Acts of the General Assembly of the State of Georgia Georgia Law, Georgia Georgia. Acts and resolutions of the General Assembly of the State of Georgia ATLANTA, GEORGIA: GEO. W. HARRISON, STATE PRINTER 18960000 English

ACTS AND RESOLUTIONS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA. 1896 18960000 COMPILED AND PUBLISHED BY AUTHORITY. ATLANTA, GEORGIA: GEO. W. HARRISON, STATE PRINTER. (Franklin Printing and Publishing Company.) 1897.

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

TABLE OF TITLES. Part I.Public Laws. TITLE I.APPROPRIATIONS. TITLE II.TAXES AND PUBLIC DEBT. TITLE III.CODE AMENDMENTS. TITLE IV.COURTS. TITLE V.RAILROADS AND OTHER CORPORATIONS. TITLE VI.PENSIONS. TITLE VII.MISCELLANEOUS. Part II.Corporations. TITLE I.RAILROADS AND INSURANCE COMPANIES. TITLE II.BANKING, LOAN AND TRUST COMPANIES. Part III.Local Laws. TITLE I.MUNICIPAL CORPORATIONS. TITLE II.COUNTY OFFICERS. TITLE III.CITY AND COUNTY COURTS. TITLE IV.EDUCATION. TITLE V.MISCELLANEOUS. Part IV.Private Laws. Part V.Resolutions.

STATUTES OF GEORGIA PASSED BY THE GENERAL ASSEMBLY OF 1896. Part I.Public Laws. TITLE I.APPROPRIATIONS. TITLE II.TAXES AND PUBLIC DEBT. TITLE III.CODE AMENDMENTS. TITLE IV.COURTS. TITLE V.RAILROADS AND OTHER CORPORATIONS. TITLE VI.PENSIONS. TITLE VII.MISCELLANEOUS.

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TITLE I. APPROPRIATIONS. ACTS. For the support of Government, etc., 1897 and 1898. For furnishing rooms Justices and Officers Supreme Court. For deficit Georgia School for the Deaf. For reimbursing Code Commissioners. For printing and publishing Code of 1895. FOR THE SUPPORT OF GOVERNMENT, ETC., 1897 AND 1898. No. 131. 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 1897 and 1898, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Goergia, and it is hereby enacted by the authority of the same, That the following sums of money be, and the same are, hereby appropriated

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on account of the Executive Department of the Government for each of the fiscal years 1897 and 1898, to the person and for the purposes respectively hereinafter mentioned and set forth, viz.: Executive Department. For salary of the Governor of the State, 3,000 dollars. Governor. For salary of the Secretary of State, 2,000 dollars. Secretary of State. For salary of the Treasurer of State, 2,000 dollars. Treasurer. For salary of the Comptroller-General of State, 2,000 dollars. Comptroller-General. For salary of the Attorney-General of State, 2,000 dollars. Attorney General. For salary of Special Attorney Western and Atlantic Railroad, two thousand dollars for year 1897, and for the year 1898 two thousand dollars, provided the Governor shall deem it necessary to retain him in the service for 1898. Special attorney W. A. R. R. For salary of the Commissioner of Agriculture, 2,000 dollars. Commissioner Agriculture. For salary of the Principal Keeper of the Penitentiary, 2,000 dollars. Principal Keeper Penitentiary. For salary of the Assistant Keeper of the Penitentiary, 1,200 dollars. Assistant Keeper. For salary of the Principal Physician of the Penitentiary, 2,000 dollars. Principal Physician Penitent'y. For salaries of the Railroad Commissioners, each, 2,500 dollars. Railroad Commis'rs. For salary of the Clerk of the Railroad Commission, 1,200 dollars. Clerk R. R, Commis'n. For salary of the State School Commissioner, 2,000 dollars. State SchoolCommissioner. For salary of the State Librarian, 1,800 dollars. State Librarian. For salary Assistant Librarian, 800 dollars. Assistant Librarian. For salary of the Resident Physician of the Asylum, 2,500 dollars. Physician Asylum. For salaries of the Secretaries and Clerks of the Executive Office, 6,000 dollars. Secretaries and clerks Executive Departm't. For salary of Clerk of Secretary of State, 1,000 dollars. Clerk Sec'y of State. For salary of Clerk of Treasurer of State, 1,600 dollars. Clerk State Treasurer. For salaries of Clerks in the Comptroller-General's office, including the Insurance Department and Clerk in the Wild Land office, 4,000 dollars. Clerks Comptroller-General. For salary of Clerk of Commissioner of Agriculture, 1,200 dollars. Clerk Commission'r of Agriculture For salary of the Clerk of the State School Commissioner, 1,200 dollars Clerk State School Commis'er. For salary of Clerk of State Bank Examiner (Act of 1891), 1,200 dollars. Clerk State Bank Examiner. For services of the Stenographer of Attorney-General (Act of 1891), 600 dollars. Stenographer Attorney-Gen'l. For salary of Commissioner of Pensions, 2,000 dollars. Commissioner of Pensions. SEC. 2. 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

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of the fiscal years 1897 and 1898, and for the purposes hereinafter mentioned and set forth, viz.: Judicial Department. For salaries of the Supreme Court Judges, each, 3,000 dollars. Supreme Ct Judges. For salaries of Superior Court Judges, each, 2,000 dollars. Superior Ct. Judges. For salaries of the Solicitors-General, each, 250 dollars. Sol'rs Gen. For salaries of the Supreme Court Reporters, each, 2,000 dollars. Supreme Ct. Rep'rs. For salaries of the Supreme Court Stenographers, each, 1,500 dollars. Supreme Ct. Stenographers. For salary of the Sheriff of the Supreme Court, 1,000 dollars. Sheriff Supreme Ct. SEC. 3. 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 1897 and 1898, 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 of Senate and Speaker House Representatives. 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 General Assembly. 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 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 October 8, 1879. Clerk House of Representatives. 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, four dollars per diem, and the same mileage allowed members of the General Assembly. Doorkeepers, messengers and postmasters. For compensation of three gallery-keepers of the Senate, and three for the House of Representatives, four dollars per diem each. Gallery-keepers. For compensation of two assistant doorkeepers of the Senate, and three assistant doorkeepers of the House of Representatives, four dollars per diem each. Assistant Doorkeepers. For compensation of the chaplain of the Senate and of the House of Representatives each, four dollars per diem. Chaplains. For compensation of four porters of the Senate and seven porters

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of the House of Representatives, two dollars per diem, each, and for one additional porter in the Senate for the year 1896, two dollars per diem. Porters. For compensation of four pages of the Senate and eight pages of the House of Representatives, and one elevator boy, two dollars per diem each, and for two additional pages in the Senate for the year 1896, two dollars per diem each. Pages. For compensation of one attendant of the Senate and one attendant of the House of Representatives for services in keeping and cleaning the water-closets at the capitol during the session, 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 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, For the payment for one hundred (100) chairs for use of committee rooms, one hundred and 70/100 dollars ($100[UNK]). Chairs Committee Rooms. SEC. 4. Be it further enacted by the authority aforesaid, That 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 1897 and 1898, as follows: Public Institutions. For support and maintenance of the Academy for the Blind and for salaries of its officers, 20,000 dollars, or so much thereof as may be necessary; 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. Academy for the Blind. For the support and maintenance of the School for the Deaf and pay of its officers, attachs, etc., 25,000 dollars, or so much thereof as may be necessary; provided, that the Governor shall require of the Superintendent an itemized statement monthly of all expenditures, which statement shall be approved by a quorum of the Executive Committee. For steam heating, 5,000 dollars; for electric

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lighting, 2,000 dollars; for shop equipment, 2,500 dollars; for painting tin deck roofing, cornice, window panes, etc., of all buildings, 1,500 dollars; or so much thereof as may be necessary. School for the Deaf. For the support and maintenance of the Lunatic Asylum for the year 1897, 280,000 dollars, or so much thereof as may be necessary; and for the year 1898, 290,000 dollars, or so much thereof as may be necessary, to be expended only when directed by the Board of Trustees; and for the construction of a duplicate water-main, 5,000 dollars. 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 for ordinary repairs 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 expenditures of same meet the approval of the Governor. Lunatic Asylum. For the State University at Athens, the sum of 22,500 dollars, to be used for its support and maintenance, and for necessary repairs and buildings, and the furnishing and equipping thereof; it being understood that 8,000 dollars of this amount is appropriated as payment of the interest on the debt due by the State to the University. State University. For State University for the support and maintenance of the School of Technology, 22,500 dollars, or so much thereof as may be necessary; and in addition thereto, the sum of ten thousand dollars per annum for the years 1897 and 1898, to be expended by the Board of Trustees in providing suitable dormitories, and also to equip and increase the efficiency of the present departments, and especially to establish therein a department of Electrical Science; 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

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General Assembly. Further, that this shall apply to all educational institutions supported by the State, and that the same be printed and bound under the title of Reports of Educational Institutions, for public distribution 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, 22,900 dollars. Georgia Normal and Industrial College. For State University for support, maintenance and repairs in building of the North Georgia Agricultural College, a branch of the University located at Dahlonega, the sum of 6,000 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, 22,500 dollars; provided, that the Commission or Local Board of Trustees be authorized to expend such part of said appropriation as they may think proper for building and furnishing. State Normal School. For the University for the colored people, under the Act approved November 26, 1890, the sum of 8,000 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 Script Fund, and due the State University, $6,314.14. Land Script fund. For the support of the common schools, 600,000 dollars for the year 1897, and 1,000,000 dollars for the year 1898; and in addition thereto, for each of said years whatever funds may be in the Treasury at the time of making the apportionment as required by section 1271 of the Code of 1882, which funds properly belong to the school fund, as provided by laws now of force, and enumerated in section 1272 of the Code of 1882. Common Schools. SEC. 5. 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: 100,000 dollars (to be paid out of the sinking fund) on bonds maturing January 1, 1898. Public debt Bond maturing Jany. 1, 1898. To pay the interest maturing in each of the years 1897 and 1898, the respective sums of 350,630 dollars and 346,130 dollars. Interest maturing 1897 and 1898. SEC. 6. 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 each of the years 1897 and 1898. Miscellaneous.

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For the Department of Agriculture, the sum of 10,000 dollars, as provided by section 1465(F), Code 1882. Depar riculture. For salary of Chemist of Agricultural Department the sum of 3,000 dollars, as provided by section 1553(C), Code 1882; and for salaries of two Assistant Chemists, as provided by the Act of 1891, the sum of one thousand dollars each. Said salaries of the Chemist's Assistants shall be paid out of the fees arising from the inspection of fertilizers, as provided by the Act of 1891. 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 8,000 dollars as provided by Act of 1889. Geological survey. For contingent fund, the sum of 15,000 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 1,000 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. Contingent fund. Georgia Experiment Station. State Board of Pharmacy. For contingent expenses Railroad Commission in paying incidental expenses of office, the hire of a porter, etc., the sum of 800 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 opinions of the court, hiring a porter, etc., the sum of 1,200 dollars, or so much thereof as may be necessary. Contingent expenses Supreme Court. For the Printing Fund, the sum of 15,000 dollars, or so much thereof as may be necessary; of which the sum of $1,500 shall be devoted to the publication of the reports of the Geological Bureau. Printing fund. For the printing fund of the Railroad Commission the sum of 1,000 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 the repairs of 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 20,000 dollars, or so much thereof as

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may be necessary; of which sum 2,000 dollars shall be paid to the keeper of public buildings for salary, in each of the years 1897 and 1898, provided there shall be an itemized account of the various matters, upon which these payments are made, presented to the Governor before he issues his warrant therefor. Public buildings, etc. Keeper public buildings. For organizing, arming, equipping, clothing, drilling and training the volunteer forces of the State as provided by the Act of 1889, and for purposes of administration of several military departments of the State, and to increase the military fund (all under direction of the Governor), the sum of 25,000 dollars. Volunteer forces. For expenses of officers in visiting and inspecting convict camps, as provided by section 4821(H) of the Code of 1882, the sum of 2,000 dollars, or so much thereof as may be necessary. Inspection convict camps. For insurance of public property, as provided by the Act of 1883, the sum of 8,000 dollars, or so much thereof as may be necessary, provided that so much of said sum as may be necessary shall be used for the insurance of the boilers in the capitol building. Insurance public property. For public library and such other articles and supplies as may be needed by the Supreme Court, in the conduct of its business for which provision is not elsewhere made, to be expended as the Judges of the Supreme Court may direct, 3,000 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 six thousand dollars, or so much thereof as may be necessary. Printing Supreme Court Reports. For binding the Journals, as provided by the Act of 1889, the sum of 550 dollars, or so much thereof as may be necessary. 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 2,500 dollars, as provided by the Act of 1889, or so much thereof as may be necessary. Trustees Lunatic Asylum. To pay the Trustees of the State University, as provided by the Act of 1889, the sum of 4 dollars per diem each, for expenses at 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 190,000 dollars, or so much thereof as may be necessary. Maimed and disabled Confederate soldiers. To pay indigent soldiers, as provided by Act approved December 15, 1894, the sum of 150,000 dollars. Indigent soldiers. To pay the widows of such Confederate soldiers as may have died in the service of the Confederate States, or since, from wounds

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received therein or diseases contracted in the service of the Confederate States, the sum of 240,000 dollars, or so much thereof as may be necessary. Widows of Confederate soldiers To pay the fees of Solicitors-General in criminal cases before the Supreme Court such amounts as may be due under the fee bill as provided in section 1646, Code of 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 costs 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 the said court, before receiving compensation therefor, as provided by Act of 1857. Clerk Supreme C'rt costs in pauper criminal cases. To pay Chaplains to convicts, and committees visiting the various convict camps as required by Code 1882 (addenda), section 4813(L) and 4813(O), the sum of 2,000 dollars, or so much thereof as may be necessary. Chaplains to convicts and committee to convict camps. SEC. 7. Be it enacted by the authority aforesaid, That in making the appropriations hereinbefore mentioned, that when said appropriations are to be paid to persons or for particular objects, same shall be paid from the funds arising from the sources now provided by law. What funds available for appropriations. SEC. 8. 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 officers in any department of said government; and should extra service or 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.

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SEC. 9. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 24, 1896. FOR FURNISHING ROOMS JUSTICES AND OFFICERS SUPREME COURT. No. 22. An Act to appropriate the sum of twelve hundred dollars to be used in furnishing additional rooms for accommodation of the Justices and officers of the Supreme Court. SECTION 1. Be it enacted, etc., That the sum of twelve hundred dollars, or so much thereof as may be necessary, be appropriated to be used in furnishing additional rooms for the Justices and officers of the Supreme Court, and to be expended under the direction of said Justices; the bills therefor are hereby made payable on the approval of said Justices by the State Treasurer on the warrant of the Governor. Amount appropriated. How to be expended, etc. Approved December 12, 1896. FOR DEFICIT GEORGIA SCHOOL FOR THE DEAF. No. 23. An Act to appropriate twenty-five hundred dollars to meet a deficit incurred by the Board of Trustees of the Georgia School for the Deaf for the year ending September 30, 1896, by reason of a large increase in the number of pupils. SECTION 1. Be it enacted by the General Assembly of Georgia, That twenty-five hundred dollars be appropriated to the Board of Trustees of the Georgia School for the Deaf to meet a deficit incurred in the expenditures of said school in excess of the appropriation on account of a large increase in the number of pupils. Amount appropriated. Cause and purpose of. SEC. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 12, 1896.

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FOR REIMBURSING CODE COMMISSIONERS. No. 117. An Act to appropriate the sum of twenty-seven hundred and fifty dollars for the purpose of reimbursing the Commissioners to codify the laws of Georgia, appointed under the Act of the General Assembly approved December 19th, 1893, for certain expenditures incurred by them in the matter of performing their duties as such codifiers. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That the sum of twenty-seven hundred and fifty dollars be, and the same is, hereby appropriated for the purpose of reimbursing the Commissioners to codify the laws of Georgia, appointed under the Act of the General Assembly, approved December 19th, 1893, for the expenses incurred by them in performing their duties as such Commissioners, which expenses were necessarily incurred and were not contemplated to be paid by them out of the compensation heretofore provided for their services as such codifiers; said expenses being as follows: Amount appropriated. For what purpose. Amount paid for the copyright of cross-references to Code of '82, paid for by J. R. Lamar, one of the Commissioners $ 500 00 Clerical assistance necessarily employed by Mr. J. R. Lamar, in the performance of the work 700 00 Amount paid by Clifford Anderson, one of the Commissioners, for the copyright of the annotations to the Code of '82 750 00 Clerical assistance necessarily employed by Clifford Anderson in the performance of the work 800 00 $2,750 00 The Governor of the State is hereby authorized to draw his warrants on the Treasurer of the State for twenty-seven hundred and fifty dollars in the aggregate, in favor of said J. R. Lamar and Clifford Anderson, Commissioners as aforesaid, for the sums to which they are respectively entitled, as above set forth; provided, that before the Governor shall draw his warrants for the sums herein appropriated for copyrights, the said Commissioners shall file with the Secretary of State proper conveyances to the State for

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the copyrights of the cross-references to the Code of 1882, and of the annotations to the Code of 1882. How and to whom to be paid. Proviso. SEC. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 24, 1896. FOR PRINTING AND PUBLISHING CODE OF 1895. No. 130. An Act to appropriate thirty-five thousand dollars to pay for printing and publishing the Code of 1895, and to pay for superintending the printing of said Code. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, That the sum of thirty-five thousand dollars ($35,000), or so much thereof as may be necessary, be, and the same is, hereby appropriated to pay for the printing the Code of 1895 of this State, according to the terms of the contract for doing said work, and for superintending the printing of said Code. Amount appropriated. SEC. 2. Be it further enacted, That the Governor is authorized to draw his warrant in such sums from time to time in favor of the printers and publishers of said Code for so much of said fund as may be necessary to pay said printers and publishers for said work, in compliance with the contract made with them for doing said work. Pay of publishers. SEC. 3. Be it further enacted, That the Governor is authorized to draw his warrant on said funds in favor of John L. Hopkins and Joseph R. Lamar for the sum of twelve hundred dollars, in full payment of services rendered by them in superintending the printing and publishing said Code, under the contract made with them pursuant to the Act of the General Assembly, approved December 16th, 1895. Services of Code Commissioners. SEC. 4. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 24, 1896.

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TITLE II. TAXES AND PUBLIC DEBT. ACTS. General Tax Act for 1897 and 1898. Tax to create sinking fund to pay bonds. Requiring tax-collectors to make monthly reports and payments. Exempting traveling salesmen from municipal tax. Requiring payment of professional tax before practicing. GENERAL TAX ACT FOR 1897 AND 1898. No. 132. 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 pay maimed Confederate soldiers and widows of Confederate soldiers such amounts as are allowed them by law for each of the fiscal years eighteen hundred and ninety-seven and eighteen hundred and ninety-eight; and to prescribe what persons, professions, and property are liable to taxation; to prescribe the method 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 taxpayers, and to provide penalties and forfeitures for non-payment of taxes, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, That the Governor be authorized and empowered, with the assistanee of the Comptroller-General, to assess and levy a tax on the taxable property of the State for each of the fiscal years eighteen hundred and ninety-seven and eighteen hundred and

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ninety-eight of 3[UNK] mills; and the Governor be, and is, hereby authorized and empowered, by and with the assistance of the Comptroller-General, to assess and levy in addition to the foregoing general State tax a tax of 2[UNK] mills for each of the years eighteen hundred and ninety-seven and eighteen hundred and ninety-eight, on all 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. For support of government. For educational purposes. SEC. 2. 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-seven and eighteen hundred and ninty-eight. 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 returns of property for taxation, a poll-tax of one 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 practitioner of law, medicine, or dentistry, president of each of the banks of the State, the president of each of the railroad companies, presidents of each of the express, telegraph, telephone, electric light, and gas companies doing business in this State, and in case the presidents of any such companies do not reside in this State, then, in such case, upon the superintendent or general agent of such companies who may reside in this State, ten dollars, and no municipal corporations or county authorities shall levy any additional tax on said professions, either as a license fee or otherwise. Lawyers, doctors, dentists, and presidents of corporations. Third. Upon every daguerrean, ambrotype, photographic, and similar artist, ten dollars, and tax shall be required of them in only one county; provided, this Act shall not authorize any traveling photographer to do business in any incorporated town or city where there is located a permanent photographer, and upon each agent or firm negotiating loans and charging therefor, ten dollars in each county in which they may carry on business. Photographers and similar artists. Loan agents. Fourth. Upon every person carrying on the business of auctioneer, for pay or compensation, twenty-five dollars for each county in which they may carry on such business. Auctioneers.

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Fifth. Upon every keeper of a pool, billiard, or bagatelle table, kept for public use, whether in a barroom, hotel, or other public place, twenty-five dollars for each table. Keepers of pool, billiard and 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 dollars in each county. Keepers of gaming places. Seventh. Upon every keeper of a ten-pin alley, or alley of like character, kept for public play, upon every keeper of a shooting-gallery, twenty-five dollars for each place of business. Keepers of ten-pin alleys and shooting-galleries, Eighth. Upon every traveling vendor of patent or proprietary medicines, special nostrums, jewelry, paper, soap, or other medi cines, fifty dollars in each county where they may offer such articles for sale. Vendors of patent medicines, etc. Ninth. Upon every local insurance agent or firm of agents, or insurance broker or firm of brokers doing business in this State, ten dollars for each county in which they shall solicit business; and upon every agent of a matrimonial, natal, or nuptial company, one hundred dollars for each county in which they shall do business; and upon every traveling or special or general agent of life, fire, accident, or other insurance company doing business in this State, fifty dollars, which said tax must be paid before said 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 requested 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 installments not exceeding $1.05 per week. Insurance agents and brokers. Agents of matrimonial companies, etc. Traveling insurance agents. License. Exemptions. Tenth. Upon each emigrant agent or employer or employee of

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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 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. Twelfth. Upon all itinerant lightning rod dealers or agents, the sum of fifty dollars for each and every county in which they operate; provided, this tax shall not be required of any indigent or disabled Confederate soldier; and this tax shall be required if selling by orders or otherwise. Itinerant Lightning-rod agents. Thirteenth. Upon all shows and exhibitions (except such as histrionic, musical, operatic and elocutionary), including the side shows accompanying circus companies, fifty dollars in each and every city or town of five thousand inhabitants; forty dollars in cities or towns of four thousand and under five thousand inhabitants, and thirty dollars in towns of less than four thousand inhabitants. Said tax so collected shall be for educational purposes. Shows. 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, menagerie, hippodrome, spectacle, or show implying a circus, in or near cities or towns of five thousand inhabitants, or more, four hundred dollars; in or near cities or towns of four thousand inhabitants and under five thousand inhabitants, three hundred dollars; and in or near cities or towns of less than four thousand inhabitants, two hundred dollars each day it may exhibit in the State of Georgia, and upon all dog or horse shows, or shows of like character, beneath a tent, canvas, or enclosure, ten dollars for each day it may exhibit in the State of Georgia. Said tax shall be for educational purposes. Circuses. Dog and horse shows. Fifteenth. Upon all dealers in spirituous or malt liquors, intoxicating bitters, or brandy fruits, domestic wines, whether dealing in any or all thereof, one hundred and fifty dollars for each place of business in each county where the same are manufactured or sold; provided, this tax shall not relieve such dealers from any local tax or prohibitory law in reference to the retail of spirituous or intoxicating liquors, nor be required of those who sell by wholesale spirits manufactured of apples, peaches, grapes, black-berries, 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

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on the lands owned, leased or rented by said dealer. Said tax shall be for educational purposes. Liquor dealers. 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 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), whether said business is done through regularly organized stock and cotton exchange or boards of trade, the sum of one thousand dollars each per annum for each county where such business is carried on; provided, that this tax shall not be demanded of any cotton warehouseman, dealer in cotton, or any provision broker who takes orders in the regular course of their trade, only for the actual and bona fide delivery of cotton and other produce so ordered, and where, by the terms of the contract, it is not left to the option of the party so ordering, 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. Dealers in futures. Exemptions. Eighteenth. Upon every peddler of stoves or ranges for cooking purposes, the sum of two hundred dollars in every county in which such peddlers may do business; and upon each traveling vendor of patent churns and patent fences, and all patent rights thereof, the sum of ten dollars in each county in which they offer such articles or patents for sale. Peddlers of stoves and ranges. Vendors of patents. Nineteenth. Upon all packing-houses or dealers doing business in this State, whether carried on by the owners thereof or by their agents, one hundred dollars 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, one hundred 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 peddlers may do business. Peddlers of clocks. Twenty-second. Upon all itinerant doctors, dentists, opticians, or specialists of any kind doing business in this State, ten dollars

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for each county in which they may do business; provided, the provisions of this paragraph shall not apply to persons whose fixed places of business is in a county of this State and have paid the tax required by paragraph 2, section 2. Itinerant doctors, dentists and specialists. Twenty-third. Upon all brewing companies, two hundred dollars, and upon all others who are engaged in the sale of beer, whether on consignment or otherwise, who have not paid the tax as liquor dealers imposed by paragraph fifteen (15) of this section, in each county where they carry on business, two hundred dollars. Brewing companies. Twenty-fourth. Upon each pawnbroker, fifty dollars for each place of business. Pawnbrokers. Twenty-fifth. Upon all mercantile and collecting agencies, commercial agencies and all other agencies of like character, fifty dollars in every county where they have established an office. Commercial agencies. SEC. 3. Be it further enacted by the authority aforesaid, That the taxes provided for in paragraphs 1 and 2 of this Act shall be returned to the tax-receiver in the county of the residence of the person liable to such tax, and shall, by the receiver of tax returns, be entered upon his digest of taxable property; and that the taxes provided for in paragraphs 3, 4, 5, 6, 7, 8, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, and 25, of section two (2) of this Act, shall be returned and paid to the tax-collector of the counties where such vocations are carried on. General tax returns. Special taxes, how returned and paid. SEC. 4. Be it further enacted by the authority aforesaid, That the taxes provided for in paragraphs 3, 4, 5, 6, 7, 8, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, and 25, of section two (2) of this Act, shall be paid in full for the fiscal years for which they are levied to the tax-collector 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 1039 of volume III. of the Code of 1895, or both, in the discretion of the court. One half of said fine shall be applied to the payment of the

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tax, and the other to the fund of fines and forfeitures for use of officers of court. Special taxes, when paid. Registration of business. Penalty for failure to register and pay special tax. SEC. 5. 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 or 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; provided, however, that all loans by such companies secured by real estate mortgages and by stocks and bonds, in which such companies are authorized to make investments, shall not be considered as a brokerage or banking business, or a business pertaining thereto; and provided further, that the tax required by this section shall be in lieu of all other taxes, whether State, county or municipal, against such companies, except a per centum tax on their premiums and a business license by the town or city in which such company does business. Tax on insurance premiums. Exemptions. Brokerage business by insurance companies. SEC. 6. Be it further enacted by the authority aforesaid, That all foreign and home fidelity guarantee companies or other companies 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. Guarantee companies. SEC. 7. 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 associations, 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

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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 Act approved October 19, 1891. Returns of building and loan associations. SEC. 8. Be it further enacted by the authority aforesaid, That the presidents of 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 stock 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. First. What is the value of raw material on hand on the day fixed for return of property for taxation? Questions. 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. 9. 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 2 per centum on their gross receipts, and all persons

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or the superintendent or general agent of each telegraph or express company, or the president of each railroad company doing such business in the State, shall make a quarterly return under oath, as follows: Express and telegraph companies. 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 said 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 section, shall fail to do so within thirty days after the time herein required, such persons, superintendent, agent or president shall be liable to indictment, and upon conviction shall be punished as prescribed in section 1039 of volume III. of the Code of 1895. Penalty for failure to make returns. Second. That each telephone company or individual operating telephone in this State 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. Telephone companies. 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 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 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 elicit 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

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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. SEC. 10. 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 fiscal year, or the 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 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 1039, vol. 3, of the Code of 1895. None of the provisions of this section shall apply to licensed auctioneers selling second-hand sewing-machines, or to officers of the law under legal process, or to merchants buying and selling machines on which a license tax has been paid, as herein provided, and who keep the said machines and sell and deliver them at their places of business, such sales not being on commission. Sewing-machine companies and dealers in sewing-machines. Penalty for non-compliance. SEC. 11. Be it further enacted by the authority aforesaid, That no tax shall be assessed upon the capital of banks or of banking associations

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organized under the authority of the 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 real estate held or owned by them; provided further, that nothing herein contained shall be construed to levy any tax on real or personal property held or owned by any bank or banking association, the value of which is represented in the market value of its shares of stock. That each bank and banking association shall pay tax on its surplus and individual profits. Banks. SEC. 12. Be it further enacted by the authority aforesaid, That the presidents of all railroad companies doing business in this State shall make returns to the Comptroller-General in the manner provided by law for the taxation of the property or the gross receipts 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. SEC. 13. 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. Returns of other corporations. SEC. 14. Be it further enacted by the authority aforesaid, That any person or company, resident of this State, who is the owner of a vessel, boats, or water-craft of any description, shall answer under oath the number of vessels, boats or 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. Boats and other vessels.

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SEC. 15. 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, lines 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 taxpayers 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: Returns, how made. 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 their value. Questions. Second. The kind and value of property owned by the wife and minor children of the taxpayer 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 Stats, 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 taxpayers 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 taxpayer. SEC. 16. 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 taxpayer; 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 taxpayer. SEC. 17. 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 of eighteen hundred and ninety-seven (1897) and eighteen hundred and ninety-eight (1898), and that the Comptroller-General is empowered and required to cause the taxes to be collected

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and paid into the State treasury by the 20th of February of each of the years 1898 and 1899, the taxes for the years 1897 and 1898. Returns, when made. Taxes, when paid. SEC. 18. Be it further enacted by the authority aforesaid, That blind persons, Confederate soldiers, and all other persons having lost a limb or limbs, or 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, and also from payment of any county or municipal license tax if carrying on and dependent upon the kinds of business designated therein; provided, that before any person shall be entitled to the benefit 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. SEC. 19. Be it further enacted by the authority aforesaid, That immediately after the first day of March of the years 1897 and 1898, the Governor, Comptroller-General and State Treasurer shall fix a day between January the 1st and April the 1st of each of the years 1897 and 1898, 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 1897 and 1898, as provided by Act approved December 20th, 1893. Day for making returns, how fixed. SEC. 20. Be it further enrcted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved December 24, 1896. SINKING FUND TO RETIRE BONDS. No. 99. An Act 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 levy and collection of a tax, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That 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-seven,

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and one thousand eight hundred and ninety-eight, 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-seven, and one thousand eight hundred and ninety-eight, 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. Tax to create sinking fund to pay bonds. SEC. 2. 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 money rising therefrom shall be applied to paying off and retiring the valid bonds of the State as hereinafter provided. Specially levied and collected. SEC. 3. Be it further enacted by the authority aforesaid, That the said amount so raised in the year one thousand eight hundred and ninety-seven shall be applied to the payment of the same amount of the valid bonds of this State, maturing January 1st, 1899; that the said amount so raised in the year one thousand eight hundred and ninety-eight shall be applied to the payment of the same amount of the valid bonds of this State, maturing January 1st, 1900. How applied. SEC. 4. Be it further enacted by the authority aforesaid, That all bonds retired under the provisions of this Act shall be canceled and stamped with the words sinking fund by the Treasurer, and filed in his office. Bonds paid to be cancalled and filed. SEC. 5. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved December 24, 1896.

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TAX-COLLECTORS TO MAKE MONTHLY REPORTS AND PAYMENTS. No. 70. An Act to require the tax-collectors of this State to make monthly reports under oath of all taxes collected, and to pay the same into the State and county treasuries or into banks designated by the Governor as State depositories, to prescribe penalties for failure to do so, and for other purposes. 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 first day of October, 1897, it shall be the duty of the State and county tax-collectors of this State to make monthly statements in duplicate under oath of all taxes, both State and county, collected by them, one copy to be filed with the Comptroller-General and one to be filed with the ordinaries of their respective counties, or such other officer as may have the supervision of the revenues of their counties. Tax-collectors required to make monthly reports. SEC. 2. Be it further enacted, That the first monthly statement to be made under and by virtue of the provisions of this Act shall be made on the first Monday in October, (1897) eighteen hundred and ninety-seven, and on the first Monday in October in all succeeding years, and to include therein all taxes collected for and during that fiscal year, and then to be made monthly thereafter on the first Monday in each month, until the tax-collectors have made a final settlement with the State and county for that fiscal year. First report, when to be made. SEC. 3. Be it further enacted, That the tax-collectors of this State, when they make their monthly statements as provided for in the foregoing sections of this Act, after deducting their commissions on the amount included in their monthly statements, pay into the State Treasury, or such banks as are designated by the Governor as State depositories, the hundreds of dollars of the State's part of the amount in said statement, leaving the fractions of hundreds dollars on hand, and which will constitute the first item in the next month's statement; they shall also, at the same time, after deducting their commissions for collecting the county's part of the taxes, pay into the county treasury the hundreds of dollars of the county's part of the amount in said statement, leaving the fraction of hundred dollars on hand, and which will constitute the second item in the next month's statement. Payments by tax-collectors, when and how made.

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SEC. 4. Be it further enacted, That any tax-collector who shall fail or refuse to make the monthly statements, and to make monthly payments to the State and county as is required by the foregoing sections of this Act, shall forfeit his commissions to the State and county for the month in which said failure was made. Penalty for failure to report or to pay. SEC. 5. Be it further enacted, That it shall be the duty of the Comptroller-General of this State to have prepared and to furnish the several tax-collectors of this State with suitable blanks on which to make the monthly statements as provided for in section (1) one of this Act. Blanks for reports. SEC. 6. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved December 24, 1896. TRAVELING SALESMEN NOT SUBJECT TO MUNICIPAL TAX. No. 24. An Act to prohibit the municipal authorities of any incorporated town from levying or collecting any tax or license on any traveling salesman engaged in taking orders for the sale of goods, where no delivery of goods is made at the time of taking such orders. SECTION 1. Be it enacted by the General Assembly, That from and after the passage of this Act, it shall not be lawful for the municipal authorities of any incorporated town to levy or collect any tax or license from any traveling salesman engaged in taking orders for the sale of goods where no delivery of goods is made at the time of taking such orders. Traveling salesmen not subject to municipal tax. SEC. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repeals conflicting laws. Approved December 14, 1896.

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PAYMENT OF PROFESSIONAL TAX PREREQUISITE TO PRACTICE. No. 80. An Act to prohibit the practice of law, medicine, dentistry, in this State without having paid the special tax as required by law, to prescribe punishment for the same, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act it shall be unlawful for any person or persons in this State to practice the profession of law, medicine or dentistry, or any other profession upon which a special tax is levied by the State and charge for the same without paying said special tax. Unlawful to practice before payment of professional tax. SEC. 2. Be it further enacted by the authority aforesaid, That if at any time after the passage of this Act, it shall be found that a nulla bona entry has, by the proper authority, been entered upon an execution issued by the tax collector of any county of the State against any person or persons for said special tax, and that such person or persons have, thereafter, engaged in the practice of any or all of said professions and charged for the same, such person or persons shall be deemed guilty of a misdemeanor, and upon conviction shall be punished as prescribed in section 1039 of the third volume of the Code of 1895. Penalty for failure to pay professional tax. SEC. 3. Be it further enacted by the authority aforesaid, That if at any time after the passage of this Act it shall be found that a nulla bona entry has, by proper authority, been entered upon an execution issued by the tax-collector of any county of this State against any person or persons for any special tax, such person or persons shall not then be allowed or entitled to have or collect any fees or charges whatever for their services rendered after the entry of such nulla bona; provided, however, that if at any time after the said entry of nulla bona has been made, the said person or persons whom said execution issues against shall pay said tax in full with all interest and costs accrued thereon, they shall then (after such payment) be allowed and entitled to collect any fees and charges due them, as though they had never defaulted in the payment of said taxes. Payment of special tax prerequisite to charge for service. SEC. 4. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same is, hereby repealed. Repealing clause. Approved December 22, 1896.

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TITLE III. CODE AMENDMENTS. ACTS. Section 918Bonds of Tax-Receivers. Section 943State Depositories. Section 1288Election Managers and Clerks. Section 1656State Librarian. AMENDING SECTION 918 AS TO BONDS OF TAX-RECEIVERS. No. 72. An Act to amend the law as contained in the last paragraph of section 918 of the Code of 1882, so as to reduce the amount of the bond required of tax-receivers in this State to one-fourth of the amount of the State tax of the county for which he receives tax returns. SECTION 1. Be it enacted by the General Assembly of Georgia, That the law as contained in the last paragraph of section 918 of the Code of 1882 be amended by striking out the words one half in the second line of said paragraph and inserting in lieu thereof the words one fourth, so that said paragraph of said section shall read as amended as follows: He shall also at the same time give bond and security in a sum equal to one-fourth of the amount of the State tax supposed to be due from the county for the year in which he shall give bond. The amount of said bond to be filled up by the Comptroller-General before being sent out to the several counties from the executive office. Tax-receivers' bond. SEC. 2. All laws and parts of laws in conflict with this Act are hereby repealed. Repealing clause. Approved December 23, 1896.

