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 Page 1 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. Page 2 GEO. W. HARRISON, STATE PRINTER, Atlanta Ga. Page 3 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. Page 5 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. Page 7 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. Page 8 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. Page 9 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. Page 10 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. Page 11 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 Page 12 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. Page 13 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. Page 14 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 Page 15 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 Page 16 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. Page 17 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. Page 18 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 Page 19 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. Page 20 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. Page 21 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 Page 22 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 Page 23 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 Page 24 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. Page 25 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 Page 26 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 Page 27 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. Page 28 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. Page 29 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. Page 30 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 Page 31 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. Page 32 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. Page 33 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. Page 34 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,. Page 35 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. Page 36 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. Page 37 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 Page 38 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. Page 39 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. Page 40 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 Page 41 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 Page 42 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. Page 43 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 Page 44 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 Page 45 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 Page 46 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, Page 47 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 Page 48 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 Page 49 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 Page 50 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. Page 51 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, Page 52 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 Page 53 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. Page 54 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. Page 55 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. Page 56 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. Page 57 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. Page 58 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; Page 59 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. Page 60 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 Page 61 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. Page 62 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 Page 63 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 Page 64 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. Page 65 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 Page 66 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 Page 67 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. Page 68 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. Page 69 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 Page 70 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. Page 71 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: Page 72 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 Page 73 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 Page 74 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 Page 75 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. Page 76 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. Page 77 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 Page 78 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 Page 79 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. Page 80 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 Page 81 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 Page 82 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. Page 83 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 Page 84 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. Page 85 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 Page 86 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] Page 88 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; Page 89 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. Page 90 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. Page 91 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. Page 92 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. Page 93 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 Page 94 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. Page 95 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. Page 96 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. Page 97 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 Page 98 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 Page 99 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. Page 100 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 Page 101 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. Page 102 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 Page 103 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. Page 104 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 Page 105 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. Page 106 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 Page 107 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. Page 108 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 Page 109 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 Page 110 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. Page 111 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 Page 112 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 Page 113 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. Page 114 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: Page 115 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. Page 116 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 Page 117 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. Page 118 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 Page 119 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 Page 120 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 Page 121 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 Page 122 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. Page 123 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. Page 124 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 Page 125 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. Page 126 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. Page 127 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, Page 128 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. Page 129 Part II.Corporations. TITLE I.RAILWAY COMPANIES. TITLE II.BANKS. Page 131 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 Page 132 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 Page 133 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 Page 134 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. Page 135 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 Page 136 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. Page 137 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. Page 138 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. Page 139 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. Page 141 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 Page 142 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 Page 143 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. Page 144 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 Page 145 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. Page 146 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. Page 147 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, Page 148 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 Page 149 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 Page 150 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 Page 151 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 Page 152 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. Page 153 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; Page 154 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 Page 155 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; Page 156 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 Page 157 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. Page 158 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. Page 159 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 Page 160 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 Page 161 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 Page 162 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. Page 163 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. Page 164 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. Page 165 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. Page 166 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. Page 167 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. Page 168 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 Page 169 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 Page 170 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 Page 171 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 Page 172 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. Page 173 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. Page 174 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 Page 175 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, Page 176 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 Page 177 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, Page 178 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 Page 179 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. Page 180 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. Page 181 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. Page 182 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. Page 183 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 Page 184 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 Page 185 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. Page 186 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] Page 187 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 Page 188 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 Page 189 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. Page 190 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 Page 191 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, Page 192 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 Page 193 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 Page 194 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 Page 195 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. Page 196 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 Page 197 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 Page 198 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 Page 199 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 Page 200 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, Page 201 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. Page 202 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. Page 203 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 Page 204 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 Page 205 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. Page 206 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, Page 207 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, Page 208 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. Page 209 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. Page 210 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 Page 211 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. Page 212 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 Page 213 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. Page 214 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. Page 215 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. Page 216 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 