner of any land in said county of Elbert shall cut or dig any ditch or drain to the line of an adjoining landowner and it shall be necessary to extend such ditch or drain through the lands of such adjoining landowner to a proper outlet in order to drain his lands, and such adjoining landowner refuses to extend such ditch or drain or allow the same to be extended through his lands, then and in that event it shall be lawful for the party desiring to extend such ditches or drains to extend the same through the lands of such adjoining landowner to a proper ontlet at his own expense, and if the lands of such landowner shall be injured or decreased in value by reason of such ditches or drains, then the party so injured shall receive reasonable compensation from the party so draining for the injury done. In the event the parties cannot agree, the

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question of such injury shall be submitted to three disinterested freeholders, one to be selected by each of the parties, and the two thus selected shall select the third, and should either of the parties fail or refuse to select an arbitrator as above provided, then the other party may select two, and the two thus selected shall select the third, and they shall make an award upon the same rules and regulations as are now provided by law touching arbitrators and awards. Extending ditch or drain through land of another. Compensation for. Arbitration as to. SEC. V. Be it further enacted, 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 Elbert. This Act not applicable to county line streams. SEC. VI. Be it further enacted by the authority aforesaid, That all laws in conflict with this Act be, and the same are, hereby repealed. Approved December 2, 1895. FORSYTH COUNTY, REMOVAL OF OBSTRUCTIONS FROM STREAMS IN. No. 68. 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 Forsyth county, except such as form the line of said 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 landowners neglect or refuse to remove such obstructions, and to provide compensation therefor, 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, all landowners in Forsyth county, Georgia, shall during the months of July and August, in each and every year, remove from the running streams of waters upon their respective lands all obstructions, including trash, trees, timber, rafts, and any other obstructions, except dams erected for the purpose of running machinery, which are exempt from the operation of this Act. Landowners to remove obstructions. SEC. II. Be it further enacted, That should any landowner in

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said county of Forsyth 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 in that event it shall be lawful for any adjoining landowners, after first giving said landowners so failing or refusing to comply with this Act ten days' notice of his intention to do so, to enter upon the lands of the owner so failing or refusing, and to remove such obstructions or have the same removed, and that the owner of such land shall be liable to pay to the party removing or having such obstructions 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 labor liens are enforced under the laws; provided , it is shown that the work done will be of benefit to the party so refusing to do such work. Failure of landowner adjoining landowner may remove. Lien for cost of. SEC. III. Be it further enacted, That whenever a running stream is the dividing line between two landowners, and either of said landowners shall fail or refuse to join the other in removing the obstructions as provided for 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 dividing line between land owners. SEC. IV. Be it further enacted by the authority aforesaid, That the provisions of this Act requiring removal of obstructions from running streams, shall not apply to such streams as form the county lines of said county of Forsyth. Not applicable to streams which are county lines. SEC. V. 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 9, 1895.

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HART COUNTY, REMOVAL OF OBSTRUCTIONS FROM STREAMS IN, DRAINAGE OF LANDS, ETC. No. 8. 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 Hart county, Georgia; to compel the owners of the lands in said county, through which such streams may flow, to remove said obstructions, together with the timbers and brush growing on the banks of said streams, or provide in what manner the same may be removed when such landowners neglect or refuse to remove such obstructions and timbers, 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 damage which may be sustained by such landowners through whose lands such drains or ditches shall be cut or extended, and for other purposes. SECTION I. Be it enacted by the Legislature of Georgia, That from and after the passage of this Act, all landowners in Hart 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 operations of this Act. Landowners to remove obstructions SEC. II. Be it further enacted by the authority aforesaid, That should any landowner in said county of Hart 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 landowner, after first giving said landowner so failing or refusing to comply with this Act ten days' notice of his intention to do so, to enter upon the lands of the owner so failing or refusing, and to remove such obstructions, or have the same removed, and that the owner of such land shall be liable to pay to the party removing or having such obstructions 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. Failure of land owner, adjoining landowner may remove. Lien for cost of

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SEC. III. Be it further enacted by the authority aforesaid, That whenever a running stream is the dividing line between the landowners, and either of said owners shall fail or refuse to join the other in removing the obstructions as provided for 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 for in the second section of this Act. When stream dividing line between landowners. SEC. IV. Be it further enacted by the authority aforesaid, That whenever the owner of any land in said county of Hart shall cut or dig any ditch or drain to the line of an adjoining landowner, and it shall be necessary to extend such ditch or drain through the lands of such adjoining landowner, to a proper outlet in order to drain his lands, and such adjoining landowner refuses to extend such ditch or drain or allow the same to be extended through his lands, then and in that event it shall be lawful for the party desiring to extend such ditches and drains to extend the same through the lands of such adjoining landowner to a proper outlet at his own expense; and if the lands of such landowner shall be injured or decreased in value by reason of such ditch or drains, then the party so injured shall receive reasonable compensation from the party so draining for the injury done. In the event the parties cannot agree, the question of such injury shall be submitted to three disinterested freeholders, one to be selected by each of the parties, and the two thus selected shall select the third, and should either of the parties fail or refuse to select an arbitrator as above provided, then the other party may select two, and the two then selected shall select the third, and they shall make an award upon the same rules and regulations as are now provided by law touching arbitrations and awards; provided , that nothing in this section shall be construed as to give any person or persons the right or power to take or damage any private property till just and adequate compensation has first been paid or tendered. Extension of ditch or drain through land of another. Compensation for. Arbitration, 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 portion of such streams as form the boundary lines of said county of Hart. This Act not applicable to county line streams. 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 November 14, [Illegible Text].

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MADISON COUNTY, REMOVAL OF OBSTRUCTIONS FROM STREAMS IN, DRAINAGE OF LANDS, ETC. No. 204. 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 rivers, creeks, and other running streams in Madison county; to compel the owners of the lands in said Madison county through which said streams may flow to remove said obstructions, and provide in what manner the same may be removed when such landowners neglect or refuse to remove such obstructions, and to provide compensation therefor; to provide for drainage of the lands in said county through which said streams flow and for extension of drains or ditches through the lands of others; and to provide for payment of all damages which may be sustained by such landowners through whose lands such drains or ditches may be cut or extended, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act, all landowners in Madison county, Georgia, shall, during the months of July and August of each and every year, remove from running streams of water upon their respective lands all obstructions, including brush, trees, timber, rafts, and any other obstructions, except dams erected for the purpose of running machinery, which are excepted from operations of this Act. Landowners to remove obstructions. SEC. II. Be it further enacted by the authority aforesaid, That should any landowner in said county of Madison fail or refuse to remove the obstructions as provided in 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 landowner or owners, after first giving said landowner 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 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 upon all the property so refusing, to rank as and to be enforced as other laborer's liens are now enforced under the laws. Failure of landowner adjoining landowner may remove. Lien for cost of. SEC. III. Be it further enacted by the authority aforesaid, That whenever a running stream is dividing line between two

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landowners, 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 notice required in second section of this Act, to enter and remove or have removed such obstructions, and for half of which he shall be entitled to reasonable compensation, to be collected as provided in the second section of this Act. When stream dividing line between landowners. SEC. IV. Be it further enacted by the authority aforesaid, That whenever the owner of any land in said county of Madison shall cut or deepen any ditch or drain to the land of adjoining landowner, and it shall be necessary to extend such ditch or drains through the lands of such adjoining landowner to a proper outlet in order to drain his lands, and such adjoining landowner refuses to extend such ditch or drains, or allow the same to be extended through his lands, then, and in that event, it shall be lawful for the parties desiring to extend such ditches or drains to extend the same through the lands of such adjoining landowner to a proper outlet at his own expense; and if the lands of such landowner shall be injured or decreased in value by reason of such ditches or drains, then the party so injured shall receive reasonable compensation from party so draining for the injury done; in the event the parties cannot agree, the questions of such injury shall be submitted to three disinterested freeholders, one to be selected by each of the parties, and the two selected shall select the third, and should either of the parties refuse or fail to select an arbitrator as above provided, then the other party may select two, and the two thus selected shall select the third, and they shall make an award upon the same rules and regulations as are now provided by law touching arbitrators and awards; provided , that nothing in this section shall be construed as giving any person or persons the right or power to take or damage any private property till just and adequate compensation has first been paid. Extending ditch or drain through land of another. Compensation for. Arbitration. 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 Madison, except the portions of such streams which do not compose such county lines. This Act not applicable to county line streams. SEC. VI. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 16, 1895.

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TITLE VII . MISCELLANEOUS. ACTS. Bibb County, working of county convicts. Bryan County, road law for. Chatham County, condemnation of roads upon which tolls are charged. Columbia County, buying or selling seed cotton between August 15 and December 1 forbidden. Douglas County, pro rata State school fund to be paid to Douglasville College. Fannin County, county site changed to Blue Ridge. Glynn County, bonds to retire present indebtedness, etc. Liberty County, sellers of beef, etc., required to produce ears of animal killed, etc. Macon County, payment of insolvent costs to Clerk Superior Court. Pierce County, payment of clerks of election. Spalding County, payment to officers of court costs in misdemeanor cases. Washington, Act as to school bonds amended. Washington County, Act as to payment election managers and clerks amended. BIBB COUNTY, WORKING OF COUNTY CONVICTS. No. 11. An Act to require the road commissioners of Bibb county to work the convict force at such times and places, and in such manner, as they may be directed by the county board of commissioners of Bibb county, upon the public bridges, sewers, for the benefit of public roads, system of swamp drainage, canals, dams, open drains, ditches, and trunks, and other public works established by the county board of commissioners of Bibb county, and for other purposes. SECTION I. Be it enacted by the General Assembly, That the road commissioners of Bibb county, in addition to the working

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the public roads, shall work the convict forces used in working the public roads of Bibb county at such times and places, and in such manner, as they may be directed by the county board of commissioners of Bibb county, upon the public bridges, sewers, for the benefit of the public roads, system of swamp drainage, canals, dams, open drains, ditches, and trunks, and all other public works that have been or may hereafter be established by the county board of commissioners of Bibb county; provided , said road commissioners shall not be compelled under this Act to withdraw from the public road work of the county more than fifty per cent. of said convict force at any one time. Convicts to work upon public works established by county commissioners. Not more than half of force to be withdrawn from public roads. SEC. II. Be it further enacted by the authority aforesaid, That all laws or parts of laws in conflict herewith be, and the same are, hereby repealed. Approved November 18, [Illegible Text]. BRYAN COUNTY, ROAD LAW FOR. No. 171. An Act to establish a board of road commissioners and to provide for a system of public road-working; to levy and collect a tax for road purposes, and to authorize the payment of a commutation tax in lieu of road-working for the county of Bryan, 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 county of Bryan, a board of road commissioners to consist of one from each militia district in said county, to be chosen by the grand jury of the county at the spring term of the superior court of said county; and should said board have a vacancy from any cause, except said vacancy occur during the session of said board, the ordinary of the county shall fill same by appointment, and such appointee to hold the position of commissioner till the sitting of the next grand jury, at which time they shall either ratify or reappoint a commissioner to fill such vacancy. A majority of the board so appointed shall constitute a quorum for the transaction of business. Board of road commissioners. Selection of. Vacancies. Quorum. SEC. II. Be it further enacted by authority of the same, That said board of commissioners so appointed shall meet at least twice in each yearonce in the fall and once in the springto give attention

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to the road-working of said county. Said commissioners shall have full and exclusive control of the roads of said county, except the authority and power to pass upon the necessity of and the opening of new roads, which authority shall vest exclusively in the ordinary of said county under existing provisions of the Code of Georgia of 1882. The time of the meeting of said board shall be fixed by themselves as well as the manner of notifying the members thereof; the place of meeting of said board shall be at the county courthouse; the salaries of said commissioners shall be two dollars ($2.00) per day for each day's service, and for a fractional part of a day one dollar ($1.00). Number of board meetings. Board to control roads. Except as to opening new roads. Place and time of board meetings. Salaries of commissioners. SEC. III. Be it further enacted by the authority aforesaid, That it shall be the duty of said board, as soon after their appointment and organization as practicable, to meet and appoint for said county as many road-overseers as they may deem necessary to superintend the road-working thereof; provided , that said board shall not pay any overseer so appointed exceeding one dollar ($1.00) per day, and all such overseers shall be subject to removal by said board when they deem proper, and they shall be exempt from road duty by reason of being road-overseers. Road overseers. Pay of. Removal of. Exempt from road duty. SEC. IV. Be it further enacted by authority aforesaid, That all male inhabitants of the county of Bryan between the ages of eighteen and fifty years, who are not now exempt by the provisions of the Code of 1882, shall be subject to work on the public roads of said county, under the authority of said commissioners, for a period of five actual working-days in each year, at a time to be fixed by said commissioners. The road-overseers shall have all notices to road hands assigned to them of the time of road-working and the tools to be used by each hand; such notice shall be in writing and shall be served at least one day before the day of road-working; provided , that any road hand subject to road duty may, if he desires, be relieved and discharged from the duty of road-working upon the payment of twenty-five cents (.25) in advance to the road commissioners, or to some one by them designated to receive same, for each day's work upon the roads required of him, the money so paid to the commissioners to be used in employing other labor upon the roads in the same district; provided, however , that should the commissioners in their judgment deem it best to apportion any part of the road to any hand or squad of hands, they may do so. Who subject to road duty. Notices to road hands. Commutation. Apportionment of work. SEC. V. Be it further enacted by the authority aforesaid, That should any road hand fail or refuse to work the roads when lawfully notified to do so by the road-overseers as hereinbefore provided

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for, and having no lawful excuse, shall be subject to a fine of fifty cents (.50) for each day's absence from duty, and fifty cents (.50) fine for each fractional part of a day's absence from duty and when said fine is imposed, if not promptly paid, the delinquent shall be imprisoned in the common jail of said county for a period of not exceeding five days. Said defaulting road hand shall be, in addition to said fine, subject to pay all cost that may be incurred by reason of said default. Failure to work. SEC. VI. Be it further enacted by the authority aforesaid, That said commissioners shall make an annual report to the grand jury of said county at the spring term thereof of all of the actings and doings for the year last passed. In this report they shall arrange an alphabetical list, by districts, of all road hands and all money paid in as a commutation tax, as well as all funds raised for road purposes from other sources, how such funds have been disbursed, and shall be required to furnish to the grand jury any and all other information which may be by said grand jury required. Report of road commissioners. SEC. VII. Be it further enacted by authority aforesaid, That the tax-collector of said county of Bryan shall each year collect, from each and every taxpayer of said county, a tax equal to eight per cent. on the amount of taxes paid by such person or persons for State and county purposes for that year (except poll, profession, and special taxes), and shall keep a separate account, by districts, of said tax so collected. This account shall show the amount collected, and from whom; provided , should a taxpayer live in an incorporated town, the ordinaries of which impose upon its inhabitants the burden of road-working or tax for the same, shall not be subject to the provisions of this Act. All property owned by such citizens lying without said corporation shall, however, be subject to the tax imposed. The compensation of tax-collector for collection of this tax shall be the same commissions now allowed for collections of county taxes, and should any default occur, he shall be subject to all the penalties now imposed by existing laws for defaulting tax-collectors. Road tax. Compensation for collecting. Default in payment of tax. SEC. VIII. Be it further enacted, That on the first day of January of each year the tax-collector shall turn over to the county treasurer all taxes so collected under the provisions of this Act. Tax collected to be turned over to county treasurer. SEC. IX. Be it further enacted, That the county treasurer shall keep a separate account, by districts, of all funds coming into his hands from this source, and he shall, if necessary, be required to receipt for and keep a separate account of all commutation tax arising under this Act. Said treasurer shall safely keep and truly account for all such funds, receiving as compensation for receiving