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AMENDING SECTION 943 AS TO STATE DEPOSITORIES. No. 54. 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 severel Acts of the General Assembly of the State of Georgia amendatory thereof, so as to add the cities of Eastman, in Dodge county, and Moultrie, in Colquitt county, Toccoa, in Habersham county, and Statesboro, in Bulloch county, Georgia, and for other purposes. SECTION 1. 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 city of Toccoa, in Habersham county, Georgia, and the city of Statesboro, in Bulloch county, Georgia, and Eastman, in Dodge county, and Moultrie, in Colquitt county, Georgia, be added to the list of cities named in said above described section 943(a) of the Code of 1882 and the amendments thereto, so that said section, as amended, shall read as follows: The Governor of the State of Georgia shall name and appoint a solvent chartered bank of good standing and credit in each of the following cities of the State, to wit: Atlanta, Athens, Augusta, Columbus, Macon, Savannah, Rome, Americus, Albany, Hawkinsville, Gainesville, Griffin, Lagrange, Thomasville, Newnan, Cartersville, Dalton, Valdosta, Milledgeville, Darien, Dawson, Cordele, Marietta, Richland, Covington, Greenville, Quitman, Carrollton, Fort Gaines, Forsyth, Jackson, Jefferson, Washington, Millen, Warrenton, Elberton, Monticello, Cedartown, Harmony Grove, Thomaston, Waycross, Brunswick, Blackshear, Eastman, Moultrie, Toccoa and Statesboro, which shall be known and designated as State depositories. Banks in Eastman, Toccoa, Statesboro, and Moultrie may be State depositories. SEC. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved December 17, 1896.

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AMENDING SECTION 1288. ELECTION MANAGERS, HOW PAID. No. 31. An Act to prescribe the manner in which managers and clerks of elections in this State, other than municipal elections, shall be paid for their services, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is enacted by the authority aforesaid, That from and after the passage of this Act that the county authorities of the various counties of this State, who have control of the county affairs, shall fix and prescribe in each voting precinct such compensation as they deem reasonable for managers and clerks of election in this State, and in case said county authorities fail to fix and prescribe such compensation, each manager shall receive two dollars, and each clerk, not exceeding three at a precinct, one dollar, to be paid by county treasurer on order by county authorities; provided, the provisions of this Act shall not apply to municipal elections. Election managers and clerks, how paid. SEC. 2. Be it further enacted, That the compensation herein provided for shall be fixed before the day upon which said elections are held. SEC. 3. Be it further enacted, That all laws now of force in this State providing for the payment of election managers and clerks, excepting those laws in reference to payment of managers and clerks of municipal elections, be, and the same are, hereby repealed. Repealing clause. Approved December 17, 1896. AMENDING SECTION 1656 AS TO PRIVILEGES OF FEMALES. No. 25. An Act to amend sec. 1656 of Code of Georgia, 1882, which reads as follows: Females are not entitled to the privilege of the elective franchise, nor can they hold any civil office or perform any civil functions, unless specially authorized by law, nor are they required to discharge any military, jury, police, patrol or road duty. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That section 1656 of the Code of Georgia, 1882, be amended by adding thereto the following proviso: provided, nothing contained herein shall prevent a woman, a resident of the State four years, and who has attained the

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age of twenty-one years, from being eligible to the position or office of State Librarian by appointment by the Governor, under the provisions of force regulating appointment by the Governor, so that said section, when amended, shall read as follows: Females are not entitled to the privilege of the elective franchise, nor can they hold any civil office, or perform any civil functions, unless specially authorized by law, nor are they required to discharge any military, jury, police, patrol or road duty; provided, nothing contained herein shall prevent a woman, a resident of the State four years, and who has attained the age of twenty-one years, from being eligible to the position or office of State Librarian by appointment by the Governor, under the provisions of force regulating appointment by the Governor. A woman may be State Librarian. SEC. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved December 15, 1896.

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TITLE IV. COURTS. ACTS. Organization, etc, Supreme Court under Constitutional Amendment 1896. Practice in Supreme Court. Additional Shorthand writers Supreme Court. Additional compensation Sheriff Supreme Court. Amending Act as to time of adjournment Superior and City Courts. Burke Superior Court, terms changed. Henry Superior Court, fall term changed. McDuffie Superior Court, terms changed. Pike Superior Court, fall term changed. Authorizing Courts to be held at other places than Court houses. Deposit of costs by non-resident in County and Justice Courts. ORGANIZATION, ETC., SUPREME COURT UNDER CONSTITUTIONAL AMENDMENT 1896. No. 51. An Act to prescribe regulations for conducting the business of the Supreme Court on and after the first day of January, 1897, under the provisions of the constitutional amendment ratified by the people of this State on the seventh day of October, 1896, to empower the justices of said court to make rules for carrying said amendment into effect and regulating its proceedings thereunder; to amend the law now embodied in section 217 of the Code of 1882, which declares the manner in which a decision rendered by three judges shall be reversed or materially changed; to prescribe the manner in which the unanimous decisions rendered by a full bench of six justices shall be overruled or materially modified, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, That on and after the first day of January, 1897, the Supreme Court may, in its discretion, sit either for the hearing or for the

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decision of cases in a body, of which not less than four justices, shall constitute a quorum, or, for like purposes, in separate divisions of three justices each; but whenever three justices are assigned to a division, two of them shall constitute a quorum for that division. The phrase court as a whole, as used in this Act, shall be understood as meaning the court when not sitting or acting in divisions, and such court shall consist of four or more justices. It shall be the duty of the Chief Justice, on the day above mentioned, or as soon thereafter as practicable, to separate the court into two divisions, designating which justices shall compose each; but the personnel of each division shall, under his direction, and in accordance with such rules as the court may prescribe, be changed from time to time, so that the two divisions will not become permanent in their constituency. The division of which the Chief Justice is a member shall always be known and distinguished as the First Division, and he shall be its presiding justice. The other division shall always be known and distinguished as the Second Division, and its presiding justice shall be designated by the Chief Justice. Whenever the Chief Justice is absent, or disqualified, any duty devolving specially upon him shall be performed by the Associate Justice who has been longest in commission. Court may sit in a body. Or in separate divisions. Quorum of division. Quorum of Court as a whole. Composition of the divisions. Change of personnel. Designation as presiding Justice of the divisions. Absence or disqualification of Chief Justice. SEC. 2. Be it further enacted, That any cases which shall have been argued, by brief or otherwise, before the present bench of three justices, and which shall not have been decided before the first day of January, 1897, may be taken up, considered and decided by the court as a whole, without further argument, or the court may, upon its own motion, but not otherwise, order any of such cases reargued, if deemed expedient. Disposition of cases argued before January, 1897. SEC. 3. Be it further enacted, That either division of the court shall have the power to issue the writ of mandamus, or to take any other action necessary to the perfection of records, according to the practice which has heretofore prevailed in this court, and either division may render a final judgment in any case argued before it, and such judgment shall have the same force and effect as if rendered by the court as a whole; provided, nevertheless, that the court shall, as far as practicable, endeavor to so conduct its proceedings as to have the concurrence of all the justices in all judgments rendered, except in cases where there is an express dissent upon the part of one or more of them. Every case argued before either division may be considered and decided by the court as a whole, or any one or more justices of the other division may participate in the decision thereof, without further argument; and where, for any reason, a case is heard in a division by only two justices, the Chief Justice shall direct one or more

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justices of the other division to participate in deciding it, or that it may be decided by the court as a whole. Whenever any justice in either division differs from the other two as to any particular case pending before it, such case shall go to the court as a whole for decision; and whenever it decides a case which has been argued before one division only, it may, upon its own motion, but not otherwise, order a reargument therein. In all cases decided by a full bench of six justices, the concurrence of a majority shall be essential to a judgment of reversal, and if the justices are evenly divided, the judgment of the court below shall stand affirmed. In all cases decided by the court as a whole, with less than six justices, the concurrence of at least three shall be essential to the rendition of a judgment; and if only four justices act upon a case, and they are evenly divided, the case shall be reargued before a full bench, if possible, before the term closes, and if not the judgment of the court below shall stand affirmed. Both the minutes and the printed official reports shall show how many and which justices concurred in each judgment rendered, and which, if any, dissented therefrom. Powers of either division Final judgment by. Concurrence of all Justices where practicable. Every case may be considered and decided by Court as a whole, etc. Where case heard in a division by only two Justices, Where in either division any Justice differs from the other two. Reargument Concurrence of how many necessary to judgment of reversal. Reargument when four sit and are evenly divided. Minutes and reports must show which Justices concurred and which dissented. SEC. 4. Be it further enacted, That said court shall have full power and authority to make all such rules, not in conflict with the constitution or with this Act, or with any other law of this State, as may be necessary for carrying said amendment into effect and regulating its proceedings thereunder. To these ends it may, by such rules, provide and declare when the court shall sit in a body, and when in separate divisions; how its minutes shall be kept, how the cases upon its dockets shall be apportioned and divided between the two divisions; at what times and to what extent changes shall be made in the personnel thereof, and generally to make all such regulations as to practice and procedure which experience may show to be convenient and expedient for the proper transaction of its business, with due regard to the rights of parties and counsel concerned. Rules of Court. SEC. 5. Be it further enacted, That the law now embodied in section 217 of the Code of 1882, which declares that a decision concurred in by three judges cannot be reversed or materially changed, except by a full bench, be, and the same is, hereby amended by striking therefrom the words just quoted, and inserting in their stead the following words, to wit: a decision rendered by the Supreme Court prior to the first day of January, 1897, and concurred in by three judges, or justices, cannot be reversed or materially changed except by the concurrence of at least five justices. Unanimous decisions hereafter rendered by a full bench of six justices shall not be overruled or materially modified except in the

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manner pointed out in said section, and then only with the concurrence of of six justices. What necessary to reversal or change of prior decision. SEC. 6. Be it further enacted, That all laws now of force relating to the Supreme Court shall, so far as may be practicable, and with such modifications as necessarily result from the ratification of said amendment or from the passage of this Act, apply to said court after its reorganization thereunder, and that all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Laws now of force apply so far as practicable, etc. Approved December 17, 1896. PRACTICE IN SUPREME COURT. No. 129. An Act to regulate the practice in the Supreme Court in certain particulars. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act no bill of exceptions now pending in the Supreme Court, or that may hereafter be brought to said court, shall be dismissed upon the ground that the same was not certified by the judge in the time now required by law for tendering and signing bills of exceptions; but if it shall appear from said bill of exceptions that the same was tendered to the judge within the time required by law, a mere failure on his part to sign the same within the time prescribed shall be no cause for the dismissal of the bill of exceptions, unless it should appear that the failure to sign and certify the same by the presiding judge within the time prescribed by law was caused by some act of the plaintiff in error in said case or his counsel. Cases not dismissed. Where bill of exceptions not certified in time. Unless from act of plaintiff in error. SEC. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 24, 1896.

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ADDITIONAL SHORTHAND WRITERS FOR SUPREME COURT. No. 36. An Act to authorize the Supreme Court to appoint three additional shorthand writers, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, That beginning with the first day of January, eighteen hundred and ninety-seven (1897), the Supreme Court of this State shall have authority to appoint three additional shorthand writers, whose duties and compensation shall be the same as is now prescribed by law for the shorthand writers of said court. Additional shorthand writers. Duties and compensation. SEC. 2. Be it further enacted 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, 1896. ADDITIONAL COMPENSATION SHERIFF SUPREME COURT. No. 52. An Act to provide additional compensation for the sheriff of the Supreme Court, and to prescribe the manner in which such additional compensation shall be paid. WHEREAS, On account of the great increase in the business of the Supreme Court, which has necessitated an increase in the number of justices thereof; and Preamble. WHEREAS, There has been a large increase in the number of books in both the State and Supreme Court Libraries, so that the duties, labors and responsibilities devolving upon the sheriff of that court have been very considerably augmented, it being incumbent upon that officer to take charge of the records of all cases while the court has them under consideration in its consultations, and also to handle and take care of the numerous authorities kept in both libraries while in use by the court; and WHEREAS, His attendance upon the sessions of the court will hereafter necessarily take up more of his time than formerly, because the court will be authorized to sit in separate divisions, thus requiring him to labor daily a greater number of hours in order to

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keep up with, and properly attend to his numerous official duties; therefore SECTION 1. Be it enacted by the General Assembly of Georgia, That in addition to the salary now allowed by law to said sheriff, he shall receive the sum of six hundred dollars per annum, or so much thereof as may be raised in the manner hereinafter stated. Additional salary. SEC. 2. Be it further enacted, That the additional compensation provided for in this Act shall be payable only out of the fund now arising and being collected in said court under existing laws as sheriff's costs, viz.: one dollar and twenty-five cents in each case coming before said court. If said fund, by reason of the fact that so many cases are carried to said court in forma pauperis, shall, in any given year, be insufficient to raise the sum of six hundred dollars, said sheriff shall receive, under this Act, only the amount actually collected. If, however, said fund, for any year, is more than sufficient to raise the sum of six hundred dollars, the surplus shall be paid into the State treasury; provided, that the compensation herein provided for shall be in full of the salary of any assistants said sheriff may be required to employ in the performance of his duties, and that no extra compensation shall be allowed to any such assistants. From what fund payable, etc. No extra compensation for assistants. SEC. 3. Be it further enacted, That all payments under this Act shall be made to the sheriff by the clerk of said court, under orders passed by the court. How payments to be made. SEC. 4. Be it enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 17, 1896. AMENDING ACT FIXING TIME FOR ADJOURNMENT SUPERIOR AND CITY COURTS. No. 17. An Act to amend the Act of September 21, 1887, entitled an Act to fix the time for the adjournment of the superior and city courts in the State of Georgia, so that the same shall not apply to any city court having as many as six terms per year. SECTION 1. Be it enacted by the General Assembly of Georgia, That from and after the passage of this Act, the Act of September 21, 1887, entitled an Act to fix the time for the adjournment of the superior and city courts in the State of Georgia, and which

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reads: That from and after the passage of this Act it shall be the duty of the judges of the superior and city courts in this State to adjourn the regular and adjourned terms of said courts at least five days before the commencement of the next regular term of said courts, be, and the same is, hereby amended by adding thereto the following: provided, that this Act shall not apply to any city court now or hereafter organized under a special Act of the Legislature and having as many as six terms per year, so that said statute, when amended, shall read as follows: That from and after the passage of this Act it shall be the duty of the judges of the superior and city courts in this State to adjourn the regular and adjourned terms of said courts at least five days before the commencement of the next regular terms of said courts; provided, that this Act shall not apply to any city court now or hereafter organized under a special Act of the Legislature, and having as many as six terms per year. Act of September 21, 1887, amended. So as not to apply to city courts having as many as six terms a year. Act as amended. SEC. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 12, 1896. BURKE SUPERIOR COURT, TERMS CHANGED. No. 60. An Act to change the time of holding the superior court of Burke county, and for other purposes. 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 time of holding Burke superior court shall be changed from the third and fourth Mondays in May, and the first and second Mondays in December, to the first and second Mondays in April and October of each year. Terms changed. To first and second Mondays in April and October. SEC. 2. Be it further enacted, That all writs and processes, orders, summons, subp[oelig]nas, bail-bonds, civil and criminal, and all processes and proceedings of all kinds 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, and that all grand and traverse jurors who may be drawn and summonsed to attend the said courts as now provided by law, shall be required to attend at the terms of said courts as changed by this Act. Return of writs, processes, etc. Jurors. SEC. 3. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 19, 1896.

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HENRY SUPERIOR COURT, FALL TERM CHANGED. No. 38. An Act to change the time of holding the fall term of Henry superior court, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act, the time of holding the fall term of the superior court of the county of Henry shall be changed to the third Mondays in October instead of the first Mondays after the fourth Mondays in October, so that said terms of the superior court of said county under this Act shall be held on the third Mondays in April and third Mondays in October. Fall term changed To third Monday in October. SEC. 2. Be it further enacted 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, 1896. McDUFFIE SUPERIOR COURT, TERMS CHANGED. No. 20. An Act to change the time of holding McDuffie superior court, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act the time of holding McDuffie superior court shall be changed from the third Mondays in January and July to the first Mondays in March and September in each year. Terms changed To first Mondays in March and September. SEC. 2. Be it further enacted, That all writs and processes, orders, summons and other proceedings returnable to said court prior to the passage of this Act shall be held and considered as returnable to the terms as herein fixed and prescribed. Returns of writs, etc. SEC. 3. Be 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, 1896.

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PIKE SUPERIOR COURT, FALL TERM CHANGED. No. 9. An Act to change the time of holding the fall term of Pike Superior Court, and for other purposes. SECTION 1. 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 fall term of Pike superior court shall be changed from the third and fourth Mondays in October to the first and second Mondays in October in each year. Fall term changed To first and second Mondays in October. SEC. 2. Be it further enacted, That all writs and processes, orders, summons and other proceedings returnable to said fall 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. Returns of writs, etc. SEC. 3. Be 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, 1896. AUTHORIZING COURTS TO BE HELD AT OTHER PLACES THAN COURT-HOUSES. No. 46. An Act to provide that the superior and city courts of this State may be held in some other place or places than their several respective court-houses, when for any cause it is impracticable to hold the same in such court-houses, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, That if, for any cause now existing, or hereafter to come to pass, it shall or may be impracticable to hold any session or sitting of any superior court in this State at the courthouse, or other place provided by law therefor, it shall and may be lawful to hold any such court, and any session or sitting thereof, at such place or places as the proper authorities of the county, in and for which such court is to be held, may from time to time provide for such purpose; provided, that no session or sitting of any superior or city court of this State can, under this Act, be held at any place other than the county site of the county of such court. When courts may be held at place other than courthouse. Not be held save at county site.

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SEC. 2. Be it further enacted by the authority aforesaid, That all orders, rulings, judgments, decisions, processes, warrants and acts of any superior court or city court, passed, made, rendered, issued or done at a place provided therefor by said county authorities, other than the county court-house or other place of holding such court as now fixed by law, shall have the same force, virtue, and effect as if the same had been passed, made, rendered, issued or done at the regular court-house or other place fixed by law for the holding of such court. Orders, judgments, etc. at place other than court-house, force and effect of. SEC. 3. Be it further enacted by the authority aforesaid, That all laws or parts of laws in conflict herewith be, and they are, hereby repealed. Approved December 17, 1896. DEPOSIT OF COSTS BY NON-RESIDENT IN COUNTY AND JUSTICE COURTS. No. 28. An Act to make certain and provide for the payment of cash in certain civil cases in the county courts and justices courts in this State, and for other purposes. SECTION 1. 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, clerks of the county courts of this State shall not be required to file or docket any case or proceeding in which the plaintiff is a non-resident of this State, until, in cases brought to the monthly terms of said court, the sum of three dollars, and in cases brought to the quarterly term of said court, the sum of six dollars, shall have been deposited on account of costs. Deposit of costs in county court by non-resident plaintiff. SEC. 2. Be it further enacted, That justices of the peace and notary public who are ex-officio justices of the peace shall not be required to file any suit, in which the plaintiff is a non-resident of this State, until two dollars shall have been deposited with said court on account of costs. In justice court. SEC. 3. Be 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, 1896.

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TITLE V. RAILROADS AND OTHER CORPORATIONS. ACTS. Amending Act to regulate business of Building and Loan Associations. Uniform amendment of Bank Charters. Railroad Commission authorized to compel giving of certain testimony. Authorizing certain Corporations to be surety on attachment and official bonds. Regulating business in Georgia of Fire Insurance Companies not incorporated in Georgia. Amending Act of December 16, 1895, as to liability of receivers, etc., of railroads. AMENDING ACT TO REGULATE BUSINESS OF BUILDING AND LOAN ASSOCIATIONS. No. 14. An Act to amend an Act entitled an Act to regulate the business of building and loan associations heretofore or hereafter incorporated under the laws of this State, which do business outside of this State, and also of building and loan associations organized under the laws of any other State, territory or foreign government which do business in this State; to require the deposit by said associations of seventy-five per cent. of all their securities with the State Treasurer, one of the State depositories, or some trust company, in trust for all their members and creditors, and to prescribe how the same may be withdrawn; to provide for a public examiner of such associations, who shall examine into the affairs of same from time to time, and to require annual reports from same, and the payment of certain fees to the Secretary of State and State Treasurer; also to impose same obligations and prohibitions upon such associations of other States doing business in this State, as are imposed by said States upon associations of this State; to declare fines, interest and

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premiums paid on loans not usurious; to require all officers of said associations handling any of the funds thereof to give sufficient bonds for the faithful performance of their duties; to prescribe penalties for doing business in this State until the provisions of this Act are complied with, and for other purposes. SECTION 1. 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 one of the Act approved October 19, 1891, the title of which said Act is fully set forth in the caption of this Act, be amended by inserting in the fourth line of said section, between the words business and outside, the words in or, so that said section thus amended shall read as follows: That every building and loan association heretofore or hereafter incorporated under the laws of this State, which does business in or outside of this State, shall deposit and keep on deposit with the Treasurer of this State, or with a legally incorporated and duly organized trust company, to be selected by the board of directors of such association, in trust for all its members and creditors, seventy-five per cent. of the amount of all mortgages or other securities received by it in the usual course of its business. When such mortgages or other securities are deposited with the said trust company or State Depository, such company or State depository shall certify to the Treasurer of this State that the said securities have been and are deposited with it under this Act, and the same shall not be surrendered to or returned to the said building and loan association without the authority or sanction of the said Treasurer of this State; provided, that every such corporation heretofore or hereafter organized, whose mortgages or other securities so deposited do not amount to twenty-five thousand dollars ($25,000), shall have fifteen months after organization, as to those not yet organized, and as to those already organized, fifteen months within three months after the passage of this Act, deposit with the said State Treasurer or trust company such additional securities as with the securities so deposited shall equal in value the sum of twenty-five thousand dollars ($25,000), and every such corporation hereafter organized, within fifteen months after commencing to do business, shall deposit with the said State Treasurer or trust company, in trust as aforesaid, securities of the value of twenty-five thousand dollars ($25,000). The securities mentioned in this proviso shall consist of bonds or treasury notes of the United States, national or State bank notes, or bonds of this State or any other State of the United States, or of any solvent city, town or county of this State having legal authority to issue the same, or first mortgage on real estate,

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or other legal securities, aggregating in value twenty-five thousand dollars ($25,000), and such securities may be withdrawn from time to time, when mortgage securities of corresponding value shall be deposited in lieu and place thereof, as provided in this Act, or when other securities of equal character and value are substituted therefor; and it shall be the duty of the Treasurer of this State to examine the affairs of said associations from time to time, to ascertain whether said associations have deposited seventy-five per cent. of all their securities and otherwise complied with the requirements of this Act; provided, that any association which has deposited all of its securities on hand at the time this Act takes effect shall be required to make quarterly deposits only of securities taken by it in the future, that is, at the end of periods of three months thereafter. Whenever any association incorporated under the laws of this State is required by the laws of any other State, Territory or Nation to make a deposit of securities in such State, Territory or Nation as a condition of doing business therein, such association may deposit a portion of its securities with the properly authorized officer of such other State, Territory or Nation; provided, however, that the amount of securities kept on deposit in this State shall at all times equal seventy-five per cent. of the amount of the loans made and then outstanding in this State; and provided further, that the securities so deposited in this State shall not thereby be reduced below the sum of twenty-five thousand dollars ($25,000). Section I of act of October 19. 1891, amended. Made applicable to association doing business in or outside this State. Deposit required, etc. SEC. 2. Be it further enacted by the authority aforesaid, That the Act approved October 19, 1891, the title of which Act is fully set forth in the caption hereof, as amended by an Act approved December 20, 1893, be, and the same is, hereby amended by striking out section 13 as written, viz.: provided, that the provisions of this Act shall not apply to building and loan associations, or other associations of like character, which cease to do interstate business, and, upon satisfactory evidence being produced to the State Treasurer that such building and loan associations have ceased to do business outside of this State, he (Treasurer) shall not demand the special tax on said associations now required by law to be paid by them, so long as they cease to do business out of this State; but this shall not be construed as relieving said associations from paying the same license or tax required of other associations only doing business in this State; provided also, that the provisions of the Act of October 19, 1891, shall not be construed to apply to interstate business conducted by such associations prior to its passage. Section 13 of amendatory act of December 20, 1893, stricken. SEC. 3. Be it further enacted by the authority aforesaid, That the title of the Act approved October 19, 1891, which appears in its entirety as the caption of this Act, be amended by inserting in

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the third line, between the words business and outside, the words in or, so that the said title, thus amended, shall read as follows: An Act to regulate the business of building and loan associations heretofore or hereafter incorporated under the laws of this State which do business in or outside of this State, etc., etc. Title of act of October 19, 1891, amended. Made applicable to associations doing business outside this State. SEC. 4. Be it further enacted by the authority aforesaid That the Act approved October 19, 1891, the title of which forms the caption of this Act, be further amended as to section five of said Act, by adding after the word not in the seventh line thereof the words except those which restrict their business to the city or county of their domicile, so that said section, thus amended, shall read as follows: That the name building and loan association, as used in this Act, shall include all corporations, societies, organizations or associations doing a savings and loan or investment business on the building society plan, viz.: Loaning its funds to its members, whether issuing certificates of stock which mature at a given time fixed in advance or not, except those which restrict their business to the county of their domicile, and not more than two other adjacent counties. Section 5 of act of October 19, 1891, amended. Act not applicable to strictly local associations. SEC. 5. Be it further enacted by the authority aforesaid, That the Act approved October 19, 1891, as amended by the Act approved December 20, 1893, be further amended by numbering the remaining sections of said Act in accordance with this Act. Change in number of sections. SEC. 6. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with the provisions of this Act be, and the same are, hereby repealed. Approved December 12, 1896. UNIFORM AMENDMENT OF BANK CHARTERS. No. 71. An Act to provide for the uniform amendment of special charters of banks heretofore granted by the General Assembly of this State, so as to incorporate into said special charters any provision of the general law for the incorporation of banks, approved December 20, 1893, and any amendment of the same now made or which may hereafter be made. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, That any banking corporation of this State heretofore incorporated by any special Act of the General Assembly of this

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State, shall be entitled to have its said special charter amended, so as to incorporate therein any provision of the general law for the incorporation of banks, entitled an Act to carry into effect paragraph 18 of section 7 of article 3 of the Constitution of 1877, as amended in relation to chartering of banks, to provide for the incorporation of banking companies by the Secretary of State, and for other purposes, approved December 20, 1893, and of any amendments of the same now made or which may hereafter be made. Special charters may be amended So as to incorporate any provision of general law for incorporating banks. SEC. 2. Be it further enacted, That whenever any bank may desire to have its said special charter amended, it shall, by resolution of its board of directors, authorize its president to make and file in the office of the Secretary of State a declaration in writing signed by said president and given under its corporation seal, designating the provision in the general law for the incorporation of banks above referred to, or of any amendment thereof, which it desires to have incorporated into and made a part of its said special charter. Such declaration must be accompanied by a copy of the resolution of the boards of directors and by a statement of the date of the said charter which it desires to have amended, and of any amendments thereto, certified by the secretary of the said board of directors, under the seal of incorporation, and a fee of twenty-five ($25.00) dollars shall be paid at the same time into the treasury of the State. Method of obtaining such amendment. SEC. 3. Be it further enacted, That when the declaration is filed in the office of the Secretary of State as provided in the preceding section, it shall be the duty of the Secretary of State, upon the application of said president, to certify and deliver to him a copy of such declaration and certificate, and it shall be the duty of the said president to cause to be published in the official organ of the county in which said bank does business, once a week for four weeks, such certified copy declaration and certificate. Certified copy of declaration and certificate to be delivered by Secretary of State And published in newspaper. SEC. 4. Be it further enacted, That when said declaration and certificate shall have been published as provided in the third section of this Act, said president may apply to the ordinary of the county in which said bank does business, to certify the fact of the publication of said declaration and certificate, and it shall be the duty of such ordinary to certify the fact of such publication to the Secretary of State and upon said certificate being filed by the said president in the office of the Secretary of State, the Secretary of State shall issue to the said president a certificate of amendment of its special charter under the seal of the State, certifying that the designated provision of the general law for the incorporation of banks has by amendment of said special charter been incorporated

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into and made a part of the same; and that said corporation, in addition to the powers conferred by its said special charter, has the capacity and powers conferred by said amendment, and shall then and there record the declaration, certificate, and certificate of the ordinary, and certificate of incorporation in the order named. Certificate as to such publication. Certificate of amendment of charter. Record. SEC. 5. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 23, 1896. RAILROAD COMMISSION AUTHORIZED TO COMPEL GIVING OF CERTAIN TESTIMONY. No. 81. An Act to authorize the Railroad Commission of Georgia to compel the shipper or consignee, or officer, agent, or employee of a common carrier to give evidence, on certain conditions, touching complaints of violations of the laws against granting or giving rebates and underbilling by common carrier, and to exempt such persons so compelled to testify from indictment or prosecution for his connection with any such transactions; to make such person thereafter competent and compellable to testify in the courts of this State, and for other purposes. SECTION 1. Be it enacted by the Senate and House of Representatives, That in the investigation of complaints by the Railroad Commission of this State of violations, after the passage of this Act, of the laws against giving or granting rebates, or of underbilling, by common carriers in this State, said Commission is hereby given the power and authority to compel the shipper or consignee, or any officer, agent or employee of a common carrier, to give evidence touching such complaints. Before any such person shall be compelled to give evidence touching such complaints, the Railroad Commission shall make an order that such witness is required by said Commission to testify, and that he is exempt thereafter from indictment or prosecution for any transaction about which he is so compelled to testify. When such order is made the witness shall be compelled to give evidence touching such complaints, and he shall be forever free from indictment or prosecution in any court of this State touching the matters about which he is compelled to testify. Testimony as to rebates or underbilling. Order to be made before giving of testimony compelled. Witness free from prosecution touching matters he is compelled to testify as to SEC. 2. Be it further enacted by the authority aforesaid, That when a witness is exonerated from indictment or prosecution, as

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herein provided, he shall in like manner be compelled to give evidence in any suit or prosecution instituted in any of the courts of this State against any common carrier or against any person on account of the transactions about which he is compelled to testify before the Railroad Commission. Testimony compulsory in suits or prosecutions in State courts. SEC. 3. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 22, 1896. AUTHORIZING CERTAIN CORPORATIONS TO BE SURETY ON ATTACHMENT. AND OFFICIAL BONDS. No. 93. An Act to authorize solvent guarantee companies, surety companies, fidelity insurance companies and fidelity and deposit companies to become surety upon attachment bonds and upon the bonds of city, county and State officers, and providing remedies against such bonds, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act solvent gurantee companies, surety companies, fidelity insurance companies, and fidelity and deposit companies incorporated and organized under the laws of this State, or any other State of the United States, for the purpose of transacting business of fidelity insurance, which has a paid up capital of two hundred and fifty thousand dollars, and which shall have complied with all the requirements of law as to license required by the State, may, upon proper proof thereof, and upon production of evidence of solvency, be accepted upon the bonds of all city, county and State officers of this State; and the various officers of this State, whose duty it is to approve the sureties upon such bonds, are hereby authorized to accept such company or companies as one of the sureties, or the only surety, upon such bonds as the solvency of such company may warrant; provided, no company shall be relieved of its liability upon any such bond by reason of the fact that the books and accounts of the principal have been examined and approved as correct by the proper authorities, when in fact there has been a breach of said bond and a loss occurring from such breach. Corporations for fidelity insurance. Having paid up capital of $200,000.00. And license required by the State. May be sureties on official bonds. Relief from liability on bond.

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SEC. 2. Be it further enacted, That such companies may be taken as the sole surety upon all attachment bonds, whether such companies have or do not have real estate in this State. May be sole surety on attachment bonds. SEC. 3. Be it further enacted, That in case default upon any bond upon which such companies as sureties, then the city, county and State authorities shall have all the remedies against the principal and sureties upon said bonds as are now provided by law, including the right to issue fi. fas. instanter as now provided by law. Be it further enacted, That all companies herein described, chartered by this State or other States or foreign governments, now doing business in this State or hereafter doing business in this State, which offers or undertakes to become security upon any bond required by law of city, county and State officers, before being accepted as surety thereon, shall be required to deposit with the Treasurer of this State bonds of the United States, or bonds of this State, which, according to the Acts and resolutions of the General Assembly, are valid, and which amount, according to their face value, to fifty thousand dollars, which bonds shall be receipted for by the State Treasurer, and especially deposited by him in the vaults of the treasury and whenever such company ceases to do business in this State and has settled up all claims against it, as hereinafter provided, and have been released from all the bonds upon which they have been taken, said bonds shall be delivered up to the proper party on presentation of the Treasurer's receipt. Remedies on bonds. Deposit with State Treasurer required. Withdrawal of deposit. While said bonds are so deposited, the owner of the same shall, subject to the notices provided for or given, be entitled to collect the coupons and use them. For the bonds so deposited the faith of the State is pledged that they shall be returned to the parties entitled to receive them, or disposed of as hereinafter provided. Collection of coupons. Safekeeping of bonds. That whenever any loss insured against occurs, the insured, in order to secure his recovery, may give notice to the State Treasurer of the pendency of said loss and of the amount claimed, after which time the State Treasurer shall be bound to retain, subject to the order of the court trying any suit that may be brought for the recovery of such loss, a sufficient amount to pay the judgment in said case, in the event of recovery; when suit is ended, and the amount ascertained for which said party sued may be liable is not paid in ten days, then said plaintiff may file an application with the judge of the superior court of the county where the case was tried, for a receiver to take charge of so many bonds as shall be necessary to satisfy the aforesaid judgment. Collection of loss. Receiver for bonds deposited. When said receiver is appointed by the judge, who shall always require bond and security of him for the faithful performance of his duty, said State Treasurer, on his application, shall deliver to him

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bonds sufficient in their market value, if in his custody, to satisfy said judgment. Said receiver's receipt shall be a complete discharge to said Treasurer and the State of Georgia. Then said receiver shall apply to the judge of said superior court for an order of sale, and in pursuance of said order sell said bonds. After deducting such expenses and commissions as shall be allowed by said judge, he shall pay over to the plaintiff, or his attorney, a sufficient amount to satisfy the said judgment, and if there remains any residue in the hands of such receiver, he shall pay over the same to the agent of the company, taking his receipt for the same, which shall be filed and recorded with the other papers in the case. Bonds to be delivered to receiver. Sale of Application of proceeds. If there are conflicting claims, then the State Treasurer shall deliver over to the receivers, in the order of their application, the aforesaid bonds, and if there is any contest between creditors which cannot be settled in this mode, then the party not receiving sufficient bonds through the receiver appointed in his behalf may become a party to the other case and make known his claim to the other receiver by making affidavit of the claim and filing the same with him, and then the receiver shall report such claim to the judge of the superior court appointing him, who shall by order provide for a bill of interpleader, as in cases in equity. Conflicting claims. When any company desires to withdraw from the State and will satisfy the Insurance Commissioner that all suits pending against such party, and of which no notice has been given, have been fully satisfied, or whenever no notice of claim has been given, and when such companies have been released from all bonds theretofore given by them, then the said Treasurer shall return to said party the bonds so deposited upon order from said Insurance Commissioner. Withdrawal of company from the State. Whenever, by means of the provisions of this Act, the amount of bonds so deposited are reduced, said Treasurer shall at once notify the Insurance Commissioner in writing, who will give notice to the company depositing, and require more bonds to be deposited, so as to always maintain the original amount, and if the company so notified by the Insurance Commissioner fails to comply within thirty days, the right of the company to do business in this State shall be revoked, and said Insurance Commissioner shall, at the same time, give notice, by publication in a newspaper published at the capital, of the fact of such failure and revocation of license, and shall mail written or printed notice to the several ordinaries of this State, the cost of which publication shall be paid by the company failing to comply with the provisions of this Act; and when any company, having made the deposit required by this Act, has assumed any liability, by suretyship or otherwise, on which no losses have accrued, and which company wishes to withdraw

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its deposit, before being allowed to do so said company shall have itself released from such obligation, whether suretyship or otherwise, and give notice of its intention to withdraw from this State, and of the fact that it has satisfied all losses and the claims against it, and have been released from all obligations assumed by it, which notice shall be published in a newspaper to be designated by the Insurance Commissioner of the State, and at the expense of said company; and it is hereby provided, that any claims of the citizens of this State must, whether for losses accrued or upon obligations thereinbefore assumed by said company (where no losses have occurred), be fully settled before said deposit shall be withdrawn. When amount of bonds reduced. Failure to increase deposits. Revocation of license, etc. Release from obligation of suretyship. Claims must be fully settled. SEC. 4. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 24, 1896. REGULATING BUSINESS IN GEORGIA OF FIRE INSURANCE COMPANIES NOT INCORPORATED IN GEORGIA. No. 100. An Act making it unlawful for fire insurance companies not incorporated by the laws of the State of Georgia, but legally licensed to transact the business of fire insurance therein and doing business therein through regularly commissioned and licensed agents, to place or cause to be placed insurance against loss by fire on property in this State, except through agents located in the State, legally authorized and licensed to write policies of insurance therein, and prescribing penalties for violation of same; also to prescribe further conditions to be complied with by fire insurance companies before receiving licenses to do business in this State. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That fire insurance companies not incorporated by the laws of the State of Georgia, but legally authorized to do business in this State through regularly commissioned and licensed agents located in this State, shall not make contracts of fire insurance on property herein save through agents of such companies regularly commissioned and licensed to write policies of insurance in Georgia; provided,

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however, that this Act shall not apply to property of railroad companies and other common carriers. Companies not incorporated in Georgia Must contract through regularly licenced agents, etc. Except as to common carriers. SEC. 2. Be it further enacted, That before issuing certificate of license to any fire insurance company to transact the business of fire insurance in this State, the Insurance Commissioner shall require, in any case in addition to requirements already provided for by law, that each and every such fire insurance company shall file with him the affidavit of its president or other chief officer, that it has not violated any of the provisions of this Act, for the space of twelve months last past, and that they accept the terms and obligations of this Act as a part of the consideration of their license. Requirements as to certificate of license. SEC. 3. Be it further enacted, That complaint being filed by any citizen of this State that any company authorized to do business in this State has violated any of the provisions of this Act, the Comptroller-General shall diligently investigate the matter, and if necessary examine by himself, or his accredited representative at the head offices located in the United States of America, and also such other offices or agents of such companies as may be deemed proper, all books, records, and papers of the same, and also the officers thereof under oath as to such alleged violation or violations; provided, that before making such examinations the Comptroller-General shall require the party or parties making complaint to file with him a good and sufficient bond to cover any expense or cost that may be necessary in making such examination, and in the event that the insurance company be found not guilty of a violation of this Act, then said bond shall be responsible for all the expense incurred by reason of said investigation. But should said company be found guilty of a violation of this Act, then said company shall be responsible for the expense thereof. Investigation as to violations of this act. SEC. 4. Be it further enacted, That any fire insurance company violating any provision of this Act, or refusing to submit to the aforesaid examination when required, shall forfeit the right to do business in this State for the next twelve (12) months thereafter, and the Insurance Commissioner shall immediately revoke the license already issued to said fire insurance company to do business in this State. Forfeiture of right to do business SEC. 5. Be it further enacted, That if any such company shall fail or refuse to pay such expense of examination upon the presentation of a bill therefor by the Comptroller-General, that the said Comptroller-General may issue his fi. fa. against such company therefor, to be collected out of the property of said company or its deposit with the State Treasurer, in the same manner as judgments against insurance companies not chartered by this State, but doing

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business herein, and collected. If any company disputes the amount of such bill and fi. fa., it may contest such amount and its liability therefor by affidavit of illegality returnable to the superior court of Fulton county, in the same manner as Comptroller-General's executions for railroad county taxes can be contested. Failure to pay expense of examination. Contest as to amount. SEC. 6. Be it further enacted, That this Act shall go into effect as soon as approved, and all laws and parts of laws in conflict therewith are hereby repealed. When this act to take effect. Approved December 24, 1896. AMENDING ACT OF DECEMBER 16, 1895, AS TO LIABILITY OF RECEIVERS, ETC., OF RAILROADS. No. 102. An Act to amend an Act entitled an Act to fix and define the liability of receivers, trustees, assignees, and other like officers operating railroads in the State, and for other purposes, approved December 16, 1895, by adding the words or for injuries or damages to personal property after the word coemployees, in the sixth line of the first section of said Act, and before the word shall in the seventh line of said section, and by adding the words or plaintiff before the word employees in the twelfth line of the first section of said Act, and before the word superior in the same line. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That the first section of the Act approved December 16, 1895, entitled 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, be, and the same is, hereby amended, so that the first section of said Act, when so amended, shall read as follows: 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 coemployees, or for injuries or damages to personal property, shall be the same as the liability now fixed by 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, or assignee, or other persons in favor of such

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injured employees or plaintiff, superior to all other liens against defendant under the laws of this State. Section I of act of December 16, 1895, amended. Liability for damage to personal property. Lien in favor of plaintiff. SEC. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 24, 1896.