Page 217 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. Page 218 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. Page 219 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. Page 220 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 Page 221 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 Page 222 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. Page 223 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 Page 224 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. Page 225 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. Page 226 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 Page 227 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. Page 228 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, Page 229 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 Page 230 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 Page 231 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. Page 232 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. Page 233 Page 234 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. Page 235 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 Page 236 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 Page 237 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 Page 238 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. Page 239 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. Page 240 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. Page 241 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 Page 242 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. Page 243 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. Page 244 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. Page 245 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. Page 246 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. Page 247 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 Page 248 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 Page 249 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 Page 250 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 Page 251 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. Page 252 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 Page 253 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 Page 254 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. Page 255 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. Page 256 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. Page 257 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. Page 258 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 Page 259 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. Page 260 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 Page 261 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 Page 262 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, Page 263 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. Page 264 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. Page 265 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 Page 266 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. Page 267 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 Page 268 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 Page 269 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] Page 270 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. Page 271 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. Page 272 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 Page 273 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 Page 274 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 Page 275 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. Page 276 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 Page 277 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. Page 278 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] Page 279 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. Page 280 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. Page 281 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 Page 282 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. Page 283 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 Page 284 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 Page 285 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. Page 286 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 Page 287 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 Page 288 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 Page 289 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 Page 290 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 Page 291 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 Page 292 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 Page 293 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 Page 294 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 Page 295 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. Page 296 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. Page 297 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. Page 299 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 Page 300 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 Page 301 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 Page 302 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 Page 303 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 Page 304 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 Page 305 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 Page 306 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 Page 307 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 Page 308 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 Page 309 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 Page 310 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 Page 311 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 Page 312 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 Page 313 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 Page 314 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 Page 315 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 Page 316 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 Page 317 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, Page 318 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. Page 319 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. Page 320 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. Page 321 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. Page 322 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. Page 323 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. Page 325 TREASURER'S REPORT. Page 326 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. Page 9 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 Page 10 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 Page 11 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. Page 12 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. Page 13 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 Page 14 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. Page 15 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, Page 16 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 Page 17 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 Page 18 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. Page 19 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, Page 20 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 Page 21 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, Page 22 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 Page 23 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. Page 24 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 Page 25 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. Page 26 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 Page 27 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 Page 28 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. Page 29 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, Page 30 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 Page 31 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 Page 32 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. Page 33 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. Page 34 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. Page 35 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. Page 36 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. Page 37 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. Page 38 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 Page 39 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. Page 40 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. Page 41 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 Page 42 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. Page 43 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. Page 44 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 Page 45 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 Page 46 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. Page 47 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 Page 48 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. Page 49 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, Page 50 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. Page 51 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 Page 52 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, Page 53 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. Page 54 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 Page 55 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, Page 56 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 Page 57 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. Page 58 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. Page 59 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. Page 60 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 Page 61 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. Page 62 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. Page 63 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, Page 64 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. Page 65 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. Page 66 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 Page 67 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 Page 68 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 Page 69 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 Page 70 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 Page 71 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 Page 72 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. Page 73 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 Page 74 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. Page 75 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. Page 76 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. Page 77 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 Page 78 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 Page 79 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 Page 80 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. Page 81 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 Page 82 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 Page 83 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 Page 84 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. Page 85 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. Page 86 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. Page 87 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 Page 88 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 Page 89 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. Page 90 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 Page 91 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 Page 92 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 Page 93 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 Page 94 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 Page 95 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. Page 96 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, Page 97 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. Page 98 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. Page 99 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 Page 100 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 Page 101 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. Page 102 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. Page 103 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. Page 105 Part II.Corporations . TITLE I.BANKS, LOAN, TRUST AND GUARANTEE COMPANIES. Page 107 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 Page 108 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 Page 109 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, Page 110 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. Page 111 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. Page 113 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. Page 115 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. Page 116 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. Page 117 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,