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and disbursing said funds two and a half per cent. (2%), this to cover all of said commissions from said fund. Account to be kept by county treasurer, etc. Compensation of treasurer. SEC. X. Be it further enacted, That said commissioners are authorized to draw their warrants on the county treasurer for all books and stationery which may be necessary to properly keep and record all of the acts and doings of said commissioners and overseers. The county treasurer is required to make a report to said commissioners, as often as they may require, of the funds in his hands for road purposes and from what district they arose. Books, etc., of road commissioners to be furnished by county. Reports by county treasurer to board. SEC. XI. Be it further enacted, That said commissioners shall have all the powers and jurisdictions and be subject to the same penalties as are contained in section 597 to 666 of the Code of Georgia of 1882 inclusive, except as is expressly excepted in section 2 of this Act. Powers and jurisdiction of board of road commissioners. SEC. XII. Be it further enacted by the authority aforesaid, That all road funds, from whatever source arising, shall be applied to the working of the road of the districts from which they come. The road overseers under the direction of the commissioners may superintend the road-working in any part of the county, and may be at the discretion of the commissioners interchanged and exchanged upon the work. Use of road funds. Interchange, etc. of road overseers. SEC. XIII. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 16, 1895. CHATHAM COUNTY, CONDEMNATION OF ROADS UPON WHICH TOLLS ARE CHARGED. No. 83. An Act to authorize and empower the commissioners of roads and revenues of Chatham county to acquire by purchase or condemnation proceedings any road in said county owned by any private person or corporation upon which tolls are charged. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That the commissioners of roads and revenues of Chatham county be, and the same are, hereby authorized and empowered to acquire by contract of purchase from the owners thereof any road in said county which is now owned by any private person or persons, or any private corporation upon which tolls are charged. The said commissioners shall have power to make such

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contract for the purchase of said roads, and to pay for the same out of county funds, such prices as in their judgment may be conducive to the public interest in order to change said toll roads into public roads of the county. County commissioners may condemn roads upon which tolls are charged. Contracts for, payment for, etc. SEC. II. Be it further enacted by the authority aforesaid, That the commissioners of roads and revenues of Chatham county, in any case in which they may not be able to agree with the owner or owners of any road in said county upon which tolls are charged for the purchase of the same by the county, then the said commissioners shall have power and authority, and the same is hereby conferred upon them, to condemn and take any such roads upon which tolls are charged as aforesaid, for the purpose of making the same public roads of the county in accordance with the Act of the General Assembly of this State entitled an Act to provide a uniform method of exercising the right of condemning, taking, or damaging private property, approved December 18, 1894. Failure to agree with owner. Procedure under Act of Dec. 18, 1894. SEC. III. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 13, 1895. COLUMBIA COUNTY, BUYING OR SELLING SEED COTTON BETWEEN AUGUST 15TH AND DECEMBER 1ST FORBIDDEN. No. 87. An Act to make penal the selling or buying of seed cotton in the county of Columbia, and for other purposes. The General Assembly of Georgia hereby enacts: SECTION I. It shall be unlawful and criminal to buy or sell seed cotton in the county of Columbia at any time between the 15th day of August and the 1st day of December of each and every year. Unlawful to buy or sell seed cotton between Aug. 15 to Dec. 1. SEC. II. For violation of the provisions of this Act the punishment shall be such as is prescribed in section 4310 of the Code; provided, however , that this Act shall not apply to judicial sales or sales under legal process. 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. Penalty. Approved December 13, 1895.

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DOUGLAS COUNTY, PRO RATA STATE SCHOOL FUND TO BE PAID TO DOUGLASVILLE COLLEGE. No. 97. An Act to provide for the application of all public school funds to the Douglasville college that is distributed to school children within the corporate limits of said town, 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 county school commissioner of the county of Douglas shall pay to the trustees of the Douglasville college all moneys which may hereafter be received by him for distribution as public school funds for all children within the free school age residing within the corporate limits of said town. Douglasville college to receive fund for children in town of Douglasville. 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 13, 1895. FANNIN COUNTY, COUNTY SITE CHANGED TO BLUE RIDGE. No. 90. An Act to change the county site of Fannin county, in the State of Georgia, from Morganton to Blue Ridge, in said county of Fannin, and for other purposes. Whereas, Heretofore, on the 19th day of June, 1895, a petition was filed with the ordinary of Fannin county, in the State of Georgia, signed by two-fifths of the poll taxpayers of said county of Fannin, as shown by the last tax digest made out for said county, asking for an election to be held in and for said county, for the purpose of changing and removing the county site of said county from the town of Morganton to the town of Blue Ridge, in said county; and Preamble. Whereas, On said 19th day of June, 1895, the ordinary of said county of Fannin, upon the due consideration of said petition so filed with him, did pass an order providing that an election should be held in the various militia districts of said county on the 13th

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day of August, 1895, for the purpose of changing and removing the county site of said county, as asked by petitioners, which said order was duly published in the Moryanton News , the newspaper in which the sheriff of said county publishes his legal notices, as provided by section 508(x) of the Code of 1882 of said State; and Whereas, On the said 13th day of August, 1895, said election was held in said county for the purpose of changing said county site in accordance with said order from said ordinary, and at said election so held two-thirds of the legal votes cast at said election were in favor of the removal of said county site from the town of Morganton to the town of Blue Ridge, in said county; Now, therefore, be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That the county site of said county of Fannin, in said State, be, and is, hereby removed from the town of Morganton to the town of Blue Ride, in said county of Fannin. County site removed from Morganton to Blue Ridge. SECTION II. Be it further enacted, That all laws conflicting with this Act be, and are, hereby repealed. Approved December 13, 1895. GLYNN COUNTY, BONDS TO RETIRE PRESENT INDEBTEDNESS, ETC. No. 1. An Act to authorize the board of commissioners of roads and revenues of the county of Glynn to issue coupon bonds of said county in a sum not exceeding sixty-nine thousand dollars, bearing interest at a rate not exceeding five per cent. per annum, for the purpose of refunding the present bonded indebtedness of said county, incurred prior to the Constitution of 1877; to provide for the levy and collection of a tax for the payment of said bonds and interest thereon, and for the establishment of a sinking fund and commissioners therefor; to provide the manner in which said bonds may be issued and paid off; to authorize the said board to settle and adjust the debts of said county, and for other purposes. Whereas, The county of Glynn is indebted in the sum of sixty-nine thousand dollars by bonds, the consideration of which was contracted for by, and passed to, said county prior to December 5th, 1877, and before the adoption of the Constitution of 1877 of this State; and Preamble.

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Whereas, None of the said indebtedness was incurred subsequently to the year 1876, or to the adoption of the said Constitution; and Whereas, Said indebtedness and bonds bear interest at the rate of seven per cent. per annum, and are redeemable at the option of the county on sixty days' notice; and Whereas, The said county can at this time borrow money at a lower rate of interest than that borne by said indebtedness and bonds, to wit: at a rate not exceeding five per cent. per annum, and it, therefore, is greatly to the interest of said county to refund said indebtedness with bonds bearing such lower rate of interest, therefore, be it, and it is, hereby enacted by the General Assembly of Georgia: SECTION I. That the board of commissioners of roads and revenues of the county of Glynn are hereby authorized to issue and sell coupon bonds of said county to an amount not exceeding sixty-nine thousand dollars, to be designated as refunding bonds, and to bear date of the day of the issue of the same, and to mature thirty years after date, and bear interest at not exceeding the rate of five per cent. per annum; said bonds to be of the denomination of one thousand dollars each, principal and interest to be payable in gold coin of the United States, and the said bonds to be prepared and signed by the said commissioners in such manner and form as they may deem best, with the corporate seal of the county affixed. The interest shall be paid semi-annually on said bonds on the first days of June and December of each and every succeeding year, at the office of the treasurer of said county, or at such other place or places as the said board of commissioners may direct, to be designated in said bonds, and the said board of commissioners shall keep a record of the numbers, description, and denomination of all of the bonds issued under this Act, and of all of the proceedings of said board of commisioners under this Act in a book to be kept by them for that purpose. The money realized from the sale of said bonds shall be paid directly to and received by the said commissioners of roads and revenues, and by them held and applied to the payment and settlement of the indebtedness of said county, as herein contemplated. Authority to issue and sell bonds. Amount, maturity, etc. Record to be kept as to. Disposition of proceeds. SEC. II. That the said coupon bonds herein authorized to be issued shall be sold, and the proceeds of their sale shall be used exclusively for paying and settling the principal and interest of the present bonded or any other legal indebtedness of the said county, incurred prior to the adoption of the Constitution of 1877; but no purchaser of the bonds issued under this Act shall be required

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to look to the application of the proceeds of the sale of the same, or be effected by any misfeasance or failure of duty in respect of the same by or on the part of any officer of said county. Proceeds to be used to pay what indebtedness. Purchaser not bound to look to application, etc. SEC. III. That the said bonds and coupons herein authorized to be issued, when due, shall be receivable for all taxes and other debts due to said county. Receivable for taxes and debts due county. SEC. IV. That to pay the interest which shall accrue on the bonds issued under the provision of this Act, and to provide a sinking fund for the ultimate payment and redemption of the said bonds, the said board of commissioners, or their successors, shall assess, levy, and collect annually during the full term of thirty years, or until the said bonds shall be paid off and discharged in full, such tax upon all the property, real and personal, in said county subject to taxation, in addition to that allowed by law for county purposes, as will suffice in amount to pay the said interest as it annually accrues; and to provide the sum of twenty-three hundred dollars for the said sinking fund, which tax shall be separately assessed, levied, and collected for the specific purpose herein designated, and shall be used for, or appropriated to, no other purpose whatever, and a special account shall be kept of the said special tax by the tax officers, and upon the tax books of said county, and the same shall be collectible and enforceable in the same manner as other taxes, and the tax-collector of said county shall, before the respective time herein provided for the payment of the interest on said bonds, turn over to the county treasurer a sufficiency of the money raised by such special tax to pay the accruing interest on the said bonds, and shall turn over the balance of the same each year, to wit, the sum of twenty-three hundred dollars, to the sinking fund commissioner herein provided for. Tax to pay interest and for sinking fund. SEC. V. That E. F. Coney, H. F. Dunwoody, and C. Downing are hereby nominated, constituted, and appointed a sinking fund commission to take charge of and manage the said sinking fund. The said E. F. Coney shall hold his office one year, the said H. F. Dunwoody shall hold his office two years, and the said C. Downing shall hold his office three years. At the expiration of each commissioner's term of office, his successor shall be chosen and elected for a term of three years, and thereafter the term of office of said sinking fund commissioners shall be three years each. Vacancy in said commission, whether caused by death, resignation, removal, expiration of the term for which a commissioner is chosen, or otherwise, shall be filled by the said board of commissioners of roads and revenues; provided , any sinking fund commissioner may be removed at any time by the grand jury of said county, for or without

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cause, at the pleasure of such jury; and provided further , the chairman of said board of commissioners of roads and revenues may, at any time when the grand jury is not in session, suspend any sinking fund commissioner, for cause, until the next meeting of the grand jury of the county. Sinking fund commission. Terms of office. Vacancies. Suspensions and removals from office. SEC. VI. That the money belonging to said sinking fund shall from time to time be invested by the said sinking fund commissioners in the purchase of the bonds of said county of Glynn, issued under this Act, and each of the bonds so purchased by the said sinking fund commissioners shall have plainly written and entered on the same, to be signed by the said sinking fund commissioners, the following, viz.: This bond is the property of the sinking fund commissioners of the county of Glynn, and has been so entered upon their books, and is not transferable; and under the instructions of the grand jury of said county all such bonds so purchased, and all others called in and paid, or otherwise redeemed and interest coupons paid, shall be destroyed from time to time by the said board of commissioners of roads and revenues, a complete and permanent record of the same being kept by both said sinking fund commissioners and commissioners of roads and revenues. In case the said sinking fund commissioners shall not be able to invest all the said sinking fund in the purchase of bonds issued under this Act, then the said commissioners are authorized and directed to deposit such sum not so invested in the savings department of some solvent bank or banks, such deposit to bear interest at not less than the rate of four per cent. per annum. Investment of sinking fund, etc. SEC. VII. That any holder of any bond or bonds issued under this Act may have the fact of his or her ownership of the same registered by the said board of commissioners of roads and revenues in the book in which a record of said bonds is required to be kept as aforesaid, a memorandum of such registry being made on the bond or bonds, and thereafter the bond or bonds of which he or she is such registered holder shall be transferable only by the indorsement of such registered holder; provided , if the last person in whose name any such bond is so registered, or any transferee by indorsement of him or her, shall transfer and assign the same to bearer, it shall again be transferable by manual delivery. Registration of bonds. SEC. VIII. That the full faith and credit of the county of Glynn are hereby pledged for the payment of the bonds and coupons issued under this Act, and the terms of this Act shall constitute an inviolable contract between the said county of Glynn and every purchaser and holder of any such bonds; and this Act shall be irrepealable until said bonds are fully paid off and discharged,

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and it shall not be subject to amendment or other change whereby the security or validity of the bonds shall be in any wise impaired. This Act an inviolable contract. SEC. IX. That if at the end of thirty years all of the bonds issued under this Act shall not have been fully paid off, as is contemplated by the scheme of this Act, all of the provisions thereof shall continue of force until such bonds as may remain unpaid shall be fully paid off and discharged. How long this Act to be of force. SEC. X. That all laws heretofore passed authorizing the issue of bonds by said county or any officers thereof (saving to the holders of any bonds already issued whatever rights they may now have), and all laws and parts of laws militating against the provisions of this Act be, and they are, hereby repealed. Former Acts as to issue of bonds repealed. SEC. XI. That this Act shall take effect immediately after the passage of the same. Approved November 15, 1895. LIBERTY COUNTY, SELLERS OF BEEF, ETC., REQUIRED TO PRODUCE EARS OF ANIMAL KILLED, ETC. No. 205. An Act to compel all persons who sell or offer to sell beef, pork, or mutton in the county of Liberty, in this State, to exhibit the ears of the animal killed and state the brand; to prescribe a penalty for the violation of the same, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act it shall be unlawful for any person to sell or offer to sell any beef, pork, or mutton in the county of Liberty, in this State, without exhibiting the ears of the animal killed and stating the brand of the same. Ears of animal killed to be produced, etc. SEC. II. Be it further enacted, That any person 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 December 16, 1895.