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TITLE VI. PENSIONS. ACTS. Commissioner of Pensions. Making penal taking fees for obtaining pensions. Declaring meaning of Act of December 23, 1890, allowing pensions to certain Confederate widows. COMMISSIONER OF PENSIONS. No. 26. An Act to authorize the appointment of a Commissioner of Pensions, to prescribe the powers and duties of such Commissioner, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of same, That there shall be a Commissioner of Pensions, whose term of office shall be three years, with a salary of two thousand ($2,000) dollars per annum, who shall be appointed by the Governor. Appointment, term and salary. SEC. 2. Be it further enacted by the authority aforesaid, It shall be the duty of said Commissioner of Pensions to examine and pass on all pension claims under existing laws, to keep a correct record of all approved claims, with the name, disability, service, county, and amount paid; to furnish the various ordinaries with suitable blansk for use of claimants; to draw a warrant on the State treasurer to be signed by the Governor and countersigned by the Commissioner for the amounts which may be due on approved claims, and for which appropriations are made; to furnish to the clerks of the several superior courts by the first day of January of each year lists of the pensioners for such county, as provided by the Acts of October 19, 1891. Duties of

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SEC. 3. Be it further enacted by the authority aforesaid, That the said Commissioner of Pensions shall on the first day of October of each year make to the Governor a written report showing under the several pension laws the whole number of pensioners, the number of claims allowed for the past year and the amounts paid, together with such other information pertaining to his office as the Governor may ask. Annual report Governor. SEC. 4. Be it further enacted by the authority aforesaid, All records, books, claims, or other matters connected with the office of said Commissioner of Pensions shall be kept open to inspection, and under the charge and direction of the Governor, and all rulings made by said Commissioner shall be subject to revision and change by the Governor. Records, etc., open to inspection. SEC. 5. Be it further enacted by the authority aforesaid, This office shall continue for six years only, unless continued by further legislation. Office to continue six years only, unless continued. SEC. 6. Be it further enacted by the authority aforesaid, The said Commissioner of Pensions shall not exercise the power of attorney to draw any pension. Commissioner may not exercise power of attorney. SEC. 7. Be it further enacted 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, 1896. MAKING PENAL TAKING FEES FOR OBTAINING PENSIONS. No. 39. An Act to prevent any person from asking or receiving compensation for assisting or representing any one in prosecuting or collecting from the State of Georgia any pension which, under the laws of this State, he may be entitled to receive; to declare the same a misdemeanor, to provide a punishment therefor, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, That it shall be a misdemeanor for any person to ask or receive compensation for assisting or representing any pensioner or applicant for pension in prosecuting or procuring or collecting from the State of Georgia any pension which, under the laws of this State, he or she may be entitled to receive; provided, this Act

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shall not apply to the collecting of fees by ordinaries as now prescribed by law. Misdemeanor to ask or take compensation For assisting or representing applicant for pension, etc. Not to apply to collecting of fees by Ordinaries. SEC. 2. Be it further enacted by the authority aforesaid, That any person violating the provisions of this Act shall be deemed guilty of a misdemeanor, and upon conviction shall be punished as prescribed in section 1039 of the Code of 1895. Penalty. SEC. 3. 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, 1896. DECLARING MEANING OF ACT OF DECEMBER 23, 1890, ALLOWING PENSIONS TO CERTAIN CONFEDERATE WIDOWS. No. 119. An Act to make clear and define the meaning of an Act entitled an Act to allow pensions to certain Confederate widows, and for other purposes, approved December 23, 1890. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, That the Act entitled an Act to allow pensions to certain Confederate widows, and for other purposes, approved December 23, 1890, shall be construed to cover and embrace not only such persons as were widows at the time said Act was approved, but such other persons as have or may hereafter become widows, provided all other requirements set out in said Act and the Act amendatory thereof shall be complied with. Act to include persons becoming widows since its passage. SEC. 2. Be it further enacted, That all laws in conflict with this Act be, and the same are, hereby repealed. Approved December 24, 1896.

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TITLE VII. MISCELLANEOUS. ACTS. Combinations to restrain trade and production prohibited. Consignments of farm and other products, payments for. County School Commissioners, payment of. Census of cities of 5,000 inhabitants, how taken. Public work, competition for. Protection of gamebirds and deer. Title to lands sold under wild land tax fi. fa. Trust deeds to secure debts, how enforced. Public roads, how worked. Northeastern Railroad, sale of. Scholastic month, defined. School for the Deaf, admission to. Candy, adulteration of prohibited. Poisoning water of springs, etc., prohibited. Pilotage laws amended. Naval militia, organization and government of. COMBINES AND TRUSTS MADE ILLEGAL. No. 122. An Act to declare unlawful and void all arrangements, contracts, agreements, trusts, or combinations, made with a view to lessen, or which tend to lessen, free competition in the importation or sale of articles imported into this State; or in the manufacture or sale of articles of domestic growth or of domestic raw material; to declare unlawful and void all arrangements, contracts, agreements, trusts, or combinations between persons or corporations designed, or which tend to advance, reduce or control the price of such product or article to producer or consumer of any such product or article; to provide for forfeiture of the charter and franchise of any corporation, organized under the laws of this State, violating any of the provisions of this Act; to

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prohibit every foreign corporation, violating any of the provisions of this Act, from doing business in this State; to require the Attorney-General of this State to institute legal proceedings against any such corporations violating the provisions of this Act, and to enforce the penalties prescribed; to prescribe penalties for any violation of this Act; to authorize any person or corporation, damaged by any such trust, agreement, or combination, to sue for the recovery of such damage, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act all arrangements, contracts, agreements, trusts, or combinations between persons or corporations made with a view to lessen, or which tend to lessen full and free competition in the importation or sale of articles imported into this State, or in the manufacture or sale of articles of domestic growth or of domestic raw material, and all arrangements, contracts, agreements, trusts, or combinations between persons or corporations designed, or which tend to advance, reduce or control the price or the cost to the producer or to the consumer of any such product or article, are hereby declared to be against public policy, unlawful and void. Trusts made illegal. SEC. 2. Be it further enacted by the authority aforesaid, That any corporation, chartered under the laws of this State, which shall violate any of the provisions of this Act, shall thereby forfeit its charter and its franchise, and its corporate existence shall thereupon cease and determine. Every foreign corporation which shall violate any of the provisions of this Act is hereby denied the right to do, and is prohibited from doing business in this State. It is hereby made the duty of the Attorney-General of this State to enforce this provision by due process of law. Attorney-General to prosecute corporations. SEC. 3. Be it further enacted by the authority aforesaid, That any violation of the provisions of this Act shall be deemed, and is hereby declared to be destructive of full and free competition and a conspiracy against trade, and any person or persons who may engage in any such conspiracy, or who shall, as principal, manager, director or agent, or in any other capacity, knowingly carry out any of the stipulations, purposes, prices, rates or orders made in furtherance of such conspiracy, shall, on conviction, be punished by a fine of not less than one hundred dollars or more than five thousand dollars, and by imprisonment in the penitentiary not less than one year or nor more than ten years; or, in the judgment of the court, by either such fine or such imprisonment. Penalty.

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SEC. 4. Be it further enacted by the authority aforesaid, That the provisions of this Act shall not apply to agricultural products or live stock while in the possession of the producer or raiser. SEC. 5. Be it further enacted by the authority aforesaid, That any person or persons, or corporations, that may be injured or damaged by any such arrangement, contract, agreement, trust or combination, described in section one of this Act, may sue for and recover in any court of competent jurisdiction in this State, of any person, persons or corporation operating such trust or combination, the full consideration or sum paid by him or them for any goods, wares, merchandise or articles, the sale of which is controlled by such combination or trust. Right of action for damage. SEC. 6. Be it further enacted by the authority aforesaid, That it shall be the duty of the judges of the superior courts of this State specially to instruct the grand juries as to the provisions of this Act. Judges to charge grand juries. SEC. 7. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with the provisions of this Act be, and the same are, hereby repealed. Repealing clause. Approved December 23, 1896. CONSIGNMENTS OF FARM PRODUCTS, PAYMENTS FOR. No. 95. An Act to amend an Act, approved December 16, 1895, entitled 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, by inserting in the tenth line of section one, after the word consigned, the words within thirty days, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That section I of the Act approved December 16, 1895, the title of which forms the caption of this Act, be, and the same is, hereby amended by inserting in the tenth line of section I, after the words consigned the words within thirty days, so that said section, thus amended, shall read as follows: 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,

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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, within thirty days, 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. Solicitors for consignments not paid for, how punished. SEC. 2. Be it further enacted, That all laws in conflict with this Act are hereby repealed. Repealing clause. Approved December 24, 1896. COUNTY SCHOOL COMMISSIONERS, SALARY OF. No. 2. An Act to provide for the payment of a salary to county school commissioners in lieu of a per diem in certain instances, and for other purposes. 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 county boards of education in counties having a population of more that sixty thousand inhabitants, shall be authorized and empowered to pay the county school commissioners of such counties such salary in lieu of a per diem as the said county boards of education shall fix, not to exceed the sum of eighteen hundred dollars per annum. Salaries of County School Commissioners. SEC. 2. Be it likewise enacted by authority of the same, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved November 21, 1896.

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CENSUS OF CITIES OF 5,000 INHABITANTS, HOW TAKEN. No. 3. An Act to authorize the Secretary of State, upon request of the mayor and council, or other governing authority of any city of said State having a population of five thousand or upwards, to have a census of the population of said city made, which census, when made, shall be recognized as a State census of the population of such city. SECTION 1. Be it enacted by the Senate and House of Representatives of Georgia in General Assembly met, That from and after the passage of this Act, it shall be the duty of the Secretary of State of the State of Georgia, upon request presented from the mayor and general council, or other governing authority of any city in Georgia having a population of five thousand or upwards, to have a census of the population of such city made by enumerators to be sworn by the ordinary of the county, the affidavit to be prescribed by the Secretary of State, one copy of which census shall be returned to and filed with said Secretary of State, and one or more copies filed with the clerk of council of such city. Such census shall be taken in accordance with regulations prescribed by the mayor and general council of said city and approved by said Secretary of State. The expense of taking such census to be paid by the city having such census taken. Census of cities having over 5,000 inhabitants, how taken. Such enumeration of the population of said city, when taken and filed with the Secretary of State, shall be recognized as a State census or enumeration of the population of said city until a new census shall thereafter be taken by authority of the United States Government, or of the State Government. SEC. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved November 24, 1896.

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PUBLIC WORK, COMPETITION FOR. No. 16. An Act to protect the State and the counties thereof when public work is let out by bidding. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, Whenever public work for the State, or any county thereof, is to be let out by bidding, no person shall, by himself or otherwise, prevent, or attempt to prevent, by any means whatever, competition in such bidding. Public work, competition for. SEC. 2. Be it further enacted by authority aforesaid, No person who desires to procure such work for himself or another shall, by any means whatever, prevent, or endeavor to prevent, any one from making a bid therefor, nor shall such person or desiring the work procure or induce another to withdraw a bid for the work. Bids for, not prevented or withdrawn. SEC. 3. Be it further enacted by the authority aforesaid, Before any person who procures such public work by bidding shall, before commencing to do the work, he shall make an oath in writing that he has not directly or indirectly violated either of the foregoing sections. The oath shall be filed with the officer whose duty it is to make the payment; if the contractor be a copartnership composed of more than one person, all of the copartners, and any officer or agent or other person who may have represented or acted for them in bidding or procuring the contract, shall also unite in making the oath. If the contractor be a corporation, all officers agents, or other person who may have acted for or represented the corporation in bidding or procuring the contract shall make the oath. Oath of contractor. SEC. 4. Be it further enacted by the authority aforesaid, A violation of any of the preceding sections shall be a misdemeanor. Violation of this act a misdemeanor. SEC. 5. Be it further enacted by the authority aforesaid, If the oath prescribed in the foregoing sections shall be made and should be false, the person making it shall be punished for false swearing, and the contract shall be void, and all sums paid by the State or county may be recovered on the contract by appropriate suit. Penalty. SEC. 6. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing Clause Approved December 12, 1896.

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PROTECTION OF GAME-BIRDS AND ANIMALS. No. 68. An Act to protect game, insectivorous and singing birds, and game and animals in this State, to prohibit the taking or destroying the eggs of game birds, to prohibit the sale or offering for sale any of said birds or animals during certain seasons, to make penal the violation of the provisions of this Act, to supersede all existing laws on the subject of game and game protection, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That on 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, partridge, quail or any insectivorous or singing bird, except English sparrows, crows, larks, rice birds, night-hawks, wheat birds and doves, between the fifteenth day of March and the first day of November. It shall also be unlawful to shoot, trap, kill, ensnare, net or in any manner destroy any dove between the fifteenth day of March and the fifteenth day of August. It shall also be unlawful for any person to remove from the nests, or in any manner destroy the eggs of any of the birds protected by this Act during the periods they are so protected. It shall also be unlawful for any person to hunt, kill, shoot, wound, ensnare or in any manner destroy or capture any wild deer or fawn between the first day of January and the first day of September. It shall be further unlawful for any person to sell or offer for sale any game, bird or animal, or any part of either, whether dead or alive, that are protected by this Act during the periods so protected, and it shall be taken and deemed as prima facie evidence of a violation of the provision of this section for any person or persons to be found in possession of any of the animals or birds (or the eggs of birds) during the periods in which they are protected by this Act, and any person or persons who shall violate any of the provisions of this Act as anumerated in this section shall be guilty of a misdemeanor. Protection of birds from March 15 to Nov. 1. Of doves from March 15 to August 15. Of deer from January 1 to Sept. 1. SEC. 2. Be it further enacted, That this Act shall supersede all existing laws on the subject of game and game protection, and shall have a uniform and general application; and that all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved December 22, 1896.

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SALES UNDER WILD LAND TAX FI. FAS., EFFECT OF. No. 79. An Act to require all claimants of land sold under transferred wild land tax fi. fas., or under insufficient advertisement of transferred or untransferred wild land tax fi. fas., prior to the first day of January, eighteen hundred and eighty, to bring suit for such land within thirty-six months, and to provide for the manner of bringing such suits, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That all persons who claim title to any real estate in this State, and which real estate has been sold under wild land tax fi. fas. prior to the first day of January, eighteen hundred and eighty, are hereby required to institute proper actions for the recovery of same within thirty-six months from the date of the approval of this Act, or in default of such suit, such persons shall be precluded from availing themselves of any objection to such sales upon the ground that they were made under fi. fas. transferred by a Comptroller-General of this State, or of the fact that said wild land sale took place under a shorter advertisement than that required by law. Owners of land sold under wild land tax fi. fas. must sue for same in 36 months. SEC. 2. Be it further enacted, That suit may be brought by persons interested against any claimant of the land above described, whether such claimant be in possession or not; such suit to be brought in the county where the land lies and served upon the claimant wherever he may reside in this State. Who may sue. SEC. 3. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved December 24, 1896.

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TRUST DEEDS TO SECURE DEBTS, HOW ENFORCED. No. 103. An Act to provide for enforcing the rights of a trustee in a deed to real property made to secure a note or notes or other debt owing to one or more persons, and to more perfectly define the the rights of the parties to such a deed, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the same, That whenever any person or persons have conveyed any real property in this State by deed to a trustee or trustees to secure the payment of any note or notes or other debt owing to one or more persons, the rights of the trustee or trustees named in said deed, or their successor or successors in estate, as well as the rights of the holders or owners of the said notes or other debits in such real property, may be enforced in the following manner: The trustee or trustees named in said deed, or their successor or successors in estate entitled to enforce the said deed, may, upon the request of two-thirds in amount of the indebtedness thereby secured but not otherwise, petition to the superior court of the county of the residence of the maker of the deed, or if there be more than one maker, then in the superior court of the county of the residence of either, or if the maker or makers be non-residents of the State, then in the superior court of the county wherein the land or any part thereof conveyed by said deed is located, or to the city court, if any, in such county having jurisdiction of the amount claimed in said petition, which petition shall contain a statement of the case, the amounts demanded, and a description of the property covered by said deed to secure such demands; whereupon, the court shall grant an order directing the sums demanded in said petition, with interest and costs, to be paid into court on or before the first day of the next term immediately succeeding the one at which such order is granted; which order shall be published once a week for four weeks in some newspaper generally circulated in such county, or served on the maker of said deed, or his special agent or atttorney, at least twenty days previous to the time at which the money is directed to be paid in court aforesaid. Trust deeds to secure debts, petition for enforcement of. SEC. 2. Be it enacted by the authority aforesaid, That when an order for the payment of the sums demanded in said petition has been granted as hereinbefore provided for, and the same has been published or served as hereinbefore required, the maker of the

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deed sought to be enforced, or his special agent or attorney, may appear at the term of the court at which the money is directed to be paid, on or before the first day of such term, and file his objection to the enforcement of said deed, and may set up and avail himself of any defense which he might lawfully set up in an ordinary suit on the debts or demands secured by such deed, and which goes to show that the petitioner is not entitled to enforce the same, or that the amounts claimed are not due; provided, that the facts of such defense are verified by the affidavit of the maker of such deed, or his special agent or attorney, at the time of filing the same. Defenses, how pleaded. SEC. 3. Be it further enacted by the authority aforesaid, That when the maker of the deed is dead, the proceedings to enforce the same may be instituted against his executor or administrator. If maker be dead. SEC. 4. Be it further enacted by the authority aforesaid, That when proceedings to enforce such a deed are instituted and a defense is set up thereto, as hereinbefore provided, the issues thus raised shall stand for trial at the term at which the defense is made and be tried as other issues are tried in the court in which the said proceedings were instituted. Trial term. SEC. 5. Be it further enacted by the authority aforesaid, That when the maker of the deed, after being directed so to do, fails to pay the sums demanded in the petition, with interest and costs, as hereinbefore required, and also fails to set up and sustain his defense against the enforcement of the rights of the trustee and holders or owners of the notes or debts secured by the deed, the court shall give judgment for the amounts which may be due under such deed to be levied of said real property covered thereby, and shall order said real property covered by said deed to be sold in the manner and under the same regulations which governsheriff's sales under execution, upon such trustee's making and having recorded in the clerk's office of the superior court of the county where the land lies a deed reconveying said real property to the defendant; provided, however, said judgment shall take lien upon said real property prior to any claim or lien, except taxes, whatsoever, arising or created subsequent to the date of such deed to the trustee, if such deed be filed and recorded as now provided by law. Judgments, how enforced. Lien of. SEC. 6. Be it further enacted by the authority aforesaid, That the money arising from the sale of the property brought to sale under the regulations hereinbefore prescribed, shall be paid to the trustee, unless claimed by some other lien in the hands of the officer which in law may have priority over the deed; and when there shall be any surplus after paying the sums due under the said deed

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or other liens, the same shall be paid to the maker of the deed or his agent. Proceeds of sales, how disposed of. SEC. 7. Be it further enacted by the authority aforesaid, That if the deed is given to secure debts due by installments, and is enforced before any one of the installments falls due, and there is a surplus of funds as above stated, the court may retain the funds or order the same invested to meet the installments still unpaid. If debt is payable in installments. SEC. 8. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved December 24, 1896. PUBLIC ROADS, HOW WORKED. No. 106. An Act to amend an Act approved October 21, 1891, entitled an Act to give the commissioner of roads and revenues or the ordinary or county judge, as the case may be, of each county the power and authority to lay out, open, change or discontinue the public roads, and to work, and have worked the same; to provide for levying a tax for road purposes; to prescribe who shall be subject to road duty, for the appointment of a superintendent of roads, and other necessary officers; to provide how said roads shall be worked; to provide for the punishment of defaulters, and how and when this Act shall go into effect in any county, so as to provide an additional mode of working the public roads of this State, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, That the above recited Act be, and the same is, hereby amended as follows: On the filing of any petition with any ordinary in this State, signed by one hundred and fifty or more voters of the county of such ordinary, asking for an election to be held to determine whether the following plan shall be adopted for working the public roads of said county, the said ordinary shall make an order providing for an election, and shall appoint a day for the same, and public notice of the date of the same, for four successive weeks in the newspaper in which the legal advertisements of such county are published; on the day appointed an election shall be held at the election precincts in such county, under the laws of this State controlling elections, and the consolidated

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returns shall be made to the ordinary of such county. No additional or other registration shall be required of voters at such election, but the registration had at the next preceding election shall be sufficient for any election under this Act, and the name of any legal voter may be added to the list of voters by the registrars on his taking the required oath, unless the board of registrars decide that such voter is disqualified. Voters shall have written or printed on their ballots the words For the four days law, or Against the four days law. In the event that For the four days law shall have a majority of the votes cast at such election, the ordinary shall so declare by appropriate order, and thereafter the following shall be the road law of county. Petition to Ordinary for an election for. Four days law. SEC. 2. Be it further enacted, That each male inhabitant of such county between the ages of twenty-one years and fifty years, who are not physically or mentally disabled, shall be subject to road duty four days for eight full hours in each day, in each year, and no more; providing, any such person may be exempt from road duty by paying to the tax-collector of such county, on or before the 31st day of March in such year, the sum of three dollars, and it shall be the duty of the tax-collector to attend one day in each militia district to receive such tax, of which day he shall give ten days' notice in each district by posted notice. Road duty. Tax in lieu of service. SEC. 3. Be it further enacted, That it shall be the duty of the board of commissioners, or other taxing authorities of such county, to levy a tax of not less than ten nor more than twenty-five cents on each one hundred ($100) dollars of taxable property in such county, which shall be collected where and as the general tax is collected; and when the same is collected, the said board shall apportion the same to the different districts of said county in proportion to the amount of taxable property of each, to be applied as hereinafter provided to the improvement of the public roads of each district. The commutation tax shall go to the district of the residence of the persons paying the same. General tax for improvement of roads. SEC. 4. Be it further enacted, That it shall be the duty of the authority of such county having charge of the appointment of district road commissioners under existing laws, to appoint three discreet and suitable persons as district road commissioners, whose duty in addition to that imposed by the Code of 1882, shall be to apply the ad valorem tax and commutation money apportioned to their districts to the improvement of the roads of their respective districts in such manner as to them may seem expedient and best for the improvement of the public highways, and to this end they may employ overseers, labor, wagons and teams, and purchase material of any kind, tools and implements. The said commissioners

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are authorized to use their discretion in the manner of working and improving the roads of their respective districts, but shall make no contracts and incur no liability beyond their ability to pay with funds raised for the year in which the liability is incurred. They shall keep a book of minutes showing all their acts, and a book of warrants in which shall be copied by them all the warrants they may draw on the county treasurer. Road Commissioners, appointment and duty of. SEC. 5. Be it further enacted, That it shall be the duty of the district commissioners aforesaid, as soon as practicable after the 31st day of March of each year, to apportion the persons subject to road duty residing in their respective districts upon the different roads thereof, to appoint overseers and cause the work for the time required of the road hands under the provisions of this Act to be done in the manner indicated by and subject to all the provisions of the road law of this State as it appears in the Code of 1882, which is hereby declared of force, except as changed by this Act; and such commissioners, so far as possible, shall work the roads of their respective districts at such time as will least interfere with the agricultural pursuits of the people. Apportionment of road hands. SEC. 6. Be it further enacted, That for any failure to perform any duty by this Act imposed on them, or for making any fraudulent disposition of the funds hereby provided, or for any of the commissioners to be interested directly or indirectly in any contract, authorized to be made under this Act, the commissioner so offending shall be guilty of and punished as for a misdemeanor. Violation of this act by a Commissioner a misdemeanor. SEC. 7. Be it further enacted, That the said road commissioners, before entering upon the duties assigned them, shall be sworn faithfully and diligently to perform their duties as such road commissioners, and they shall administer to the overseers appointed by them oaths for the faithful and diligent performance of their duties as such overseers. Oaths of Commissioners and overseers. SEC. 8. Be it further enacted, That it shall be optionary with the counties of this State to adopt the road working plan provided by the Act of which this is amendatory, or that provided by this Act, as the counties may express their preference, as provided by law, but in all cases the plan adopted by popular vote shall prevail until superseded by law; provided, that this Act shall not repeal or effect any general or local law now of force, except in such counties as may adopt this Act. This act applies only in counties adopting it. SEC. 9. Be it further enacted, That all laws militating against this Act be, and the same are, hereby repealed. Repealing clause. Approved December 24, 1896.

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NORTHEASTERN RAILROAD, SALE OF. No. 92. An Act to authorize the sale of the Northeastern Railroad, and to confer powers and duties on the Governor thereto, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That within six months after the passage of this Act the Governor shall, after advertising the same for thirty days in four daily newspapers, to be selected by himself, offer for sale, to the highest bidder, all the property of the Northeastern Railroad of Georgia, consisting of its road-bed, right of way, side-track, rails, cross-ties, station-houses, rolling-stock, equipment and all property rights, privileges and franchises pertaining to the said railroad. Said advertisement shall request that sealed bids for the purchase of said railroad be sent to the Governor on or before a day and time to be appointed by him, 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 two hundred and eighty-seven thousand dollars, on such terms as to payment as are hereafter provided, and the Governor shall have the right to reject any and all bids. Sale of Northeastern Railroad. SEC. 2. Be it further enacted by the authority aforesaid, That each bidder for said property, as a prerequisite to having his bid entertained, shall deposit with his bid a certified check on some solvent bank in the State of Georgia for the sum of ten thousand dollars, payable to the Treasurer of the State. Such checks so deposited by unsuccessful bidders shall be returned to them, and the check so deposited by the successful bidder shall be retained by the Governor and applied as a part payment of the first payment for said property as hereinbefore provided; but in the event such successful bidder shall fail to make said first payment within the time required, said check and the sum of money represented by it shall stand as a forfeit and shall become at once the property of the State. Bidders must deposit certified checks. SEC. 3. Be it further enacted by the authority aforesaid, That the purchaser of said property shall be required to pay for the same as follows: Fifty thousand dollars in cash within thirty days from the date of sale, and the remaining amount of the purchase price in equal sums extending over a period of five years, and to be paid annually on the day in each year corresponding to the date of said cash payments, shall bear interest at the rate of three and one-half per centum per annum, to be paid semi-annually. The title to said

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property shall remain in the State until all of the deferred payments shall have been fully paid. The purchaser shall have the right to pay any or all of the deferred payments at any semi-annual interest period. In case of default of any yearly payment or any interest payment when due, the State shall have the right to enter upon and seize said property, and said purchaser shall be dispossessed, and all moneys which may have been paid by him shall belong to the State as payment for the lease of said property for the time previous to said default, and such purchaser shall no longer have any right or interest in said property, but the title and possession thereof shall be and remain absolutely in the State. Terms of payment. Default, effect of SEC. 4. Be it further enacted by the authority aforesaid, That when the sale has been consummated in accordance with the terms of this Act, and all of its conditions have been complied with, the Governor is authorized and instructed to make to the purchaser a fee simple title to said property; provided, nevertheless, that nothing in this Act shall be construed as affecting the rights of the lessees of said property as given by the Act approved December 19, 1895, which provides for the sale or lease of the Northeastern Railroad, and as given by the contract of lease made in pursuance of said Act; and provided further, that in the conveyance to be made said purchaser there shall be incorporated a provision to the effect that such conveyance is made subject to the rights of said lessees under said Act and said contract of lease. Rights of lessees. SEC. 5. Be it further enacted by the authority aforesaid, That when said property shall have been sold and the first payment made as hereinbefore provided, said property shall immediately become subject to taxation as other railroad property in this State. Road to be subject to tax. SEC. 6. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved December 24, 1896. SCHOLASTIC MONTH TWENTY DAYS. No. 53. An Act to define and prescribe what shall be a scholastic month in the public schools of thts State, and for other purposes. SECTION 1. Be it enacted, and it is hereby enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, That from and after the passage of this Act twenty

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school days shall constitute and be deemed and treated as a scholastic month in all the public schools of this State. Scholastic month 20 school days. SEC. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved December 17, 1896. SCHOOL FOR THE DEAF, PUPILS OF. No. 118. An Act to prescribe the terms of admission into the Georgia School for the Deaf, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, That from and after the passage of this Act all persons in the State between the ages of seven and twenty-five years, who are too deaf to be educated in the common schools, and who are otherwise in a condition mentally and physically to receive instruction profitably, and free from any immoral conduct or contagious disease, shall be entitled to admission as pupils to all the privileges of the respective departments of the Georgia School for the Deaf free of cost, to remain such a number of school terms or portions thereof as the board of trustees, upon recommendation by the principal, shall see proper to grant; provided, no pupil shall be allowed to remain more than twelve terms. School for the Deaf, pupils of. SEC. 2. Be it further enacted, That in case parents or guardians are unable to furnish the pupil with such clothing as may be prescribed by the board of trustees, such clothing may be supplied by the authorities of the school free of cost, upon certificate of the ordinary of the county from which the pupil comes, with his official seal attached, that said parent or guardian is not in a pecuniary condition to furnish said clothing. All pupils may be furnished shoes from the shop free of cost. Clothing for indigent pupils. SEC. 3. Be it further enacted, That in cases of great destitution, which fact shall be made to appear by certificate of the ordinary of the county under seal from which the pupil comes, the railroad fare of such pupils coming to and from the school may be paid from the support fund of the school; and further, that in case such pupils have no home to which they can be sent for the vacations, the board of commissioners of their county or other proper authority shall make the necessary provision for their care during vacation. Railroad fare of indigent pupils. SEC. 4. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and are, hereby repealed. Repealing clause. Approved December 24, 1896.

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CANDY, ADULTERATION OF PROHIBITED. No. 87. An Act to prevent the adulteration of candy and provide a penalty for a violation of same. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, That no person shall, by himself, his servant, or agent of any other person or corporation, manufacture for sale, or knowingly sell, or offer to sell, any candy adulterated by the admixture of terra alba, barytes, talc, or any other mineral substance, by poisonous colors or flavors, or other ingredients deleterious or detrimental to health. Adulterated candy, manufacture and sale prohibited. SEC. 2. Be it further enacted, That whoever violates any of the provisions of this Act shall be guilty of a misdemeanor, and upon conviction be punished as prescribed in volume III., section 1039, Code of Georgia, 1895. Penalty. SEC. 3. Be it further enacted, That all laws in conflict here-with are repealed. Repealing clause. Approved December 24, 1896. POISONING WATER PROHIBITED. No. 57. An Act to prohibit the poisoning of any spring, well, or reservoir of water, to provide a penalty for a violation of the same, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act any person who wilfully and wantonly poisons or procures another to poison any spring, fountain, well, or reservoir of water, shall be deemed guilty of a felony, and on conviction therefor shall be imprisoned in the penitentiary for a term of not less than two nor more than twenty years. Poisoning water prohibited. Penalty. SEC. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved December 19, 1896.

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PILOT LAW OF 1886 AMENDED. No. 61. An Act to amend the general pilotage laws of this State, approved December 1st, 1886, so as to reduce the number of pilots for the port of St. Mary's from eight (8) to four (4), and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority aforesaid, That from and after the passage of this Act section 1 of said Act (approved December 1, 1886), be amended by striking from said section the following words and figures, to wit: and eight (8), and insert in lieu thereof the following words and figures, and four (4), so that said section, when amended, shall read as follows: Pilot law of 1886 amended. That the commissioners of pilotage at each of the ports of this State are empowered to license such persons (being citizens of the United States) of good character as they shall think most fit to act as pilots, for the purpose of conducting vessels inward to and outward from the several ports and rivers for which they shall be licensed during their good behavior. Pilots already licensed for any said ports or rivers shall continue to act until removed for cause. Pilots, how licensed. No additions shall be made to the present number of licensed pilots until the number shall not exceed twenty (20) for the port of Savannah, ten (10) for the ports of Doboy and Darien, fifteen (15) for the port of Brunswick, four (4) for the Great Satilla river, and four (4) for the port of St. Mary's; and thereafter, when vacancies occur in the number of pilots on any one of the before-named ports or rivers, the commissioners of that port may in their discretion grant licenses as pilots as hereinbefore provided, until the number of pilots reaches the number allowed by this Act for that port or river. This Act shall not prevent the commissioners of any one of the beforenamed ports from, in their discretion, granting licenses to such apprentices as were apprentices at the date of the passage of this Act, when any one of such apprentices has fulfilled the requirements of the laws of the State of Georgia and the rules and regulations established by the commissioners of the said port. No person, other than a duly licensed pilot, shall be entitled to receive any fee, gratuity or reward for conducting or piloting any vessel inward to or outward from any of the ports, rivers or harbors for which a pilot shall be licensed. If any person, having no authority or license to act as pilot, or who having

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had any authority, has had it suspended or revoked by the commissioners, shall, while his license is suspended, pilot or conduct any vessel inwards to or outwards from any of the ports, rivers or harbors of this State, or if any person interferes with or disturbs a licensed pilot in the way of his duty, such person may, on conviction, be fined and imprisoned at the discretion of any court having jurisdiction; but any person may assist a vessel in distress without any pilot on board if such person shall deliver up the vessel to the first pilot who comes on board and offers to conduct it, but the vessel must fly the signal for a pilot until one has been received or his services tendered. Number allowed. Apprentices licensed. Rights of pilots. SEC. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved December 19, 1896. STATE NAVAL MILITIA, ORGANIZATION AND GOVERNMENT OF. No. 77. An Act to alter and amend an Act entitled an Act to provide for the establishment and government of a State Naval Militia, and for other purposes connected therewith, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That section two (2) of said Act be amended as follows: By striking the word companies in the fourth and seventh lines thereof, and inserting in lieu thereof the word divisions in each place, and strike the word company in the eighth line and insert the word division in lieu thereof, and by striking the word reserve in the seventh and eighth lines, so that said section, when amended, shall read as follows: That in addition to the companies of the Georgia Volunteers, which are now, or which may be hereafter allowed, there may be allowed, in time of peace, the following divisions of naval militia, organized by voluntary enlistment for the defense of the coast and harbors, which shall constitute a battalion to be known as the Naval Battalion of Georgia Volunteers, towit: Three divisions of Naval Artillery and one Naval Torpedo division; provided, that the Commander-in-Chief shall have power, in case of war, insurrection, invasion or imminent danger thereof, to increase said force beyond such limit of four companies, and to

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organize the same as the exigencies of the service may require; provided, further, that the Commander-in-Chief may alter, annex, divide, consolidate or disband the said Naval Battalion, or any part thereof, whenever in his judgment the efficiency of the State service will be increased thereby. State naval militia, organization of. SEC. 2. Be it further enacted by the authority aforesaid, That section four (4) of said Act shall be amended as follows: By striking the word lieutenant in the second line and inserting the word commander in the third line, after the word lieutenant and before the word to, and by striking the word shall in the tenth line, and inserting in lieu thereof the word may, and by adding after the word arms in the eleventh line the following words: One electrician, one chief gunner's mate, one chief quartermaster, four quartermasters and eight signalmen, and inserting the word chief after the word one and before the word boatswain in the twelfth line, and also by adding to the end of said section the following words: Also, when there is a ship on station, there shall be attached to the ship an engineer's division, which shall be appointed by the commanding officer of the battalion and commissioned by the commander-in-chief, to consist of one chief engineer of the rank of lieutenant, junior grade, two assistant engineers of the rank of ensign and five machinists, four oilers and four water-tenders without rank, so that said section, when amended, shall read as follows: That to the aforesaid Naval Battalion there shall be one commander, who shall command the same, one lieutenant commander to act as executive officer and one lieutenant to act as navigator, which officers shall be chosen and commissioned as soon as the said Naval Battalion is fully organized. The commanding officer of the said Battalion shall have power to appoint a staff, to be commissioned by the Commander-in-Chief, to consist of one aide, one ordnance officer, one paymaster, who shall be mustering officer, one surgeon, each with the rank of lieutenant, junior grade. There may also be attached to the staff of the commanding officer the following warrant and petty officers: One master-at-arms, one electrician, one chief gunner's mate, one chief quartermaster, four quartermasters and eight signalmen, two yeomen, one hospital steward and one chief boatswain's mate. Also, when there is a ship on station, there shall be attached to the ship an engineer's division, which shall be appointed by the commanding officer of the battalion and commissioned by the Commander-in-Chief, to consist of one chief engineer of the rank of lieutenant, junior grade, two assistant engineers of the rank of ensign and five machinists, four oilers and four water-tenders, without rank. Officers of. Engineers' division.

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SEC. 3. Be it further enacted by the authority aforesaid, That section five (5) of said Act be amended as follows: By striking the word company in the first, second, third and sixth lines of said section and inserting the word division in lieu thereof in each place, and strike the word reserve wherever it occurs in the second and fifth lines of said section, and strike the words warrant and in the seventh line after word sixteen and before the word petty, and insert after the word of and before the word three in the sixth line the following words: not more than, so that said section, when amended, shall read as follows: That each division of Naval Artillery and the Naval Torpedo division shall be commanded by a lieutenant and shall contain one lieutenant, junior grade, two ensigns, and not less than thirty-two nor more than sixty warrant and petty officers and seamen as enlistmen. The Naval Torpedo division shall consist of not more than three crews, each of which shall contain at least sixteen petty officers and seamen. The first crew shall be commanded by the lieutenant, junior grade, the second and third crews by the two ensigns. Each torpedo crew shall contain at least two men with practical knowledge of electricity, and two others with a practical knowledge of steam engineering. Naval artillery and naval torpedo division. SEC. 4. Be it further enacted by the authority aforesaid, That section seven (7) of said Act be amended by striking from the sixth line thereof the words Georgia Volunteers and inserting in lieu thereof the words United States Navy, so that said section, when amended, shall read as follows: That the officers and enlisted men of the aforesaid Naval Battalion, or any part thereof, shall perform such duty or service as may be ordered by the Commander-in-Chief, and shall be paid the same compensation as is allowed officers and enlisted men having the relative rank or position in the United States Navy for performing similar duty or service, but they shall not receive any compensation form the State for duty performed by way of instruction or drill, or otherwise, for which they shall receive compensation from the United States. The uniform of the Naval Battalion and the insignia and designation of grade and rank shall be prescribed by the Commander-in-Chief, who may change and modify the same from time to time. Service and compensation of naval battalion. Uniform. SEC. 5. Be it further enacted by the authority aforesaid, That section ten (10) of said Act be amended by striking the word company in the fourth and seventh lines of said section, and inserting in lieu thereof the word division in each place, so that said section, when amended, shall read as follows: That the Naval Battalion shall be considered to correspond to a battalion in the Georgia Volunteers, and shall be entitled to all the privileges and allowances

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of such battalion. Each division of said Navy Battalion shall be considered as the equivalent of a company of the Georgia Volunteers, and shall be entitled to the same privileges and allowances. The members of the Naval Battalion and each division thereof may form themselves into an organization, and adopt by-laws in the same manner, with the same powers, and subject to the same limitations as are now prescribed for members of companies in the Georgia Volunteers. Privileges and allowances. SEC. 6. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved December 22, 1896.

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Part II.Corporations. TITLE I.RAILROAD AND INSURANCE COMPANIES. TITLE II.BANKING, LOAN AND TRUST COMPANIES.

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TITLE I. RAILROAD AND INSURANCE COMPANIES. ACTS. Atlanta and West Point Railroad Company, charter amended. Atlantic, Atlanta and Great Western Railroad and Navigation Company, Act incorporating re-enacted, etc. Georgia Empire Mutual Insurance Company, charter amended. ATLANTA AND WEST POINT RAILROAD COMPANY, CHARTER AMENDED. No. 62. An Act to amend the charter of the Atlanta and West Point Railroad Company. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That the said charter of the Atlanta and West Point Railroad Company be, and the same is, hereby amended by striking out of the original Act of incorporation, approved December 27th, 1847, sections 7, 8 and 9, said sections being in the following language: Sections 7, 8 and 9 of act of December 27, 1847. stricken. Sec. 7. And be it further enacted, That the private property of each stockholder equal to the amount of his stock shall be liable for the debts of the incorporation. In the event of the neglect or refusal of the incorporation to pay any debt owing by the same, the creditor or creditors thereof may sue the company in their corporate name, and upon obtaining execution against the company it shall first be levied upon the corporate property of said company,

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to wit: The road or any portion thereof, the cars, etc., which shall be first liable, and upon the return of the proper officer or officers, of `no corporate property to be found,' said execution may then be levied upon an amount of the private property of any stockholder of the company equal to the amount of his stock; if that be not sufficient to satisfy the said execution, then it may be levied upon the private property of any other stockholder equal to his stock, and so on until the execution is fully satisfied; and in all cases the levying officer shall be the judge of the amount of private property necessary to satisfy the fi. fa. Sec. 8. And be it further enacted, That it shall be the duty of said company to publish semi-annually in some public gazette of this State a full statement of the names of the stockholders of said company and the amount of stock owned by each. And that any trasfer of the stock so owned by each stockholder transferred six months prior to the obtainment of judgment against the company shall not discharge his private property, but it shall still be bound under the provisions and in the manner pointed out in the foregoing section. Sec. 9. And be it further enacted, That in case any stockholder or stockholders shall be compelled under the foregoing section to pay off the execution or executions obtained against the company, it shall be kept open for his or their benefit and may be levied by him or them upon the private property of any or all of the other stockholders in proportion to their respective shares of stock. SEC. 2. And be it further enacted by the authority aforesaid, That said charter be amended further by striking out of the Act amending said charter, approved January 15th, 1852, section 1 of said Act, in the following language: And be it further enacted, That it shall be the duty of the Atlanta and LaGrange Railroad Company to keep at all times at their principal office or place of doing business a stock list containing the names of the stockholders in said company and the numbers of shares owned by each, which list of stockholders shall at any and all times be subject to inspection of any person desiring to see the same; and any transfer of the stock so owned by each stockholder within six months prior to the obtainment of judgment against the company shall not discharge his private property, but it shall still be bound under the provisions and in the manner pointed out in the seventh section of the Act incorporating said company. Section 1 of amendatory act of January 15, 1852, stricken. SEC. 3. And be it further enacted by the authority aforesaid, That said charter be further amended by striking out the whole of the amending Act approved March 18, 1869, in the following language: That the Atlanta West Point Railroad Company be,

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and is, hereby authorized to subscribe for stock in the Columbus West Point Railroad Company to such an amount and on such terms and conditions as may be agreed upon by the board of directors of the two companies respectively. All of amendatory act of March 18, 1869, stricken. SEC. 4. Be it further enacted by the authority aforesaid, That said charter be further amended as follows: Said Atlanta West Point Railroad Company shall have power to borrow such sum or sums of money at such rate, not to exceed the legal rate of interest, and upon such terms as said company or its board of directors shall authorize or agree upon, may deem necessary or expedient, and may execute one or more trust deeds or mortgages, or both, if the occasion may require, on said railroad for the amount or amounts borrowed or owing by said company, as its board of directors may deem expedient. Said company may make such provisions in such trust deed or deeds or mortgage or mortgages for transferring its tracks, depots, grounds, rights, privileges, franchises, immunities, machine shops, rolling-stock, furniture, tools, implements, appendages and appurtenances used in connection with its said railroad in any manner then belonging to it, as security for any bond, debts, or sums of money as may be secured by such trust deeds or mortgages as they shall deem proper. All of such trust deeds or mortgages shall be subject to the laws of registration of the State of Georgia, and may be recorded in each county where any of the property may be located covered thereby; but all rights to borrow money, issue bonds or other evidences of debts, and to execute trust deeds or mortgages to secure the same shall be exercised within the limitations and in the manner which may hereafter be prescribed by the laws of this State. Said power herein provided shall not be exercised until the board of directors is empowered to do so by the stockholders of said company holding a majority of its stock, at a meeting specially called therefor, and it is expressly provided that in any mortgage or trust hereafter made under the foregoing authority, provision shall be made for the retirement by said company of its now outstanding certificates of indebtedness. Powers given as to borrowing money. To be secured by trust deed or mortgages. Transfers of tracks, depots, franchises, etc. Registration of trust deeds or mortgages. Limitations upon powers to borrow money and execute trust deeds, etc. Must be authorized by stockholders. Provision for retiring of outstanding certificates of indebtedness. SEC. 5. Be it further enacted by the authority aforesaid, That said Atlanta West Point Railroad Company may continue as a corporation with all the powers and privileges which it possesses by virtue of said charter as herein amended, for the period of fifty years from the approval of this Act. Charter extended for fifty years. SEC. 6. Be it further enacted 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 19, 1896.

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ATLANTIC, ATLANTA AND GREAT WESTERN RAILROAD AND NAVIGATION COMPANY, ACT INCORPORATING RE-ENACTED, ETC. No. 21. An Act to re-enact an Act entitled an Act to incorporate the Atlantic, Atlanta and Great Western Railroad and Navigation Company, with power to procure rights of way, to own or lease and operate ships, sloops, steamboats and other craft, and issue stocks and bonds, and for other purposes, approved September 22, 1887, and to validate the acts and deeds done under, by and in pursuance of said original Act. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and by the authority of the same it is hereby enacted, That the Act mentioned in the above caption be, and the same is, hereby re-enacted in each and every particular in said Act mentioned, as though the same were herein repeated and copied in full. Act of September 22, 1887, re-enacted. SEC. 2. Be it further enacted by the authority aforesaid, That all acts, deeds, and things done in pursuance of said act, are hereby re-enacted, are hereby recognized and established in each and every particular whatsoever. That the mortgage executed by and in pursuance of the provisions of said original Act be, and the same is, hereby declared to be legal and valid, and that all stocks and bonds issued under and in pursuance of the authority of said Act, and secured by the mortgage aforesaid, are hereby declared to be legal, valid and binding obligations, and all rights vested in said holder or holders of said bonds and stock so issued and secured by mortgage aforesaid are hereby declared to be legal, valid and binding obligations upon the franchises and property of said Atlantic, Atlanta and Great Western Railroad and Navigation Company. Things done pursuant to said act recognized and established. SEC. 3. Be it further enacted by the authority aforesaid, That this Act repeals all laws and parts of laws in conflict herewith, and in conflict with the Act hereby re-enacted. Approved December 12, 1896.

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GEORGIA EMPIRE MUTUAL INSURANCE CO., CHARTER AMENDED. No. 15. An Act to amend an Act incorporating the Georgia Empire Mutual Insurance Company approved September 4th, 1885. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That section 9 of the Act approved September 4th, 1885, incorporating the Georgia Empire Mutual Insurance Company, be, and the same is, hereby amended in the sixteenth or last line of said section by striking therefrom the words either as a mutual or and inserting in lieu of said words the word as, so that said section, when amended, shall read as follows: Section IX. Be it further enacted by the authority aforesaid, That should said board of directors so determine, they may, as a security for said company, open books of subscriptions to a capital stock of one hundred thousand dollars, with the privilege of increasing the same, but should they do this, then said stockholders shall be members of said company, entitled to elect said board of directors and exercise all rights of members mentioned herein instead of said policy-holders; provided, however, that said board, from the earnings as aforesaid, may, in their discretion, allow said policy-holders such participation in profits as they may deem proper; and provided, however, that at least one hundred thousand dollars of said stock shall be actually paid up in cash, stocks and bonds, estimated at their actual market value, or mortgages on real estate worth double the amount for which same is mortgaged, as specified in section 2844 of the Code, before said company shall proceed with its business as a stock company. Section 9 of act of September 4, 1885, amended. So that corporation shall be stock company. Section as amended. SEC. 2. Be it further enacted 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 12, 1896.

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TITLE II. BANKING, LOAN AND TRUST COMPANIES. ACTS. American Trust and Banking Co., charter amended. Atlanta Savings, Loan and Trust Co., charter amended. Bank of Forsyth, charter amended. Commercial Bank of Albany, charter amended. Finance Banking Co., of Atlanta, Georgia, charter amended. Georgia Loan and Trust Co., charter amended. AMERICAN TRUST AND BANKING CO., CHARTER AMENDED. No. 55. An Act to amend an Act to incorporate the American Trust and Banking Co., approved August 29, 1889, and also an Act amendatory thereof, approved December 20, 1890; to enlarge the powers of said corporation; to authorize it to become surety upon the bonds of public and private officials, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, That the Act incorporating the American Trust and Banking Co., approved August 29, 1889, and likewise the Act amendatory thereof, approved December 20, 1890, be, and the same are, hereby amended, by adding thereto the following section to be known as section 13: Acts of August 29, 1889, and December 20, 1890, amended. Be it further enacted that said American Trust and Banking Co. shall have the power and authority to guarantee, for a premium to be paid therefor, the fidelity of any person or persons holding places of public or private trust, or employed by any corporation or person doing business in this State or any other State; and shall

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also have the power of guaranteeing any bonds and undertakings and the faithful discharge of any duties or obligations required by law, of any State or county officer or employee, by joining as surety therein or otherwise, and in all other respects to do and carry on the business of fidelity and guaranty insurance, upon such terms as to compensation as may be agreed upon, and all such bonds so guaranteed shall be deemed and held to be lawful bonds when the same shall have been accepted, and shall be enforceable against the maker thereof and the said corporation as surety, in the same manner as it is provided by law for the enforcement of other bonds. New section. Power to do fidelity guarantee business. Also to guarantee bonds, etc. SEC. 2. Be it further enacted by the authority aforesaid, That section 1 of the Act approved December 20, 1890, amending the charter of said American Trust and Banking Co., be, and the same is, hereby amended by striking from said section the following words beginning in the middle of the fourth line of said section, to wit: Section to of act of December 20, 1890, amended. So long as the paid up capital stock of said company shall remain as much as five hundred thousand dollars, so that said section, when amended, shall read as follows: Said company may receive and accept the appointment of trustee, administrator, guardian, executor, assignee, etc., etc. Provision as to amount of capital stock necessary stricken. SEC. 3. Be it further enacted 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, 1896. ATLANTA SAVINGS, LOAN AND TRUST CO., CHARTER AMENDED No. 111. An Act to amend an Act approved October 24th, 1887, entitled an Act to incorporate the Atlanta Savings, Loan and Trust Company, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, That the Act of the General Assembly of Georgia, approved October 24th, 1887, incorporating the Atlanta Savings, Loan and Trust Company, be, and it is hereby amended as follows, to wit: That in he sixth line of section 1 of said Act the word Atlanta be tricken, and the word Provident substituted therefor; and the comma after the word savings be stricken, and the word loan be stricken, so that said section 1 of said Act, when so amended,

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shall read as follows, to wit: Section 1. Be it enacted by the General Assembly of Georgia, That Evan P. Howell, Henry B. Tompkins, Joseph Thompson, Livingston Mims, Dudley DuBose, John A. Fitten, Erastus F. Gould, of said State, their associates and successors, are hereby constituted and declared to be a body corporate and politic under the name of the `Provident Savings and Trust Company,' with perpetual succession, and with power under this name to sue and be sued; to have and use a common seal; to make, alter and amend by-laws for its government not inconsistent with the laws of the United States or of this State. Act of October 24, 1887, amended. Name changed to Provident Savings and Trust Company. Section as amended. SEC. 2. Be it further enacted, That in the seventh line of section 2 of said Act the word five and in the eighth line the word hundred, being respectively the last word of said seventh line and the first word of said eighth line, be stricken and the words two hundred and fifty be substituted therefor, and in the tenth line of said section 2 the word five be stricken, and the word two be substituted therefor, so that said section, when so amended, shall read as follows, to wit: May begin business when 250 shares are subscribed. Monthly installments on stock to be two dollars. SEC. 2. Be it further enacted, That the capital stock of said corporation shall be one hundred thousand dollars, divided into one thousand shares of one hundred dollars each, with the privilege of increasing the same at any time to five hundred thousand dollars, and the incorporators, or a majority of them, are hereby authorized and empowered to open books of subscription for said stock, and to organize and commence business when two hundred and fifty shares shall have been subscribed and the sum of ten thousand dollars paid in on said stock; the stock shall be paid for in monthly installments of not less than two dollars for each share subscribed for, or in such other way as the directors may decide, and the shares shall be one hundred dollars per share; provided, that any stockholder shall have the right to pay the entire amount subscribed at any time. Section as amended. SEC. 3. Be it further enacted, That in all other respects the said Act approved October 24th, 1887, incorporating the said Atlanta Savings, Loan and Trust Company, be, and it is, hereby ratified and approved. In all other respects act of October 24, 1887, ratified. SEC. 4. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 23, 1896.

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BANK OF FORSYTH, CHARTER AMENDED. No. 12. An Act to amend an Act to incorporate the Monroe Banking, Loan and Guarantee Company, and for other purposes, adopted October 22, 1887, and which was afterwards amended by changing the name of said bank to the Bank of Forsyth, approved December 4th, 1895, by giving the said corporation additional powers, and for other purposes. SECTION 1. Be it enacted, That an Act entitled an Act to incorporate the Monroe Banking, Loan and Guarantee Company, and for other purposes, approved October 22nd, 1887, and afterwards amended by changing the name of the said bank to its present name, to wit, the Bank of Forsyth, be amended by adding to said Act an additional section, to be known as section 10, to wit: That the Bank of Forsyth shall have power, by a resolution passed by its board of directors for that purpose, to guarantee and insure all bonds of administrators, executors, trustees, state, county and municipal officials. Bank given power to guarantee and insure official bonds, etc. SEC. 2. Be it further enacted, That section 10 of the original Act, approved October 22nd, 1887, be changed into section eleven. Change in number of section. SEC. 3. Be 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, 1896. COMMERCIAL BANK OF ALBANY, CHARTER AMENDED. No. 63. An Act to amend the charter of the Commercial Bank of Albany, approved December 11, 1871, and the several Acts amendatory thereof, by authorizing the decrease of increase of the capital stock of said bank within certain limits, and for other purposes connected therewith. SECTION 1. Be it enacted by the Legislature of the State of Georgia, and it is hereby enacted by authority of the same, That the charter of the Commercial Bank of Albany, approved December 11, 1871, and the several Acts amendatory thereof, be, and the

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same are, hereby amended, so that said bank, by and with the consent of a majority of its stock, be permitted and authorized to reduce its capital stock from $100,000 to $50,000, and that such reduction be made in such manner, at such times and in such sums as the president and board of directors of said bank may, in their judgment, deem most advisable for the interest of the stockholders. Reduction of capital stock authorized. Method of making reduction. SEC. 2. Be it further enacted by the authority aforesaid, That the president and directors of said bank, by and with the consent of a majority of the stock thereof, may increase or decrease the capital stock of said bank in such manner, at such times and in such sums or amounts as they may deem most advisable to the interest of the stockholders; provided, such capital stock shall at no time be increased beyond $250,000, or decreased beyond $50,000. Increase or decrease of capital stock. SEC. 3. Be it further enacted by the authority aforesaid, That the reduction, increase or variation of the capital stock of said bank, as herein authorized, shall in no way interfere with the liabilities of said bank to its creditors, nor with the liabilities of the stockholders thereof, but the liabilities of said stockholders to continue and remain as provided in said original Act and amendments thereof. Not to interfere with liability to creditors Nor with liability of stockholders. SEC. 4. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 22, 1896. FINANCE BANKING CO., CHARTER AMENDED. No. 18. An Act to amend an Act entitled an Act to incorporate the Finance Banking Company of Atlanta, Georgia, approved November 13th, 1889. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, That the Act entitled an Act to incorporate the Finance Banking Company of Atlanta, Georgia, approved November 13th, 1889, be, and is, hereby amended by the addition thereto of the following section, to wit: Section 13. Be it further enacted, That said company may at any time, when such action is determined upon by its board of directors, issue debenture coupon bonds in denominations of not less than ten dollars or more than five thousand dollars, payable at a time therein specified, and drawing any lawful rate of interest, and to secure the payment of the same may transfer

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to a trustee all its securities, property, effects or franchises, or any part thereof, by way of mortgage, deed, pledge or otherwise; and said company may sell, loan, pledge, hypothecate or otherwise dispose of bonds issued pursuant to authority hereby granted, by means of agents or otherwise, at a price and upon a commission to agents, should such be employed, both to be fixed by the board of directors. Act of November 13, 1889, amended. Additional section. Issue of debenture coupon bonds. Security for same. Sale, loan, etc., of bonds. SEC. 2. Be it further enacted by the authority aforesaid, That the Act approved November 13th, 1889, the title of which is fully set forth in the caption of this Act, be further amended by striking out section 11 as written, which latter relates to the liability of stockholders to the creditors of the corporation, and substituting in lieu thereof the following: Section 11. Be it further enacted by the authority aforesaid, That said corporation shall be responsible to its creditors to the extent of its capital and its assets, and each stockholder shall be individually liable for all the debts of said corporation, to the extent of his or her unpaid shares of stock, and said stockholders shall be further and additionally individually liable, equally and ratably, and not one for another, as securities, to depositors of said corporation for all moneys deposited therein, in an amount equal to the face value of their respective shares of stock, it being the true intent and purpose of this section of this Act, that, as to depositors, for all moneys deposited with said corporations, there shall be an individual liability upon such stockholders in such corporation, over and beyond the par value of his or her original shares of stock, equal in amount to the face value of said shares of stock; provided, that said liability of the stockholders shall not permit depositors from having equal rank with all other creditors upon the capital, property and assets of said bank. Section 11 of act of November 13, 1889, stricken. Section substituted. Liability to creditors. Liability to stockholders. Liability to depositors. SEC. 3. Be it further enacted by the authority aforesaid, That this Act shall take effect immediately. Approved December 12, 1896. GEORGIA LOAN AND TRUST CO., CHARTER AMENDED. No. 8. An Act to amend an Act, approved September 26th, 1883, entitled an Act to incorporate the Georgia Loan and Trust Company. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, That an Act entitled an Act to incorporate the Georgia Loan and Trust Company, which Act incorporates said company

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and grants unto said company or corporation certain powers and privileges, among which are full power and authority to do a general banking business, so far as to receive money on deposit for investment only, to make loans upon any security, either real or personal, it may deem proper, to negotiate loans, etc., be, and the same is, hereby amended by striking from the last sentence in the first section of said Act the word Americus, and inserting in lieu thereof the word Macon, so that said last sentence, when so amended, shall read as follows: And the principal office of said company shall be located in Macon in this State. Act of September 26, 1883, amended. Principal office to be at Macon. SEC. 2. Be it enacted by the authority aforesaid, That all laws and parts of laws of this State in conflict with this Act be, and the same are, hereby repealed. Approved November 30, 1896.

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GEORGIA BANKING AND SECURITY CO., CHARTER AMENDED. No. 133. An Act to authorize the Georgia Security and Banking Company to exchange its real estate with its stockholders in cancellation of stock therein; and to provide for a liquidation of said Banking Company, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That the Georgia Security and Banking Company be, and it is, hereby authorized and empowered, through its board of directors, to exchange real estate or any part thereof, owned by said company, with any one or more of the stockholders of said company, upon application therefor by said stockholder or stockholders, in cancellation of his or their stock; said stock shall be received at its face value from the stockholder, and the real estate exchanged for same shall be valued at not less than its cost to said company. Authority to exchange realty with stockholders. In cancellation of stock. Terms of exchange. SEC. 2. Be it further enacted by authority of the same, That when the entire real estate owned by said The Georgia Security and Banking Company shall have been disposed of in the manner provided in section 1 of this Act, or in any other manner, then the board of directors shall be authorized to call a meeting of the stockholders of said company and liquidate the same; provided, that nothing in this Act shall interfere with the liabilities to creditors of said The Georgia Security and Banking Company, or in any wise change the present status of said Company or its stockholders with reference to the debts of the same. Liquidation of company. Liability to creditors not interfered with. SEC. 3. Be it further enacted by authority of the same, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved February 4, 1897.

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

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TITLE I. MUNICIPAL CORPORATIONS. ACTS. Albany, corporate limits. Americus, corporate limits. Arabi, charter amended. Atlanta, charter amended. Augusta, Recorder of. Augusta, charter amended. Augusta, use of streets by railroads. Augusta, improvement of sidewalks. Baldwin, town of incorporated. Battle Hill, charter amended. Baxley, charter amended. Bowersville, town tax. Boston, charter amended. Buford, new charter. Colquitt, charter amende Dalton, charter amended. Davisboro, charter amended. Elberton, city of incorporated. Fitzgerald, city of incorporated. Fort Gaines, dispensary for. Homerville, new charter for. Jefferson, charter of amended. Lavonia, new charter for. Macon, charter of amended. Mitchell, town of incorporated. Monroe, town of, charter repealed. Monroe, city of incorporated. Oakland City, charter of amended. Plains, town of incorporated. Rochelle, town of incorporated. Savannah, Park and Tree Commission, Act amended. Summerville, registration of voters. Summerville, qualifications of voters. Tallapoosa, new charter for. Valdosta, charter amended. Whigham, new charter for. Yatesville, town of incorporated.

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ALBANY, CHARTER AMENDED. No. 44. An Act to amend the charter of the city of Albany, by enlarging the incorporate limits thereof, defining the limits of the lands annexed, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That the corporate limits of the City of Albany be, and the same are, hereby enlarged, so as to include all lands embraced within a distance of five hundred and sixty-six (566) feet due north of that portion of the north line of said city which runs between Jefferson and Monroe streets, or the prolongation thereof, in said city. Albany, corporate limits extended. SEC. 2. Be it further enacted by the authority aforesaid, That said annexed territory be, and the same is, hereby made a part of the city of Albany, and subject to all laws and ordinances of said city. SEC. 3. 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. Repealing clause. Approved December 17, 1896. AMERICUS, CORPORATE LIMITS CHANGED. No. 32. An Act to change the present corporate limits of the city of Americus, so as to exclude from the corporate limits the land known as the Leeton Land Park, and other lands adjoining thereto. SECTION 1. Be it enacted by the General Assembly, and it is hereby enacted by the authority of the same, That the present limits of the city of Americus be changed so as to exclude from within the corporate limits of said city of Americus the lands known as Leeton Park and other lands adjoining thereto, the said lands being more particularly bounded and described as follows: Commencing at a point on the east side of L. avenue where the original mile and a quarter incorporate limits intersects said Elm avenue, thence running south along the east side of said avenue to a junction

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with Lee street, thence south along the present city limits to a point where a line of the city limits turns east, thence east along said city limits to a point that turns north, thence north along the line of said limits to the south line of lands formerly owned by the American Investment Company, thence west to the original mile and a quarter city limits. Leeton Park and other lands excluded from corporate limits. SEC. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved December 17, 1896. ARABI, CHARTER AMENDED. No. 104. An Act to amend, change and repeal the charter of the town of Arabi in the county of Dooly, approved September 14th, 1891, so that the term of office of the mayor and aldermen shall be two years instead of one; also granting certain tram-road privileges through the streets of said town, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, That at the next annual election of mayor for the town of Arabi in the county of Dooly, on the 1st Saturday of January, 1897, the mayor of said town shall be elected for a term of two years instead of one; and the term of office of said mayor shall ever thereafter be two years instead of one, and the election for mayor shall be held every two years on the first Saturdays of January, beginning with the next regular election. Mayor's term two years. SEC. 2. Be it further enacted by the authority aforesaid, That the number of aldermen of said town shall be four, as now provided by the charter of said town, and that at the next regular election of alderman for said town on the 1st Saturday of January, 1897, four aldermen shall be elected, all of whom shall be elected to serve terms of two years each; 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; and that thereafter the aldermen, as well as the mayor, shall be elected every two years on the first Saturday of January, to serve terms of two years each. Aldermen's term two years. SEC. 3. Be it further enacted by the authority aforesaid, That the right and privilege of laying and running and operating a tramroad through the streets of said town, where the tram-road of

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the Bedgood and Simmons Lumber Co. is at present located and operated, or through and on railroad streets in said town (at their option), be, and is, hereby granted to Bedgood and Simmons Lumber Company and to their successors in running and operating their saw-mill business in said town for and during the period of ten years from and after the passage of this Act; that said Bedgood and Simmons Lumber Company and their successors in said business for and during said ten years shall not be liable to be enjoined or sued for damages by said town or any citizen thereof by reason of running and operating said tram-road, but are hereby granted said rights and privileges free from any liability. Tram-road. SEC. 4. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved December 23, 1896. ATLANTA, CHARTER AMENDED. No. 90. To amend the charter of the city of Atlanta. SECTION 1. Be it enacted by the General Assembly of the State of Georgia in General Assembly met, That the Act establishing a new charter of the city of Atlanta, approved on the 28th day of February, 1874, and the various Acts heretofore passed amendatory of said Act, be, and the same are, hereby amended in the respects hereinafter stated. SEC. 2. Be it further enacted, That section 13 of said Act, approved February 28th, 1874, be amended by inserting between the words moneys and shall in the ninth line of said section, as published on page 15 of the city Code of 1891, the words or authorizing the sale of any part of the public property of the city, or the granting of franchises, for street railroads or railways, or telephone companies, or telegraph companies, or electric or gaslight conpanies, or any other similar franchise, where the streets or public alleys are to be used for any purpose in the prosecution of the business of the company seeking the franchise, so that said section, when amended, shall read as follows: Section 13. In all votes, resolutions or ordinances, having for their object the increase of the indebtedness of the city, or the expenditure of its revenue, except appropriations for the payment of its salaried officers, the

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councilmen representing the different wards, and the aldermen representing the city at large, shall act as separate and distinct legislative bodies; and no vote, resolution or ordinance, having for its object the increase of the indebtedness of the city, or the expenditure of its moneys, or authorizing the sale of any part of the public property of the city, or the granting of franchises for street railroads, or railways, or telephone companies, or telegraph companies, or electric or gas-light companies, or any other similar franchise, where the streets or public alleys are to be used for any purpose in the prosecution of the business of the company seeking the franchise, shall be voted until the same shall have received a majority of the votes of each of those legislative bodies, separately cast. The aldermen shall have no vote upon such questions, when originally presented and voted on by the councilmen as aforesaid, but shall meet as a separate body and vote on the same. When any such vote or resolution is passed, any one alderman or any two councilmen may give notice of a motion to reconsider, which motion, in either case, shall operate to delay the question until said reconsideration can be acted on at the next regular meeting; the meeting of said aldermen shall be presided over by the mayor or mayor pro tem., and the city clerk shall keep minutes as in meeting of the general council, and the mayor presiding in either body shall have no vote, except in a case of a tie. In all other matters they shall act as a joint board. Each member of the general council shall have the right to call for the yeas and nays and have the same recorded on the minutes in all cases, whether sitting in general council or as separate bodies. Eight shall constitute a quorum of general council for the transaction of business; a majority of either body acting separately shall be a quorum of the same; but in all cases a less number may adjourn from time to time, and compel the attendance of the absentees. Appropriation, how made; franchises, how granted. SEC. 3. Be it further enacted, That section 9 of an Act amending an Act approved February 28th, 1874, said amending Act having been approved December 19th, 1893, be amended by inserting at the close of said section the following language: And the mayor and general council of said city shall have power and authority in their discretion to institute condemnation proceedings for the purpose of acquiring the right of way for the proposed over, across or under, or partly over, partly across or partly under the rights of way and other property of the Central of Georgia Railway Company and the Southern Railway Company, formerly the East Tennessee, Virginia Georgia Railway Company, such condemnation proceedings to be conducted in accordance with the requirements of an Act providing a uniform method of exercising

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the right of condemning, taking or damaging private property, approved, December 18th, 1894; provided, however, that it shall be within the discretion of the mayor and general council of the city of Atlanta as heretofore provided by the charter of said city to accept or reject the awards made by the assessors within the time limited by the charter of said city. Condemnation of rights of way of railroads. SEC. 4. Be it further enacted by the authority aforesaid, That said section of said Act, approved December 19th, 1893, be further amended by striking out of the 17th and 18th lines of said section as published in a supplement to the City Code of 1891, on pages 60 and 61 of said supplement, the figures 1894, 1895, 1896 and 1897 and inserting in lieu thereof the figures 1897, 1898, 1899 and 1900, and by inserting in said section the new names instead of the old names of said railway companies, so that said section, when amended as provided in this and the preceding section of said Act, will read as follows: Section 9. Be it further enacted by the authority aforesaid, That said Act of incorporation and the various acts amendatory thereof be, and the same are, hereby further amended so as to provide that the mayor and general council of the city of Atlanta may, in their discretion, provide for the erection of a bridge over the tracks of the Central of Georgia Railway Company, and do all other work necessary to the extension of West Alabama street to a point at or near the junction of Rhodes and Elliot streets in said city, and in their discretion may extend an arm of said bridge or roadway, or said bridge and roadway, so as to connect with West Hunter street at a point west of the tracks of the Southern Railway Company, formerly East Tennessee, Virginia Georgia Railway Company, in said city; and to provide for the paying of the expenses of constructing said bridge and extending said streets partly out of the income of said city for the year 1897, and the balance from the income of said city for the year 1898, 1899 and 1900, or any one or more of said years, in the discretion of said mayor and general council; and the mayor and general council of said city shall have power and authority in their discretion to institute condemnation proceedings for the purpose of acquiring a right of way for the proposed bridge over, across or under, or partly over, partly across, or partly under the rights of way and other property of the Central of Georgia Railway Company, and the Southern Railway Company, formerly the East Tennessee, Virginia Georgia Railway Company, such condemnation proceedings to be conducted in accordance with the requirements of an Act providing a uniform method of exercising the right of condemning, taking or damaging private property, approved December 18th, 1894; provided, however, that it shall be within the discretion of