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MACON COUNTY, PAYMENT OF INSOLVENT COSTS TO CLERK SUPERIOR COURT. No. 108. An Act to authorize the payment of the clerk of the superior court of Macon county his insolvent costs in criminal cases transferred from the superior court to the county court of said county out of the fines and forfeitures and convict hire accruing in said county court, and to provide how such payment shall be made. SECTION I. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act, all insolvent costs accruing to the clerk of the superior court of Macon county, Georgia, in criminal cases transferred from the superior court to the county court of said county, shall be paid out of the funds arising from fines and forfeitures and convict hire in said county court. Payment of insolvent costs in transferred criminal cases. SEC. II. Be it further enacted, That all bills of insolvent cost accruing to said clerk in such transferred cases shall, before the same are paid, be approved and ordered paid by the judge of said county court, and upon approval and order of said county judge, the county treasurer of said county shall be, and is, hereby authorized and required to pay the same out of the funds specified in section I. of this Act. Approval of bills, 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 13, 1895. PIERCE COUNTY, PAYMENT OF CLERKS OF ELECTIONS. No. 84. An Act fixing the compensation to be paid persons employed as clerks in holding general elections at the precincts in the county of Pierce, requiring the ordinary to draw his warrants on the treasurer of said county 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

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same, That from and after the passage of this Act each person employed by the managers to act as clerk in holding a general election at the precincts [Illegible Text] Pierce county shall be paid out of the treasury of said county for their services as follows: Those serving as clerks at the county site shall each receive one dollar and fifty cents per day, and those serving as clerks at the other precincts shall each receive one dollar per day, and upon presentation of certificate from the managers employing said persons as clerks, stating the fact of employment and time of service, the ordinary of said county shall draw his warrant on he treasurer of said county in favor of each of such persons for the amount due them for said service, under the provisions of this Act. Clerks to be paid out of county treasury Rate of payment Certificate as to service, 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 December 13, 1895. SPALDING COUNTY, PAYMENT TO OFFICERS OF COURT OF COSTS IN MISDEMEANOR CASES. No. 81. An Act to require Spalding county to pay the officers of court the costs now allowed by law in each case convicted and worked in the chain-gang of said county. SECTION I. Be it enacted by the General Assembly of this State, and it is hereby enacted by authority of the same, That the county of Spalding shall pay to the officers of court prosecuting misdemeanor cases in said county to conviction, the amount of their costs now allowed by law in such cases, and such convicts as said county shall take and put to work on the chain-gang of said county. Costs to be paid in certain misdemeanor cases. SEC. II. Be it further enacted, That the officers of court in said county, upon conviction for misdemeanor of any person, shall make out a bill of costs in each case, and the same shall be presented to the judge of the court trying such case, who shall examine and approve the same, if correct, and such bill of costs, when so approved by the presiding judge, shall be presented to the treasurer of said county, who shall pay the same out of the general fund of said county or out of such particular

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funds of said county as the commissioners of roads and revenues of said county may direct; provided , that said officers shall not be dependent upon the fines and forfeitures of said court for the payment of said costs, the above to apply to misdemeanor convicts from both the superior and county courts; and when there is no provision for the payment of the fees of the superior court clerk he shall receive the fees from the treasurer now allowed him by law for the misdemeanor convicts sentenced from the superior court to said chain-gang. Presentation and approval bills, etc. Payment out of what fund Applicable to misdemeanor convicts both from superior and county courts. 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 13, 1895. WASHINGTON, ACT AS TO SCHOOL BONDS AMENDED. No. 50. An Act to amend an Act, approved December 4th, 1893, which authorizes the board of commissioners of the town of Washington, Georgia, to issue and sell bonds for the purpose of purchasing or building public school buildings; the amendment proposed being to substitute the words the mayor and council of Washington, Georgia, for the words board of commissioners of the town of Washington, Georgia, or board, wherever they occur in said Act. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted, That the Act approved December 4th, 1893, which authorizes the board of commissioners of the town of Washington, Georgia, to issue and sell bonds for the purpose of purchasing or building public school buildings, be, and the same is, hereby amended by striking out from said Act the words the board of commissioners of the town of Washington, Georgia, and the word board, wherever they occur in said Act, and inserting in lieu thereof the words the mayor and council of Washington, Georgia. Act of Dec. 4, 1893, amended. Mayor and council substituted for board of commissioners. SEC. II. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 4th, 1895.

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WASHINGTON COUNTY, ACT AS TO PAYMENT ELECTION MANAGERS AND CLERKS AMENDED. No. 22. An Act to amend section first of an Act entitled an Act to provide compensation for election managers and clerks at all general and special elections held in Washington county, approved Dec. 14th, 1884, by striking from the sixth and seventh lines of said section the words from any funds not received from taxation, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act section first of an Act to provide compensation for clerks and election managers in Washington county at general and special elections, approved December 14th, 1884, be amended by striking from the sixth and seventh lines of said section the words from any funds not received from taxation, so that said section, when amended, shall read as follows: Section I. The General Assembly of the State of Georgia do enact, That from and after the passage of this Act all managers and clerks at general and special elections shall receive the following compensation for their services at elections held at the county site of said county, two dollars per day, and elections held at the county precincts of said county, one dollar per day. Sec. I of Act of Dec. 14, 1884, amended. From what fund payment to be made. 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 November 27, 1895.

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Part IV.Private Laws . ACTS. North Georgia Agricultural College, relief granted as to the expiration of its charter, etc. Swatts, R. L., relieved for payment of forfeited bond. United Freewill Baptist Church, trustees authorized to sell certain land. NORTH GEORGIA AGRICULTURAL COLLEGE, RELIEF GRANTED AS TO EXPIRATION OF ITS CHARTER, ETC. No. 176. An Act for the relief of the North Georgia Agricultural College; to prevent the escheat of its property by reason of the expiration of its charter; to clothe it with all the powers and possess it of all the property and rights, and subject it to all debts and liabilities and burthens of the old corporations of the same name which is now revived. Whereas, By lapse of time the charter of the North Georgia Agricultural College was inadvertently allowed to expire; and Preamble. Whereas, By reason thereof some question has arisen as to whether the property, the title of which was vested in said college when said charter expired, became the property of the State by escheat; and Whereas, Said North Georgia Agricultural College has been reincorporated under the same name and style for the full period of twenty years; therefore, SECTION I. Be it enacted by the General Assembly of the State of Georgia, That the North Georgia Agricultural College be, and the same is, hereby vested with the title to all property held and owned and possessed by it at the time of the expiration of its charter; and said corporation, as revived, is hereby clothed with all the powers and possessed of all property and rights, and is made subject to all debts and liabilities and burthen of the old corporation. Vested with title to property owned at time of expiration of its charter. SEC. II. 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 16, 1895.

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SWATTS, R. L., RELIEVED FOR PAYMENT OF FORFEITED BOND. No. 21. An Act to relieve R. L. Swatts, of Pike county. Whereas, R. L. Swatts did become the surety and bail for one Calvin White to the superior court of Pike county to answer the offense of misdemeanor; and whereas, this bond which said R. L. Swatts was surety has been finally forfeited for the non-appearance of said Calvin White at said court, and a judgment and execution has been issued against said surety in the sum of one hundred and fifty dollars and costs; and whereas, since said judgment of forfeiture the said R. L. Swatts has arrested the said Calvin White and delivered him to the sheriff of Pike county, and the said Calvin White has been convicted for said offense and the penalty imposed by the court has been paid into the county treasurer; Preamble SECTION I. Be it therefore enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That the county commissioners of the county of Pike shall draw their warrant for seventy-five dollars, payable to the said R. L. Swatts, to reimburse him for the sum paid by said Swatts on said forfeiture of said bond aforesaid. Payment of $75.00 to be made to R. L. Swatts for amount paid by him on forfeited bond. SEC. II. Be it further enacted, That all laws and parts of laws in conflict with this Act are hereby repealed. Approved November 27, 1895. UNITED FREEWILL BAPTIST CHURCH, TRUSTEES AUTHORIZED TO SELL CERTAIN LAND. No. 206. An Act to authorize the trustees of the United Freewill Baptist Church, of Columbus, Georgia, to sell, and by proper deeds to convey to the purchasers title to certain lands held by them for church purposes in Columbus, Georgia, and for other purposes. Whereas, In pursuance of the power vested in them by law, the commissioners of commons of the city of Columbus, Georgia, did on the 21st day of November, 1887, set apart and grant to the trustees of the United Freewill Baptist Church, of Columbus, Georgia, to be by them held in trust so long as the same is held and used by them for church purposes, the following lands, to wit: All that parcel

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of the commons of the city of Columbus known and distinguished in the plan of said city commons as lot number eight (8) in block number thirty-two (32) lying and being south and west of the wagon road leading through the railroad culvert from Columbus to Wynnton, Georgia. Preamble. Whereas, The trustees, as well as the congregation of the United Freewill Baptist Church, desire to locate their church at a more eligible place, but need the proceeds of the sale of said land to complete their church, but cannot sell and dispose of the same without further authority; therefore, SECTION I. Be it enacted hy the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That the trustees of the United Freewill Baptist Church, of Columbus, Georgia, to whom said land has been conveyed to be used by them in trust for church purposes, be, and they are, hereby authorized and empowered, at public or private sale to the highest bidder, to dispose of and sell any or all of that portion of said lot number (8) eight, in block number (32) thirty-two, as designated in the survey of the commons of the city of Columbus, Georgia, which lies south and west of the public road leading from the culvert of the Central of Georgia Railway Company to the village of Wynnton, and to use the proceeds arising from the sale of said land only for the purchase of a site for their church, or for the building and erection of a church building or buildings, for fitting and furnishing a church building or buildings, and said trustees are authorized and empowered to use said proceeds for either, any, or all of said purposes, and any sum which may remain shall be used only for church purposes under the direction of the authorities of the United Freewill Baptist Church. Trustees authorized to sell certain land. Use of proceeds. SEC. II. Be it further enacted by the authority aforesaid, That a deed of conveyance to purchaser of any and all of said land executed and delivered by the trustees of the United Freewill Baptist Church of Columbus, Georgia, shall have the effect of divesting the title to said land and vesting the same in the purchaser or purchasers, free from the trust and use limited in the conveyance to them by the said commission of commons of the city of Columbus, Georgia. Deed to purchaser. SEC. III. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 16, 1895.

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Part V.Resolutions . Assistant Doorkeeper of Senate. Clerk Committee on Privileges and Elections. Committee (special) on Penitentiary. Committee on revision of Code. Committee (special investigating), expenses of. Coupons of Northeastern Railroad. Cotton States and International Exposition. Department of Commerce. Dry docks at Key West, Fla. Fish way at Augusta. Governor may borrow money. Historical publications of General Jas. D. McBride. Historical publications of General Jas. D. McBride. Mail of members of Legislature. Military fund of 1894, balance of. Payment to W. P. McClatchy. Payment to M. A. Hardin and Chas. A. Northen. Payment to John Faver. Pavement of streets adjoining grounds of Mansion. Per diem and mileage of Hon. Columbus Blair. Pension of George B. Whitaker. Pension of R. W. Knight and W. D. Massey. Pension of Thos. R. Daniel and William Bridges. Pension of John B. Sailors and William McGovern. Pension of R. I. G. Blake. Pension of W. C. Shore. Pension of Jeremiah Sanders. Portrait of Hon. N. J. Hammond. Portrait of Hon. Robert Toombs. Relief of Postal Telegraph and Cable Company. Relief of Electric Railway Company of Savannah. Relief of North Highlands Railroad Company. Relief of Brunswick State Bank. Relief of Brunswick Street Railroad Company. Relief of Collins Park and Belt Railroad Company. Relief of Brunswick Terminal Railroad Company. Relief of Willis Fields. Relief of J. M. Williams. Relief of J. D. Laing. Relief of J. S. McGahee. Repairs of Capitol and Executive Mansion. Revocation of grant to United States. Road from Atlanta to McPherson Barracks. Specimens of wood, minerals, etc. Union of Church and State. Unfinished business of Legislature. Western and Atlantic Railroad Commission. Western and Atlantic Railroad. Wall street, city of Atlanta.

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ASSISTANT DOORKEEPER OF SENATE. No. 23. A Resolution to provide for the payment of one additional assistant doorkeeper of the Senate for the session of 1895, and to make an appropriation therefor. Whereas, In pursuance and by authority of a resolution passed by the Senate at the opening of the present session, the doorkeeper of the Senate appointed an additional assistant doorkeeper for the session of 1895, and said assistant has, in good faith, been performing the duties of his office during the entire session; and Preamble. Whereas, In the opinion of the Senate, the appointment of said assistant doorkeeper was a necessity; therefore, be it Resolved by the General Assembly, That the sum of four dollars per diem be, and the same is, hereby appropriated for the payment of said assistant doorkeeper of the Senate for the session of 1895. Per diem of assistant doorkeeper of Senate. Approved December 16, 1895. CLERK OF COMMITTEE ON PRIVILEGES AND ELECTIONS. No. 34. Whereas, Under resolution No. 12, approved December 17th, 1894, empowering Committee on Privileges and Elections to sit during recess, and to be paid their per diem and mileage, did not provide for the payment of any clerical force; and Preamble. Whereas, It was a necessity for the said committee to have said clerk, and in the discharge of their duty as said committee did employ one, promising him to be paid the sum of sixty dollars ($60.00) when the General Assembly convened and made appropriation therefor; therefore, be it Resolved by the House, the Senate concurring, That the sum of sixty dollars ($60.00) be, and the same is, hereby appropriated for the purpose of paying the clerk of said Committee on Privileges and Elections. Appropriation. Approved December 16, 1895.