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the mayor and general council of the city of Atlanta as heretofore provided, by the charter of said city to accept or reject the awards made by the assessors within the time limited by the charter of said city. Alabama street bridge. SEC. 5. Be it further enacted by the authority aforesaid, That the charter of said city of Atlanta be, and the same is, hereby further amended so as to authorize the mayor and general council of said city, in their discretion, to create a sinking fund from the taxes and other incomes of said city, to provide a fund for the purchase, or acquiring of a site by condemnation proceedings, for a city hall building, and for the erection of a city hall building. The amount to be paid into such fund each year shall be such as may be prescribed by the mayor and general council by ordinance, and to also authorize the mayor and general council of Atlanta, in their discretion, to purchase a site and building, or a site only, for a city hall, and to pay for the same in five or more annual installments. Sinking fund. City hall. SEC. 6. Be it further enacted by the authority aforesaid, That section 25 of the Act approved February 28, 1874, be amended by striking from the seventh line of said section as printed on pages 17 and 20 of the City Code of 1891, the words one half where it occurs between the words and and per cent. and inserting in lieu thereof the words one fourth, so that said section, as amended, will read as follows: For the purpose of raising revenue for the support and maintenance of said city government, the said mayor and general council shall have full power and authority, and they shall provide by ordinance for the assessment, levy and collection of an ad valorem tax on all real and personal property within the incorporate limits of said city, not exceeding one and one-fourth per cent. thereon; which shall include the school tax, which, under the laws of this State, is subject to taxation; provided, nevertheless, that all assessments of real property shall be made at the cash market valuation. Ad valorem tax. SEC. 7. Be it further enacted by the authority aforesaid, That said charter be further amended by adding at the close of the third section of the Act amendatory of the new charter of the city of Atlanta approved September 3, 1881, which 4th section is known as section 213 of the City Code of 1891, on pages 100 and 101 of said Code, the following words: provided further, that the power and duty of the mayor and general council of said city to keep its streets, whether paved or unpaved, in repair, and pay for such repairs out of the general funds of said city, is in no way affected by the passage of this Act, so that said section, when amended, will read as follows: Section 4. That said mayor and general council shall also have full power and authority to assess one-third

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of the cost of grading, paving, macadamizing, constructing side-drains, cross-drains, crossings and otherwise improving the roadway or street proper on the real estate abutting on each side of the street improved; provided, that before any street or portion of a street shall be so improved, the person owning real estate which has at least one-third of the fronting on the street or portion of a street, the improvement of which is desired, shall in writing request the commissioners of streets and sewers to make such improvements, and said commissioners shall have approved the same, and shall forward the same with their approval to the mayor and general council with a statement of the character of the improvement proposed to be made, and an estimate of the cost of the same, and said mayor and general council shall, by ordinance, direct the said work to be done; and provided further, that any street railroad company having tracks running through the streets of said city shall be required to macadamize or otherwise pave, as the commissioners of streets and sewers may direct, the width of its track, and for three feet on each side of every line of track now in use, or that may hereafter be constructed by such company; provided, that the law authorizing the assessment on the abutting property owners of the whole cost of paving sidewalks (including cost of curbing) is in no way affected hereby; provided further, that the power and duty of the mayor and general council of said city to keep its streets, whether paved or unpaved, in repair, and pay for such repairs out of the general funds of said city, is no way affected by the passage of this Act. Assessments for street improvements. SEC. 8. Be it further enacted by the authority aforesaid, That section 7 of the Act amending the charter of the city of Atlanta, approved December 15, 1894, be, and the same is, hereby repealed, and that instead of said section so repealed the following shall be, and is, hereby enacted, to wit: Section 7. With such classification and statistical information as the mayor and general council of said city may prescribe, upon the request of the mayor and general council of the city of Atlanta presented to him by ordinance or resolution, the Secretary of State of the State of Georgia shall have an accurate census of the population of the city of Atlanta taken at any time during or within the years 1896 and 1897, by enumerators sworn by said Secretary of State, one copy of which census shall be returned to and filed with said Secretary of State and one or more copies filed with the clerk of council of the city of Atlanta. Such census shall be taken in accordance with regulations prescribed by the mayor and general council of said city, and approved by said Secretary of State; the expense of taking such census to be paid by the city of Atlanta. Such enumeration

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of the population of said city, when taken and filed with the Secretary of State, shall be recognized as a State census or enumeration of the population of said city, until a new census shall thereafter be taken by authority of the United States Government, or of the State Government. Census. SEC. 9. Be it enacted by the authority aforesaid, That nothing in this Act shall be construed so as to repeal any previous amendment to the charter of the city of Atlanta except in cases where the intention to repeal such previous amendment is expressly stated. SEC. 10. Be it further enacted by the authority aforesaid, That the Act incorporating the city of Atlanta, approved February 28, 1874, be, and the same is, hereby further amended as follows: Instead of the existing method of making assessments and returns for city taxes, and collecting the taxes due the city of Atlanta on taxable property within its limits and the collecting of commutation taxes for road and street duty, the method hereinafter prescribed shall be pursued in the future. SEC. 11. Be it further enacted by the authority aforesaid, That it shall be the duty of the tax-receivers and assessors in the city of Atlanta, beginning with the year 1897, and thereafter to be followed, to make assessments of the taxable real estate in said city, which assessments shall not exceed the cash market valuation of said real estate, and to complete their books of real estate assessments by the first day of February in the year 1897, and in each year thereafter, and to open their books for receiving returns of taxable property on the first day of February in each year, and to close their books for receiving returns on the fifteenth day of March in each year. Tax-receivers and assessors. SEC. 12. Be it further enacted by the authority aforesaid, That the taxes due the city of Atlanta on the real estate and personal property of all kinds taxable under the laws of Georgia and the charter of said city, shall be due and payable in three installments; the first installment of twenty-five per centum falling due on the 15th day of April, 1897; the second installment of twenty-five per centum on the first day of July in that year; the third installment of fifty per centum on the 15th day of October in that year, and the installments of taxes as aforesaid shall be due and payable on the same dates in each succeeding year; and executions shall issue for all taxes unpaid on the fifteenth day of October in each year, bearing date the first business day thereafter, and be enforced by levy and collection as heretofore practiced. City tax, when due. SEC. 13. Be it further enacted by the authority aforesaid, That the mayor and general council of the city of Atlanta may by ordinance

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or resolution provide for allowing a discount of one half of one per cent. on all taxes paid in full for the year at the time the first installment of the year's taxes is due and payable, and may also in the same manner provide for allowing a discount of one-fourth of one per cent. on all taxes paid in full for the year at the time the second installment is due and payable. Discount on taxes. SEC. 14. Be it further enacted by the authority aforesaid, That such unpaid installments of taxes shall also bear interest at the rate of seven per centum per annum from the date that each of said installments is due and payable under the provision of this Act. Interest on unpaid tax. SEC. 15. Be it further enacted by the authority aforesaid, That the commutation tax in lieu of road or street duty provided for in said charter shall fall due with the second installment of property taxes in each year, and that in case of failure to pay such commutation tax, execution may issue and be enforced as from the 16th day of June in each year, and parties who have not paid said commutation tax, and who are liable to road or street duty may be compelled to work the street in the manner provided for by the charter and ordinances of the city of Atlanta at any time after the first day of July in each year. Commutation tax. SEC. 16. Be it further enacted by the authority aforesaid, That for police purposes and for the purpose of regulating the retail traffic in spirituous or malt liquors, the corporate limits of the city of Atlanta are hereby extended so as to include the territory within the limits hereinafter defined, to wit: Beginning at the point where the regular corporate limits on the north side of the city intersect with the west side of West Peachtree street, and extending thence northwardly along the west side of West Peachtree street or road to the point where the land lot line between land lots 105 and 106 crosses West Peachtree road, thence eastwardly along the land lot line between land lots 105 and 106 to the line of the property known as Piedmont Park, and thence following the outer limit of the line of Piedmont Park property to the main track of the Southern Railway Company, formerly the Atlanta Charlotte Air-line Railway Company, and thence along the center of said main track in a southerly direction to where said main track intersects the corporate limits of said city, on the eastern boundary of said limits. The plat of the property hereby incorporated for police purposes is attached to this Act, and made a part thereof; provided, however, that the property included within these limits shall not be subject to taxation; and provided further, that the exercise of authority to enforce police regulation within said limits shall be discretionary with the mayor and general council of said city. Liquor traffic. SEC. 17. Be it further enacted by the authority aforesaid, That

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section six of the Act amending the charter of the city of Atlanta, approved the 13th day of December, 1895, in the following language: Sec. 6. Be it further enacted, That no councilman be eligible to be elected to the office of alderman during the same year in which he is serving in the general council, and no alderman shall be eligible to be elected to the office of councilman during the year in which he is serving on the general councilthe intent and meaning of this section being, that while serving either as councilman or alderman, a member shall not be eligible to be elected to the other body respectively, be, and the same is, hereby repealed. SEC. 18. Be it further enacted by the authority aforesaid, That section four of an Act amending the charter of the city of Atlanta, approved December 13th, 1895, in the following language: Sec. 4. Be it further enacted by the authority aforesaid, That after the expiration of the term of those already elected, the pay and compensation of the members of the general council of said city shall be three hundred dollars each per annum, and that the members of all boards of the city authorized by the charter of the city, hereafter to be elected by said mayor and general council, shall serve on said boards without any salary or emoluments whatever, be, and the same is, hereby amended by striking out the closing paragraph of said section in the following language: and that the members of all boards of the city authorized by the charter of the city, hereafter to be elected by said mayor and general council, shall serve on said boards without any salary or emoluments whatever, so that said section as amended will read as follows: Sec. 4. Be it further enacted by the authority aforesaid, That after the expiration of the term of those already elected, the pay and compensation of the members of the general council of said city shall be three hundred dollars each per annum. Salary of councilmen. SEC. 19. Be it further enacted by the authority aforesaid, That from and after the first day of January, 1897, the members of the board of police commissioners of the city of Atlanta shall each be paid an annual salary of one hundred dollars, except that the president of said board shall receive an annual salary of two hundred dollars, and the secretary of said board shall be paid one hundred and fifty dollars per annum, and the members of the board of health shall each be paid an annual salary of one hundred dollars and the president of said board shall be paid two hundred dollars per annum, and the secretary shall receive two hundred and fifty dollars per annum, and each member of the board of water commissioners shall receive an annual salary of one hundred dollars; provided, that neither the mayor nor any member of the general

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council who is ex officio membership. The mayor and general council of the city of Atlanta are also authorized in their discretion, notwithstanding that the salary of the sexton of said city has been heretofore fixed in accordance with existing provisions of the charter, to fix the salary of the sexton for the term beginning January 1st, 1897, at twelve hundred dollars per annum; provided, that said sexton shall not be entitled to any perquisites in addition to such salary. And the mayor and general council may in their discretion pay the members of the various city boards who have served without compensation for the year 1896, salaries not exceeding those fixed by this Act. Salary of police commissioners. Members of board of health. Board of water commissioners. Sexton. SEC. 20. Be it further enacted by authority aforesaid, That the corporate limits of the city of Atlanta be, and they are, hereby extended so as to include therein for police purposes the tracks of the Collins Park Belt Railroad Company, and the space of fifty feet on each side of said tracks all the way from the western limits of the city of Atlanta to the terminus of the tracks of said company on the Chattahoochee river, including also the pleasure resort at the said terminus, and the members of the general council of the city of Atlanta are hereby authorized to empower the conductors and other employees of the said company as special policemen of the city of Atlanta, and under the government and power of the police commissioners of said city, but without expense to the city of Atlanta, and to provide by ordinance for the preservation of order within the limits included in this extension, and for the trial and punishments of violations of the municipal ordinances of said city in the limits included in the recorder's court thereof; provided, it shall be wholly discretionary with said mayor and general council from time to time to exercise or not to exercise the power of police regulations herein conferred. Corporate limits extended to include track of Collins Park Railroad. SEC. 21. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved December 23, 1896.

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AUGUSTA, POWERS OF RECORDER. No. 33. An Act to define the powers of the recorder of the city of Augusta as to fines and penalties to be imposed by him for violation of the rules, regulations, by-laws and ordinances of the city council of Augusta, and punishment for contempt, and for other purposes. SECTION 1. 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 recorder of the city of Augusta shall have the power and authority, in addition to those powers already vested in him by the Legislature of Georgia, and the ordinances of said city, to try all persons charged with violation of the rules, regulations, by-laws and ordinances of the city council of Augusta, and to inflict punishment by fines and imprisonment, or by fines or imprisonment or labor on the public works, either or all in the discretion of the said recorder; but the recorder shall not have authority to inflict a punishment by fine of more than three hundred dollars, or by imprisonment for more than ninety days. Recorder, authority [Illegible Text] to punish for violation of municipal law. SEC. 2. Be it further enacted, That said recorder shall have power to punish for contempt as prescribed in section 4711 of the Code of Georgia of 1882; such fine for contempt shall not exceed ten dollars, and the imprisonment for contempt shall not to exceed ten days, either or both, in the discretion of the recorder. And for contempt. SEC. 3. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved December 17, 1896. AUGUSTA, CHARTER AMENDED. No. 49. An Act to amend the charter of the city of Augusta by authorizing the city council of Augusta to impose license taxes upon all occupations, trades and business carried on within said city by resident or non-resident persons, firms or corporations, and for other purposes. SECTION 1. Be it enacted by the Legislature of Georgia, and it is hereby enacted by the authority of the same, That from and after

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the passage of this Act, the city council of Augusta, by ordinance, may require any person, firm or corporation to pay a license tax upon any occupation, trade or business followed or carried on within the corporate limits of the city of Augusta, whether such person, firm or corporation resides within said city limits or not; provided, this Act shall not apply to any business, trade, occupation or profession now taxed exclusively by the State. License tax. SEC. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved December 17, 1896. AUGUSTA, USE OF STREETS BY RAILROADS. No. 65. An Act to authorize the city council of Augusta to grant the use of the streets of the city of Augusta to any railroad company or corporation, by steam-locomotive or other power, longitudinally or otherwise, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That the city council of Augusta be, and it is hereby, authorized and empowered to permit any railroad company or corporation to use the streets of the city of Augusta longitudinally or otherwise, by steam-locomotive or other power, for the transportation of their cars, loaded or empty, over, across and upon said streets, and that said city council may enter into any contract or agreement with such railroad company or corporation upon such terms and for such valuable consideration as the said city council may consider advantageous to the city of Augusta; provided, that nothing herein contained shall affect any existing rights and franchises of the Augusta Summerville Railroad Company; provided, that nothing in this Act shall be construed to compel the city council to consent to the laying of tracks nor to compel it to consent to the use of passenger street railroad tracks by steam railroads, but whenever steam railroad tracks are laid along or across any street by virtue of the permission of the city council of Augusta, all steam railroads, now or hereafter to be constructed and entering said city, shall have the right to use said steam railroad tracks upon equitable terms. Nothing herein contained shall be construed to authorize the said city council to grant

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the exclusive use of streets or tracks to any one or more corporations. Railroads on streets of Augusta. SEC. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved December 23, 1896. AUGUSTA, IMPROVEMENT OF SIDEWALKS. No. 94. An Act to authorize the city council of Augusta to improve the sidewalks of the city of Augusta, including all necessary curbing for the same, and assess and collect the cost for such improvement and curbing on the real estate abutting on the street, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act, the city council of Augusta shall have full power and authority to assess the cost of paving and otherwise improving the sidewalks, including all necessary curbing for the same on the real estate abutting on the street and on the side of the street on which the sidewalks are so improved. Tax for improvement of sidewalks. SEC. 2. Be it further enacted, That the city council of Augusta shall have full power and authority to adopt, by ordinance, such a system of equalizing assessments on real estate for the above purposes as may be just and proper, estimating the total cost of each improvement made, and prorating the cost thereof on the real estate according to its frontage on the pavement or portion of a pavement so improved. It shall be wholly discretionary with the city council of Augusta whether such improvement is necessary and shall be done or not. Assessment, how made. SEC. 3. Be it further enacted, That the amount of assessment on each piece of real estate shall be a lien on such real estate from the passage of the ordinance providing for the work and making the assessment. Lien. SEC. 4. Be it further enacted, That the city council of Augusta shall have the authority to enforce the collection of the amount of any assessment so made for work upon sidewalks, by execution, to be issued by the city clerk against the estate so assessed, and against the owner thereof, at the date of the ordinance making the assessment, which execution may be levied by the city sheriff on

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such real estate, and after advertisement and other proceedings as in cases of sales for city taxes, the same may be sold at public outcry to the highest bidder, subject to the right of redemption, as in cases of sales for taxes; provided, that the defendant shall have the right to file an affidavit denying that the whole or any part of the amount for which the execution issued is due, and stating what amount he admits to be due, which amount so admitted to be due, shall be paid or collected before the affidavit is received, and the affidavit received for the balance; and all such affidavits so received shall be returned to the superior court of Richmond county, Georgia, and there tried and the issue determined, as in cases of illegality, subject to all the pains and penalties provided in cases of illegality or delay. Enforcement of lien. SEC. 5. Be it further enacted, That all work done in accordance with the above shall be done under the direction of the city council. Surveys, grades, plans, profiles and other like work shall be done by the engineer of said city, and by him furnished to the city council. Supervision of work. SEC. 6. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved December 23, 1896. BALDWIN INCORPORATED. No. 30. An Act to incorporate the town of Baldwin in the counties of Banks and Habersham, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, That the town of Baldwin in the counties of Banks and Habersham be, and the same is, hereby incorporated as a town under the name and style of the town of Baldwin. Town of Baldwin. SEC. 2. Be it further enacted by the authority aforesaid, That the corporate limits of said town shall extend three-fourths mile in every direction from stone pile in said town. Corporate limits. SEC. 3. Be it further enacted, That H. V. Manser be, and is, hereby appointed mayor, and C. H. Manzer, Ervin P. Arrott, Ed Baker, W. D. Lewis, J. H. McEntyre, be, and they are, hereby appointed councilmen of said town of Baldwin to hold their offices until the first annual election as hereinafter provided. Mayor and councilmen. SEC. 4. Be it further enacted, That on the fourth Tuesday in December, 1896, and annually thereafter on the same day, an election

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shall be held in the council chamber in said town for mayor and five councilmen who shall hold their offices for one year and until their successors are elected and qualified, but no one shall vote for or be eligible to the office of mayor or councilmen of said town who is not a resident of said town, and who is not qualified to vote for members of the General Assembly of this State. Said election shall be held and conducted in the same manner as elections for county officers in this State, and the certificate of the managers shall be sufficient authority to the persons elected to enter on the discharge of the duties of the offices to which they have been elected. Election of mayor and councilmen. SEC. 5. Be it further enacted, That before entering on the discharge of their duties the mayor and each councilman shall subscribe to the following oath, which may be administered by any person authorized by the laws of this State to administer oaths: I do solemnly swear that I will faithfully discharge all duties devolving on me as mayor or councilmen, as the case may be, of the town of Baldwin, according to the best of my ability and understanding, so help me God. Oath of mayor and councilmen. SEC. 6. Be it further enacted, That said mayor and councilmen shall have power and authority to elect such marshals, clerks, and other subordinate officers as they may deem necessary for carrying into effect the powers herein conferred upon them, to prescribe the fees and duties of such subordinate offices, and require such bonds for the faithful performance of their duties as they may deem necessary and proper. Marshal and other officers. SEC. 7. Be it further enacted, That the mayor shall be ex officio a justice of the peace, and shall have full authority to issue warrants for any offense committed within the corporate limits of said town, and shall have power to compel the attendance of witnesses, to examine them under oath, to admit any offender to bail or commit him to jail for violation of the laws of the State, and to admit to bail or commit to the guard-house for violation of the ordinances of said town. Mayor ex officio justice of the peace. SEC. 8. Be it further enacted, That said mayor and councilmen shall have full power and authority to pass all ordinances and by-laws that they may deem necessary for the government of said town; provided, they be not repugnant to the constitution and laws of this State, or of the United States. Powers of mayor and councilmen. SEC. 9. Be it further enacted, That said mayor and councilmen shall have power to levy and collect a tax not exceeding three tenths of one per cent. upon all the property, both real and personal, within the corporate limits of said town; they shall also have power to require all persons within said corporate limits, who are subject to road duties, under the laws of this State, to work on the streets

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of said town, or they may prescribe a commutation tax which may be paid in lieu of work on the streets; provided, that the corporate limits shall extend only three-fourths of a mile from the stone pile, for the purpose of raising the said tax of three-tenths of one per cent. Municipal tax. SEC. 10. Be it further enacted, That the said mayor and councilmen shall have exclusive power to regulate the sale of intoxicating liquors in said town, to grant license or withhold them except in that part of said town lying in Habersham county, to fix the fee for same when granted, and impose penalties upon any person selling liquors in said town without licenses. Liquor, sale of. SEC. 11. 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 ordinances, by-laws, rule and orders of the council are faithfully executed. He shall have control of the police of said town, and may appoint special police whenever he may deem it necessary, and it shall be his duty especially to see that the peace and good order of the town are preserved and that persons and property therein are protected, and to this end he may cause the arrest and detention of all riotous and disorderly persons in said town. He shall have power to issue execution for all fines, penalties and costs imposed by him, or he may require the immediate payment thereof, and in default of immediate payment thereof he may imprison the offender in the guard-house of said town not exceeding thirty days. Mayor, election and duties of. SEC. 12. Be it further enacted, That if at any time the office of mayor or councilmen shall become vacant by death, registration or otherwise, the remaining members of the council may fill such vacancy by appointment from among the citizens of said town eligible to such office, under the provisions of this charter. Vacancies, how filled. SEC. 13. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved December 17, 1896. BATTLE HILL, CHARTER AMENDED. No. 69. An Act to amend the charter of the town of Battle Hill, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act the corporate

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limits of the town of Battle Hill shall be as follows: Commencing at a point on the south side of Green's Ferry avenue, adjoining Westview cemetery property, opposite the four-mile post, running thence westerly along the south side of said avenue to the land lot line between land lots numbers one hundred and forty-eight (148) and one hundred and seventy-three (173), thence due north along the land lots line between land lots numbers one hundred and forty-eight (148) and one hundred and seventy-three (173) and one hundred and forty-seven (147) and one hundred and seventy-four (174), twenty-four hundred and fifty (2450) feet, thence due east forty-seven hundred and fifty (4750) feet parallel with the land lot line between land lots numbered one hundred and forty-seven (147) and one hundred and forty-eight (148), thence due south thirty-six hundred and twenty-five (3625) feet, more or less, parallel with land lots line between land lots numbers one hundred and forty-one (141) and one hundred and forty-eight (148) to south side Green's Ferry avenue, thence west along south side Green's Ferry avenue two thousand and fifty feet (2050), more or less, to west side of Inman street, thence south along west side of Inman street, sixteen hundred and sixty (1660) feet, more or less, to the south of Gordon street and to the north line of Westwood Park property south of Gordon street, thence westerly along northeast line of Westwood Park property, fronting Gordon street, to the northeast corner of Westview cemetery, thence westerly along the northeast line of Westview cemetery to point of beginning opposite four-mile post. Corporate limits. SEC. 2. Be it further enacted, That in all elections to be hereafter held in said town the mayor and council may appoint any citizens of said town as managers of said election, and shall not be confined to the freeholders in their appointment. Election managers. SEC. 3. Be it further enacted, That the mayor shall have the right to pardon all offenses against the laws of said town; provided, that a majority of the police committee of said town approve said pardon. Mayor may pardon. SEC. 4. Be it further enacted, That the clerk to be elected by the mayor and council may, if said mayor and council so elect, be a member of the general council, and that the treasurer to be elected by the mayor and council of said town may also be a member of the council if said mayor and council see proper to elect a member of council for that office. Clerk and treasurer. SEC. 5. Be it further enacted, That it shall be left optional with the mayor and council whether or not they shall elect a recorder, and if they see fit and shall elect a recorder he may be a member of council. Recorder:

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SEC. 6. Be it further enacted, That no property in said town shall be assessed in any given year at a larger value than it is assessed by the State and county for the previous year. Tax. SEC. 7. Be it further enacted, That the mayor and council shall annually appoint a committee of three citizens as a committee of three from the council who shall inspect all nuisances and dangers, and report the same to the mayor and council for their action from time to time as required. Nuisances. SEC. 8. Be it further enacted, That the mayor and council shall not have the authority to license the manufacture of spirituous, malt or intoxicating liquors, and shall grant license to no person to sell at wholesale or retail in any manner whatever, spirituous, malt or intoxicating liquors in said town; and any person wholesaling or retailing such liquors in violation of this section shall be subject to punishment before the recorder ar acting recorder and fined not exceeding $100 or imprisoned not exceeding twelve months, or work on the streets not exceeding twelve months, and the recorder or acting recorder may, in his discretion, impose each one or all three of these punishments for any one offense, or he may punish in the alternative. Liquor manufacture or sale prohibited. SEC. 9. Be it further enacted, That the clerk, equal with the marshal, shall have authority to warn persons to work the streets of said town. Streets. SEC. 10. Be it further enacted, That the mayor of said town and each of the councilmen thereof shall have police powers within the corporate limits of said town, and shall each have power to arrest and bring to trial all persons for the violation of any ordinance of said town, and each of them shall have the powers of the police or marshal of said town, and each of said parties shall have the right to call upon the citizens of said town to assist them in executing any of their duties, and in arresting for any violation of the laws of said town. Any citizen failing so to aid when requested by either the mayor or any member of the council shall, upon conviction, be subject to a fine of not more than $10, or imprisonment not exceeding thirty days, or work in the chain-gang of said town not exceeding thirty days. Police powers. SEC. 11. Be it further enacted, That the clerk of council may be ex officio marshal of said town for the purpose of executing all fi. fas. issued for taxes or all other sums due the town of Battle Hill, and may, as such ex officio marshal, take all the steps necessary for the execution and return of said fi. fas. and the sale of property thereunder, as the marshal is now empowered to do; provided, that nothing herein shall diminish or take from the power of the marshal with reference to said fi. fas. Clerk may act as marshal.

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SEC. 12. Be it further enacted, That in case any one is found guilty of violating any of the ordinances of the town of Battle Hill, that in addition to the fine or imprisonment, or work imposed, there shall be added the sum of $3, $1.50 of which shall be payable to the recorder and $1.50 to the marshal of said town. Penalty for violation of ordinance. SEC. 13. Be it further enacted, That the mayor and council shall have the power to levy and collect the taxes on all property, real and personal, of the inhabitants of said town, or situated in said town, and upon banking and insurance and other capital employed therein; provided, that the tax upon any real or personal property shall not exceed 50 per cent. of the sum of the State and county taxes for the previous year. They shall have the power to levy and collect taxes upon factories, brokers, agents, or managers of gift enterprises, shows of all sorts; provided, such Acts are not in conflict with any Act of this State of force. Tax. SEC. 14. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause Approved December 22, 1896. BAXLEY, CHARTER AMENDED. No. 75. An Act to amend the charter of the city of Baxley, approved February 23, 1875, and provide for the government of said city of Baxley and the election of its officers; also to provide for a free school system in said place, and prescribe the manner and method of its adoption, the election of a board of education and the levying of a school tax for and in said city. SECTION 1. Be it enacted by the General Assembly of Georgia, That the inhabitants of the territory hereinafter designated are hereby continued corporate by the name and style of the City of Baxley, a body politic and corporate, with power to govern themselves by such ordinances, resolutions and by-laws for municipal purposes as they may deem proper, not in conflict with the constitution of this State, with power in and by said name to contract and be contracted with, sue and be sued, plead and be impleaded in all the courts of this State, to have and use a common seal, to hold all property, real and personal, now belonging to said town, for the interests and purposes for which the same were granted or dedicated, to acquire by gift or purchase such other real or personal property

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as may hereafter be necessary for corporate purposes, and to use, manage, improve, sell and convey, rent or lease, any and all of said property as may be deemed advisable for the corporate interest. Baxley, corporate powers. SEC. 2. Be it further enacted, That the corporate limits of said city of Baxley shall not extend more than one mile in each and every direction from the Southern railroad depot in said place, and a less distance, if the council deem it to the best interest of said place to so place them. Corporate limits. SEC. 3. Be it further enacted, That there shall be elected a mayor and five councilmen, on the second Saturday in January annually and thereafter between the hours of ten o'clock A. M. and four o'clock P. M. The same rules, regulations and qualifications that regulate the holding of State elections in this State, and prescribe the qualifications of the voters thereof, the same shall be applicable to the voters in said city of Baxley. Mayor and councilmen. SEC. 4. Be it further enacted, That the mayor shall be the chief executive in said town, and shall see that all the ordinances and laws are faithfully executed, and shall receive such compensation as the council shall, by ordinance, fix; and before entering upon the discharge of his duties as mayor he, with the council, shall take and subscribe the following oath, and the same shall be spread on the minutes of said council: I [A. B.] do solemnly swear [or affirm] that I will faithfully discharge the duties of mayor [or council] of the city of Baxley to the best of my ability, during my continuance in office, so help me God. Compensation. Oath. SEC. 5. Be it further enacted, That at the first meeting of said council in each year, they shall choose from their own number a mayor pro tempore who shall discharge all the duties of said office in the absence or disqualifications of said mayor-elect; and if the mayor pro tempore, as well as the mayor elect, shall both be unable from any cause to discharge the duties of their office, then the council shall elect another mayor pro tempore, who shall be clothed with all the rights, powers, and duties of the mayor of the town, upon taking the oath. Mayor, pro tem. SEC. 6. Be it further enacted, That all the meetings of the council the mayor shall preside, and in his absence or disqualification the mayor pro tempore shall preside, but neither shall have a vote unless there be a tie. SEC. 7. Be it further enacted, That the mayor, or mayor pro tempore, shall power and authority to hold at such times and places, and under such rules as the council may make, a mayor's court for said town, for the trial of offenders against the ordinances against said town, and impose such penalties for the violation thereof as may be prescribed by the ordinance of said city of

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Baxley; provided, in no case shall the punishment exceed one hundred ($100) dollars fine or imprisonment in the town prison or labor on the streets or public works of said town not exceeding thirty (30) days for each and every offence, directly or in the alternative. In the event such person or persons shall not be satisfied with such punishment, they shall have the right to appeal to the council at the next regular meeting upon payment of all costs, and giving bond and security for their appearance before said council, to abide by the final decision of said council, who may, after investigating said case, either affirm or reverse the decision of the mayor, or mayor pro tempore, and they shall have full power to comple the attendance of witnesses, under the same rules and regulations as are required for the attendance of witnesses at a justice's court. Mayor's court. SEC. 8. Be it further enacted, That the mayor, or in his absence the mayor pro tempore, 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, and to commit to the jail of Appling county for offenders against the law, for their appearance at the next term of a court with competent jurisdiction to try the same. Mayor ex efficio a justice of the peace. SEC. 9. Be it further enacted, That if at any time the office of mayor or councilman shall become vacant by death or resignation or otherwise, the mayor or member of the council shall order an election to fill such vacancy; provided, however, if such vacancies occur within three months of the expiration of the time for which the members were elected, there shall be no election ordered, unless such vacancies shall leave the council without a quorum. Vacancies. SEC. 10. Be it further enacted, That the mayor and council shall elect a marshal for one year, and who shall hold his office till his successor is elected. He shall receive such salary and fees as the mayor and council shall by ordinance determine, and before entering upon the discharge of his duties he shall enter into bond with good security in such sum as the council and mayor may require, not to exceed the sum of one thousand ($1,000) dollars, for the faithful performance of his duties of marshal of said city of Baxley. He shall keep a record of all money received by him, and pay the same to the town treasurer. The mayor and council may at any time remove the marshal from his office for disorderly conduct, abuse of his office, neglect of his official duties, or other conduct unbecoming an officer, and appoint a successor to fill his vacancy for the unexpired term of the retiring marshal. Marshal. SEC. 11. Be it further enacted, That the mayor and council shall elect a clerk of the council, who shall keep a record of all the acts of

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said council, and shall enter all cases on a docket of offenders against ordinances. His compensation shall be regulated by the mayor and council, by ordinance, for his services. They may require of him bond, with good security, for the faithful performance of his duties, and to account for all money coming into his hands during his term of office. Clerk. SEC. 12. Be it further enacted, That the mayor and council shall elect a treasurer, who shall give bond, with good security, to the amount not exceeding two thousand ($2,000) dollars for the faithful discharge of the duties of his office; he shall receive all money paid to said council, and shall pay the same out upon vouchers signed by the mayor and approved by the council. He shall keep a record of all money received and paid out by him, and shall make a statement every three months to the council of all money received, paid out, and on hand. The mayor and council shall fix the compensation he shall receive by ordinance. SEC. 13. Be it further enacted, That the mayor and council shall appoint a tax-receiver, to receive returns on all real and personal property within the corporate limits, and make such regulations necessary for the proper returns of all property within said city of Baxley, that does not violate the law of this State relative to all property, real and personal, now or may hereafter be enacted. Tax-receiver. SEC. 14. Be it further enacted, That after the receiver of taxes of said town receives all the returns, the mayor and council will examine the returns made, and they shall have the power to increase the amount returned on all property within said incorporate limits, where the same has not been returned at a fair valuation of its value at the time said returns were made. Tax returns. SEC. 15. Be it further enacted, That the mayor and council shall levy a tax on all property, both real and personal, not to exceed one half of one per centum, ad valorem, within the corporate limits; they shall also levy a special tax on all shows, games, or business conducted within said corporate limits. Ad valorem tax. SEC. 16. Be it further enacted, That all persons living within said city of Baxley who are subject to road duty shall be subject to street work, or street tax, which shall be paid to the marshal, at a rate per day fixed by the mayor and council; no person shall be summoned to work on streets longer than fifteen (15) days in each year. Streets. SEC. 17. Be it further enacted, That the mayor and council shall have the authority to condemn property to improve the streets, to improve the streets already laid out, to make such new streets as may be required by the city, to have trees planted, and have the same graded, and suitable sidewalks constructed. Condemnation for streets. SEC. 18. Be it further enacted, That the mayor and council shall

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have authority, in addition to the ad valorem tax hereinbefore provided for, levy a tax not to exceed one-fourth of one per centum, on all property, real or personal, for the purpose of constructing waterworks in said town. They shall have the authority to use the streets for the purpose of laying pipes and erecting such structures as may be necessary to properly equip the same. They also shall have authority to condemn any property necessary in erecting waterworks, or laying the piping necessary to distribute the same. Waterworks. SEC. 19. Be it further enacted, That the mayor and council shall have the authority, when constructing new streets and sidewalks, to assess the owners of the contiguous property to the amount not to exceed twenty per cent. of its taxable value at the time said assessment is made. Assessment for streets. SEC. 20. Be it further enacted, That the mayor and council shall enact such laws necessary for the enforcement of perfect sanitary conditions. They may have removed all houses or places dangerous to the health of the residents of said city, and may construct such sewerage system as may be necessary for the perfect sanitary condition of said city. Sanitation. SEC. 21. Be it further enacted, That the mayor and council shall have the right to enact such laws and regulations necessary for the proper government of said city of Baxley that does not conflict with the constitution of this State and of the United States. Legislative powers. SEC. 22. Be it further enacted, That the mayor and council shall have the authority to establish a free school system, and to appoint a board of education, which shall consist of three persons, residents of said place, who shall make such rules and regulations necessary for the proper government of said free school system; to fix the length of the school term, which shall not exceed ten months in each year, the compensation which shall be paid to the teacher, and the charges against non-resident pupils who attend said school for tuition. They shall elect a principal and such assistants necessary for the proper instruction of the pupils who may attend said school, and with the consent of the council, to fix the rate of the salary paid to them for services rendered to said school. The board of education shall make such rules and regulations necessary for the proper government of said free school, not inconsistent with the laws of this State relative to the school system. The board of education shall receive all donations of property, money or other valuables, and pay the same to the town treasurer, who shall be the treasurer of said board, and shall pay out on the order of said board of education all funds which may be in his hands for the purpose of education; to purchase such material or apparatus necessary for the proper equipment of said free school. Public schools.

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SEC. 23. Be it further enacted, That the county school commissioner shall pay to the treasurer of said town all money due for educational purposes. He shall furnish the commissioner with a list of all the pupils attending said free school, who are entitled to the school fund, and shall receive the same from him, and pay the same out on order of the board of education, with the consent of the council, only for educational purposes. SEC. 24. Be it further enacted, That the mayor and council shall have authority to levy a tax for school purposes on all property, real or personal, not to exceed one fourth of one per centum, which share may be used for school purposes, and shall be collected when the other taxes of said place are collected, by the town tax-collector. Tax for school purposes. SEC. 25. Be it further enacted, That before a free school system be adopted by said city of Baxley, the mayor shall order an election to be held in said town, under the same laws governing elections in our State; that all the qualified voters in said corporate limits shall have the right to vote for or against the free school of said city of Baxley. The mayor shall advertise the same thirty (30) days calling for an election, in which every citizen legally qualified to vote shall have the right to vote for or against the free school. The polls shall be opened and closed the same as in the election of city officers, and it shall take a two thirds ([frac23]) vote of all the votes cast in said election before the mayor and council shall organize a free school system for said city of Baxley; provided, there shall not be another election held within six months for school purposes, if at the holding of said election for school purposes, if it fails to receive the necessary two thirds vote, as required by law. Election for free schools. SEC. 26. Be it further enacted, That the board of education shall have the right to erect such buildings necessary and equip them with such material necessary for the instruction of all pupils within the school age who live in said corporate limits, and keep in repair all buildings used for school purposes, or which may be hereafter erected or purchased for such purpose. School buildings. SEC. 27. Be it further enacted, That all laws and parts of laws in conflict with this Act, the same are hereby repealed. Repealing clause. Approved December 22, 1896.

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BOWERSVILLE, TOWN TAX. No. 124. An Act to amend section five of an Act, approved September 16th, 1891, which was an amendment to an Act incorporating the town of Bowersville, in the county of Hart, approved September 4th, 1883, by adding at the last of said section the following: and to levy and collect a town tax not to exceed two-tenths of one per cent. on all taxable property in said town, and for other purposes. SECTION 1. Be it enacted by the General Assembly, and it is enacted by authority of the same, That section five of an Act approved September 16th, 1891, which was an amendment to an Act incorporating the town of Bowersville, in the county of Hart, approved September 4th, 1883, be amended by adding at the last of said section the following: and to levy and collect a town tax not to exceed two-tenths of one per cent. on all property in said town subject to State and county tax, so that said section, as amended, will read as follows: That the said mayor and alderman shall have power and authority to pass all ordinances and by-laws for the government of said town corporation not in conflict with the constitution and laws of this State and of the United States, and to levy and collect a town tax not to exceed two-tenths of one per cent. on all property in said town subject to State and county tax. Said mayor and alderman shall have power and authority to levy and collect tax, etc., and the same may be enforced and collected by execution issued by the clerk in the name of the mayor and alderman under such rules as they may prescribe. All levies shall be made by the, marshal of said town, and all sales made by him and conducted in the same way and under the same regulations as are sheriffs' sales under tax executions. Tax, how levied and collected. SEC. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and are, hereby repealed. Approved December 24, 1896.

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BOSTON, CHARTER AMENDED. No. 67. An Act to amend the charter of the town of Boston, so as to prohibit the granting of license to sell liquor in said town, except upon the payment in advance by the party desiring to sell said liquor, of the sum of five thousand ($5,000) dollars for license for a year; and also to prohibit the licensing of any billiard and pool table for less than five hundred ($500) dollars per annum, and for other purposes. 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, section 4 of an Act approved October 24th, 1870, entitled an Act to incorporate the town of Boston, in the county of Thomas, etc., as amended by the Act approved November 25th, 1893, entitled an Act to amend an Act to incorporate the town of Boston, etc., be, and the same is, hereby amended by striking out the words to grant license and fix the price of the same, beginning in the third line of the printed Act, and the words billiard tables in the fifth line of said Act, and insert in lieu thereof the following words: But shall have no authority to grant any license for the sale of liquor for any sum less than five thousand ($5,000) dollars per annum payable in advance; to license billiard and pool tables, but no license for any such table shall be granted for a less sum than five hundred ($500) dollars per annum payable in advance, so that said section of the original Act as amended by the Act of November 25th, 1893, and by this Act will read as follows: License for sale of liquor and for billiard and pool tables. SEC. 4. Be it further enacted, That said mayor and council shall have power to pass all ordinances necessary to regulate the liquor traffic within the limits of said town, but shall have no authority to grant any license for the sale of liquor for any sum less than five thousand ($5,000) dollars per annum payable in advance; to license billiard and pool tables, but no license for such table shall be granted for a less sum than five hundred ($500) dollars per annum payable in advance; to impose and collect a tax on all bowling alleys and all shows that may be exhibited, and itinerants trading within said corporation; they shall also have power to levy a capitation tax of not more than four dollars on every person liable to road duty residing within the limits of said corporation, which tax shall be in lieu of said duty; they shall

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also have power to levy such tax on real and personal property as they may think necessary to advance the interest and promote the general welfare of the citizens of said town; provided, that said tax shall not exceed five-tenth of one per cent. of the appraised value of all taxable property owned or held in said town. Special and general tax. SEC. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved December 22, 1896. BUFORD, NEW CHARTER. No. 110. An Act to repeal all laws and amendments to laws heretofore passed, incorporating the town of Buford, in the county of Gwinnett, and to establish a new charter for the same. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, That an Act entitled an Act to incorporate the town of Buford, in Gwinnett county, and to appoint commissioners for the same, and to point out the mode of electing commissioners, etc., and for other purposes (approved August 24, 1872), incorporating, establishing a charter and providing for the government of the town of Buford, in Gwinnett county; together with an Act amendatory thereof entitled an Act to amend an Act entitled an Act to incorporate the town of Buford, in Gwinnett county, and for other purposes, approved August 24, 1872 (said amending Act approved February 27, 1874), and providing for the election of commissioners for said town, fixing their term of office and prescribing their powers, duties and privileges; and also an Act amendatory of said amending Act entitled an Act to amend an Act entitled an Act to amend an Act entitled an Act to incorporate the town of Buford, in Gwinnett county, so far as relates to the sale of spirituous, malt, vinous or other intoxicating liquors in said town, and for other purposes, approved February 27, 1874 (said amendatory Act approved October 7, 1885), regulating the sale of liquors in said town; said original Act, both the above named amendments thereto, and all other Acts either amendatory or explanatory thereof, be, and the same are, hereby repealed. Buford, old charter repealed. SEC. 2. Be it further enacted, That the town of Buford, in the county of Gwinnett, be, and the same is, hereby incorporated under

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the name of the City of Buford. The incorporate limits of said city of Buford shall extend over and embrace the area of one half mile in every direction, from the Southern Railway depot in said city. Incorporated. Corporate limits. SEC. 3. The municipal government of said city shall be vested in a mayor and six councilmen, who are hereby constituted a body corporate under the name and style of The Mayor and Council of the City of Buford. As such they shall have perpetual succession; shall have a common seal; may contract; may sue and be sued; may purchase, have, hold, receive, enjoy, and retain to themselves and their successors in office, for the sole use and benefit of the city of Buford, in perpetuity or a term of years, any estate or estates, real or personal, of whatever kind or nature, within or without the corporate limits thereof; and may rent, lease, sell or exchange, or otherwise dispose of the same for the benefit of said city as they may see fit and proper; the mayor, by the direction of the city council, making deed to any property sold or disposed of by said city. And they may do any and all other acts relating to their corporate capacity. Mayor and council. SEC. 4. Be it further enacted, That the mayor of said city shall hold office for one year and until his successor is elected and qualified. The councilmen shall hold office for the term of two years and until their successors are elected and qualified; provided, however, that the three persons receiving the highest number of votes cast at the first election held under this Act shall hold office for the full term of two years and until their successors are elected and qualified. The three persons receiving the next highest number of votes cast at said first election shall hold office for the term of one year, and until their successors are elected and qualified, so that annually, after said first election, there shall be an election of three councilmen. Terms of officers. SEC. 5. Be it further enacted, That no person shall be elected to the office of mayor or councilman who has not resided in the city of Buford for one year next preceding the election and who is not a legally qualified voter under the provisions of this Act. Who qualified. SEC. 6. Be it further enacted, That vacancies in the office of councilman, caused by death, resignation, failure to elect, removal from office or from the city, or from any other cause, shall be filled by election, which shall be ordered by the mayor. Vacancies in the office of mayor from any cause shall be filled by election, which shall be ordered by the council. Elections to fill vacancies in the office of mayor or councilmen shall be ordered and held within sixty days after said vacancy, and notice thereof shall be given by publication in a newspaper published in said city once a

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week for two weeks next preceding said election; if no paper is published in said city, then such notice shall be given as may be directed by party ordering the election. Citizens of said city, qualified to vote in the last regular election next preceding the one so called shall be qualified to vote in said special election. Vacancies. SEC. 7. Be it further enacted, That on the first Monday on January, 1897, an election shall be held for the first mayor and councilmen of the city of Buford, who shall hold office as provided for in section four of this Act. Said election shall be held in the same manner that elections are now held for the board of commissioners of the town of Buford. Election. SEC. 8. Be it further enacted, That on the first Monday in January, 1898, and annually thereafter on the same date, an election shall be held for mayor and councilmen of said city. The mayor and council shall appoint three freeholders, who shall be electors under this Act, as managers of such elections, whose duty it shall be to receive and count the votes polled, and the mayor shall cause to be published, either in the newspapers of said city or by posting the names of the managers and the place where the election shall be held, at least ten days previous to the day of said election. Said managers before proceeding with said election, shall be sworn as prescribed in section 1283 and 1284, of the Code of Georgia; provided, however, that the first election under this Act shall be held according to the provisions of section seven of this Act, and the persons elected at said first election shall hold office according to the provisions of section four of this Act. After all the votes for mayor and councilmen shall have been duly counted by the managers, they shall cause two copies of the tally sheets to be made out, one of which they shall deliver to the mayor and the other shall be retained by them. The persons elected shall be notified of the same by a certificate issued by the mayor. Elections. SEC. 9. Be it further enacted, That the clerk of the city council shall keep a book in which he shall enter the names of all the qualified voters of said city. Said book shall be kept open for thirty days next preceding the Tuesday before the first Monday in January in each year. Each and every person applying to be registered shall make oath before the clerk (who is hereby authorized to administer the same) that he is twenty one years of age, or that he will be by the first Monday in January next; that by the first Monday in January thereafter he will have resided in said State one year; that he has been a bona fide resident of said city for the term of six months next preceding said election; that he has done all work on the streets that has been imposed and required of him by the city authorities, and that he has paid all taxes required of

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him and which he has had an opportunity of paying. No person whose name does not appear on said registered list shall be permitted to vote at any election for municipal officers of said city unless he will swear in addition to the oath herein required, That he has made application for registry as herein provided, and that registration was refused, or that he was prevented from registering by illness or other unavoidable cause, or that he registered and that his name does not appear on said registration list. Said clerk shall keep a book separate, in which he shall record the names of all persons refused registration, together with the reasons therefor. If any person making application for registry shall be refused the right to register, he shall have the right to appeal to the mayor and council, who shall hear and determine the question of his qualification and his rights to register and vote. Notice shall be given of the opening of such book of registration by publication once a week for two weeks prior to the fixed time for opening such books in the newspapers of said city, or if no newspapers are published in said city, then such notice as the mayor and council shall direct shall be given. Qualified voters. SEC. 10. Be it further enacted, That the mayor and each councilman, before entering upon the duties of his office, shall take and subscribe before the outgoing mayor, or any other officer authorized by law to administer oaths, the following oath, in addition to the oath required for all civil officers of this State, viz.: I do solemnly swear that I will well and truly perform the duties of mayor or councilman (as the case may be) of the city of Buford, by adopting such measures as, in my judgment, will most promote the general welfare of the inhabitants of said city and the common interest thereof, so help me God. Oath of mayor and councilmen. SEC. 11. Be it further enacted, That said mayor and council may appoint one of their number mayor pro tem., who shall have authority to discharge all the duties of mayor whenever, from sickness, absence from the city, or other cause, the mayor is unable to act. Mayor pro tem. SEC. 12. Be it further enacted, That the mayor and each councilman shall be ex officio a justice of the peace within said city for the purpose of issuing warrants for offenses committed within the city, and binding and committing to jail the offenders to appear in any court having jurisdiction of such offenses. Mayor a justice of the peace. SEC. 13. That for any gross official misconduct or abuse of power, or malpractice in office of any kind by the mayor or any counciman, written charges may be preferred against such offenders by any person, and, upon a two-thirds vote of the council, such offenders

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shall be removed from office; provided, that in the trial of such case the officer on trial shall neither preside nor vote. Malpractice in office. SEC. 14. Be it further enacted, That said mayor and council, at the time of qualification, shall elect a treasurer, clerk and marshal, fix their compensations, and require either of such officers to enter into a bond, with sufficient security to be approved by the mayor, in such penalty as may be prescribed by the mayor and council, conditioned faithfully to perform the duties of their office and to collect and pay over, as required by the mayor and council, all taxes, fines, forfeitures, and all other incomes due to said corporation; and said officers shall hold office for the term of one year and until their successors are elected and qualified, unless sooner removed by the mayor and council for good cause, and in case of vacancy from any cause in any of such offices the mayor and council shall fill such vacancy by election at any regular meeting. Treasurer, clerk and marshal. SEC. 15. Be it further enacted, That the mayor of said city shall receive a salary of one hundred dollars per annum, but shall receive no perquisites or other compensation for his services; and each councilman shall receive a salary of twenty dollars per annum as full compensation for his services. Salary of mayor and councilmen. SEC. 16. Be it further enacted, That no officer of said city shall, during the time for which he was elected or appointed, be capable of contracting with such corporation for the performance of any work which is to be paid for by the city, nor shall any such person be capable of having any interest in such contract, either by himself or another, directly or indirectly. Officers cannot contract with city. SEC. 17. Be it further enacted, That the mayor of said city as such shall have power to punish for contempt by fine, not to exceed five dollars, or imprisonment not to exceed three days, for each offense. Mayor, power of. SEC. 18. Be it further enacted, That the mayor and council of said city shall have full power and authority to lay off, vacate, open, alter, cut, pave and keep in good repair, roads, alleys, streets, sidewalks, crosswalks, squares, drains and gutters, for the use of the public or any of the citizens thereof, and to improve and light the same; regulate the width of sidewalks or the streets, and to order the sidewalks, crossings, footings, drains and gutters to be curbed and paved and kept in good order and repair, firm and clean by the owner or occupants of the real property next adjacent thereto; to prevent injury or annoyance to the public or individuals from anything dangerous, offensive or unwholesome; to prevent hogs, cattle, horses, sheep and other animals and fowls of all kinds from running at large in said city; to protect places of divine worship wherever held in said city; to abate or caused to be abated anything

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which, in the opinion of a majority of the whole council, shall be a nuisance; to regulate the keeping of gunpowder and other combustibles; to provide in or near the city places for the burial of the dead and to regulate interments therein; to provide for the regular building of houses or other structures; to provide regulations guarding against danger or damage by fire, and to equip a fire department; to protect the person and property of the citizens of said city, and for this purpose to appoint a police force to assist the marshal in the discharge of his duties; to prescribe the powers and define the duties of the officers appointed by them, to fix their term of service and compensations where not provided for in this Act; to adopt rules for the regulation and government of its own body, not in conflict with the laws of the State; to provide a revenue for said city, and for the collection of the same, and to provide for the annual assessment of taxable property therein, and the mode and manner of valuing such property for taxation; provided, however, that no tax-assessors shall be appointed who is not a freeholder and who is not an elector under this Act. Powres of mayor and council. SEC. 19. Be it further enacted, That to carry into effect these enumerated powers conferred upon said city, or its council, by this Act or any future Act of the Legislature of this State, the council shall have power to make and pass all needful orders, by-laws, ordinances, resolutions, rules and regulations, not contrary to the Constitution and laws of this State, and to prescribe, impose and enact reasonable fines, not exceeding one hundred dollars for any offense or penalties and imprisonments in the place of imprisonment in said corporation, for a term not exceeding sixty days, or to compel wrong-doers to labor on the streets, sidewalks or other public works of said corporation for a term not exceeding ninety days, or either one or any or all of such penalties. Legislative powers. SEC. 20. Be it further enacted, That the mayor of said city shall hold a police court in said city for the trial and punishment of all violators of the ordinances, by-laws, rules and regulations of said city or any of the provisions of this Act, the punishment to be inflicted not to exceed a fine of one hundred dollars, or labor on the streets or public works of said city not to exceed ninety days, or confinement in the calaboose or guard-house of said city not to exceed sixty days, or either one, or any or all of such penalties as the said mayor may see fit. In the absence of the mayor the mayor pro tem. or a majority of the council of said city shall hold said trials and impose the punishments just as the mayor could do were he present. In addition to the above punishment the authorities of said city shall have the power to put a ball and chain on any or all of the violators of its ordinances, rules or regulations, while

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working them on the streets or public works of said city, or whenever they may deem it necessary to secure the safety of the prisoners. Mayor's court. SEC. 21. Be it further enacted, That the marshal of said city, his aids or deputies and persons summoned or requested by said marshal or his deputies to assist them, shall have the power and right to arrest any and all persons within the corporate limits of said city, who are, at the time of the arrest, or who, before that time, have been guilty, within said limits, of disorderly conduct or a violation of any of the ordinances or by-laws of said city or corporate authorities or a violation of any of the provisions of this Act. Said marshal or deputies, or persons summoned or requested by said marshal or deputy to assist them, are authorized to imprison and confine any person subject to arrest by them in the place of confinement or city prison for a reasonable time; and said marshal or deputies shall have the right, power and privilege (though they shall not be compelled) to release any person arrested within the corporate limits of said city upon said person given bond, with sufficient security, payable to the mayor and council of the city of Buford, to be approved by the regular marshal, the mayor or two of the councilmen of said city, conditioned to pay the obligees in said bond an amount fixed by said marshal, mayor or two councilmen, in the event said person arrested does not appear before the corporate authorities of said city 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 offenses for which said person was arrested. Marshal, powers and duties of. SEC. 22. Be it further enacted, That all male persons over the age of sixteen and under the age of fifty years, who have resided within the corporate limits of said city ten days, shall be subject to work on the streets, alleys and sidewalks within the limits of said city, each and every year, not exceeding fifteen days in each year, or to pay a commutation tax in lieu of working said streets, alleys and sidewalks, which commutation tax shall not exceed five dollars per year, and the 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 in each year, or to pay a commutation tax therefor, not exceeding five dollars each year, and in the event any 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 city, orally one day beforehand to do said work or to 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

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by being compelled to work upon said streets, alleys and sidewalks not exceeding thirty days, and to pay a fine of not more than fifteen dollars, and to be imprisoned in the place of imprisonment in said town not exceeding twenty days, or being compelled to do either one, or more, or all of these things. Streets, how worked. SEC. 23. Be it further enacted, That the council shall cause to be annually made up and entered upon its journal an accurate estimate of all sums which are, or may be lawfully chargeable upon said city, and which ought to be paid within one year, and shall order a levy of such tax as may, in the opinion of the council, be necessary to pay the same. The tax may be levied upon all the property, real and personal, within said city, upon banking, insurance, and other capital employed therein; provided, that no tax upon property exceed one-half of one per cent. of the value thereof. The council shall have authority to levy and collect a specific tax upon factors, bankers, agents or managers of gift enterprises, shows of all sorts, and upon all persons exercising within the city any profession, trade or calling, or any business of any nature; provided, said tax is not in conflict with any law of this State. Tax. SEC. 24. Be it further enacted, That the clerk of the council of the city of Buford shall issue fi. fas. against all persons who fail to pay their taxes in the time prescribed by the mayor and council of said city for any and all amounts due said city, and he shall issue fi. fas. for all unpaid fines due said city, and when such fi. fas. have been placed in the hands of the marshal or his deputy he shall forthwith proceed to levy the same upon the property of the parties against whom said fi. fas. have been issued. If the owner of the property is not known or cannot be found, said executions shall be issued against the property. Fi. fas., for what and by whom issued. SEC. 25. Be it further enacted, That all sales of personalty by the marshal shall be conducted as sales by constables under the State laws, and sales of real estate, by the same regulations prescribed by the laws of the State for sheriff's sales, as to levy, time, place, advertisement and all other particulars so far as applicable. Marshal's sales. SEC. 26. Be it further enacted, That all spirituous, malt, vinous or intoxicating liquors, wines or bitters shall not be sold within the corporate limits of the city of Buford, and any person violating the provisions of this section shall be fined the sum of one hundred dollars, and imprisoned in the place of impoisonment of said city for the term of sixty days, or be compelled to work on the street or public work of said city for term of ninety days. Liquor, sale of prohibited. SEC. 27. Be enacted, and it is hereby enacted, That all laws and parts of laws in conflict with this Act are hereby repealed. Repealing clause. Approved December 23, 1896.

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COLQUITT, CHARTER AMENDED. No. 91. An Act to amend an Act entitled an Act to charter the town of Colquitt, and for other purposes, approved July 26, 1889. SECTION 1. Be it enacted by the General Assembly of Georgia, That from and after the passage of this Act the charter of the town of Colquitt in the county of Miller, approved July 26, 1889, and be altered and amended as set forth in the following sections of this Act. Charter amended. SEC. 2. Be it further enacted by the authority aforesaid, That the corporate limits of said town shall extend one-half of one mile in every direction from the court-house. Corporate limits. SEC. 3. Be it further enacted by the authority aforesaid, That an election shall be held on the first Tuesday of January in each year for mayor and four aldermen, who shall serve until their successors shall have been elected and qualified. Mayor and aldermen, election of. SEC. 4. Be it further enacted by the authority aforesaid, That on the first Tuesday in January, 1897, and same day in each year thereafter, an election shall be held for mayor and aldermen of said town; but no one shall vote for or be eligible to the office of mayor or aldermen who does not reside within the corporate limits thereof, and who is not qualified to vote for members of the General Assembly of this State. Said election shall be held and conducted in the same manner as elections for county officers in this State, and a certificate of the managers shall be sufficient authority to the persons elected to enter on the discharge of their duties as such mayor and aldermen. Who is eligible. SEC. 5. Be it further enacted by the authority aforesaid, That before entering on the discharge of their duties, the mayor and each alderman shall subscribe the following oath, which may be administered by any person authorized by the laws of this State to administer oaths: I do solemnly swear that I will faithfully discharge all the duties devolving on me as mayor (or alderman, as the case may be) of the town of Colquitt to the best of my ability and understanding, so help me God. Oath. SEC. 7. Be it further enacted by the authority aforesaid, That the said mayor and aldermen shall have power and authority to elect such marshals, clerks and other subordinate officers as they may deem necessary for carrying into effect the power herein conferred upon them; to prescribe the fees and duties of such subordinate

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officers, and require such bonds for the faithful performance of their duty as they may deem necessary and proper. Marshal and other officers. SEC. 7. Be it further enacted by the authority aforesaid,. That the mayor and each alderman shall be ex officio a justice of the peace, and shall have full power and authority to issue warrants for any offense committed within the corporate limits of said town, and shall have power to compel the attendance of witnesses and to examine them under oath, to admit any offender to bail or to commit him or her to jail for violation of the laws of this State committed within the corporate limits of said town, and to commit to the guard house for any violation of the ordinances of said town. Mayor and aldermen justices of the peace. SEC. 8. Be it further enacted by the authority aforesaid, That said mayor and council shall have power and authority to pass all ordinances and by-laws that they may deem necessary for the government of said town which is not inconsistent with the laws of this State or the United States. Legislative, powers. SEC. 9. Be it further enacted by the authority aforesaid, That said mayor and aldermen shall have power to levy and collect a tax not exceeding one-fifth of one per centum upon all property, both real and personal, within the corporate limits of said town. They may require a license not to exceed fifty dollars on tenpen alleys, billiards and pool tables, and other establishments calculated to encourage ideleness, and on all shows and exhibitions performing for the purpose of gain, and shall have power to regulate the sale of liquors in said town and to fix the amount to be paid for license to sell spirituous liquors in said town; provided, said license shall not be less than two hundred and fifty, nor more than three hundred dollars, and to pass ordinances for the abatement of nuisances and removing obstructions from the streets of the town, and to lay out streets and to regulate the width and length of the same. They shall also have power to require all persons within said corporation who are subject to road duty under the laws of this State to work on the streets of said town, or they may prescribe a commutation tax which may be paid in lieu of said work on said street, and shall have power to imprison any defaulter who fails or refuses to work on said streets when required, in the guard-house in said town, not exceeding three days for each day he refuses to work. Tax. License. Streets. SEC. 10. Be it further enacted by the authority aforesaid, That the mayor of said town, and in his absence the mayor pro. tem., who shall be elected by the aldermen (from their number), shall be chief executive officer of said town. He shall see that all ordinances, by-laws, rules, and orders made by said mayor and aldermen

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are faithfully executed. He shall have control of the police of said town, and may appoint special police when he may deem it necessary, and he shall deem it his duty especially to see that the peace and good order of said town are preserved, and that persons and property therein are protected, and to this end he may cause the arrest and detention of all riotous and disorderly persons in said town. He shall have power to issue executions for all fines, penalties and costs imposed by him, or he may require the immediate payment of the same, and in default of immediate payment he may imprison the offender in the guard-house of said town. Mayor, power and duties of. SEC. 11. Be it further enacted by the authority aforesaid, That if at any time the office of mayor and aldermen shall become vacant by death, resignation or otherwise, the remaining members of council may fill such vacancy by appointing any citizen of said town eligible to such office, and if there be no mayor nor aldermen to fill such vacancies, the justice of the peace of the district in which the town is in may at any time order an election for mayor and four aldermen to fill the unexpired term, if any. Vacancies. SEC. 12. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved December 23, 1896. DALTON, CHARTER AMENDED. No. 10. An Act to amend an Act entitled an Act to amend the charter of the city of Dalton, approved October 5, 1885, and for other purposes. 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, section 7 of an Act approved October 5, 1885, the title of which is fully set forth in the charter hereof, be amended by striking from said Act section 7 as written, and substituting in lieu thereof the following, which shall be known as section 7. SEC. 2. Be it further enacted by the authority aforesaid, That there shall be elected biennially by the qualified voters of the city of Dalton, a marshal, a clerk and a treasurer of said city who shall hold their offices during a period of two years from the date of their installation and until their successors are elected and qualified,

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unless sooner removed for cause by the mayor and council of said city. The said officers shall give the bonds, take the oaths, discharge all the duties and be subject to all the liabilities prescribed for their respective offices by the charter of the city and the ordinances of the city council not inconsistent therewith. The first election for the officials herein mentioned shall be held the second Wednesday in December, 1896, and biennially thereafter. Marshal. clerk and treasurer. SEC. 3. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved December 10, 1896. DAVISBORO, CHARTER AMENDED. No. 127. An Act to amend an Act entitled 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, approved December 18, 1894, so as to give to the said town of Davisboro the power to impose and collect special business licenses and taxes, to control all streets and public squares in said town, to widen streets and sidewalks, to lay out and open new streets in said town, and prescribing the qualifications of the mayor of said town, and establishing a cemetery in said town, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That an Act incorporating the town of Davisboro, in the county of Washington, be so amended as to grant authority to the mayor and council of said town to impose 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 shall also have the power to provide by ordinance the method of collecting such taxes or license fees, and to fix penalties against any one carrying on any of said occupations or exercising any of such privileges without having first paid such tax or having obtained such license. Special tax or license. SEC. 2. Be it further enacted by the authority aforesaid, That the mayor and council of the town of Davisboro shall have the superintendence of all streets, squares, lanes and alleys of said town

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and may prohibit or remove all obstructions or encroachments thereon, and they are invested with the power to widen or straighten any of the sidewalks or streets of said town, to lay out and open new streets when they think best and proper, to condemn private or railroad property; provided, that such property-owner shall have a just and reasonable compensation therefor, which assessment of damages shall be paid out of the town treasury; and if any such property-holder is dissatisfied with the damages assessed, upon his or her complaint to the said council, the question of the amount of such damages shall be referred to the arbitrament and award of three arbitrators, one to be selected by the mayor and one by the property-owner, and the third by the arbitrators themselves chosen, a majority of which arbitrators may make award. Either party dissatisfied with the finding or award may enter an appeal to the superior court of the said county of Washington, by filing with the mayor and council his statement in writing of the case and the amount of the finding, and that such party desires to enter an appeal, whereupon it is the duty of said mayor and council to transmit said statement to the next superior court of Washington county, upon the filing of a bond by the party appealing in double the amount of the award, payable to the opposite party and conditioned to pay all damages and costs that may be sustained by said opposite party in the event said appeal be not sustained, and said appeal thus transmitted shall be tried by a jury in said court. Streets, etc. Condemnation for. SEC. 3. Be it further enacted by the authority aforesaid, That no person is eligible to the office of mayor of said town of Davisboro who is not a qualified voter and freeholder in said town. Mayor. SEC. 4. Be it further enacted by the authority aforesaid, That the mayor and council of the town of Davisboro shall have authority to provide places for the burial of the dead, to regulate interments therein, and to keep up and control the same Cemetery. SEC. 5. Be it further enacted by the authority aforesaid, That all laws or parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved December 24, 1896.

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ELBERTON, CITY OF INCORPORATED. No. 45. An Act to incorporate the city of Elberton in Elbert county; to change the name of the town of Elberton in the county of Elbert to the City of Elberton; to provide that all valid contracts heretofore entered into by the town of Elberton shall be good and valid for or against the city of Elberton; to provide that all property now held and owned by the town of Elberton shall be and become the right and property of the city of Elberton, and that all rights and liabilities of the town of Elberton shall accrue to and against the city of Elberton; to provide that all laws and ordinances of the town of Elberton not in conflict with this charter shall be valid and enforceable, as laws and ordinances of the city of Elberton; to define the limits of the city of Elberton; to confer municipal powers on the city of Elberton, and provide municipal government therefore; and to grant a charter to said city under the corporate name of the city of Elberton, and for other purposes. 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 city of Elberton, in the county of Elbert, be, and the same is, hereby incorporated under the name and style of the city of Elberton, and by that name may have perpetual succession, may have and use a common seal, may sue and be sued, may plead and be impleaded in any court of law or equity in the State, may purchase, have, hold, receive, enjoy, and retain to themselves and their successors in office for the use of the city of Elberton, any estate or estates, real or personal, of whatever kind or nature, within or without the incorporate limits thereof, and may sell or otherwise dispose of the same for the benefit of said city as they may see fit and proper, the mayor by direction of the city council making deed to any property sold or disposed of by said city. City of Elberton incorporated. SEC. 2. Be it further enacted by the authority aforesaid, That the central point of said city shall be the central point of the present public square measured from a stone now marking the central point of said public square. Center of city. SEC. 3. Be it further enacted by the authority aforesaid, That the territorial limits of said city shall be one mile in every direction from said central point. Corporate limits.

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SEC. 4. Be it further enacted by the authority aforesaid, That the municipal government of said city shall consist of a mayor and five councilmen, a secretary and treasurer, both of which last named offices may be filled by the same person or by different persons, and whether said officers be filled by the same person or different persons, there shall be a bond given of such sum as may be precribed by the council for each of said officers, payable to the city of Elberton; all of whom shall be elected annually on the days fixed by ordinance, and hold their offices for one year, and until their successors are elected and qualified; each of whom shall take an appropriate oath provided by ordinance before entering upon the duties of their respective offices, which oath may be administered by any person authorized to administer oaths under the laws of this State. That the council may appoint or elect such other subordinate officers as may become necessary at any time for the enforcement of the provisions of this charter or any ordinance passed by said council in pursuance of the rights and powers herein conferred, all of which subordinate officers as may be thus appointed or elected shall be deemed and held to be lawful officers of this State and of the city of Flberton. All subordinate officers or such as are elected or appointed by the council, shall hold their office at the will of the council and receive such salary as may be fixed by the council, each of whom shall take an appropriate oath before entering upon the discharge of their respective duties, and shall give such bonds as the council may require. Municipal government. SEC. 5. Be it further enacted by the authority aforesaid, That the present officers of said town, to wit: T. O. Tabor, mayor; P. M. Hawes, B. B. Braswell, H. J. Brewer, W. C. Pressby and D. H. Brown, councilmen, and W. B. Henry, secretary and treasurer, be, and they are, hereby declared to be lawful officers of said city under this charter until the second Wednesday in December, 1896 (and until their successors are elected and qualified), when an election shall be held for their successors under the laws of the State applicable and under such future rules and regulations as may be by ordinance adopted, and an election to be held annually thereafter, on the same day, unless changed by ordinance, which the city council may do; provided, such change does not have the effect to lengthen the term of office at the time the change is made. The day of election may be changed, but the term of office of all officers of said city shall be one year from their election and until their successors are elected and qualified, except in case of election to fill a vacancy, in which case it shall be until the next regular election. First election for officers. SEC. 6. Be it further enacted by the authority aforesaid, That

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at the first meeting of the city council, after their election and qualification, they shall elect one of their number as mayor protem., who shall be the presiding officer of said city council at all the deliberations, and shall be allowed a vote on all questions whether there be a tie or not, and who shall also, in the absence or disqualification of the mayor, exercise all the functions of the office of mayor, in all and every particular whatever; and all the duties, powers, rights and privileges conferred by this charter upon the mayor may, and shall be exercised by the mayor pro tem. in the absence or disqualification of the mayor, without being specially conferred upon the mayor pro tem. by this charter; that the council, including the mayor pro tem., shall constitute the legislative body of said city, any three of whom shall constitute a quorum for the transaction of any and all business, but no ordinance shall be declared passed and become the law of the city unless it receives at least three votes in favor of its passage. Mayor pro tem. SEC. 7. Be it further enacted by the authority aforesaid, That the legislative body of said city shall provide by ordinance the manner of holding elections as well as to fix the qualifications of voters, and the eligibility of citizens to hold office in said city; provided, such ordinance be not inconsistent with the constitution and laws of this State and the United States. Elections, how held. SEC. 8. Be it further enacted by the authority aforesaid, That if any vacancy should occur in either of the offices provided for in this charter, the council, or a majority of them, may order an election to fill such vacancy, and the person or persons so elected shall hold their offices until the next regular election thereafter. Removal beyond the limits of said city corporation, or conviction of a crime involving moral turpitude in any of the courts of the State, shall vacate the office held by the person so removing or convicted. Vacancies. SEC. 9. Be it further enacted by the authority aforesaid, That the mayor, and in his absence the mayor pro tem., and in the absence of both any one or more members of the council, may hold the mayor's court for the trial of offenders against the laws of the city, and may exercise all the powers conferred by this charter upon the mayor, and may punish for any violation of a city law by a fine not exceeding one hundred dollars, imprisonment in the calaboose or the county jail, by permission of the county authorities, not exceeding sixty days, work on the street chain-gang, or other public or private works, under the supervision of the chief of police or the marshals of the city, not exceeding sixty days, one or more, or all of these, at the discretion of the trial court. While sitting as a court for the trial of offenders the said court

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shall have power to punish for contempt by fine not exceeding fifty dollars, imprisonment, or work in the manner already described in this section not exceeding fifty days, one or both, at the discretion of the trial court. There may be an appeal in any case from mayor's court to council, and judgment therein may be reviewed by certiorari to the superior court of Elbert county. Mayor's court. SEC. 10. Be it further enacted by the authority aforesaid, That the mayor of said city shall be authorized to issue warrants for offenses committed within the corporate limits of said city against any law or ordinance of said city or of this State, and when the offense is against the State the mayor may hear evidence and commit to jail or take bond for appearance before the State court having jurisdiction of the offense as a justice of the peace could do. If the offense charged in the warrant be one against the laws or ordinances of the city, the arresting officer shall carry the accused before the mayor's court and none other, and shall there be disposed of as other cases of arrest not made under warrant. All warrants issued by the mayor, or those acting in his stead, shall be directed to the chief of police of Elberton, or any marshal thereof, and to all and singular the sheriffs, deputy-sheriffs, and constables of this State, and any one of said officers shall have the same authority to execute said warrants as the sheriffs of this State have to execute criminal warrants. Mayor, powers of. SEC. 11. Be it further enacted by the authority aforesaid, That the mayor, or those holding the mayor's court in his stead, shall have power and authority to subp[oelig]na witnesses to attend the mayor's court under the same rules and regulations that regulate and govern the superior courts of this State, to compel their attendance, and to punish any witness who has been subp[oelig]naed and failed to attend, under the provisions for contempts already provided for in this charter. SEC. 12. Be it further enacted by the authority aforesaid, That the authorities of said city shall have power and authority to condem and appropriate, as hereinafter provided, private property for public use; to lay off and open new streets, alleys, lanes, or other ways for the convenience of the public or any citizen of said city; to vacate, close, alter, widen, curb, pave and keep in good order and repair all streets, avenues, alleys, lanes, sidewalks, crosswalks, drains, sewers and gutters, for public or private use; to improve and light the streets, public parks and grounds; to furnish water and lights for private use, and to charge therefor; to keep all public grounds, streets, sidewalks, cross-walks, avenues, alleys, lanes, or other ways free from obstructions of any kind; to regulate the width of sidewalks and cross-walks on the streets; to