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COMMITTEE (SPECIAL) ON PENITENTIARY. No. 16. Whereas, There are now confined in the penitentiary of Georgia persons, an inquiry into the length and nature of whose sentence are important; and Preamble. Whereas, Such an inquiry, when properly conducted, will probably lead to the discovery of quite a number of cases which are the proper subjects to executive clemency; and Whereas, The best method of making such an inquiry is through a legislative committee; and Whereas, In order to accomplish the purpose, it is necessary to prolong the action of said committee beyond the present session of the General Assembly; therefore, be it Resolved by the Senate, the House concurring, That there shall be a joint committee, to consist of two from the Senate and three from the House, to be appointed by the President of the Senate and Speaker of the House, respectively, whose duty it shall be to make a thorough investigation into the records of the penitentiary of this State, noting cases where, from length of service, from the character of the offense, age of convict, or from other circumstances, there may exist reasons for executive clemency. That the said committee shall report the result of their investigation to the Governor of this State, with such suggestions and recommendations as they may deem appropriate and proper in each particular case. They shall carefully inquire into cases where their attention may be especially directed to them [Illegible Text] any person having an interest in the welfare of the convict. They are authorized to send for persons and papers, and to hold sittings subject to the call of the Governor, and to use any and all proper and available methods of arriving at a just estimate of each particular case which they may take up, or to which their attention may be directed. Authority and duty of committee. SEC. II. Be it further resolved, That the said committee shall have power to sit after the expiration of the present session, and at such times intervening between now and the next Legislature of this State as may be deemed advisable by the Governor, the places of such sittings to be determined by the committee. Committee meetings. SEC. III. Be it further resolved, That the members of said committee shall be paid the usual per diem as members of the Legislature and their expenses, the vouchers for the same to be made out and certified in the usual manner of the accounts of members of the Legislature; provided , that said committee shall only

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receive a per diem of four dollars and actual expenses while serving in the capacity of visiting said convict camps and performing services connected therewith, the vouchers for the same to be made out and certified to before the Governor, whereupon the Governor shall issue his warrant upon the Treasurer for the amount of each committeeman. Compensation of committee. Approved December 17, 1895. COMMITTEE ON REVISION OF CODE, PAYMENT OF. No. 22. A Resolution to pay the per diem and expenses of a joint committee of General Assembly, appointed at the session of 1894, to examine the work of the Code Commissioners; and, also, to compensate said committee for services to be rendered in the examination of said Code when completed and annotated. Whereas, Under a joint resolution of the Senate and House of Representatives, a committee of three from the Senate and five from the House was appointed to carefully examine the work of the commissioners appointed to codify the laws of Georgia, and report the result of their examination to this session of the General Assembly; and Preamble. Whereas, Said committee was engaged thirty-one days, during the interval between the last and present session, in the examination of said commissioners' work, and has fully discharged the duty assigned to it, and has submitted its report to the General Assembly; now, therefore, be it Per diem and expenses code committee. Resolved, That the members of said committee be allowed the usual per diem of four dollars for thirty-one days, and each, for their expenses, the sum of forty dollars, and said committee is allowed the further sum of twenty-five dollars for clerk hire and stenographic fees paid by the committee, to be paid out of any funds in the treasury not otherwise appropriated, and the Governor is hereby authorized to draw his warrant for the sums aforesaid. Resolved further, That said joint committee be, and they are, hereby retained to examine and approve the codification of the Acts of the present General Assembly, and the annotations to said Code when completed; and that the members of said joint committee shall receive the usual per diem of members of the General Assembly and the actual expenses, not to exceed forty dollars,

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incurred by them while actually engaged in such work, and the sum of seven hundred dollars, or so much thereof as may be necessary, is hereby appropriated for the purpose aforesaid, and the Governor is hereby authorized to draw his warrant for said sum. Additional services and expenses of said committee. Approved December 16, 1895. COMMITTEE (SPECIAL INVESTIGATING), EXPENSES OF. No. 37. Resolved by the House of Representatives of the State of Georgia, the Senate concurring, That the sum of one hundred dollars, or so much thereof as may be required, be, and the same is, hereby appropriated for the purpose of paying the expenses of the investigation by the committee appointed under the House resolution to investigate certain charges against this body, and that said amount be paid out of any funds in the treasury not otherwise appropriated. Appropriation to pay expenses of committee. Approved December 16, 1895. COUPONS OF NORTHEASTERN RAILROAD. No. 28. Whereas, That as there are certain coupons of the Northeastern Railroad, amounting in the aggregate to one thousand seven hundred and forty dollars, now due and overdue; and Preamble. Whereas, Said bonds bear the indorsement of the State of Georgia, and are valid and just claims against the State; therefore, Resolved by the House of Representatives, the Senate concurring, That the Governor of Georgia be, and he is, hereby requested to pay the said past due coupons out of the earnings of the Northeastern Railroad. Payment of coupons of Northeastern R. R. authorized. Approved December 16, 1895. COTTON STATES AND INTERNATIONAL EXPOSITION. No. 1. Whereas, The Cotton States and International Exposition is now fully opened and its various departments are in such shape as

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to invite the critical inspection of the most progressive minds of the times; and Preamble. Whereas, Said Exposition sets forth the wonderful advantages in material progress and development made in the South since the war, and the same embodies the spirit of the movement which is bound sooner or later to make our section of the United States one of the most prosperous and progressive in them; and Whereas, In an especial sense, to the people of Georgia, the Cotton States and International Exposition is much more than a mere local institution, and we have recognized the same by making a display thereat; and Whereas, The people of Georgia have a profound interest in displaying to the world all of the resources of our great State, and it is therefore the duty of ourselves, as representing those people, to take official action and notice of the same; and Whereas, There has been set apart the 19th day of November, 1895, to be known as Georgia Day, to be especially devoted to the State at large; therefore, be it Georgia day. Resolved by the House, the Senate concurring, That the Cotton States and International Exposition, and the spirit which it embodies, has our warmest support, concurrence, and help, and we, in behalf of the people of the State, do most heartily indorse and subscribe to any movement which looks to the upbuilding of our country. [Illegible Text] indorsed. SEC. II. Resolved further, That both Senate and House shall adjourn on this day and attend the exercises in a body. SEC. III. Resolved, That a joint committee of eight be appointed, three by the President of the Senate, and five by the Speaker of the House, whose duty it shall be to provide a programme for this day, and that said committee be directed to invite the mayors of the various cities and towns of the State, and the officers of public institutions, colleges, railroads, and military organizations to co-operate with them in securing the attendance of the people of the State at the Cotton States and International Exposition on Georgia Day. Exercises on Georgia day. Approved November 16, 1895.

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DEPARTMENT OF COMMERCE. No. 18. Whereas, Commerce is second only to agriculture in importance, and has yet not received that recognition from the Federal government which is its just due; and Preamble. Whereas, The public interest and general welfare demand that commerce should be recognized as a separate department of the government; be it therefore Resolved, first, That our Senators be, and are, hereby instructed, and our Representatives in Congress are hereby requested to use all honorable means to secure the recognition of commerce by the establishment of a department of the general government, to be known as the department of commerce, to be presided over by a cabinet officer, having equal power and dignity with other cabinet officers, and to be selected in the same manner. Congress requested to establish a department of commerce. Second. Be it further resolved, That full and ample powers be conferred upon this [Illegible Text] to properly regulate commerce as will best protect and promote the interest of commerce and the public. Third. Be it further resolved, That copies of these resolutions, duly certified by the Secretary of the Senate and the Clerk of the House, be forwarded to each of the Senators and Representatives in Congress, with the request that they lay the same before both houses of Congress at as early a day as practicable. Approved December 16, 1895. DRY DOCKS AT KEY WEST, FLORIDA. No. 8. Resolved by the House of Representatives, the Senate concurring, That the bill now pending in the National Congress providing for the establishment of a dry dock and repair station at Key West, in the State of Florida, has our hearty approval, and in view of its great importance, earnestly request its passage, Congress requested to establish dry docks at Key West, Fla. Approved December 10, [Illegible Text].

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FISH WAY AT AUGUSTA. No. 17. Resolved by the House of Representatives, the Senate concurring, That the State fish commissioner is hereby requested to periodically inspect the fish way in the dam at Augusta with a view of ascertaining whether it is adequate to effect the passage of migratory fish up the waters of the Savannah river, and in the event said fish commssioner at any time finds the fish way now in use inadequate, that he report the same to the Governor, and the Governor is authorized in that event to negotiate with the city authorities of Augusta with reference to the construction of additional fish way, and report the result of such negotiations to the next General Assembly. Duty of fish commissioner. Resolved further, That the said fish commissioner is further requested to report to the next General Assembly recommending such legislation as he may deem necessary to secure the free passage of fish up the Savannah river. Report of. Approved December 16, 1895. GOVERNOR MAY BORROW MONEY. No. 41. Resolved by the Senate, the House of Representatives concurring, That if it should become necessary at any time previous to the next meeting of the next General Assembly to supply casual deficiencies of revenue, to borrow money for the purpose of meeting said deficiencies, the Governor shall be, and he is, hereby authorized to borrow, on the best terms he can, a sum of money sufficient to supply said deficiencies, within the terms of the Constitution; and the money so borrowed shall be used for the purpose specified, and for no other. Governor authorized to borrow money. Approved December 16, 1895. HISTORICAL PUBLICATIONS BY GENERAL JAMES D. McBRIDE. No. 29. Resolved by the Senate, the House concurring, That the Governor of Georgia be, and he is, hereby authorized and directed to

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accept, in the name of the people of Georgia, from General James D. McBride, for preservation in the archives of the executive department, of one copy of his historical publications entitled, Important Periods in the History of the United States, The Portraits of the Presidents of the United States, and The Seal of the United States and Seals of the Executive, Judicial, and Legislative Departments of the Government. Accepting donations of historical works of Jas. D. McBride. Approved December 16, 1895. PUBLICATIONS OF GENERAL JAMES D. McBRIDE. No. 47. Whereas, General James D. McBride has presented to the State of Georgia valuable historical publications entitled Important Periods in the History of the United States, The Portraits of the President of the United States, and The Seal of the United States, and The Seals of The Executive, Judicial, and Legislative Departments of the Government; be it Preamble. Resolved by the House of Representatives, the Senate concurring, that the thanks of the General Assembly of the State of Georgia are hereby extended to General James D. McBride for his magnificent donation, free of cost to the State, of these most valuable historical publications. [Illegible Text] to State by Gen. Jas. D. McBride accepted. Approved December 16, 1895. MAIL OF MEMBERS OF LEGISLATURE. No. 33. Whereas, It is necessary to have the mail of the members of General Assembly properly delivered and forwarded to them after adjournment of the present General Assembly; therefore, be it Preamble. Resolved by the House, the Senate concurring, That the postmistress of the present House of Representatives be instructed to forward to each member of the General Assembly such mail as may come to them, and for this purpose she be allowed three (3) day's extra pay for this service, said pay to be audited by the auditing committee, and included in her pay-roll. Postmistress of House, pay of. Approved December 16, 1895.

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MILITARY FUND OF 1894, BALANCE OF. No. 19. A Resolution authorizing the Treasurer of this State to transfer on the books of his office, from the military fund of 1894 to the military fund of 1895, the unexpended balance of 1894, amounting to the sum of six hundred and twenty-three dollars and eleven cents. Whereas, In the management of the military fund of 1894 there are outstanding accounts chargeable to said fund, for which, owing to unavoidable delays, warrants could not be had in time specified by law, to prevent the same from reverting; therefore, be it Preamble. Resolved, That the Treasurer and Comptroller-General be instructed not to revert the said sum of six hundred and twenty-three dollars and eleven cents of the military fund of 1894, but to transfer the same to the military fund of 1895, as an unexpended balance to be used in the payment of such unpaid accounts as are rightfully chargeable to the military fund of 1894. Balance of military fund of 1894, how applied. Approved December 16, 1895. PAYMENT TO W. P. McCLATCHY. No. 31. A Resolution to authorize the Governor and Attorney-General to make a final settlement with W. P. McClatchy, of Tennessee, for legal services to the State. Whereas, The Hon. W. P. McClatchy, of Chattanooga, Tennesse, has been employed to do a large amount of legal work in recovering and protecting the State's property in the State of Tennessee; and Preamble. Whereas, He has not been paid for these services; and Whereas, He has presented to the Governor an account against the State for said services for the sum of one thousand two hundren and twenty-five ($1,225) dollars; therefore, Resolved, That the Governor, with the advice and co-operation of the Attorney-General, shall make such settlement with the said W. P. McClatchy as he may deem just and reasonable. Settlement for services of W. P. McClatchy, Esq., authorized. Resolved further, That the Governor be, and he is, hereby authorized to draw his warrant on the Treasurer in favor of the said W. P. McClatchy for the amount of such settlement agreed on, and the sum of one thousand two hundred and twenty-five ($1,225) dollars, or so much thereof as may be necessary, is hereby appropriated to carry out the provisions of this resolution. Approved December 16, 1895.

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PAYMENT TO M. A. HARDIN AND CHARLES S. NORTHEN. No. 25. Resolved by the House, the Senate concurring, That the sum of seventy-five ($75) dollars be, and the same is, hereby appropriated to M. A. Hardin, Clerk of the House of Representatives, and the sum of fifty dollars to Charles S. Northen, assistant Secretary of the Senate, to pay for preparing and mailing to each member of the General Assembly a statement of all the business pending before the General Assembly at the time of adjournment in 1894. Payment to M. A. Hardin and Chas. S. Northen authorized Resolved further, To pay for one additional porter for the Senate for the session of 1895, two dollars per day for fifty days, and the Treasurer is hereby authorized to pay the same out of any money in the treasury not otherwise appropriated. Payment of porter for Senate authorized. Approved December 16, 1895. PAYMENT TO JOHN FAVER. No. 12. A Resolution to authorize the Treasurer to pay John Faver for services, etc. Resolved by the House, the Senate concurring, That the Treasurer be, and he is, hereby authorized to pay John Faver for running elevator during the present session of the Legislature the sum of ($2.00) two dollars per diem. Treasurer authorized to pay for running elevator. Approved December 13, 1895. PAVEMENT OF STREETS ADJOINING GROUNDS OF EXECUTIVE MANSION. No. 10. A Joint Resolution providing for the payment to the city of Atlanta of the State's proportion of the expense of paving West Cain street, and of paving, sewerage, etc., in Spring and West Cain streets, adjoining the grounds of the Executive Mansion in said city. Resolved by the House of Representatives, the Senate concurring,

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That His Excellency, the Governor of Georgia, be authorized and directed to draw his warrant upon the treasury of Georgia, payable to the city of Atlanta or its authorized authorities, for the sum of two thousand and eighty-nine and [unk] dollars, being the State's proportion of the expense of paving West Cain street, and of paving and sewering in Spring and West Cain streets, adjoining the grounds of the Executive Mansion in said city of Atlanta, and that said sum as aforesaid be paid out of..... fund, the Treasurer of the State taking the receipt of the city of Atlanta in full discharge of said indebtedness. Appropriation to pay for paving streets adjoining grounds of Executive Mansion. Approved December 13, 1895. PER DIEM AND MILEAGE OF HON. COLUMBUS BLAIR. No. 3. A JOINT RESOLUTION. Whereas, A Resolution has been adopted by the House of Representatives declaring Hon. Columbus Blair, of the county of Douglas, to be the legally elected representative of said county; and Preamble. Whereas, The Hon. Columbus Blair has drawn no per diem and mileage for the last session; therefore, be it Resolved by the House, the Senate concurring, That the Hon. Columbus Blair be paid the per diem and mileage for the full term for which he was elected. Payment of per diem and mileage of Hon Columbus Blair. Approved November 27, 1895. PENSION OF GEORGE B. WHITAKER. No. 14. Whereas, The pension of George B. Whitaker was not paid for the years 1893 and 1894; and Preamble. Whereas, The grand jury of McDuffie county have recommended that the said George B. Whitaker is entitled to said pension for said years; therefore, be it Resolved by the House, the Senate concurring, That the Treasurer of the State of Georgia be, and he is, hereby authorized to pay to the said George B. Whitaker, the sum of one hundred dollars as pensions for the years 1893 and 1894. Treasurer authorized to pay pension of Geo. B. Whitaker. Approved December 16, 1895.

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PENSIONS OF R. W. KNIGHT AND W. D. MASSEY. No. 21. A Resolution for the relief of Mrs. Julia A. Knight, widow of R. W. Knight, deceased, and Susan E. Massey, widow of W. D. Massey, deceased, both of Gwinnett county. Whereas, R. W. Knight, a disabled Confederate soldier who lived in the county of Gwinnett, died on the 11th day of November, 1894, about the time of payment of pensions began for said year; and Preamble. Whereas, W. D. Massey, a disabled Confederate soldier, who lived in the county of Gwinnett, died on the 15th day of December, 1893, about the time payment of pensions began for said year; and Whereas, The right of said R. W. Knight and W. D. Massey to a pension for said years accrued for the years ending October 26, 1893-94, respectively, and had not been paid them for the said pension year, and at the time of their deaths they were entitled to an allowance of $50 on account of their disability for the years ending October 26th, 1893-94, respectively, but which had not been paid to them for said pension years; and Whereas, Said Julia A. Knight, of said county of Gwinnett, is the widow of R. W. Knight, a deceased soldier as aforesaid, and heir to his estate; and Whereas, Said Susan E. Massey, of said county of Gwinnett, is the widow of W. D. Massey, a deceased soldier, and heir to his estate; therefore, be it Resolved by the General Assembly of the State of Georgia, That the sum of $56, the amount due to said R. W. Knight at the time of his death, for the year ending October 26th, 1894; and the sum of $50, the amount due to said W. D. Massey at the time of his death for the year ending October 26th, 1893, be, and the same is, hereby appropriated; and the Governor is authorized to draw his warrant on the Treasurer for said sum, and to deliver same to said Susan E. Massey, and said Julia A. Knight, widows of said [Illegible Text] as aforesaid. Pensions of R. W. Knight and W. D. Massey. Approved December 16, 1895.

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PENSIONS OF THOS. R. DANIEL AND WILLIAM BRIDGES. No. 24. Whereas, The pensions of Thos. R. Daniel and William Bridges, of the county of Polk, were not paid for the years 1893 and 1894; and Preamble. Whereas, The grand jury of Polk county has recommended that the pensions be paid; therefore, be it Resolved by the House and Senate, That the State Treasurer be hereby authorized to pay Thos. R. Daniel and William Bridges $100.00 each, this being the amount due them. Pensions of Thos. R. Daniel and William Bridges. Approved December 16, 1895. PENSIONS OF JOHN B. SAILORS AND WILLIAM McGOVERN. No. 26. A Resolution to pay Mrs. Arthenia A. Sailors, widow of John B. Sailors, fifty dollars, one year's pension, due John B. Sailors at the time of his death, and to pay Mrs. Ellen McGovern the sum of one hundred dollars, one year's pension, due William McGovern at the time of his death; Whereas, John B. Sailors, of Hall county, was a Confederate soldier and an invalid pensioner, drawing a pension of fifty dollars per annum, and died in Hall county on the 21st day of November, 1892; and Preamble. Whereas, One year's pension, fifty dollars, was due him at the time of his death, which has never been paid; and Whereas, Arthenia A. Sailors is the lawful widow of John B. Sailors, and is entitled, under the Act of Oct. 9th, 1891, to one pension, due at the date of the death of said pensioner; and Whereas, William McGovern, of Muscogee county, was a Confederate soldier, and an invalid pensioner, drawing a pension of one hundred dollars per annum, for the loss of an arm, and died in Muscogee county on the 12th day of November, 1893; and Whereas, One year's pension, one hundred dollars, was due him at the time of his death, which has never been paid; and Whereas, Ellen McGovern is the lawful widow of William McGovern, and is entitled, under the Act of Oct. 9th, 1891, to one pension, due at the date of the death of said pensioner; therefore, be it

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Resolved, by the House, the Senate concurring, That the Governor of the State be, and he is, hereby authorized to draw his warrant on the treasury of the State in favor of Mrs. Arthenia A. Sailors for the sum of fifty dollars, upon satisfactory proofs that she is the widow of said John B. Sailors, deceased, and that the same was due, and has not been paid; be further it Pension of John B. Sailors. Resolved by the authority aforesaid, That the Governor of the State be, and he is, hereby authorized to draw his warrant on the treasury of the State in favor of Mrs. Ellen McGovern for the sum of one hundred dollars, upon satisfactory proofs that she is the widow of said William McGovern, deceased, and that the same was due, and has not been paid. Pension of William McGovern. Approved December 16, 1895. PENSION OF R. I. G. BLAKE. No. 44. A Resolution to pay the widow of R. I. G. Blake, of Dade county the pension due her husband for the year 1893. Whereas, R. I. G. Blake, who was regularly enrolled on the pension rolls of this State, and enjoyed the benefits of pension for the loss of an eye, died on the 6th day of March, 1893, and therefore his widow would be entitled to the sum of thirty ($30.00) dollars for the year 1893, as provided for in Acts 1890 and 1891; therefore, Pension of R. I. G. Blake. Resolved by the General Assembly of Georgia, That the Governor of the State be, and is, hereby authorized to draw his warrant on the treasury in favor of the widow of the said R. I. G. Blake, for the sum of thirty ($30.00) dollars. Approved December 16, 1895. PENSION OF W. C. SHORE. No. 45. A Resolution to appropriate the sum of fifty dollars to pay the pension of W. C. Shore, of Habersham county. Whereas, W. C. Shore, of Habersham county, a Confederate soldier, has in due form made his application for pension for the year 1895, and submitted his proofs as required by law, which application has been duly approved; and Preamble.

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Whereas, There is no fund from which to pay the aforementioned pension for said year; therefore, be it Resolved by the House of Representatives, the Senate concurring, That the sum of fifty dollars be, and the same is, hereby appropriated to pay the pension claim of the said W. C. Shore. Pension of W. C. Shore. Approved December 16, 1895. PENSION OF JEREMIAH SANDERS. No. 46. A Resolution for the relief of Jane Sanders. Whereas, Jeremiah Sanders, who was a disabled Confederate soldier whose name had been duly enrolled as entitled to a pension of ($50.00) fifty dollars annually, died on the 16th day of January, 1894, and at his death his right to said pension for the year ending Oct. 26th, 1894, had accrued and had not been paid to him for said pension year; and Preamble. Whereas, His widow, Jane Sanders, duly applied for said unpaid pension under the Act 1891 and the same refused on account of funds set apart for that purpose being exhausted; be it therefore Resolved by the General Assembly, That fifty dollars be appropriated to Jane Sanders, and that the Treasurer of the State is hereby authorized to pay the same upon the warrant of the Governor. Pension of Jeremiah Sanders. Approved December 16, 1895. PORTRAIT OF HON. N. J. HAMMOND. No. 2. Resolved by the Senate, the House of Representatives concurring, That the thanks of the General Assembly be tendered to the Atlanta bar for the portrait of the distinguished statesman, N. J. Hammond, this day referred to in the message of the Governor; that a committee of two from the Senate and three from the House be appointed to accept said portrait and have the same placed in the capitol in some appropriate position, and to convey to the Atlanta bar the high appreciation of the General Assembly of said gift. Thanks to Atlanta Bar for portrait. Approved November 22, 1895.

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PORTRAIT OF HON ROBERT TOOMBS. No. 35. Resolution to appropriate money to purchase a portrait of Hon. Robert Toombs. Whereas, The State of Georgia in 1872 appropriated the sum of $1,200 to secure a portrait of the Hon. Howell Cobb; and in 1882 appropriated the sum of $1,000 to secure a portrait of the Hon. Benjamin H. Hill; and in 1883 appropriated the sum of $1,000 to secure a portrait of the Hon. Herschel V. Johnson; and in 1884 appropriated the sum of $1,000 to secure a portrait of the Hon. Alexander H. Stephens; and in 1884 appropriated the sum of $1,000 to secure a portrait of the Hon. Charles J. Jenkins; and Preamble Whereas, The distinguished southern artist, Mr. Albert H. Guerry, has painted a portrait of the Hon. Robert Toombs of unsurpassed excellence, and which portrait is now on exhibition in the office of the State School Commissioner in the capitol building; therefore be it Resolved by the House, the Senate concurring, That the sum of one thousand dollars is hereby appropriated for the purchase of said portrait when appropriately framed, and the Governor is authorized to draw his warrant on the treasury for said sum, which shall be paid out of any funds in the treasury not otherwise appropriated; and the portrait shall be hung in the capitol building in such place as the Governor may designate. Appropriation to purchase portrait of Hon. Robt. Toombs. Approved December 16, 1895. RELIEF OF POSTAL TELEGRAPH AND CABLE COMPANY. No. 4. Whereas, The Postal Telegraph and Cable Company, through the remissness of its attorney who had charge of the tax business of said company, failed to make its returns at the proper time as required by law for the fourth quarter of the year 1893, and the first, second and third quarters of 1894, the blanks sent out by the Comptroller-General for the tax returns having been promptly referred to said attorney, and the said company having every reason to believe that its said attorney would discharge his duties in the premises with accuracy and promptness, and the said

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company having promptly discharged the said attorney for his negligence in the premises; and Preamble. Whereas, The said Comptroller-General made assessment by which the tax for said four quarters was $800.00, and the said company on the 20th day of December, 1894, made its sworn returns, from which it appears that the true amount was $295.50; and Whereas, The said failure to make the returns was not owing to any desire whatever on the part of said company to escape said tax, but was due solely to the negligence of its said attorney, and the said tax under the arbitrary assessment made by the Comptroller-General was thereafter paid under proper protest; therefore, be it Resolved by the Senate, the House concurring, That the Comptroller-General be, and is, hereby authorized and directed to reopen the matter of said assessment and make the same de novo , as if no assessment had been made. Assessment corrected. Approved November 29, 1895. RELIEF OF ELECTRIC RAILWAY COMPANY OF SAVANNAH. No. 5. Whereas, The Electric Railway Company of Savannah did, on the 6th day of September, 1893, purchase the Savannah Street Railroad, and whereas said the Electric Railway Company of Savvannah did obtain immediate possession of said the Savannah Street Railroad; and Preamble. Whereas, The Electric Railway Company of Savannah did, within the time prescribed by law, make to the Comptroller-General proper and sufficient returns for the year 1894, of the combined properties of said street railroads, said return being made in the name of the Electric Railway Company of Savannah; and Whereas, The Comptroller-General, not being informed of said purchase and said consolidation, did adjudge the said the Savannah Street Railroad to be in default as to the making of a return, and did thereupon assess the property of said company as for taxes for the year 1894; and Whereas, Said assessment is obviously unjust and unfair, inasmuch as it will compel the payment of taxes twice on the same property; now, therefore, be it Resolved by the General Assembly of Georgia, That the Comptroller-General be, and he is, hereby authorized and directed to reopen the matter of said assessment and make the same de novo , as if no assessment had been made. Assessment corrected. Approved December 5, 1895.

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RELIEF OF NORTH HIGHLANDS RAILROAD COMPANY. No. 7. Whereas, The North Highlands Railroad Company, which owns and operates a street railroad, located in the city of Columbus, Muscogee county, Georgia, failed to make returns of its property to the Comptroller-General as required by law, for the years 1892, 1893, and 1894; and Preamble. Whereas, The Comptroller-General assessed the property of said corporation for State, county, and municipal taxation during each of said years 1892, 1893 and 1894, at a valuation of forty thousand ($40,000) dollars, said assessment being made on information obtained by said Comptroller-General, which assessment is alleged to be excessive; and Whereas, The Comptroller-General has reason to believe that the information upon which said assessment was made was incorrect, and said assessment was excessive; and Whereas, The city authorities of the city of Columbus assessed the property of said company for taxation during each of said years at a valuation of ten thousand ($10,000) dollars, which it is alleged is the true value thereof; therefore, be it Resolved by the General Assembly of the State of Georgia, That the Comptroller-General be, and he is, hereby authorized to reopen the matter of said assessment and make the same de novo , as if no assessment had been made. Assessment corrected. Approved December 9, 1895. RELIEF OF BRUNSWICK STATE BANK. No. 9. Whereas, The Brunswick State Bank, one of the State depositories at the time of its failure, the 26th day of May, 1893, had on deposit funds of the State to the amount of thirty thousand and four hundred and forty-nine dollars and seventy-three cents ($30,449.73); and Preamble Whereas, The State has received from said bank and the sureties on the bond of said bank the sum of thirty thousand four hundred and forty-nine dollars and seventy-three cents ($30,449.73), being the full amount due the State, saving and excepting the interest; and Whereas, The Governor of the State of Georgia, on the

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31st day of May, 1893, issued his fi. fa. against the said bank, and W. E. Burbage, W. E. Kay, M. J. Colson, M. Kaiser, W. A. Cunningham, Thomas W. Lamb, H. S. McCrary, A. T. Putnam, M. Michelson, C. B. Lloyd, J. E. duBignon, and J. J. Spears, as sureties on the bond of said bank, for the sum of thirty thousand and four hundred and forty-nine dollars and seventy-three cents ($30,449.73), which said fi. fa. has since been drawing interest at the rate of seven per cent. per annum; and Whereas, Said bank failed owing a large number of small depositors, who are people of limited means, and who lost their all by the failure of said bank; and Whereas, If interest on said fi. fa. is not exacted by the State it would enure to the benefit of said depositors by increasing to that extent the amount of funds for distribution among them; and Whereas, The epidemic of yellow fever in the city of Brunswick in the year 1893, coupled with the general financial depression existing at that time, has made it an exceedingly onerous burden on said bank and its sureties to pay the principal of said indebtedness due to the State; and Whereas, A large portion of said principal has been paid by the sureties out of their own pockets, awaiting the slow realization from the assets of said bank; and Whereas, If said bank had not failed, under the law and custom prevailing at the time, the State would not have received any interest on the money on deposit in said bank; now, therefore, be it Resolved by the General Assembly of the State of Georgia, that the said the Brunswick State Bank, and W. E. Burbage, W. E. Kay, M. J. Colson, M. Kaiser, W. A. Cunningham, Thomas W. Lamb, H. S. McCrary, A. T. Putnam, M. Michelson, C. B. Lloyd, J. E. duBignon, and J. J. Spears, sureties on the bond of the said bank as a State depository, be, and they are, hereby relieved from any and all interest due to the State on the fi. fa. issued by the Governor against said bank and said sureties, on the 31st day of May, 1893, for thirty thousand four hundred and forty-nine dollars and seventy-three cents ($30,449.73), and said fi. fa. be, and the same is, hereby declared paid, and satisfied in full, and the lien thereof is hereby cancelled. Brunswick State Bank and its securities relieved from payment of interest to the State. Approved December 14, 1895.

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RELIEF OF BRUNSWICK STREET RAILROAD COMPANY. No. 13. A Resolution for the relief of the Brunswick Street Railroad Company and its successors. Whereas, On the..... day of April, 1892, the Brunswick Street Railroad Company was taken possession of by a receiver; and Preamble. Whereas, Neither the company nor receiver made return of the property of said company to the Comptroller-General for taxation for the said year, nor for the years 1892 and 1893; and Whereas, The said receiver discontinued the operation of said railroad, and its value was greatly diminished, and it is not now in operation; and Whereas, Said railroad has been assessed for the years 1893 and 1894 by the Comptroller-General, which assessment is alleged to contain unjust features and to be excessive, therefore; be it Resolved, by the General Assembly of the State of Georgia, That the Comptroller-General be, and he is, hereby authorized and directed to reopen the matter of said assessment and make the same de novo , as if no assessment had been heretofore made, and the Comptroller-General may reopen the assessment for the years 1891 and 1892 as a basis for the settlement of the city taxes with the city of Brunswick; provided , it in no way affect the taxes paid the State. Assessment corrected. Approved December 13, 1895. RELIEF OF COLLINS PARK AND BELT RAILROAD COMPANY. No. 30. Whereas, The Collins Park and Belt Railroad Company, successor to and owner of the Atlanta and Chattahoochee River Railway Company, failed to give in their taxes for the years 1892 and 1893, and their property was assessed by the Comptroller-General; and Preamble. Whereas, The Comptroller-General has since received said property at a much less valuation[Illegible Text] therefore, Resolved, That the Comptroller-General be, and he is, hereby authorized to reopen the case of the assessment of said property and to proceed as if no assessment had been made. Resolved further, That before said case is reopened the said company shall be required to pay all expenses and costs of court or otherwise that have been incurred by the State in litigation. Assessment corrected. Approved December 16, 1895.