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grade and change the grade of any and all streets, sidewalks, crosswalks, avenues, alleys, lanes, or other ways, without any liability for damage therefor; to require adjacent landowners to curb, pave, and improve sidewalks at their own expense, under the direction of the authorities of said city, and upon failure of the landowners to do so, the authorities of said city may have such work done and collect the cost thereof from the adjacent landowners by execution as other taxes are collected. Condemnation for [Illegible Text] streets, etc. SEC. 13. Be it further enacted by the authority aforesaid, That whenever it is desired by the authorities of said city to appropriate private property to public use, and do not procure the same from the owner or owners thereof by contract or purchase, the title to such property may be acquired upon paying or tendering the owner or owners thereof, or to his, her, its or their legally authorized representative, just and reasonable compensation for the property desired and sought to be appropriated to public use, which compensation, when not otherwise agreed upon, shall be assessed and determined in the following manner, to wit: As now provided by the general law of the State on this subject. Compensation for private property taken by city. SEC. 14. Be it further enacted by the authority aforesaid, That the city council of said city shall have power and authority to regulate by ordinance the keeping markets, and condemn, in the manner prescribed by ordinance, all meats, vegetables, or other articles of food whatever which, after inspection, are found to be unwholesome and unfit for food, and shall have the power to seize and destroy all such articles of food as shall be condemned by the inspector, and may punish any person or persons who sell or offer for sale any such articles of food in the city; and to enforce this provision the inspector or officers of the city shall have the right, without warrant, to enter any place of business or other place where there is reason to suspect that such articles of food are being sold or offered for sale, and to condemn, seize, and destroy the same, or otherwise dispose of it as may seem best to said officers. Markets. SEC. 15. Be it further enacted by the authority aforesaid, That the city council of said city shall have power and authority to establish fire limits for said city, and to change the same from time to time, and to regulate and prescribe the material and the manner of building houses therein, to establish a system of building inspection, and to condemn all such buildings and other structures as are dangerous to the public safety or the safety of any citizen, and to have the same made safe, or removed at the expense of the owner or owners thereof; and upon failure of the owner or owners of such condemned structures to make them safe or remove them, the city authorities may have the same done and collect the expense thereof

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by execution against the owner or owners, as other executions are collected. The authorities of said city shall also have power and authority to prevent injury or annoyance to the public or individuals from anything dangerous, offensive or unwholesome; to prevent dogs, hogs, cattle, sheep, horses, mules, goats, asses, and all other kinds of animals and fowls of all kind from going at large in said city or in any prescribed territory therein, and to regulate the keeping of all such animals and fowls on private lots in said city; to protect places of divine worship; to abate, or cause to be abated, anything which, in the opinion of the authorities or officers of said city, is a nuisance; to regulate the keeping and selling of dynamite, gunpowder, kerosene, and all other hazardous or combustible articles of merchandise; to guard against danger or damage by fire; to regulate or prohibit the operation of blacksmith shops or other businesses that endanger the property of others in said city or any prescribed territory therein; to regulate the running of steam engines, whether for factories, furnaces, cotton gins, cottonseedmills, mills, sawmills, planing-mills, or any other kind of machinery propelled by steam engines within the corporate limits of the city; to regulate the running of any and all sorts of vehicles, however drawn or propelled, that may be used on the streets of said city; to establish quarantine and regulate the same, and to regulate the burial of the dead in said city. City council, powers of. SEC. 16. Be it further enacted by the authority aforesaid, That the city council of said city shall have power to contract debts and issue bonds of said city, under and in accordance with the limitations provided in the constitution of the State and the general laws of the State applicable to municipalities, and with the funds arising from the sale of any bonds thus issued may refund any existing debts; establish and maintain a system of water-works, a system of lights, erect public buildings, or any other improvements, convenience, or necessity, for the use of the citizens of said city, and to create a debt and issue bonds of said city for any other purpose under the limitations herein stated. Power to contract debts and issue bonds. SEC. 17. Be it further enacted by the authority aforesaid, That the city council of said city shall have full power and authority to provide the manner of giving in taxes of said city, to appoint three citizens of said city who are freeholders thereof as tax-assessors of said city, whose duty it shall be to place a just, fair, and equitable valuation on the property within the corporate limits of said city subject to city taxes, whether given in for taxes by the owner thereof or not, to equalize and adjust the tax returns of all owners of property within said city; the said board of assessors to give to any citizen or property owner an opportunity to appear before them

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and make objection to the valuation placed by them upon any piece of property, and if in the judgment of said assessors the valuation first fixed be too high, they may change the same, but in all cases the decision of the assessors after the property owner has appeared before them, or had notice to appear besore them, shall be final Publication in any newspaper published in said city ten days before the day fixed for hearing complaints shall be deemed sufficient and legal notice under this section. Taxes, how levied. SEC. 18. Be it further enacted by the authority aforesaid, That the city council shall have full power and authority to levy a special tax, not exceeding ten mills on each dollar, as street tax, and expend the same in opening and improving streets, sidewalks, cross-walks, alleys, lanes, avenues, public parks and grounds; also to levy and collect a tax upon all and every species of property in said city subject to State and county tax; upon banking and insurance capital employed in said city; upon brokers and factors; upon each and every business, calling, trade or profession carried on in said city; upon billiard and pool tables, bowling alleys, bank, insurance, telegraph and express agencies in said city; to tax all theatrical performances, shows and exhibitions for gain, or any kind of profit in said city; to tax all itinerant traders or peddlers, all venders of patent medicines, drugs, books, nostrums, or devices of any kind; to tax all solicitors or canvassers selling goods, wares, or merchandise by sample at retail to consumers. All of said taxes except the tax on real or personal property, which shall be ad valorem, and not exceeding the constitutional or statutory limitations, shall be in the nature of a license, which must be paid in advance of doing business or carrying on the trade or occupation, or canvassing or offering for sale any of the articles above set forth, and the council shall provide by ordinance for the punishment of all parties required to take out license, who do, or attempt to do, any business before taking out such license and complying fully with all the requirements of said council, made in reference thereto. Special taxes. SEC. 19. Be it further enacted by the authority aforesaid, That the city council shall have power and authority to provide, by ordinance, when the taxes of said city shall fall due, and the mayor or person acting in his stead shall have power and authority to issue tax executions for all taxes that have not been paid on or by the day fixed when they shall be paid, which execution shall be directed to the chief of police, and all and singular the marshals of Elberton. Said tax executions, when issued, shall be placed in the hands of the chief of police, or some marshal of said city, whose duty and authority it shall be to levy the same, upon any property, real or personal, within the corporate limits of said city;

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if the execution be for a sum less than a hundred dollars, and the property levied upon personal property, the same may be advertised as constables sales are now advertised, by posting the advertisement in three or more places in said city, one of which shall be at the courthouse door where the mayor holds his courts; if the execution be for a sum greater than one hundred dollars, or the levy be upon real estate, the same shall be advertised by the levying officer under the same terms and under the same regulations and in the same paper that the sheriff's advertisements for the county of Elbert are made. The deed of the chief of police or marshal, making the sale under executions by the city authorities, shall pass the title to the property sold to the purchaser as completely and absolutely as the deed of the defaulting taxpayer would have done; provided, however, that any person whose property has been sold for taxes shall be allowed to redeem the same by paying to the purchaser, at any time within twelve months from the date of the sale, the full amount of his bid, with ten per cent premium thereon; that the officers making the levy under executions issued by the authorities of said city shall have full power and authority to take bond for the forthcoming of personal property levied upon by them, payable to themselves, which bonds may be sued upon by such officers, for the use of the city, in any court having jurisdiction of the person and subject-matter of such bond, and the levying officers of such executions shall receive costs for their services as follows: If the execution is less than one hundred dollars, the costs allowed constables shall be received by them; if the execution be greater than one hundred dollars, the costs allowed sheriffs shall be received by them. Taxes, how collected. SEC. 20. Be it further enacted by the authority aforesaid, That should an affidavit of illegality be filed to an execution issued by the authorities of said city (which may be done under the same rules that prevail in State courts), or any property levied upon be claimed by a person not a party to the execution, said claim shall be interposed under the same rules, restrictions and regulations that govern claim cases in the courts of the State, and such claims and illegalities shall be returned for trial to the justice's court or notary's public court that is held in the city of Elberton, or the city court or superior court of Elbert county, the one having jurisdiction, as the case may be. Illegalities and claims. SEC. 21. Be it further enacted, That the authorities of said city shall have the power and authority to regulate the sale of spirituous liquors within the limits of said city where not inconsistent with the laws of said State; to fix the price of license and to grant license for the sale thereof in any quantity, and to punish for the unlawful

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sale of spirituous liquors in said city where not inconsistent with the laws of this State; to prevent the keeping of spirituous liquors for unlawful purposes within said city and to punish therefor; shall have power and authority, upon sworn information, to enter without warrant and to inspect any place of business or other place in said city where there is reason to suspect that spirituous liquors are kept therein for unlawful sale, and to seize and hold such articles and things as may be found therein, to be used as evidence of a violation of any ordinance of said city or law of the State. Liquor, sale of. SEC. 22. Be it further enacted, That the city council of said city shall have power and authority to require all persons within the corporate limits of said city, subject to road duty under the laws of this State, to work on the streets of said city, or they may fix a commutation tax, which may be paid in lieu of work on the streets. Commutation tax. SEC. 23. Be it further enacted, That the name of the town of Elberton in Elbert county be changed to the city of Elberton, and that all contracts heretofore entered into by the town of Elberton shall be good and valid for and against the city of Elberton to the same extent that they would have been for or against the town of Elberton had this charter not been granted, and all rights and liabilities of the town of Elberton and all action and the rights thereof shall accrue and survive to and against the city of Elberton. All property and the right thereof now held and owned by the town of Elberton shall be and become the right and property of the city of Elberton. All laws and ordinances of the town of Elberton not in conflict with this charter shall be valid and enforcible as laws and ordinances of the city of Elberton. Town of Elberton becomes city of Elberton. SEC. 24. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved December 19, 1896.

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CITY OF FITZGERALD INCORPORATED. No. 4. An Act to incorporate the city of Fitzgerald in the county of Irwin, in the State of Georgia, to define the corporate limits of said city, to provide for the election of a mayor and aldermen, and other city officers, for the government thereof; to enact all necessary ordinances, and to provide penalties for violation of the same; to regulate the sale of spirituous, malt and intoxicating liquors, merchandise and other commodities; to provide a system of public schools; to construct and maintain a system of sewerage; to regulate fire, sanitary and police protection; to raise revenue by taxation and specific license, or otherwise; to defray expenses of the city government; to grant franchises to railway, electric light, telegraph, telephone, water-works and other companies, and such other franchises as may be deemed necessary to provide for the laying out of streets, alleys, sidewalks, drives, parks and other public grounds, and maintaining the same, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act, the city of Fitzgerald, in the county of Irwin, shall be incorporated under the name and style of the City of Fitzgerald, by which name it shall always sue and be sued, plead and be impleaded. The corporate limits of said city shall be as follows, to wit: Beginning at the northwest corner of land lot numbered 122 in the third land district of Irwin county (same being also the northwest corner of 5-acre tract No. 578 of the recorded plot of the lands surveyed and plotted by the American Tribune Soldiers Colony Company), thence east in a direct line to the northeast corner of land lot No. 300, in the fourth land district of said county (being also the northeast corner of 5-acre tract No. 1076 of said Colony Company lands), thence south along the east line of land lots numbered 300 and 301 in said fourth land district of said county, to the southeast corner of land lot No. 302 in said fourth district, thence west in a direct line along the south lines of land lots numbered 302 of the fourth district, and 91 and 92 in the third land district to the southwest corner of said land lot No. 92 (being southwest corner of 5-acre tract 1357), thence north along the west lines of land lots numbered 92, 119 and 122 in the third land district to the place of beginning. Said territory so incorporated being all of land lots 300, 301 and 302 in

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the fourth land district, and all land lots numbered 91, 92, 120, 121, 122 and 119 of said third land district, being all in said county of Irwin. Fitzgerald, city of, incorporated. Corporate limits. SEC. 2. Be it further enacted by the authority aforesaid, That the said city shall be divided into four wards as follows, to wit: First ward, on north by north line of city; on east by Main street north of Central avenue, and a line running due north from the center of the north end of Main street to a point on north line of the city; on south by Central avenue west of Main street and a line running due west from the center of the west end of Central avenue to a point on west line of city; on west by the west line of the city. Second ward, on north by north line of city; on east by east line of city; on south by Central avenue east of Main street, and a line running due east from the center of said avenue to a point on the east line of the city; on west by the east line of first ward. Third ward, on north by south line of the second ward; on east by the east line of the city; on south by the south line of the city, and on west by Main street south of Central avenue and a line running due south from the center of the south end of Main street to a point on south line of the city. Fourth ward, on north by south line of first ward; on east by the west line of third ward; on south by south line of the city; on west by west line of city. Wards First. Second. Third. Fourth. SEC. 3. Be it further enacted by the authority aforesaid, That the chief executive officer of the city shall be the mayor, who shall be a citizen of the United States, a qualified elector, reside within the city, and shall hold his office for two years, or until his successor shall be elected and qualified. Mayor. SEC. 4. Be it further enacted by the authority aforesaid, That whenever a vacancy shall happen in the office of mayor, when the unexpired term shall be three months or over from the date when the vacancy occurs, it shall be filled by an election, and when it is less than three months, the president of the council shall, during the unexpired term, be acting mayor, and possess all the powers of the mayor. Vacancy in office of mayor. SEC. 5. Be it further enacted by the authority aforesaid, That if the mayor shall, at any time during the term of his office, remove from the limits of the city, his office shall thereby become vacant. Mayor, removal of. SEC. 6. Be it further enacted by the authority aforesaid, That the mayor shall preside at all meetings of the city council, but shall in no case be allowed to vote; he shall have the power to remove any officer appointed by him alone whenever he shall be of the opinion that the interests of the city demand such removal, but he shall

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report the reasons for such removal to the council at its next regular meeting; he may exercise within the city limits the powers conferred upon sheriffs and constables to suppress disorder and keep the peace; he shall perform all such duties as are prescribed by law or city ordinance, and shall take care that the laws and ordinances are faithfully executed. Mayor, powers and duties of. SEC. 7. Be it further enacted by the authority aforesaid, That he shall have power at all times to examine and inspect the books, records and papers of any agent, employee or officer of the city; shall annually and from time to time, give the council information relative to the affairs of the city, and shall recommend such measures for their consideration as he may deem expedient. SEC. 8. Be it further enacted by the authority aforesaid, That he shall have power, when necessary, to call on every male inhabitant of the city over eighteen years of age, to aid in enforcing the laws and ordinances. Posse comitatus. SEC. 9. Be it further enacted by the authority aforesaid, That in case the mayor, or any other municipal officer, shall at any time be guilty of a palpable omission of duty, or shall wilfully and corruptly be guilty of oppression, misconduct or malfeasance in the discharge of the duties of his office, he shall be liable to indictment in any court of competent jurisdiction in Irwin county, and on conviction shall be fined in a sum not exceeding one thousand dollars; and the court in which such conviction shall be had shall enter judgment removing such officer from his office. Neglect or misconduct of officer. SEC. 10. Be it further enacted by the authority aforesaid, That the mayor shall have power to sign or veto any ordinance or resolution passed by the city council, and the power to veto a part of any ordinance or resolution appropriating money. Veto power. SEC. 11. Be it further enacted by the authority aforesaid, That the city council shall consist of the mayor and aldermen. City council. SEC. 12. Be it further enacted by the authority aforesaid, That if any vacancy occurs in the office of alderman, by death, resignation, removal or otherwise, such vacancy shall be filled by appointment by the city council, if the unexpired term shall be not more than three months; otherwise by special election. Alderman, vacancy in office of. SEC. 13. Be it further enacted by the authority aforesaid, That no person shall be eligible for the office of alderman unless he shall be a qualified elector of the city and reside within the ward for which he is elected; nor shall he be eligible if he be in arrears in the payment of any tax or any other liability of any kind to the city, nor shall he be directly or indirectly interested in any contract whatever to which the city is a party; nor shall he be eligible if he shall have been convicted of malfeasance, bribery or other

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corrupt practices or crimes; nor shall he be eligible to any office, the salary of which is payable out of the city treasury, if at the time of his appointment he shall be a member of the city council; nor shall any member of the city council at the same time hold any office under the city government; nor shall he directly or indirectly, individually or as a member of a firm, be engaged in any business transaction (other than official) with such city through its mayor or any of its authorized boards, agents or attorneys, whereby any money is to be paid directly or indirectly out of the city treasury to such member or firm. Aldermen. SEC. 14. Be it further enacted by the authority aforesaid, That the city council shall be judge of the election and qualifications of its own members. It shall determine its own rules of proceeding; punish its members for disorderly conduct. City council. SEC. 15. Be it further enacted by the authority aforesaid, That a majority of the aldermen elected shall constitute a quorum to do business, but a smaller number may adjourn from time to time, and may compel the attendance of absentees, under such penalties as may be prescribed by ordinance. Quorum. SEC. 16. Be it further enacted by the authority aforesaid, That the city council shall hold its regular meetings on the first and third Mondays of each month, and shall prescribe by ordinance the manner of calling and holding special sessions, and may by ordinance change the date of its regular meetings. At the first regular meeting after the annual election each year, and after the newly elected aldermen have qualified, the city council shall proceed to elect from its members a president and a vice-president, who shall hold their respective offices for the municipal year. The president of the council shall, in the absence of the mayor, be the presiding officer of the council, and he shall, during the mayor's absence or temporary disability, be the acting mayor. In the absence of both mayor and president of the council, the vice-president of the council shall be the presiding officer, and shall perform all the duties of the mayor. Meetings. President and vice-president. SEC. 17. Be it further enacted by the authority aforesaid, That the council shall sit with open doors, and shall keep a journal of its proceedings. The yeas and nays shall be taken upon the passage of all ordinances, and for the passage of any ordinance it shall require the affirmative vote of a majority of all the aldermen elect, and any and all propositions to create any liability against the city, or for the expenditure or appropriation of its money, and in all other cases at the request of any member, which shall be entered on the journal of its proceedings, and the concurrence of a majority of all the aldermen elected in the city council shall be necessary to the passage of any such ordinance or proposition; provided, it shall require

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the two-thirds vote of all the aldermen elected to sell any city or school property. No vote of the city council shall be considered or rescinded at a special meeting unless at such special meeting there be present as large a number of aldermen as were present when such vote was taken. City council, proceedings of. SEC. 18. Be it enacted by the authority aforesaid, That any report of a committee of the council shall be deferred for final action thereon to the next regular meeting of the council after the report is made, upon the request of any two aldermen present. SEC. 19. Be it further enacted by the authority aforesaid, That all ordinances shall be read twice, and there shall be at least one week intervene between the first and second reading, and after thus being passed by the city council shall, before they take effect, be deposited in the office of the city clerk for the approval of the mayor; and if the mayor approves thereof he shall sign the same, and such as he shall not approve he shall file with the clerk within five days, with his objections thereto in writing, and his objections thereto shall be considered at the next meeting of the city council. Such veto may extend to any one or more items or appropriations contained in any ordinance making an appropriation, or to the entire ordinance, and in case the veto only extends to a part of such ordinance, the residue thereof thall take effect and be in force. But in case the mayor shall fail to return any ordinance with his objections thereto within five days, he shall be deemed to have approved such ordinance, and the same shall take effect accordingly; provided, however, that upon the return of any ordinance by the mayor, the vote by which the same was passed may be reconsidered by the council, and if after such consideration two-thirds of all the members elected to the city council shall agree by yeas and nays to pass the same, it shall go into effect, notwithstanding the mayor may refuse to approve the same. The vote to pass the same over the mayor's veto shall be taken by yeas and nays and entered on the journal; and provided further, that all ordinances so passed by the council and signed by the mayor, or passed over the mayor's veto, shall be published at least once in the official newspaper of the city, and shall become operative immediately upon such publication. The city clerk shall record in a book kept for that purpose, together with the affidavit of the publisher attached to a printed copy of such ordinance, all such ordinances so passed and published; and said book or certified copy of the ordinance as so recorded shall be received as evidence in all courts and places without further proof, or if printed in book or pamphlet form by the city council, they shall be so received and styled, Be it ordained by the city council. Ordinances, how passed. SEC. 20. Be it further enacted by the authority aforesaid, That

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the city council shall have power to control the finances and property of the corporation; to appropriate money for corporate purposes only to provide for the payment of the debts and expenses of the corporation. Finances and property. SEC. 21. Be it further enacted by the authority aforesaid, That the city council shall have power to levy and collect taxes for general and special purposes on real and personal property; to provide for the levying and collection of a business or occupation tax upon any trade, business, profession, or occupation, except such as are exempt by law, carried on within the city limits, but shall not levy such tax upon day laborers and persons working on a salary only; to fix the amounts, terms and manner of issuing and revoking license of all kinds; to borrow money on the credit of the corporation for corporate purposes only, and issue bonds therefor in such amounts and forms and on such terms and conditions as it shall prescribe, but shall not become indebted in any manner or for any purpose to any amount including existing indebtedness in the aggregate to exceed seven (7) per centum on the value of the taxable property therein, to be acertained by the last assessment for State and county taxes previous to the incurring of such indebtedness, and before or at the time of incurring such indebtedness shall provide for the collection of a direct annual tax sufficient to pay the interest on such debt as it falls due, and also to pay and discharge the principal thereof within thirty years after contracting the same; provided, no bonds shall be issued by the city council under the provisions of this Act, either for general or special purposes, unless at an election after thirty days' notice published in all the newspapers of the city stating the purpose for which such bonds are to be issued and the amount thereof, the legal voters of said city, by a two-thirds vote, shall determine in favor of issuing said bonds. Taxes. Bonds, how issued. SEC. 22. Be it further enacted by the authority aforesaid, That the said city council shall have the power to lay out, establish, open, alter, widen, extend, grade, pave, macadamize, or otherwise improve streets, alleys, avenues, sidewalks, parks and public grounds and vacate the same; to plant trees on same; to regulate the use of same; to provide for the removal and prevention of obstructions and encroachments upon same; to provide for lighting and cleansing of same; to regulate the openings therein for the laying of any gas or water-mains, and the building and repairing of sewers, tunnels and drains, and erecting gas or electric lights. Streets and parks. SEC. 23. Be it further enacted by the authority aforesaid, That the said city council shall further have the power to regulate the use of all sidewalks and all structures thereunder; and to require the owner or occupant of any premises to keep the sidewalks in front

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of, or along the same, free from all obstructions; to regulate and prevent the throwing or depositing of ashes, offal, dirt, garbage or any offensive matter into any street, alley, avenue or public place of the city, or into any stream of water within the city or within one mile of the city, and to prevent any injury of any kind to any street, alley or public ground of the city. Sidewalks. SEC. 24. Be it further enacted by the authority aforesaid, That the city council shall have power to provide for and regulate cross-walks, curbs and gutters; to regulate and prevent the use of streets and public grounds for signs, sign-posts, awnings, telegraph and telephone poles, horse troughs, racks, and posting handbills and advertisements; to regulate and prohibit the carrying of banners, placards, advertisements and handbills in the streets or public grounds of the city. Control of streets. SEC. 25. Be further enacted by the authority aforesaid, That the city council shall have power to regulate traffic and sales upon the streets and public places of the city; to regulate the speed of horses and other animals, vehicles, cars and locomotives within the limits of the corporation; to regulate the numbering of houses and lots; to name and change the name of any street, avenue, alley or other public place; to provide that all male persons over the age of sixteen years and under the age of fifty years shall be subject to work upon the streets and alleys of said city not exceeding two days in each year, or be taxed therefor, as the council may by ordinance determine as a commutation for such duty, not to exceed one dollar for each day's labor so required; provided, that the doing of the work, or the payment of the tax required by the city council in accordance with the provisions of this section, by each and every person so required to work upon the streets or alleys of said city or pay a tax in lieu thereof, shall be a condition precedent to the exercising of the right to vote at any city election held in said city. Control of streets. Streets, how worked. SEC. 26. Be it further enacted by the authority aforesaid, That the city council shall have further power to construct and keep in repair bridges, viaducts and tunnels, and regulate the use thereof; to construct and keep in repair culverts, drains, sewers, catch basins, manholes and cesspools, and to regulate the use thereof; to construct, own, operate and control the general sewerage system or systems of the city, and no such system, systems or part of system shall ever be owned, controlled, managed or operated by any person, firm or corporation except said city. Bridges, etc. Sewerage system. SEC. 27. Be it further enacted by the authority aforesaid, That the city council shall further have power to suppress bawdy or disorderly houses, houses of ill-fame or assignation within the limits of the city; to suppress gaming and gambling houses, lotteries,

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and all fraudulent devices and practices for the purpose of gambling or obtaining money or property, and to prohibit the sale or exhibition of obscene or immoral publications, prints, pictures or illustrations. Ill-fame houses. Gaming. Immoral publications. SEC. 28. Be it further enacted by the authority aforesaid, That the city council shall further have power to license, tax, regulate, suppress and prohibit hawkers, peddlers, pawnbrokers, theatricals and other exhibitions, shows and amusements; to license, regulate, tax or prohibit billiards, bagatelle, pigeon hole, or any other tables or implements kept or used for a similar purpose in any public resort. Peddling, etc. SEC. 29. Be it further enacted by the authority aforesaid, That the city council shall further have power to provide for and change the location, grade and crossing of any railroad; to require railroad companies to fence their respective railroads or any portion of the same, to construct cattle guards, crossings of streets and public roads and viaduct or overhead crossings, and keep the same in repair within the limits of the city; to require railroad companies to keep flagment at railroad crossings of streets, and to provide protection against injury to persons and property; to compel such railroad to raise or lower their railroad tracks to conform to any grade which may at any time be established by said city, and where said tracks run lengthwise of any such street, alley or highway, to keep their railroad tracks on a level with the surface, and so that said tracks may be crossed at any place on such street, alley or highway; to compel and require railroad companies to make and keep open, and keep in repair ditches, drains, sewers and culverts along and under their railroad tracks so that filthy or stagnant pools of water cannot stand on their grounds or right of way, and so that the natural or artificial drainage of adjacent property shall not be impeded. Railroads, regulation of. SEC. 30. Be it further enacted by the authority aforesaid, That the city council shall have power to establish markets and market houses, and to provide for the regulation and use thereof; to provide for place and manner of sale of meats, poultry, fish, butter, cheese, lard, vegetables and all other provisions, and regulate the selling of the same; to regulate the sale of bread in the city, and to prescribe the weight and quality of the bread in the loaf; to provide for, and regulate the inspection of meats, poultry and fish, flour, meal and all other provisions; to regulate the inspection, weighing and measuring of lumber, fire-wood, coal, hay and any article of merchandise; to provide for the inspection and sealing of weights and measures, and to enforce the keeping of proper weights and measures by venders. Market houses.

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SEC. 31. Be it further enacted by the authority aforesaid, That the city council shall have the power to purchase, condemn, hold and improve public parks within or without the limits of the city, and to provide for the improvement, preservation and protection of the same; to appropriate, damage, take and condemn any property of any corporation or person for the purpose of establishing, changing, opening, widening, extending or grading any public street or alley; to prescribe the limits within which wooden buildings shall not be erected, placed or repaired, without permission, and to direct that all and any buildings within said limits (which shall be known as the fire limits), which shall have been damaged by fire, decay or otherwise, to the extent of fifty per cent. of the value, shall be torn down or removed, and to prescribe the manner of ascertaining such damage, and the damage sustained by the owner, by reason of being thus compelled to tear down or remove such building; to prevent dangerous construction and condition of chimneys, fireplaces, hearths, stoves, stovepipes, ovens, boilers and apparatus used in and about any building and manufactory, and to cause the same to be removed or placed in a safe condition when considered dangerous; to regulate and prevent the carrying on of manufactures dangerous in causing and promoting fire; to prevent the deposit of ashes in unsafe places, and to cause all buildings and inclosures as may be in a dangerous state to be put in a safe condition; to erect engine houses and provide fire engines, hose carts, hooks and ladders, and other implements for the prevention and extinguishment of fire, and provide for the use and management of the same by voluntary or paid fire companies or otherwise; provided, that nothing in this section contained shall contravene the general law of the State in reference to the taking or damaging private property for public use. Condemnation for streets and parks. Fire limits. SEC. 32. Be it further enacted by the authority aforesaid, That the city council shall further have the power to provide for the inspection of steam boilers; to regulate and prevent the storage of gunpowder, tar, pitch, rosin, coal oil, benzine, turpentine, hemp, cotton, nitroglycerine, petroleum or any of the products thereof, and other combustibles or explosive materials, and the use of lights in stables, shops and other places, and the building of bonfires; also to regulate and restrain the use of fireworks, firecrackers, torpedoes, roman candles, sky rockets and other pyrotechnic displays. Boilers and explosives. SEC. 33. Be it further enacted by the authority aforesaid, That the city council shall also have power to establish and erect a city jail, house of correction, and workhouse for the confinement and reformation of disorderly persons, vagrants, tramps, idle persons, and persons convicted of violating any city ordinance, and make all

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rules and regulations for the government of the same, and appoint necessary jailors and keepers; to use the county jail for the confinement or punishment of offenders, subject to such conditions as are imposed by law, and with the consent of the proper county authorities, and to regulate the police of the city, and to pass and enforce all necessary police ordinances; to prevent and suppress riots, routs, affrays, noises, disturbances, and disorderly assemblies, in any public or private place; to restrain and punish vagrants, mendicants, and prostitutes, and prohibit the use of profane or indecent language upon the streets or any public places of the city, or the use of such language in the presence of females; to prohibit by ordinance the sale of intoxicating or spirituous liquors, and to provide penalties therefor. Confinement of vagrants and criminals. Police powers. SEC. 34. Be it further enacted by the authority aforesaid, That the city council shall have the power to declare what shall be a nuisance, and to abate the same, and impose fines upon parties who may create, continue or suffer nuisances to exist; to appoint a board of health and prescribe its powers and duties; to erect and establish hospitals and medical dispensaries, and to control and regulate the same; to do all acts, make all regulations which may be necessary or expedient for the promotion of health, morals or temperance of the residents of the city, or the suppression of disease; to establish and regulate cemeteries within or without the corporation, and to acquire loans therefor by purchase, gift or otherwise, and cause the cemetery to be removed and prohibit their establishment within one mile of the corporation; to direct the location of and regulate the management and construction of packing-houses, renderies, bone factories, slaughter houses, soap factories, foundaries, breweries, distilleries, livery stables and blacksmith shops; to prohibit any offensive or unwholesome business or establishment within or within one mile of the limits of the corporation; to compel the owner of any grocery, cellar, stable, pigsty, privy, sewer, or any other unwholesome or nauseous house or place to cleanse, abate or remove the same, and to regulate the location thereof. Nuisances, how abated. Board of health. Factories, location of. SEC. 35. Be it further enacted by the authority aforesaid, That the city council shall have the power to purchase, erect, acquire and own any building or buildings deemed necessary for the use of the residents of the city for public school purposes, and to purchase, acquire and own any ground or grounds upon which to place said school buildings. It shall have authority upon complying with the provisions of section 4 of article 8 (part 1) of the constitution of Georgia to establish and maintain a system of public schools within the city. Said city council is hereby authorized and empowered to levy a tax at not to exceed two (2) per centum per annum on the

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value of the assessable property within said city for the support and maintenance of said school. Public schools. SEC. 36. Be it further enacted by the authority aforesaid, That the city council shall have power to redistrict the city into wards, and describe the boundaries thereof, whenever the population is large enough to require it; provided, however, that such redistricting shall be done by ordinance and the wards made as nearly equal in population as possible; and no change shall be made that will, after such redistricting, leave less than three hundred voters in any ward. New wards. SEC. 37. Be it further enacted by the authority aforesaid, That the city council shall not have the power to grant any person, persons, firm or corporation any right or franchise to purchase, acquire, erect, own, operate, manage or in any manner control any gas or electric light system or part of system, within said city; any telephone or telegraph system or part of system, or to lay down pipes, or string wires in, on or under any street or alley of said city; or to lay down, build, purchase, acquire, hold, own, operate, manage or control any street railway system or part of system within the limits of the city; or to purchase, acquire, hold, operate, manage or control any system or part of system of water-works within said city, or to lay down pipes within the city limits for the carrying of water; but the city shall have power and shall erect, maintain, own, operate and control such gas or electric light system or part of system, telephone, telegraph and street railway system and water-works; but provided, however, that the question of granting any of said franchise to any person, persons, firm or corporation may be submitted by the city council to the qualified voters of said city at a special election to be called for that purpose, which call shall be advertised not less than four weeks in all the newspapers published in the city, and shall contain the terms, conditions and restrictions under which said franchise is proposed to be granted by said council; and if at such special election the proposition so submitted to allow the council to grant such franchise shall receive the sanction of a majority of all the votes cast at such election, then said city council may grant such franchise, but only upon such terms, conditions and restrictions as were submitted to the voters at said election and sanctioned by them; provided further, that no such franchise shall be granted for a period to exceed twenty years; provided further, that the city council shall, at all times, have the power to regulate and prescribe the charges for the use of telephones, gas or electric lights, for the carrying of passengers on any street railway, and for the use of water, within the city. Franchises. SEC. 38. Be it further enacted by the authority aforesaid, That

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the city council is hereby prohibited from granting to any person, persons, firm or corporation the right to sell, barter or give away as a beverage any malt, vinous, spirituous, fermented or other intoxicating liquors within said city or its police jurisdiction, and shall, by ordinance, prescribe suitable fines and penalties for such selling, bartering or giving away of such liquors; provided, however, that nothing in this section shall be so construed as to prohibit licensed druggists from selling such liquors when allowed to do so by the general laws of this State. Liquor, sale of prohibited SEC. 39. Be it further enacted by the authority aforesaid, That the city council shall have power to suppress any room, rooms, house or other place within the limits of the city or its police jurisdiction in which shall be kept by any person, persons, firm or corporation, association or club, any intoxicating liquors to be delivered to any person whether a member of such firm, corporation, club, association or otherwise, in exchange for money, property, services or other thing of value; and no charter incorporating such club, association or corporation shall be held to interfere with the powers hereby granted to the city council. Clubs. SEC. 40. Be it further enacted by the authority aforesaid, That the city council shall have the sale and exclusive power and authority to regulate the sale of spirituous liquors, wines, malt and intoxicating liquors of every kind whatever in said city; to grant license for the sale of the same, and to fix the price for said license; provided, the same shall not be less than $500 per annum; to establish regulations and restrictions for sale of same as they may see proper, and to impose penalties upon persons for selling same without a license. License. SEC. 41. Be it further enacted by the authority aforesaid, That the city council shall have power to grant or sell franchises for railways, electric lights, telephones, gas, water-works, etc., for the space of twenty years, reserving the right to purchase the plant or plants at any time after ten years, the value of same to be decided by a board of arbitrators under the arbitration laws of Georgia. Franchises. SEC. 42. Be it further enacted by the authority aforesaid, That the mayor and aldermen of said city shall enact into law or provide by other means for the immediate payment of a claim due the American Tribune Soldiers' Colony Company for the money expended by said Colony Company upon the clearing up of said city, building streets, sewers and improvements, building schoolhouses, as shown by the books of said Colony Company, not exceeding twenty-three thousand ($23,000) dollars, this payment to be made by an issue of special bonds for the same, being first bonds issued and known as original improvement bonds of the city of Fitzgerald,