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RELIEF OF BRUNSWICK TERMINAL RAILROAD COMPANY. No. 32. A Resolution for the relief of the South Brunswick Terminal Railroad Company. Whereas, The South Brunswick Terminal Railroad Company was placed in the hands of a receiver under a foreclosure of a mortgage against said company; and Preamble. Whereas, During the term of said receivership no return for taxes was made to the State of Georgia, and it being thus in default for 1895, the Comptroller-General of said State has assessed said property at the sum of $84,900, which is alleged to be more than double the value of said property; and Whereas, Such assessment made by the Comptroller-General is alleged to be so excessive as to make the amount of the taxes upon the same burdensome to the purchasers thereof, it is therefore Resolved hereby, That the Comptroller-General be authorized and directed to reassess said property de novo at its true value, after making an examination of the condition and value of the same. Assessment corrected. Approved December 16, 1895. RELIEF OF WILLIS FIELDS. No. 6. A Resolution for the relief of Willis Fields, of Henry county. Whereas, Willis Fields, of Henry county, on the 27th day of March, 1895, became surety on the bond of J. W. Griffin, of Henry county, to answer the charge of selling liquors in Henry county court; and Preamble. Whereas, At the May term, 1895, of Henry county court, said bond was forfeited and scire facias issued thereon, which was served on the surety; and Whereas, The July term, 1895, final judgement was entered on said bond against the said surety, Willis Fields, for the sum of one hundred dollars, the penal sum named in said bond; and Whereas, After the giving of said bond, the said J. W. Griffin fled, and was not present in court at the May term, 1895, and the said Willis Fields, for this reason, was unable to produce him in court at said time; and

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Whereas, Since final judgment on said bond the surety, Willis Fields, has, at considerable trouble and expense to himself, delivered the said J. W. Griffin up to the sheriff of Henry county; Resolved by the General Assembly of the State of Georgia, That the said surety, Willis Fields, be, and he is, hereby released from all liability on said bond, and the judgment entered on the forfeiture of the same upon the payment of costs, if any be due. Willis Fields relieved as surety for J. W. Griffin. Approved December 9, 1895. RELIEF OF J. M. WILLIAMS. No. 27. A Resolution for the relief of J. M. Williams, of Catoosa county. Whereas, The board of commissioners of roads and revenues of Catoosa county have imposed on John M. Williams, of said county, a penalty of double professional tax as a lawyer for failure to make returns of his professional tax, and seek to collect said tax since 1882, the date when said Williams was admitted to the bar of Catoosa superior court; and Preamble. Whereas, Said Williams has never engaged in the practice of law since his admission to the bar, except in occasional justice court practice, and then without charge for services, but is and has been entirely engaged in farming and school-teaching as a calling, and has resided a large part of his time out of the State; therefore, be it Resolved by the General Assembly of Georgia, That said John M. Williams is hereby relieved from all payment of professional tax and penalties as a lawyer, assessed against him, prior to 1895. Professional tax of John M. Williams. Approved December 16, 1895. RELIEF OF J. D. LAING. No. 39. A Joint Resolution for the relief of J. D. Laing, tax-collector of Terrell county, and his securities. Whereas, The Comptroller-General did, on the 17th day of October, 1895, issue an execution against J. D. Laing, tax-collector of Terrell county, for the sum of $3,746.93 principal, and twenty per

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cent. penalty, the said principal being the amount which appeared from the books of the Comptroller-General's office, to be the actual balance due the State on his account for the year 1894; Preamble. Whereas, The said J. D. Laing having deposited the amount due the State in a bank in Dawson, and not knowing that this act did not place the money in the custody of the State; be it Resolved, That they, the said J. D. Laing and his securities, be, and they are, hereby relieved from the aforementioned penalty of twenty per cent.; provided , that said tax-collector and his securities pay all costs and attorneys' fees that may have accrued by the issuing of the fi. fa. , by the Comptroller-General. Tax-collector and securities relieved of penalties. Approved December 16, 1895. RELIEF OF J. S. McGAHEE. No. 43. Whereas, J. S. McGahee did, on the 24th day of January, 1893, become bail for the appearance of one Albert Seay, at the March term, 1893, of the superior court of McDuffie county, which said bond was forfeited by reason of the non-appearance of said Albert Seay at said term of the court; and Preamble. Whereas, Executions issued upon the forfeiture of said bond for the principal sum of one hundred dollars and costs, which was paid by the said J. S. McGahee to the treasurer of McDuffie county, said sum being covered into the county treasury; and Whereas, The said Albert Seay was afterwards recaptured at the expense of said J. S. McGahee, was tried, convicted, and sent to the penitentiary; be it therefore, Resolved by the House of Representatives, the Senate concurring, That inasmuch as the purpose for which said bond was given was fully accomplished, the treasurer of McDuffie county is hereby authorized and directed to pay to said J. S. McGahee the sum of one hundred dollars from any funds in the hands of the treasurer of said county not appropriated for other purposes; provided, however , that the said J. S. McGahee, the said surety on the within described bond, shall have first paid all costs in forfeiting said bond. Relief of J. S. McGahee. Approved December 16, 1895.

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REPAIRS OF CAPITOL AND EXECUTIVE MANSION. No. 11. Resolved by the House, the Senate concurring, That the sum of $500.00 (five hundred dollars), or so much thereof as may be necessary, be, and is, hereby appropriated to paint the dome and repair the roof of the capitol building, said fund to be paid out of any funds in the Treasury not otherwise appropriated, and the Governor is hereby authorized to draw his warrant on the Treasurer of the State for the same. Appropriation to paint dome of capitol. Resolved further, That the sum of two hundred and fifty dollars, or so much thereof as may be necessary, be, and the same is, hereby appropriated to furnish and equip the executive mansion with such electric lights as the superintendent of public buildings may deem necessary, said sum to be paid out of any funds in the treasury not otherwise appropriated, and the Governor is hereby authorized to draw his warrant on the Treasurer of the State for the same. To equip executive mansion with electric lights. Approved December 13, 1895. REVOCATION OF GRANT TO UNITED STATES. No. 50. A Resolution revoking ceded rights granted to the United States government over certain lands adjoining Chickamauga National Military Park. Whereas, The State of Georgia, by Act approved November 19, 1890, ceded to the United States government jurisdiction over certain lands lying and being within the State, and bounded and described in said Act, for the purpose of establishing a national military park in the battle-field of Chickamauga; and Preamble. Whereas, Said United States government has failed to purchase or otherwise acquire possession of all of said lands embraced in said boundaries as surveyed, and in some instances exercises control over such lands by notice to owners of intention to condemn and purchase said property, such notices being held for months without definite action on the part of the authorities of the United States government, thereby operating as a cloud on the titles, much to the injury and inconvenience of said owners, as it prevents them from disposing of their property and from making such improvements thereon as they would otherwise do; therefore, be it

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Resolved by the General Assembly of Georgia, That from and after the first day of January, 1896, all ceded rights granted by the State to the United States government over any lands owned or controlled by the following named citizens: J. B. Dixon, J. T. Scott Bro., W. H. Hargrove, J. T. Scott, guardian, and described in the boundaries set forth in the above recited Act, except such ceded rights as have been granted for the purpose of constructing roadways or turnpikes, be, and the same are, hereby revoked. Revocation of grant. Approved December 16, 1895. ROAD FROM ATLANTA TO M'PHERSON BARRACKS. No. 20. Whereas, It is a public necessity that a driveway should be constructed from Fort McPherson to the city of Atlanta, and that a branch highway leading from said main driveway to McPherson's monument, it is by the Senate and House of Representatives of the State of Georgia; Preamble. Resolved 1st, That our Senators and members of Congress be requested to vote and use their influence for sufficient congressional appropriation to build said roadway. Congress requested to build road from Atlanta to McPherson barracks. 2d, That a copy of this preamble and resolutions be transmitted to the Senators and Representatives aforesaid by the clerk of the House of Representatives and secretary of the Senate of this State, after the same has been approved by his Excellency, W. Y. Atkinson, Governor of the State of Georgia. Approved December 16, 1895. SPECIMENS OF WOOD, MINERALS, ETC. No. 38. A Resolution to allow the duplicate specimens of woods, minerals, and building stones, etc., in possession of the State to be loaned to museums or other scientific institutions. Whereas, The State of Georgia is the owner of many duplicate specimens of minerals, woods, building-stones, etc., collected under the Act of 1894; and Preamble.

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Whereas, The resources of the State will be best advertised by depositing with or lending said duplicate specimens to scientific institutions; therefore, be it Resolved by the General Assembly of Georgia, That the Georgia State Board of Exhibit of the Cotton States and International Exposition be, and are, hereby authorized to dispose of such duplicate specimens by loan to such museums or other scientific institutions as they may select. Loans of specimens of woods, minerals, etc. authorized. Approved December 16, 1895. UNION OF CHURCH AND STATE. No. 36. Resolved by the House, the Senate concurring, That any movement, either in this State or in the United States, tending towards a union of Church and State is deprecated and condemned, and in our opinion is contrary to the principles of our government and the Constitution of the same. Union of church and State condemned Approved December 16, 1895. UNFINISHED BUSINESS OF LEGISLATURE. No. 42. Resolved by the Senate, the House of Representatives concurring, That the President of the Senate and the Speaker of the House of Representatives, the Secretary of the Senate and the Clerk of the House of Representatives be, and they are, hereby authorized to remain at the capitol five days after the adjournment of the General Assembly, for the purpose of affixing their official signatures to all bills and resolutions passed previous to said adjournment, and they be allowed their per diem for said time. Unfinished business, how completed. Resolved further, That the chairman, respectively, of the enrolling and auditing committees of the Senate and House, together with two members of each of said committees, to be designated by the chairman thereof, be, and they are, hereby authorized to remain at the capitol for five days after the adjournment of the General Assembly for the purpose of bringing up the unfinished business of the session, and that they be allowed their per diem for said time. Approved December 16, 1895.

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WESTERN AND ATLANTIC RAILROAD COMMISSION. No. 15. A Resolution to appropriate the sum of $1,800 as compensation to be paid the special commissioners for the adjudication of controversies affecting the Western and Atlantic Railroad, and to appropriate the further sum of $350.50 for the payment of costs and expenses chargeable to the State incurred in the hearing before the special commission of the right of way case against the Central Railroad and Banking Company. Whereas, In virtue of the authority vested in him under the terms of a joint resolution of the General Assembly, approved December 18th, 1894, the Governor created a special commission for the purpose of hearing and finally determining a matter of controversy between the State and the Central Railroad and Banking Company of Georgia and its receivers, aflecting the right of way of the Western and Atlantic Railroad, lying between White-hall and Forsyth streets, in the city of Atlanta; and appointed to act as special commissioners in said case the Hon. John L. Hopkins of Fulton, Hon. T. R. Jones of Whitfield, and Hon. H. W. Hill of Meriwether; and Preamble. Whereas, The said special commissioners have faithfully discharged their duties imposed upon them in hearing and finally determing said matter of controversy; and Whereas, The Governor has submitted to the General Assembly a copy of the findings, and judgment of the special commissioners, and has reported the amounts by him allowed said special commissioners as their compensation in that behalf, to wit, $600 each, together with the amount of all other costs and expenses of the proceedings chargeable to the State, amounting to $350.50; therefore, be it Resolved by the House of Representatives, the Senate concurring, That the amounts so allowed as compensation to the special commissioners, and for costs and expenses, be, and the same are, hereby ratified and confirmed; be it further Compensation, costs and expenses of commissioners for W. A. Railroad. Resolved, That the sum of $1,800 be, and the same is, hereby appropriated to said special commissioners as compensation for their services in such behalf; that is to say, to Hon. John L. Hopkins the sum of $600, to Hon. R. T. Jones the sum of $600, and to Hon. H. W. Hill the sum of $600, and that the further sum of $350.50 be, and the same is, hereby appropriated for the payment of costs and expenses chargeable to the State; that is, to

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Mark J. McCord, as clerk and stenographer, the sum of $345.00, and to J. J. Barnes, as sheriff of Fulton county, the sum of $5.50. Appropriation. Approved December 16, 1895. WESTERN AND ATLANTIC RAILROAD. No. 40. A Resolution ratifying and confirming provisional settlements made by the Governor and Attorney-General concerning certain rights, ways, and properties of the Western and Atlantic Railroad. Whereas, In accordance with the provisions of a joint resolution of the General Assembly, approved December 19, 1893, the Governor and Attorney-General, after consultation with the special attorney, have effected provisional settlements of several certain adverse claims affecting the rights, ways, and properties of the Western and Atlantic Railroad as follows, to wit: Preamble. Settlements with. 1st. Suit against A. T. Hill concerning small parcel of land near Gilmore's Station, in lot No. 892, 17th district, 2d section, Cobb county. A. T. Hill. 2d. Suit against James Johnson concerning two acres of land at formerly Harris's Station in Cobb county. [Illegible Text] Johnson. 3d. Suit against Halterbrand and Attaway concerning lot No. 52, 20th district, 2d section, Cobb county, S. J. Baldwin being the real party at interest, with whom the provisional settlement was had. Halterbrand and Attaway for S. J. Baldwin. 4th. Suit against W. E. Maner concerning lot No. 838, 17th district, 2d section, Cobb county. W. E. Maner. 5th. Suit against Joseph Lacy concerning lot No. 217, 20th district, 2d section, Cobb county. Joseph Lacy. 6th. Agreement between the Lessee Company and the Southern Railway Company concerning the belt crossing, provisionally assented to in behalf of the State. Southern Railway Company. 7th. Provisional acceptance of proposition of the Southern Railway Company concerning rights of way in and near Atlanta and Dalton; and Southern Railway Company. Whereas, The terms and conditions of said settlements and the facts upon which they are based are recited in the several executive orders passed in each case, respectively, and are fully shown in the report of the special attorney for the Western and Atlantic Railroad of date October 23, 1895; therefore, be it

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Resolved, That each and all of said provisional settlements be, and they are, hereby in all things confirmed and ratified upon the terms and conditions recited in said several executive orders respectively; and the special attorney is hereby directed to prepare such conveyances, acquittances, and other writings as may be appropriate and necessary to effectuate the settlement had in each case; and the Governor is hereby authorized and requested to execute in the name and behalf of the State all such conveyances and other writings as may be necessary to carry said settlement into full effect; all of such settlements being made subject to the rights of the present lessee company of the Western and Atlantic Railroad under the contract of lease. Confirmed. Approved December 16, 1895. WALL STREET IN CITY OF ATLANTA. No. 48. Whereas, In the year 1865 the city of Atlanta purchased from the Macon and Western Railroad Company certain real property lying and being in land lot seventy-seven, in the fourteenth district of originally Henry, now Fulton county, Georgia, described as follows: bounded on one side by the Western and Atlantic Railroad, on another by the lot conveyed to the State of Georgia, and on another side by Alabama street, and on a fourth side by Whitehall street, except one-quarter of an acre reserved at the corner of Alabama and Whitehall streets; and Whereas, Pryor street was opened and extended across a portion of said property, and all of the remainder of said property has been sold by the city to private owners, excepting a triangular parcel bounded on the northeast by the right of way of the Western and Atlantic Railroad, on the southeast by Pryor street, on the southwest by the lots occupied by the buildings of Dodd and others, and on the northwest by Whitehall street, which said triangular parcel is now and for a number of years has been occupied by railroad tracks; and Whereas, Wall street between Peachtree and Loyd stree's, is upon the right of way and property of the State of Georgia; and Whereas, About the year 1870, when the first Kimball House and the present Union passenger depot were built, there was a rearrangement of tracks and streets in the vicinity of said depot, such as to substantially place them in their present locations; and

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Whereas, At the time last above named there is said to have been an agreement between the officials of the city and the officials of the State or of the Western and Atlantic Railroad, by which the State should have for the Western and Atlantic Railroad the triangular parcel herein above described, and the city should have for street purposes that portion of the State's property now occupied by Wall street, which said agreement, though not to be found of record or in writing, seems to have been acted upon by the parties concerned for more than twenty years, the possession and use of said properties during all these years having been consistent with such agreement; now, therefore, in order to execute and reduce to exact and permanent form, the terms of said agreement, which is believed to have been made and acted upon by the parties, be it Resolved, That said agreement shall be carried into full effect in the following manner, and upon the following conditions, to wit: 1st. The State of Georgia shall grant to the city of Atlanta a permanent easement, for street purposes, in and to that portion of its property now occupied by Wall street, between Peachtree and Loyd streets; said street to be maintained and perpetually kept open by the city as a public thoroughfare in the manner and to the extent as now used, no additional servitude except for sewer, lights, telegraph, or telephone poles, wires, or conduits to be imposed thereon without the consent of the State and the lessees of the Western and Atlantic Railroad for the time being. Grant of State to city of easement for Wall street. 2d. Upon the making of the grant aforesaid, the mayor, acting for and on behalf of the city of Atlanta, shall convey to the State of Georgia for railroad purposes only, by quitclaim deed, all the right, title, and interest of the city of Atlanta in and to the triangular parcel of land hereinbefore referred to and described, excepting and reserving all rights in and to the use of the spur track and alley next to the building of Dodd and others as have been heretofore conveyed by the city to the purchasers of such adjacent lots or otherwise acquired by said purchasers. Quitclaim deed by city to State. 3d. All the terms of this agreement, as recited in paragraphs one and two above, shall be consented to in writing by the present lessee company of the Western and Atlantic Railroad, or made subject to the rights of said lessee company under the contract of the lease, and shall be approved and adopted by the mayor and general council of the city of Atlanta before this agreement shall become binding upon either party. Written agreement of lessee of W. A. Railroad and city of Atlanta required. 4th. Should all of the terms and conditions above recited be fully complied with by the parties named, then and in that event, the special attorney for the Western and Atlantic Railroad is hereby

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directed to prepare, and the Governor is requested to execute in the name and in behalf of the State, all such conveyances, acquittances, and other writings as may be necessary to fully effectuate the purpose contemplated in this Resolution. Governor authorized to complete settlement. Approved December 16, 1895.

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TREASURER'S REPORT.

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EXHIBIT No. 1. R. U. Hardeman, in Account with State of Georgia for Report Year Ending September 30, 1895 . To Balance in Treasury October 1st, 1894 $ 828,633 58 RECEIPTS. DISBURSEMENTS. From [Illegible Text] Tax, [Illegible Text] $ [Illegible Text] [Illegible Text] On account Academy Blind, 1891 $ [Illegible Text] 00 From [Illegible Text] Tax, [Illegible Text] [Illegible Text] [Illegible Text] On account Academy Blind, [Illegible Text] [Illegible Text] 00 From Billiard Tax, [Illegible Text] [Illegible Text] [Illegible Text] On account Agricultural Department, [Illegible Text] 3,500 00 From Billiard Tax, [Illegible Text] [Illegible Text] 00 On account Agricultural Department, [Illegible Text] [Illegible Text] 00 From [Illegible Text] fi. fas [Illegible Text] 00 On account Civil Establishment, [Illegible Text] 57,161 70 From Cold Storage, [Illegible Text] [Illegible Text] 00 On account Civil Establishment, [Illegible Text] 55,975 00 From Dividends 2,596 00 On account Contingent Fund, 1894 6,100 56 From Dealers in Fatures, 1895 2,700 00 On account Contingent Fund, [Illegible Text] 5,588 92 From Express Company, 1891 1,541 69 On account Contingent Expenses Supreme Court, 1894 307 60 From Express Company, [Illegible Text] 1,182 91 On account Contingent Expenses Supreme Court, [Illegible Text] 450 61 From General Tax, 1893 6,654 32 On account Contingent Expenses Railroad Commission, 1894 200 00 From General Tax, 1891 [Illegible Text] [Illegible Text] On account Contingent Expenses Railroad Commission, 1895 500 00 From Hire Convicts, 1894 2,426 47 On account Clerk Supreme Court Costs 266 25 From Hire Convicts, 1895 [Illegible Text] 69 On account Chemicals for State Chemist 500 00 From Insolvent Taxes 3,971 08 On account Cotton States and International Exposition 17,371 00 From Insurance Fees, 1894 200 80 On account Deaf [Illegible Text] Dumb, 1894 4,750 00 From Insurance Fees, 1895 10,325 40 On account Deaf and Dumb, 1895 15,000 00 From Insurance Agents, 1894 310 00 On account Geological Survey 9,800 66 From Insurance Agents, 1895 6,610 00 On account Insurance Public Buildings, 1894 5,569 47 From Insurance Companies, [Illegible Text] 48,075 82 On account Insurance Public Buildings, 1895 1,419 34 From Insurance Companies Charter Fees 200 00 On account Lunatic Asylum, 1894 49,999 98 From Interest on fi. fas. 2,334 29 On account Lunatic Asylum, 1895 140,000 00 From Inspectors Fertilizers 8,672 15 On account Lunatic [Illegible Text] Trustees 2,306 75 From Interest from State Depositories 3,750 99 On account Library Fund, 1895 2,826 71 From Liquor Tax, 1894 [Illegible Text] 85 On account Land Script Fund, 1895 1,314 14 From Liquor Tax, 1895 83,473 00 On account Legislative Pay Roll, 1894 67,020 44 From Moneys Refunded 102 [Illegible Text] On account Military Fund, 1894 2,113 53 From Office Fees 3,489 88 On account Military Fund, 1895 13,537 [Illegible Text] From Oil Inspectors' Fees 12,999 22 On account Maimed Soldiers, 1894 460 00 From Poll Tax, 1894 222,817 36 On account Maimed Soldiers, [Illegible Text] 190,000 00 From Pistol Dealers, 1894 360 00 On account Normal School Visitors 102 [Illegible Text] From Pistol Dealers, 1895 3,062 73 On account Overpayment Taxes 15,685 52 From Penalties against Lessees 2,200 00 On account Penitentiary Fund (general account) [Illegible Text] [Illegible Text] From Railroad, 1890 566 76 On account Penitentiary Fund (special account), 1894 [Illegible Text] 26 From Railroad, [Illegible Text] 2,285 49 On account Penitentiary Fund (special account), 1895 [Illegible Text] 72 From Railroad, 1892 [Illegible Text] [Illegible Text] On account Printing Fund, 1894 4,445 93 From Railroad, 1893 [Illegible Text] 31 On account Printing Fund, 1895 [Illegible Text] 71 From Railroad, 1894 172,992 13 On account Printing Fund Railroad Commission, 1894 [Illegible Text] [Illegible Text] From Rent Western Atlantic Railroad 420,012 00 On account Printing Fund Railroad Commission, 1895 209 [Illegible Text] From Rent Public Buildings 136 12 On account Public Buildings, 1894 4,000 00 From Special Nostrum Tax, [Illegible Text] 270 00 On account Public Buildings, 1895 [Illegible Text] [Illegible Text] From Special Nostrum Tax, 1895 1,168 61 On account Public Debt 366,500 00 From Sale Supreme Court Reports 4,861 00 On account Solicitors-General 3,615 00 From Show Tax, 1894 [Illegible Text] 80 On account School Fund, 1894 634,245 53 From Show Tax, 1895 993 00 On account School Fund, 1895 582,599 [Illegible Text] From Sewing Machine Companies, 1895 1,200 00 On account Salary Chemists 4,972 [Illegible Text] From Sale of Land 171 75 On account Special Appropriations 140,592 88 From Surplus Sale Wild Lands 1,569 41 On account Supreme Court Reports 9,000 00 From Sale Public Property 85 17 On account Trustees State University 443 39 From Tax Specialists, [Illegible Text] [Illegible Text] 00 On account University Georgia, 1895 8,000 00 From Tax Specialists, 1895 125 25 On account University Georgia for Colored, 1894 4,000 00 From Tax Games, 1894 67 [Illegible Text] On account University Georgia for Colored, 1895 4,000 00 From Tax Games, 1895 202 50 On account Widows Confederate Soldiers, 1894 180 00 From Tax Pawn Brokers, 1894 45 00 On account Widows Confederate Soldiers, 1895 [Illegible Text] 00 From Tax Pawn Brokers, 1895 [Illegible Text] 00 On account Excess from Sale Wild [Illegible Text] 45 79 $ 2,739,756 32 From Tax Lightning Rod Dealers, 1894 90 00 By Balance in Treasury October 1st, 1895 [Illegible Text] [Illegible Text] From Tax Sewing Machine Agents, 1894 10 00 From Tax Sewing Machine Agents, 1895 810 00 From Tax Telephone Companies, 1894 [Illegible Text] [Illegible Text] From Tax Telephone Companies, 1895 1,882 00 From Tax Telegraph Companies, 1894 2,310 15 From Tax Telegraph Companies, 1895 1,288 98 From Tax Sleeping Car Companies, 1894 562 65 From Tax Brewing Companies, 1894 180 00 From Tax Brewing Companies, 1895 1,260 00 From Tax Commercial Agencies, 1895 585 [Illegible Text] From Tax Telegraph Companies, 1895 215 40 From Tax Wild Land 66 21 From Tax Western and Atlantic Railroad Claims 634 00 From Tax Artists, 1894 476 20 From Tax Artists, 1895 788 38 2,712,657 88 $ 3,541,291 46 $ 3,541,291 46

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INDEX TO PUBLIC LAWS. A ADULTERATION Of milk, butter or cheese, Act as to 66 APPROPRIATIONS Chickamauga battlefield, monuments on, etc. 11 Georgia Normal and Industrial School 10 Georgia School for the Deaf 12 State Lunatic Asylum 9 State Normal School 10 State Treasury, for arithmometer and typewriter 12 ARRESTS By officer out of county of his residence 35 ARTISTS Photographic, etc., license tax on 13 AUDITORS Law as to amended 47 B BANKS Capital impaired to be made good 58 Incorporation of, law as to amended 54 , 56 State, circulation of notes by 59 BARRATRY Law as to amended 64 BILLS OF EXCEPTIONS Service upon non-resident and unrepresented defendants 44

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BLUE RIDGE AND ATLANTIC R. R. Governor authorized to relinquish claim of State to 87 BONDS To pay public debt maturing July 1, 1896 13 BRIDGES Counties authorized to contract with United States as to 76 Over border rivers, authority of counties as to 78 BURIAL OF DEAD ANIMALS, ETC. Must be made by owners 86 BUTTER, MILK AND CHEESE Adulterations, sale of, etc. 66 C CERTIORARIS Hearing of in vacation 46 CHATTOOGA SUPERIOR COURT Terms of changed 38 CHEESE, MILK AND BUTTFR Adulterations, sale of, etc. 66 CHICKAMAUGA BATTLEFIELD Appropriation for monuments, etc. 11 CHICKAMAUGA NATIONAL PARK Jurisdiction ceded to the United States over lands, etc 77 CITY COURT OF SAVANNAH Sales under executions from 35

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CITY COURTS Abolition of, change in salary of judges, etc. 40 CODE Adopting, providing for publication, etc. 98 CODE AMENDMENTS Section 554 as amended: Peddling by soldiers without license 19 Section 752: Additional privileges to miners for carrying off crude ore, etc. 20 Section 943(a): State Depository may be located at Blackshear 21 Section 943(b): State Depository, change of in event of failure to contract as to interest 22 Section 1291: Election blanks to be furnished Notaries Public 23 Section 1675(a), as amended: Ownership of land by foreign corporations 24 Section 1978, as amended: Landlord's lien for supplies 25 Section 1979, as amended: Lien of material men, mechanics, etc. 27 Sections 2758-2772(a): Court contracts, law as to repealed 29 Section 3837: Subscribing witness, production of, exceptions 31 Section 3888: Interrogatories, transmission by express 31 Section 4625(c), as amended: Obstruction of passage of fish 33 Section 4721: Arrest by officer out of county of his residence 34 Section 4928: City court of Savannah, sales under executions from 35 COLORED PERSONS State School for, name of 94 , 95 CONFEDERATE SOLDIERS Peddling without license, Code amended 19 Pensions to dependent, law changed 17 Traveling life insurance agents, etc., without license 92 Widows of certain, pensions for 102

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CONSIGNMENTS OF PRODUCTS Procuring, to irresponsible persons, etc. 65 CONTINUANCES Entry and announcement of, etc. 41 CORPORATIONS Foreign ownership of land by 24 Name and principal office, change of by certain 52 CRIMES Penalties prescribed for certain felonies and all misdemeanors. 63 Venue, method of changing 70 COUNTIES Bridges, contracts with United States as to erection of 76 Bridges, over border rivers, authority as to 78 COUNTY BOARDS OF EDUCATION Accounts of members, approval of 87 COUNTY COURTS Judge pro hac vice , selection of 43 COUNTY JAILS Control of by County Commissioners 81 COURT CONTRACTS Law providing for repealed 29 D DAWSON SUPERIOR COURT Spring terms changed 37

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DEAD ANIMALS, ETC. Owners must bury 86 DEAF, SCHOOL FOR Appropriation to 12 DEBT, PUBLIC Bonds to pay 13 DEEDS Attestation, etc., without the State 73 DEFAULT Opening of 44 DEPOSITORIES, STATE Blackshear, may be located in 21 Change of, in event of failure to contract for interest 22 DOMESTIC WINES Sale of regulated 91 E EDUCATION Accounts members County Boards, approval of 87 ELECTION BLANKS To be furnished to Notaries Public 23 EVIDENCE Interrogatories, transmission by express 31 Subscribing witness, [Illegible Text] as to producing 31 Vulgar or obscene, hearings may be private 49 Writing admissible without testimony of subscribing witness, when 90

Page 474

F FARM, ETC., PRODUCTS Protection of consignors of 65 FELONIES Penalties prescribed for certain, and for misdemeanors 63 FISH Obstructions to passage of 33 FLOYD SUPERIOR COURT Terms of, changed 38 FOREIGN CORPORATIONS Ownership of land by 24 FOREIGN TRUSTEES AND GUARDIANS Right of defined, etc 85 G GAME Protection of, law as to amended 75 GEORGIA NORMAL AND INDUSTRIAL SCHOOL Appropriation for 10 GEORGIA SCHOOL FOR THE DEAF Appropriation for 12 GUARDIANS AND TRUSTEES Rights, etc., of foreign defined 85 H HARALSON SUPERIOR COURT Grand and traverse jurors for 37

Page 475

HEARING OF CAUSES May be private where evidence vulgar or obscene 49 I INSURANCE Confederate soldiers may be traveling agents without license 92 Full amount of policy to be paid 51 INTERFERENCE WITH OFFICERS Carrying out sentence, penalty for 69 INTERROGATORIES Transmission by express 31 IRWIN SUPERIOR COURT Fall terms changed 36 J JAILS Control of by County Commissioners 81 JURORS Tales, pay of 74 JUSTICE COURTS Justice disqualified, another may sit 49 JUSTICE OF THE PEACE May sit for disqualified Justice 49 L LANDLORD Lien of for supplies 25

Page 476

LIENS Affidavits to foreclose, who may administer oath 91 Landlord's, for supplies 25 Mechanics, material men, etc., as against owner of realty 27 LIVE STOCK COMPANIES Method of incorporating 53 LUNATIC ASYLUM Appropriation for 9 M MASTER AND SERVANT Contracts exempting master as to negligence 97 MATERIAL MEN Lien of, as against owner of realty 27 MECHANICS Lien of, as against owner of realty 27 MILITARY Volunteer forces, law as to organization, etc., amended 96 MILK, BUTTER AND CHEESE Sale, etc., Act regulating 66 MINERS Privileges for carrying off ore, etc. 20 MISDEMEANORS Penalty for prescribed 63 MUNICIPAL CORPORATIONS Eligibility of aldermen, etc., to other municipal offices 79

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N NEGLIGENCE Contracts exempting master as to 97 Receivers, etc., of railroads, liability for 103 NEW TRIAL Hearing of motions for in vacation 46 NORTHEASTERN RAILROAD Sale or lease of 88 NOTARIES PUBLIC Election blanks to be furnished to 23 O OBSTRUCTION OF JUSTICE Interference with officer 69 OFFICERS Arrests by out of county of residence 35 Interference with when carrying but sentence, etc. 69 Of municipalities, eligibility to other offices 79 OPIUM JOINTS Keeping, etc., prohibited 66 P PARTIES Method of making 47 PAULDING SUPERIOR COURT Jurors for 37 PEDDLING WITHOUT LICENSE Privilege extended to soldiers Indian or Mexican wars 19 PENALTIES For certain felonies and all misdemeanors prescribed 63

Page 478

PENITENTIARY CONVICTS Lease law amended 80 PENSIONS To certain widows 102 To dependent Confederate soldiers, law changed 17 PHOTOGRAPHIC, ETC., ARTISTS License tax on 13 PLEADING Law as to amended 44 POLK SUPERIOR COURT Jours for 37 PRACTICE Act regulating 44 Private hearings in certain cases 49 Vacation, hearings in 46 PULASKI SUPERIOR COURT Terms changed 38 R RAILROADS Location of as to initial or terminal points 60 Purchasers at sales of, rights of, etc 62 Receivers, etc., operating, liability for negligence 103 RECEIVERS, ETC., OPERATING RAILROADS Liability for negligence co-employees, etc 103 S SAVANNAH Sales under executions from City Court 35

Page 479

SCHOOL FOR COLORED PERSONS Branch State University, name of 91 , 95 SERVICE BY PUBLICATION Provided for in certain cases 42 SERVICE OF BILLS OF EXCEPTIONS Upon non-resident or unrepresented defendants 44 SOLDIERS Confederate, may be traveling insurance agents without license 92 Of Indian and Mexican wars, may peddle 19 STATE BANKS Circulation of notes by 59 STATE DEPOSITORY Blackshear, may be located at 21 Change of, for failure to contract as to interest 22 STATE NORMAL SCHOOL Appropriation for 10 STATE SCHOOL FOR COLORED PERSONS Name of 94 , 95 STATE VOLUNTEER FORCES Law as to organization, etc., amended 96 STREAMS Obstruction of as to passage of fish 33 SUBSCRIBING WITNESS Production of, exceptions as to 31

Page 480

SUPERIOR COURTS Practice in, act regulating 44 SUPREME COURT Organization changed, additional justices for, etc [Illegible Text] SUPREME COURT REPORTS Republication of certain volumes 81 T TAX On photographic, etc., artists 13 TREASURY, STATE Arithmometer and type-writer for 12 TRIALS May be private in certain cases 49 TRUSTEES AND GUARDIANS Rights, etc., of foreign defined 85 V VACATION Hearing in of motions for new trial, etc 46 VENUE Change of in criminal cases 70 VOLUNTEER FORCES Law as to organization, etc., amended 96 W WESTERN AND ATLANTIC RAILROAD Official surveys of, etc 99

Page 481

WIDOWS, OF CONFEDERATE SOLDIERS Pensions for in certain cases 102 WINES Sale of domestic regulated 91 WITNESS Subscribing, deed, etc., writing admissible 90 Subscribing, exceptions as to production of 31

Page 482

Index to Corporations, BANKS, LOAN, TRUST AND GUARANTEE CO'S. M MACON SAVINGS' BANK Charter amended 107 MONROE BANKING, LOAN AND GUARANTEE CO Charter amended 108 S SAVANNAH BANK AND TRUST CO. OF SAVANNAH Charter amended 109 T TITLE GUARANTEE AND LOAN CO. OF SAVANNAH Name changed 110 U UNION LOAN AND TRUST CO. Charter amended 111

Page 483

Index to Municipal Corporations. A ABBEVILLE System of public schools for 117 ALBANY Charter amended 119 ALPHARETTA Sale of domestic wines near academy 396 ALTO Town of incorporated 121 ATLANTA Charter amended 123 AUGUSTA Authorized to open Beaver Dam ditch 126 Authorized to increase water supply 127 B BATTLE HILL Incorporated 129 BOSTON Charter amended 139 BOWMAN Authorized to issue bonds 140 BRASWELL Incorporated 142

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BRUTON Name changed 144 C CAIRO Charter amended 144 CALHOUN New charter 145 CAMILLA Dispensary of liquors in 157 CARROLLTON Authorized to issue bonds 161 School law for, amended 162 Property tax in 163 CARTERSVILLE Charter amended 164 School law for, amended 167 CHICKAMAUGA Corporate limits reduced 169 CLARKSVILLE Authorized to issue bonds 169 COCHRAN Public schools for 171 COHUTTA Incorporated 184 COLUMBUS Charter amended 187

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CONYERS Water works and electric lights for 190 CORDELE Public schools for 191 COVINGTON New charter for 195 D DAHLONEGA Use of streets by railroads 203 DALTON Charter amended 204 Registration of business in 206 Mayor pro tem 207 DAWSON Election of city clerk 208 DECATUR Election and terms of mayor and councilmen 209 Registration and license of business in 212 DESOTO Sale of liquor in prohibited 213 DOUGLAS Incorporated 213 E ELBERTON New charter for 217

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F FORSYTH Business tax in 225 Corporate limits changed 226 G GRAYSVILLE Corporate limits changed 227 GUYTON Public schools for 228 Charter amended 231 H HAPEVILLE Charter amended 232 HAYNIE Act incorporating repealed 233 HOGANSVILLE Public school law amended 233 Authorized to issue bonds 235 J JAKIN Incorporated 236 K KINGSTON Charter amended 241 L LITHONIA Board of Education for 243 LOCUST GROVE Corporate limits extended 246

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M MACON Charter amended 247 Protection cemetery reserve 249 MADISON Charter amended 250 MANCHESTER Name changed, charter for College Park 251 MEIGS Sale of liquor in 256 MORGANTON Charter repealed 257 MOULTRIE New charter for 257 O OXFORD Public schools for 267 P PINEHURST Incorporated 270 Q QUITMAN Board of Education for 276 R ROBERTA Sale of liquors in prohibited 277 ROME Retirement of bonded debt 278 Charter amended 279 Corporate limits changed 280 Water commission for 281

Page 488

S SAVANNAH Title, etc., of old cemetery 286 Commissioner public works 287 Board of Fire Commissioners 292 Board of Tax-assessors and Receivers 297 Board of Water Commissioners 300 Park and Tree Commission 306 Board of Police Commissioners 309 Condemnation of property for streets 316 Arrests without corporate limits 317 Abercorn street 317 Appeals from police court abolished 318 Jurisdiction of police court extended 318 Sanitary limits extended 319 SHELLMAN Charter amended 319 STATHAM New charter for 320 T THOMASVILLE Improvement bonds 325 TRION Public schools in 326 W WADLEY Public schools for 328 WAYNESBORO Corporate limits extended 331 Authorized to issue bonds 332 Y YOUNG HARRIS Incorporated 334

Page 489

Index to Local and Private Laws. A ALPHARETTA Sale of domestic wines near academy 396 APPLING COUNTY Hunting and fishing on lands of others 402 ATLANTACITY COURT OF Compensation of bailiffs 356 B BERRIEN COUNTY Act for protection of fish repealed 402 BIBB COUNTY Bond of tax-receiver 337 Work of county convicts 414 BRYAN COUNTY Road law for 415 C CATOOSA COUNTY Compensation clerk County Commissioners 338 Act creating Board County Commissioners, amended 338 CHATHAM COUNTY Condemnation of toll roads 418

Page 490

CLARKE COUNTYCITY COURT Act creating amended 357 COFFEE COUNTY Board of County Commissioners for 339 City Court for established 358 General county court abolished 371 COLUMBIA COUNTY Buying or selling cotton seed in 419 COWETA COUNTY Manufacture of liquors in, prohibited 397 D DADE COUNTY Camp hunting in, by non-residents 403 DEKALB COUNTY Clerk of County Commissioners, compensation 341 City Court of, jurisdiction limited 371 DOUGLAS COUNTY State school fund of, to Douglasville College 420 E EFFINGHAM COUNTY Clerk of County Court 372 ELBERT COUNTY City Court, terms of 372 Keeping liquor, for illegal sale 398 Obstruction in streams and drainage 406 EMANUEL COUNTY County Court abolished 373

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F FANNIN COUNTY County Commissioners for 342 Fish in waters of, protected 404 County site changed to Blue Ridge 420 FORSYTH COUNTY Obstructions in streams in 408 G GLYNN COUNTY General county court abolished [Illegible Text] City Court of Brunswick for, established [Illegible Text] Bonds for debts 421 GWINNETT COUNTY City Court of established 384 General county court abolished 393 H HABERSHAM COUNTY County Commissioners for 343 Sale of liquors in 399 HART COUNTY Obstructions in streams, drainage [Illegible Text] L LIBERTY COUNTY Selling beef, pork and mutton in 425 LUMPKIN COUNTY County Commissioners for 346 M MACON COUNTY Payment of insolvent costs 426

Page 492

MADISON COUNTY Obstructions in streams, drainage 412 MILTON COUNTY Sale of domestic wines in 401 N NORTH GEORGIA AGRICULTURAL COLLEGE Property, charter, etc 430 P PIERCE COUNTY Payment to clerks of elections 426 R RICHMOND COUNTY City Court of, terms, etc., of 393 S SAVANNAH City Court of, officers of 394 SPALDING COUNTY Ordinary's office and court 348 Costs in misdemeanor cases 427 SWATTS, R. I. Relieved payment of bond 431 T THOMAS COUNTY Pay of Commissioners and Secretary 348 TROUP COUNTY Commissioners, how elected 349

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U UNITED FREEWILL BAPTIST CHURCH Trustees may sell certain land [Illegible Text] W WASHINGTON COUNTY School bonds 428 Payment of election managers 429 WAYNE COUNTY Fishing [Illegible Text] WEBSTER COUNTY Clerk of County Commissioners 350 WILCOX COUNTY Board of County Commissioners 351

Page 494

Index to Resolutions. A ASSISTANT DOORKEEPER OF SENATE Per diem of 434 C CLERK COMMITTEE ON PRIVILEGES AND ELECTIONS Compensation of 434 COMMITTEE (SPECIAL) ON PENITENTIARY Authority and duty of 435 COMMITTEE ON REVISION OF CODE Per diem and expenses 436 COMMITTEE (SPECIAL INVESTIGATING) Expenses of 437 COUPONS OF NORTHEASTERN RAILROAD Payment of 437 COTTON STATES INTERNATIONAL EXPOSITION Georgia Day at 437 D DEPARTMENT OF COMMERCE Congress requested to establish 439

Page 495

DRY DOCKS AT KEY WEST, FLA. Congress requested to establish 439 F FISH WAYS AT AUGUSTA Duty of Fish Commissioner as to 440 G GOVERNOR MAY BORROW MONEY To supply deficiencies 440 H HISTORICAL PUBLICATIONS OF GENERAL JAS. D. McBRIDE Accepted 440 Accepted 441 MAIL OF MEMBERS OF LEGISLATURE To be forwarded 441 MILITARY FUND OF 1894, BALANCE OF How applied 442 P PAYMENT TO W. P. McCLATCHY For services 442 PAYMENT TO M. A. HARDIN AND C. S. NORTHEN For services 443 PAYMENT TO JOHN FAVER For services 443 PAVEMENTS OF STREETS ADJOINING MANSION Payment for [Illegible Text]

Page 496

PER DIEM AND MILEAGE OF HON. COLUMBUS BLAIR Payment of 444 PENSION OF GEORGE B. WHITAKER Payment of 444 PENSIONS OF R. W. KNIGHT AND W. D. MASSEY Payment of 445 PENSIONS OF THOS. R. DANIEL AND WM. BRIDGES Payment of 446 PENSIONS OF JOHN B. SAILORS AND WM McGOVERN Payment of 446 PENSION OF R. I. G. BLAKE Payment of 447 PENSION OF W. C. SHORE Payment of 447 PENSION OF JEREMIAH SANDERS Payment of 448 PORTRAIT OF HON. N. J. HAMMOND Accepted 448 PORTRAIT OF HON. ROBERT TOOMBS Bought 449 R RELIEF OF POSTAL TELEGRAPH CABLE CO Failure to make returns 449

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RELIEF OF ELECTRIC RAILWAY CO. OF SAVANNAH Failure to make tax returns 450 RELIEF OF NORTH HIGHLANDS RAILROAD CO Failure to make tax returns 451 RELIEF OF BRUNSWICK STATE BANK From payment of interest 451 RELIEF OF BRUNSWICK STREET RAILROAD CO. Failure to make tax returns 453 RELIEF OF COLLINS PARK BELT RAILROAD CO. Failure to make tax returns 453 RELIEF OF BRUNSWICK TERMINAL RAILROAD CO. Failure to make tax returns 454 RELIEF OF WILLIS FIELDS As bondsman of J. W. Griffin 454 RELIEF OF J. M. WILLIAMS Professional tax [Illegible Text] RELIEF OF J. D. LAING Of penalties [Illegible Text] RELIEF OF J. S. McGAHEE As bondsman of Albert Seay 456 REVOCATION OF GRANT TO UNITED STATES Battlefield of Chickamauga 457 ROAD FROM ATLANTA TO McPHERSON BARRACKS Congress requested to build 458

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S STATE CAPITOL AND EXECUTIVE MANSION Repairs of 457 SPECIMENS OF WOOD, MINERALS, ETC. Disposition of 458 U UNION OF CHURCH AND STATE Condemned 459 UNFINISHED BUSINESS OF LEGISLATURE How completed 459 W WESTERN ATLANTIC RAILROAD COMMISSION Compensation 460 WESTERN ATLANTIC RAILROAD Settlements for 461 WALL STREET, CITY OF ATLANTA Grant from State 462