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Irwin county, Georgia; the amount of said bonds to be issued to cover above and other expenses to be thirty thousand dollars ($30,000). Said bonds to be issued in conformity with the provisions of the constitution of Georgia relative to municipal bonds. American Tribune Soldiers' Colony Company. SEC. 43. Be it further enacted by the authority aforesaid, That the officers of said city shall be as follows: A mayor, one alderman at large, two aldermen from each ward, a city clerk, a city treasurer, a city assessor, a city attorney, a judge of the police court to be denominated as recorder, a street commissioner, a water commissioner, a chief of police and a city engineer; provided, however, that the city council may by ordinance provide for such other officers as it may deem necessary, and shall by ordinance provide for the manner of their election and appointment. Officers of city. SEC. 44. Be it further enacted by the authority aforesaid, That the following city officers shall be elected by the people, and each shall hold his office for the period of two years, and until his successor shall be elected and qualified: mayor, aldermen, city clerk, city treasurer, city assessor, recorder; provided, however, that the alderman at large shall be elected for one year, and until his successor shall be elected and qualified; but the alderman at large elected at the first election held under this charter shall hold his office until January 1, 1898, and until his successor is elected and qualified; provided further, that all other such officers elected at such first election shall hold their offices until January first, 1899, and until their successors are elected and qualified, except one alderman from each ward who shall hold his office until January first, 1898, and until his successor is elected and qualified. The city council shall at its first meeting determine by lot which alderman from each ward shall hold his office for the long term and which for the short term. How elected. Terms of. SEC. 45. Be it further enacted by the authority aforesaid, That the following offcers shall be elected by the city council: city attorney, street commissioner, water commissioner, and city engineer. The chief of police shall be appointed by the mayor and confirmed by the city council, and may be removed by the city council upon charges preferred by the mayor or any alderman. Unless removed for cause, the chief of police shall hold his office for two years, or until his successor is elected and qualified. All other officers named in this section shall hold their office for two years and until their successors are elected and qualified; provided, however, that the first officers so elected shall hold office until January 1, 1899. SEC. 46. Be it further enacted by the authority aforesaid, That no person shall be eligible to any city office who is not a qualified elector of the city and who shall not have resided therein at least

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twelve months next preceding his election; nor shall any person who is a defaulter to the corporation hold office. And no city officer shall hold any other city office during his term of office. Qualifications of officers. SEC. 47. Be it further enacted by the authority aforesaid, That all officers of the city, whether elected or appointed, shall, before entering upon the duties of their office, take or subscribe to the following oath or affirmation: I do solemnly swear (or affirm) that I will support the constitution of the United States and of the State of Georgia, and that I will faithfully discharge the duties of the office ofaccording to the best of my ability, so help me God, which oath or affirmation so subscribed shall be filed in the office of the city clerk; and all such officers, except aldermen, shall, before entering upon the discharge of the duties of their office, execute a bond, with security to be approved by the city council, payable to the city, in such sum as the council may direct, conditioned for the faithful performance of the duties of his office, and the payment into the city treasury, or elsewhere as directed by law, of all moneys received by such officer. Qath of officers, Bonds of SEC. 48. Be it further enacted by the authority aforesaid, That the city clerk shall keep his office at the place of meeting of the city council or at some other convenient place to be designated by the council. He shall keep the corporate seal and all papers and records of the city appertaining to his office at such office; copies of all papers filed in his office, and transcripts from all records of the city council certified by him under the corporate seal shall be evidence in all courts as if the original were produced. He shall report annually on or before the first day in January of each year to the city council an estimate of the expenses of the city, and likewise the revenue necessary to be raised for the current year. In addition to the duties herein specified, he shall perform such other duties as are usually incident to his office or may by ordinance be prescribed. The city clerk shall be a practical bookkeeper. Clerk, duties of. SEC. 49. Be it further enacted by the authority aforesaid, That the city attorney shall perform all the professional services incident to his office, and when required shall furnish an opinion upon any subject submitted to him by the city council or its committees. City-attorney, duties of. SEC. 50. Be it further enacted by the authority aforesaid, That the city treasurer shall receive all moneys belonging to the city, including all taxes, licenses, moneys and fines, and collect all special assessments as provided by ordinance, and keep accurate and detailed account thereof in such manner as the city council may direct. He shall have a settlement with the city clerk at the end of every month and turn all warrants, interest coupons, bonds or other evidences of indebtedness of the city which may have been redeemed

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by him during the month, taking the receipt of the clerk therefor, and all such warrants, orders and other evidences of indebtedness shall be cancelled by him, and have written or stamped thereon the date of their redemption or payment. Treasurer, duties of. SEC. 51. Be it further enacted by the authority aforesaid, That unless otherwise ordered by the council, no moneys shall be paid out by the treasurer, except upon the warrant of the mayor countersigned by the clerk, except bonds and interest coupons, which, when due, must be paid upon presentation, or in case the same are payable at some other place than the city, then the money for their redemption shall be sent to the place where they are payable in time to meet such payment when due. Treasury warrants. SEC. 52. Be it further enacted by the authority aforesaid, That no warrant shall be drawn upon the city treasury unless at such time there are funds in the treasury to pay the same. SEC. 53. Be it further enacted by the authority aforesaid, That the treasurer shall keep a separate account of each fund or appropriation and the debts and credits belonging thereto. He shall give every person paying money into the city treasury a duplicate receipt therefor, specifying the date of payment and upon what account paid, and he shall also file copies of such receipts with the clerk at the date of his monthly report. Accounts, how kept SEC. 54. Be it further enacted by the authority aforesaid, That the treasurer shall keep all moneys in his hands belonging to the city separate and distinct from his own money, and he is expressly prohibited from using directly or indirectly the corporation money in his custody, and keeping for his own use and benefit, or that of any other person or persons whomsoever; and for any violation of this provision shall subject him to immediate removal from office by the mayor and city council, and upon conviction thereof they are hereby authorized to declare such office vacant, and the city council shall appoint a successor for the term unexpired of the officer so removed. Money, how kept. SEC. 55. Be it further enacted by the authority aforesaid, That the treasurer shall report to the city council at such time as may be prescribed by ordinance, giving a full and detailed account of all receipts and expenditures since his last report, and the state of the treasury. He shall also keep a register of all warrants redeemed and paid during the year, describing such warrants, their date, amount, number and the fund from which paid and person to whom paid, specifying also the time of payment; and all such warrants shall be examined by the finance committee of the council at the time of making such report. Reports of treasurer. SEC. 56. Be it further enacted by the authority aforesaid, That

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all moneys received on any special assessment shall be held by the treasurer as a special fund to be applied to the payment of the improvement for which the assessment was made; and said money shall be used for no other purpose whatever. Assessments. SEC. 57. Be it further enacted by the authority aforesaid, That the city council shall, by ordinance, fix and determine the amount of the salaries and compensation of all city officials, and the time the same shall be paid; provided, however, that the salary of an alderman shall not exceed one dollar per annum. Salaries. SEC. 58. Be it further enacted by the authority aforesaid, That the city assessor shall perform all the duties in relation to the assessing of property for the purpose of levying all city taxes. Upon the completion of the assessment roll he shall return the same to the city clerk, who shall lay the same before the board of review or equalization at their regular meeting. Said assessment roll shall be open to the inspection of all persons interested until the meeting of the board of review. The assessor shall return his assessment roll on or before the second Tuesday in March of each year. Assessor. SEC. 59. Be it further enacted by the authority aforesaid, That the board of equalization shall be composed of the city council and the city clerk, and shall meet on the second Tuesday of April in each year. The city clerk shall act as clerk of said board, and keep an accurate record of all changes made in the valuation of property, and of all other proceedings. They may adjourn from day to day until their work is completed, and a majority of the whole board shall constitute a quorum to transact business. If no quorum is present the clerk may adjourn from day to day and publicly announce the time to which the meeting is adjourned. Board of Equalization. SEC. 60. Be it further enacted by the authority aforesaid, That the board of equalization shall meet at the time fixed in this Act at the usual place of meeting of the city council, and shall at once proceed to equalize and correct the said assessment roll. They may change the valuation and assessment of any real or personal property upon the roll by increasing or diminishing the assessed valuation thereof, as shall be reasonable and just to render taxation uniform; provided, that the valuation of any property as returned by the assessor shall not be increased more than twenty-five per cent. without first giving the owner or his agent notice of the intention of the board to so increase it; such notice shall be by personal notice served upon the owner or agent, or by leaving a copy at his place of business or last place of residence, and shall state the time when the board will be in session to act upon the matter. Duties of. SEC. 61. Be it further enacted by the authority aforesaid, That the board of equalization must place upon and add to the assessment

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roll any property subject to taxation which has been omitted therefrom by the owner or the assessor, and enter the same at a valuation so that it will bear an equal and just proportion of taxation. During the session of said board any person, or his attorney or agent, feeling aggrieved by anything in the assessment roll, may apply to the board for the correction of alleged errors in the listing or valuation of his property, and the board may correct or change the same as they may deem just; or if the board have reason to believe that any person has failed to return to the assessor all personal property required by law to be returned, or if any person refuse to swear to the return so made, the board shall notify the person refuse to swear to the return so made, the board shall notify the person who has so failed to make return, or refused to swear to the return, in the same manner as prescribed in section 60, and may examine each person on oath in regard to such property, or if he refuse to appear, they may fix such valuation.at a sum which they shall deem just. SEC. 62. Be it further enacted by the authority aforesaid, That the city council at its first regular meeting in February, within ten days thereafter, levy a tax for general purposes sufficient to meet the expenses of the year, based upon estimates furnished by the city clerk or a committee of the city council, and in addition thereto a levy for the interest and sinking fund as required by this Act. This levy shall be made in the form of a certain number of mills on the dollar of valuation. The city council shall provide by ordinance for collection of taxes twice a year, one-half each six months. Each member of the board of equalization shall receive for his services two dollars per day for each day that the board is actually in session. Tax. SEC. 63. Be it further enacted by the authority aforesaid, That the recorder shall have attained the age of twenty-five years. He shall receive such salary as the city council may by ordinance provide; provided, however, that for his services as a committing magistrate under the laws of the State he shall be entitled to such fees as are allowed by the laws of the State to justices of the peaee for like services. He shall have exclusive jurisdiction, and it shall be his duty to hear, try and determine all offenses against the ordinances of the city; provided, that all fines, penalties and forfeitures for the violation of any city ordinance shall, when collected, be paid by the officer receiving the same into the city treasury. Recorder SEC. 64. Be it further enacted by the authority aforesaid, That whenever complaint shall be made to the recorder upon oath or affirmation of any person competent to testify against the accused that an offense has been committed, of which the recorder has jurisdiction, such recorder shall forthwith issue a warrant for the arrest of the offender, which warrant shall be served by the chief of police

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or by some person specially appointed by said recorder for such purpose, or may be served by the sheriff or any other constable of the county. Accusations. SEC. 65. Be it further enacted by the authority aforesaid, That when any person shall be brought before the recorder it shall be his duty to hear and determine the complaint alleged against the defendant. Upon good cause such recorder may postpone the trial of the case to a day certain, in which case he shall require the defendant to enter into a bond with sufficient security conditioned that he will appear before the recorder at the time and place appointed and then and there answer the complaint against him. Trials. SEC. 66. Be it further enacted by the authority aforesaid, That it shall be the duty of the recorder to summon all persons whose testimony may be deemed material as witnesses on the trial, and enforce their attendance by attachment if necessary; and when a trial shall be continued by the recorder he may verbally notify such witnesses as may be present in court to attend before him to testify in the cause set for trial, and such verbal notice shall be valid as a summons. Witnesses. SEC. 67. Be it further enacted by the authority aforesaid, That all preliminary hearings before the said recorder for offences arising under the laws of this State shall be governed by the criminal procedure applicable to justice's courts in like cases Preliminary hearings. SEC. 68. Be it further enacted by the authority aforesaid, That in all trials for offenses under the ordinances of said city, if the defendant is found guilty said recorder shall render judgment accordingly. It shall be a part of the judgment that the defendant stand committed until such judgment be complied with, in no case to exceed one day for every one dollar of fine and costs assessed against the defendant, and no fine shall exceed one hundred dollars together with costs. Penalties. SEC. 69. Be it further enacted by the authority aforesaid, That said recorder shall be conservator of the peace, and his court shall be open every day except Sunday, and he shall have power to bring parties forthwith before him for trial, and no act shall be performed by him on Sunday, except to receive complaints, issue process and take bail. Recorder's court. SEC. 70. Be it further enacted by the authority aforesaid, That all cases under the city ordinances shall be tried by the recorder without the intervention of a jury. The writ of certiorari lies for the correction of errors committed by the recorder. The procedure in all cases for obtaining the writ of certiorari shall be the same as set forth in section 763, 764, 765, 766 and 767 of volume three of the Code of Georgia, 1895. Jury. Certiorari.

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SEC. 71. Be it further enacted by the authority aforesaid, That all actions arising in the recorder's court under the city ordinances shall be prosecuted by the city attorney, except that said attorney shall not be required to be present when there is no defense interposed. In cases when such defense to the complaint is made by defendant the city attorney shall represent the city in all courts. City-attorney must prosecute. SEC. 72. Be it further enacted by the authority aforesaid, That the recorder shall have authority and it shall be his duty to commit or require bail of any person when upon the trial for the violation of any of the ordinances it appears that the State law has been violated. Commitments. SEC. 73. Be it further enacted by the authority aforesaid, That in cases of vacancy of the office of recorder by death, resignation or otherwise, the city council shall elect a successor to fill such vacancy until the next annual election, or until his successor is elected and qualified. In case of temporary absence, interest, or disability to perform his duties, it shall be the duty of the justice of the peace or notary public and ex officio justice of the peace of the district in which said city is located to act as recorder during such temporary vacancy or disability. It shall be the duty of the city attorney to notify said justice of the peace or notary public when he is desired to act as aforesaid. Vacancy in office of recorder. SEC. 74. Be it further enacted by the authority aforesaid, That the recorder shall have power to enforce due obedience to all orders, rules, judgments and decrees made by him, and he may fine or imprison for contempt offered to him or his court while holding court, or process issued or orders made by him, in the same manner and to the same extent as provided for in justice's courts. The recorder shall be in attendance at his office at such reasonable hours as the city council may prescribe, and complaints may be made to and writs and processes issued by him at all times in court or otherwise. In all cases not herein specially provided for, the process and proceedings in said court shall be governed by such rules and regulations as may be prescribed by council. Contempt. SEC. 75. Be it further enacted by the authority aforesaid, That all actions brought to recover any fine or to enforce any penalty under any ordinance of the city shall be brought in the corporate name of the city as plaintiff. All fines and forfeitures for the violation of ordinances, when collected, and all moneys collected for license or otherwise shall be paid into the treasury of the city at such times and in such manner as may be prescribed by ordinance. Fines and forfeitures. SEC. 76. Be it further enacted by the authority aforesaid, That any person upon whom any fine or penalty shall be imposed may, upon the order of the court before whom the conviction is had, be

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committed to the county jail, city prison, workhouse, house of correction or other place provided by the city for the incarceration of offenders until such fine, penalty and costs shall be fully paid. The city council shall have power to provide by ordinance that every male person over eighteen years of age when so committed shall be required in default of payment of fine to work for the corporation at such labor as his strength will permit, not exceeding ten hours each working day. SEC. 77. Be it further enacted by the authority aforesaid, That the city engineer shall be a practical engineer and surveyor. He shall keep his office in some convenient place in the city, and the city council shall be ordinance prescribe his duties and fix his compensation for services performed for the city. All surveys, profiles, plans or estimates made by him for the city shall be the property of the city, and shall be carefully preserved in the office of the engineer, and shall be open to the inspection of all persons interested; and the same, together with all books and papers appertaining to said office, shall be delivered over by the engineer at the expiration of his term of office to his successor or to the city council. City engineer. SEC. 78. Be it further enacted by the authority aforesaid, That the chief of police and police shall perform such duties as are prescribed by this charter and by rules and ordinances of the council, and shall preserve the peace and good order of said city, according to the laws of said State and the ordinances of said city, and all warrants and processes shall be directed to them and to the sheriff and constables of said county. Chief of police and police. SEC. 79. Be it further enacted by the authority aforesaid, That the fiscal year of the city shall commence on the first day of January of each year. The city council shall at their first regular meeting in January of each year, or within ten days thereafter, pass an ordinance, to be termed the annual appropriation bill, in which the council may appropriate such sum or sums of money as may be deemed necessary to defray all necessary expenses and liabilities of the city; and in such ordinance shall specify the objects or purposes for which such appropriations are made, and the amount appropriated for each object or purpose. No further appropriation shall be made within such fiscal year unless the proposition to make such appropriation has been first sanctioned by a majority of the legal voters of the city, either by a petition signed by them or at an election duly called for that purpose. Fiscal year. Annual appropriations. SEC. 80. Be it further enacted by the authority aforesaid, That neither the city council nor any department or officer of the city shall add to the corporation expenditures in any one year anything over and above the amount provided for in the annual appropriation

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bill of that year, except as is herein otherwise especially provided; and no expenditure for any improvement to be paid for out of the general fund of the city shall exceed in any one year the amount provided for such improvement in the annual appropriation bill; provided, however, that nothing herein contained shall prevent the city council from ordering, by a two-thirds vote, any improvement, the necessity of which is caused by any casualty or accident happening after such annual appropriation was made. The city council may order the mayor and finance committee to borrow a sufficient amount to provide for the necessary expenses to be incurred in making any improvements the necessity of which has arisen as is last above mentioned for a space of time not exceeding the close of the next fiscal year, which sum and interest shall be added to the amount authorized to be raised in the next general tax levy and embraced therein. Should any judgment be obtained against the city the mayor and finance committee, under sanction of the city council, may borrow a sufficient amount to pay the same for a space of time not exceeding the close of the fiscal year, which sum and interest shall in like manner be added to the amount authorized to be raised in the general tax levy of the next year and embraced therein. Special appropriations. SEC. 81. Be it further enacted by the authority aforesaid, That no contract shall be made by the city council and no expense shall be incurred by any officer of the city, whether the object of the expenditures shall have been ordered by the city council or not, unless an appropriation shall have been previously made concerning such expense, except as herein otherwise expressly provided. Debt. SEC. 82. Be it further enacted by the authority aforesaid, That the following named residents of said city are hereby appointed to act as election managers within their respective wards, at the first election held under this charter, to wit: First ward: J. M. Glenn, J. G. Knapp and E. S. Child. Second ward: Sidney Miller, M. H. Plopper and A. A. Harvey. Third ward: T. W. Hayde, Jonathan Peiper and John B. Stevens. Fourth ward: D. C. Welch, D. B. Jay and S. Emmons. Should any of said persons so designated fail or refuse to qualify and serve, the remaining manager or managers shall appoint from the freeholders of said ward a person or persons to fill the vacancy. Said managers shall appoint for their respective wards from the qualified voters thereof two persons to act as clerks of said election. The said election managers are hereby authorized and required to call an election for city officers, said election to be held at a date to be designated by them in such notice, not less than two weeks, nor more than four weeks after the adoption of this charter by the General Assembly. Such

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notice shall be advertised at least once in all the newspapers published in the city, and shall designate the time of holding said election, the place of voting in each ward, the hour of opening and closing the polls; provided, that the polls shall be opened at eight o'clock in the forenoon and close at five o'clock in the afternoon, and shall not be closed for any purpose during said time. Such election notice shall be signed by all the election managers. Election managers. SEC. 83. Be it furthern enacted by the authority aforesaid, That before entering upon the discharge of their duties the said election managers shall take and subscribe the following oath: I do solemnly swear that I will perform the duties of election manager to the best of my ability; that I will not knowingly allow any person to vote not entitled to do so under the charter of the city of Fitzgerald, so help me God. Which oath may be taken before any officer authorized by law to administer oaths. The election managers and clerks shall each receive the sum of two dollars, to be paid to them out of the city treasury. Oath. SEC. 84. Be it further enacted by the authority aforesaid, That at said first city election the election managers for each ward shall make out the returns for their respective wards. The whole board of managers named in section eighty shall meet within forty-eight hours after the said ward election managers have made out the returns for their respective wards, and shall canvass the returns from all the wards and declare the result of said election in all the wards, and for the whole city. Said managers shall sign and make oath to a statement showing in detail the total number of votes cast for each candidate voted for at such election, which statement, after being signed and sworn to as herein provided, shall be kept by the person elected as chairman of the board of election managers and such chairman shall deliver the same to the city clerk elected at such election within twenty-four hours after such clerk has qualified and entered upon the duties of his office. Said city clerk shall at once enter the said statement in full upon the journal of the city council. Election returns. SEC. 85. Be it further enacted by the authority aforesaid, That for the purpose of registration of the voters of the city for the first election Fred J. Clark is hereby appointed registrar. Said registrar shall open books for the registration of voters twelve days before the said first city election, and said books shall remain open for such purpose for ten days, at which time they shall be closed and no person shall be allowed to register after the books have so closed. The books shall at all times be open to the inspection of any legal voter of the city, who has already caused his name to be entered on such registration list. A separate registration list shall

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be kept for each ward, and on the day of election, at the time of opening the polls, the said registrar shall cause to be delivered to the election managers for each ward the list of voters so registered for such ward. Such registration list shall be preserved and delivered to the city clerk when qualified by the chairman of the board of election managers. Registration of voters. SEC. 86. Be it further enacted by the authority aforesaid, That before entering upon the duties of his office the said registrar shall take and subscribe the oath required by this charter of city officers. The registrar shall be allowed the sum of one dollar per day for attending to the registering of the voters as provided in section forty-seven. Registrar. SEC. 87. Be it further enacted, That no person shall be registered for said election until he shall have taken and subscribed the following oath: I, , do solemnly swear that I am a citizen of the United States; that I have resided in the State of Georgia one year, in Irwin county six months, in the city of Fitzgerald sixty days and in the ward thirty days next preceding the election to be held for said city on the day of , 1896. I have paid all taxes which have been required of me by the laws of this State since the adoption of the constitution of the State. Which affidavit shall be preserved by the said registrar until the election and qualification of a city clerk at such election, when the same shall be delivered to said city clerk. Registration oath. SEC. 88. Be it further enacted by the authority aforesaid, That there shall be an annual election for electing officers herein provided, held on the third Tuesday of December of each and every year, at such place or places in each ward as the city council shall designate; and the polls shall be kept open continually from nine o'clock in the forenoon until four o'clock in the afternoon and no longer, and ten days' previous notice shall be given by the said council of the time and place of holding such election, by publication in at least two of the newspapers published in said city, if two shall be published therein, one of which shall be the paper in which the official notices of the city are published. Election, when and how held. SEC. 89. Be it further enacted, That each ward shall constitute an election district; but whenever the number of legal votes in any ward shall exceed five hundred, the council may be ordinance divide such ward into two or more precincts for voting purposes. Election district. SEC. 90. Be it further enacted by the authority aforesaid, That every legal voter of Irwin county, who shall have been a bona fide resident of the city sixty days next preceding a city election, is declared a citizen of said city and shall be entitled to vote at all city elections; provided, that the city council shall provide for the registration

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of all voters at all city or school elections, and no person shall be entitled to vote who shall not previously have registered in accordance with the provisions of the city council, and no person shall be allowed to vote in any other place than the ward or precinct in which he has resided for thirty days next preceding such election. Qualified voters. SEC. 91. Be it further enacted by the authority aforesaid, That the manner of conducting elections and voting at same, to be held under this charter, the keeping the poll list and the canvassing the votes, shall be near as possible as in the case of county elections under the general laws of the State. Two clerks of elections shall be appointed before the opening of the polls by the board of election managers for each ward or precinct, and such clerks shall keep duplicate lists of all persons voting at the election within their ward or precinct. The managers and clerks of elections shall take and subscribe on oath as required by the general laws of the State, which oath shall be filed with the election returns. No electioneering shall be allowed within one hundred feet of the polling place, and the managers of elections are hereby authorized and empowered to cause the arrest of any person violating this provision. Any person so arrested shall, if found guilty of violating this provision, be punished as the city council may be ordinance prescribe. After the closing of the polls the ballots shall be counted and the returns made out and returned under seal to the city clerk within one day after the election; and thereupon the city council shall immediately convene and shall examine and canvass the said returns, declare the result of the election and cause a statement in detail to be entered upon its journals. Elections, how held. SEC. 92. Be it further enacted by the authority aforesaid, That the city council shall at its regular meeting next preceding the annual election appoint three managers for each precinct or voting place who shall act as managers of elections for such precinct or voting place; provided, that no candidate for office at such election shall act as manager or clerk; provided further, that all persons appointed as election managers or clerks shall reside within the ward or precinct for which they are appointed. Managers, how appointed. SEC. 93. Be it further enacted by the authority aforesaid, That the person receiving the highest number of votes cast for any office shall be declared elected. In case of a tie in the election of any officer, it shall be determined by lot in the presence of a majority of the city council in such manner as they shall direct, which candidate or candidates shall hold the office. SEC. 94. Be it further enacted by the authority aforesaid, That it shall be the duty of the city clerk within two days after the result

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of the election is declared or appointment made to notify in writing all persons elected or appointed to office, of their election or appointment, and unless such persons shall qualify within ten days after such notice the office shall become vacant. SEC. 95. Be it further enacted by the authority aforesaid, That if there is a failure to elect any officer herein required to be elected, or the person elected should fail to qualify, the city council shall forthwith order a new election therefor. And in all cases necessary for the purpose of this Act may call special elections, appoint managers therefor, canvass the returns thereof and provide by ordinance the mode of conducting the same, and shall give notice of such special election, in which shall be stated the question to be voted upon, and cause such notices to be published in the same manner as is required in the case of regular annual elections in the city. Special elections. SEC. 96. Be it further enacted by the authority aforesaid, That the term of every officer elected under this Act shall commence on the first Monday in January in the year for which he is elected, except the officers elected at the first election held under this Act. SEC. 97. Be it further enacted by the authority aforesaid, That any officer moving from the city or ward for which he is elected, or any officer who shall refuse or neglect for ten days after notice of his election or appointment, to enter upon the discharge of the duties of his office shall be deemed to have vacated his office, and the city council shall proceed to fill the vacancy as herein prescribed. Removal vacates office. SEC. 98. Be it further enacted by the authority aforesaid, That when by this Act the power is conferred upon the city council to do and perform any act or thing, and the manner of exercising the same is not specifically pointed out, the city council may provide by ordinance the details necessary for the full exercise of such power. SEC. 99. Be it further enacted by the authority aforesaid, That the duties, powers and privileges of all officers of any character in any manner connected with the city government not herein defined, and the defining by this Act of the duties of the city officers, shall not preclude the city council from defining by ordinance further and additionel duties to be performed by any such officer. SEC. 100. Be it further enacted by the authority aforesaid, That all fines, penalties and forfeitures collected for offenses against the ordinances of the city or the provisions of this charter shall be paid to the officer or officers entitled by law to receive them. Fees of officers. SEC. 101. Be it further enacted by the authority aforesaid, That any officer of the city or member of the city council who shall, by himself or agent, become a party to, or in any way interested in, any contract work or letting under the authority of the city, or who

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shall either directly or indirectly by himself or other party, accept or receive any valuable consideration or promise, shall be fined in a sum not to exceed one thousand dollars, one half of which shall go to the informer and the balance to be paid into the city treasury by the officer collecting or receiving the same, and the said contract shall be null and void. Officers must not contract for public work. SEC. 102. Be it further enacted by the authority aforesaid, That whenever the city council shall order the paving of any streets or part of streets the cost of said paving shall be paid as follows: Two-thirds by the abutting property owners, to be fixed and determined upon the basis of the number of abutting feet held by each and every property owner on such street or part of street, and not ad valorem, and the remaining one-third out of the general fund in the treasury of the city. The city council may provide by ordinance for the levying and collecting from the abutting property owners their proportionate part of the cost of paving any street or part of street so ordered to be paved. Street improvements, assessments for. SEC. 103. Be it further enacted by the authority aforesaid, That four of the sections of this charter, as appears in this Act, being sections numbered 37 and 41, and relating to the city franchises, and sections numbered 38 and 40, relating to prohibition or regulation of the liquor traffic, shall none of them become a part of this charter except as hereinafter provided, to wit: Within thirty days after the election and qualification of the first city council of said city, said city council shall call a special election of the qualified voters of the city to vote upon the question of which of said sections on each proposition shall be added to this charter and become a part thereof. The city council shall cause to be published once in the official newspaper of the city the notice of said election, stating the time and places of holding such election, and attached to said notice shall publish the four sections, together with instructions as to the form of ballots to be used at such election. Said election shall be held under the provisions of this charter governing city elections. At such election the following form of ballot and none other shall be used: Franchises and liquor traffic. To be added to city charter? For prohibition? Against prohibition? (Erase one.) Shall the city council be empowered to grant franchises for water-works, telephones, telegraphs, street railways, gas and electric lights without first submitting the matter to a vote of the qualified electors of the city? Yes. No. (Erase one.) Voters desiring to vote for prohibition shall erase the words

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against prohibition, and voters desiring to vote against prohibition shall erase the words for prohibition. Those voters desiring to vote to empower the city council to grant franchises shall erase the word no, and those voters who desire that the voters shall be consulted on the matter of granting the city franchises shall erase the word yes. SEC. 104. Be it further enacted by the authority aforesaid, That the result of said election shall be spread on the journal of the city council, and also a copy of the sections of the charter voted on and adopted at such election, and a copy of said section or sections so adopted certified to by the clerk of the city council, under the seal of the city, shall be received as evidence of its contents in any of the courts of this State. SEC. 105. Be it further enacted by the authority aforesaid, That all laws or parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved December 2, 1896. FORT GAINES, DISPENSARY FOR. No. 112. An Act to establish, maintain and regulate a dispensary in the town of Fort Gaines, Clay county, Georgia, for the sale of ardent spirits, malt liquors, wines, cider, and other intoxicants, and to establish and perpetuate a board of commissioners for the management of said dispensary, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act, that J. E Paullin, J. E. Peterson, J. L. Ward, W. J. Greene, and A. W. Holly, be, and the same are, hereby constituted a body corporate, under the name and style of Dispensary Commissioners of Fort Gaines, Ga., for the purpose of establishing and maintaining a dispensary in said town, for the sale of ardent spirits, malt liquors, wines, cider, and other intoxicants. Said commissioners shall have power to perpetuate the board by filling all vacancies that may occur, by a majority vote of the remaining commissioners; to elect from their number a chairman, a secretary, and a treasurer, requiring good and sufficient bonds from the secretary and treasurer, to be approved by the board. Said board of commissioners shall have power to sue and be sued, plead and be impleaded, in all courts of

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this State. The dispensary commissioners provided for in this Act, before entering upon the discharge of their duties as such, shall take and subscribe, before some qualified officer, an oath that they will faithfully and honestly discharge all the duties imposed upon them by this Act. Dispensary commissioners. SEC. 2. Be it further enacted, That the dispensary commissioners provided for in this Act may maintain, at some convenient point in the town of Fort Gaines, within the fire limits, a dispensary for the sale of ardent spirits, malt liquors, wines, ciders, and other intoxicants. They shall, on the day after their qualification and organization, and annually thereafter, elect a man who shall be of good moral character and sober habits, to be known as the dispensary manager, who shall have charge and control of said dispensary, under their supervision. Said manager shall be chosen for the term of one year, but shall be removable at any time by said commissioners for neglect of duty or violation of any law, and said commissioners shall fill his place at once. Said dispensary manager shall be required to take and subscribe an oath that he will faithfully and honestly discharge the duties required of him by this Act. Said dispensary manager shall also be required to give bond, with good security to be approved by the board of commissioners, in such sum as the board may determine, conditioned to faithfully account for all goods and moneys that may come into his hands as such manager, and for the faithful performance of all duties required of him by this Act, and by such rules and regulations as the board of commissioners may enact. He shall receive such salary as the board of commissioners may fix, and his compensation shall not be dependent upon the amount of his sales. Manager of dispensary. Duties of. SEC. 3. Be it further enacted, That said manager shall, under the direction of said dispensary commissioners, at all times keep under the supervision of said commissioners a stock of ardent spirits, malt liquors, wines, cider and other intoxicants, in such quantities as said commissioners may direct. All bills incurred for the maintenance and operation of said dispensary, from time to time, shall be paid by the treasurer upon presentation when approved by a majority of said commissioners. Said manager shall sell only for cash, and shall turn over all moneys received by him, to the secretary of the board each day, who shall keep an account of the same, and who shall turn over to the treasurer of the board of commissioners at the expiration of each week, taking said treasurer's receipt for the same. Dispensary, how conducted. SEC. 4. Be it further enacted, That said dispensary commissioners shall make from time to time rules and regulations for the operation of said dispensary, not in conflict with the provisions of this Act.

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The quantity of liquor to be sold to any one purchaser at one time shall not exceed four gallons, and in no event shall liquors be furnished in quantities less than half pints, and none shall be drunk in the building or on the premises where said dispensary is located. Said dispensary shall not be opened before sunrise and be closed each day before sunset, and shall remain closed on Sundays, election days, and such other days as the commissioners may direct. Said manager shall be bound by all the laws of this State regulating the sale of liquor, and all the regulations of said board of commissioners not in conflict with the laws of this State. Regulations. SEC. 5. Be it further enacted, That the manager of said dispensary shall sell to no person or persons any of said ardent spirits, malt liquors, wines, cider or other intoxicant except in sealed packages, and he shall not keep any broken packages in said dispensary, and whenever an original package is broken it shall be at once bottled and sealed. Said manager shall make a monthly report to said commissioners, showing the amount of sales for the preceding month and stock on hand on the last day of said month. Said commissioners may cause an inspection and an analysis of the stock on hand from time to time, by a competent chemistthe expense of which to be paid out of any funds in the hands of the treasurer. Sealed packages. SEC. 6. Be it further enacted, That said manager shall not allow any person or persons to loiter in or about said dispensary, or the premises on which it is situated, and for failure to enforce this section said manager shall be removed from office; and any person or persons refusing to leave said dispensary or the premises on which it is situated, or to comply with any other provision of this Act or the ordinances passed by the mayor and council of said city of Fort Gaines, shall, upon conviction thereof in the mayor's court of said town, be punished as prescribed by the ordinances of said town. Loiterers. SEC. 7. Be it further enacted, That the mayor and council of said town shall have power and authority to pass all ordinances to carry out the purposes of this Act, and provide suitable penalties for violations of any provisions. SEC. 8. Be it further enacted, That said dispensary shall be maintained and operated from the profits arising from the sales of said ardent spirits, malt liquors, wines and other intoxicants; provided, that to inaugurate said dispensary and purchase the first stock, said board of commissioners are hereby authorized to borrow money or pledge the credit of the board, said obligation to be paid out of first profits realized from said dispensary. Business of. SEC. 9. Be it further enacted, That said board of commissioners shall appropriate a sufficiency of the net profits of said dispensary

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not to exceed fifty per cent. thereof, to maintain the Fort Gaines academy and the colored academy in said town for ten months in each year, the full terms of which schools shall be free to any child in Clay county within the school age, and the remainder of said profits shall be used in payment of the interest on the bonded indebtedness of said town of Fort Gaines; to provide a fund for the redemption of said bonds; to keep in repair the bridge across the Chattahoochee river in the corporate limits of said town; to keep in repair the water-works in said town; and to provide a sinking fund with which to erect better school buildings when required. Profits, how applied. SEC. 10. Be it further enacted, That the dispensary commissioners provided for in this Act shall receive as such commissioners a salary of twenty-five dollars each per annum, and the secretary and treasurer shall be paid each twenty-five dollars per annum additional, said salaries to be paid out of the net proceeds of the dispensary. Salaries. SEC. 11. Be it further enacted, That said board of commissioners shall have full power and authority at any time they deem it for the best interest of said town of Fort Gaines, to suspend or discontinue said dispensary by closing out all stock on hand. SEC. 12. Be it further enacted, That on and after the passage of this Act the city council of Fort Gaines is hereby prohibited from issuing, granting or renewing any license for the sale of ardent spirits, malt liquors, wines, cider and other intoxicants within the corporate limits of said town of Fort Gaines, provided, nevertheless, that should the dispensary commissioners at any time determine to permanently discontinue the dispensary as authorized in the 11th section, then the city council of Fort Gaines are hereby authorized to resume the control of the liquor traffic in said town. License. SEC. 13. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved December 23, 1896.

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HOMERVILLE, TOWN OF, NEW CHARTER FOR. No. 114. An Act to repeal an Act incorporating the town of Homerville in the county of Clinch approved February 15th, 1869, and the several Acts amendatory thereof, and to provide a new charter for said town, and for the election of a mayor and councilmen, to prescribe their powers and duties, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act, an Act approved February 15th, 1869, incorporating the town of Homerville, in the county of Clinch in said State, and the several Acts amendatory thereof, be, and the same are, hereby repealed, and that in lieu thereof the following shall be the charter for and of said town of Homerville. Old charter. SEC. 2. Be it further enacted, That the municipal government of the town of Homerville, in the county of Clinch, shall be vested in a mayor and four councilmen, who are hereby constituted a body corporate under the name and style of the mayor and council of the town of Homerville, and by that name and style shall have perpetual succession, and shall in said name be capable to sue and be sued, plead and be impleaded in any court of law or equity in this State; shall have power to purchase, lease, hold, receive, enjoy, possess and retain to them and their successors, for the use and benefit of said town, any estate or estates, real or personal, of whatever kind or name within the limits of said town, and to sell, alien, exchange, lease or convey the same or any part thereof, and to do all other acts relating to their corporate capacity consistent with the Constitution and laws of said State. Homerville, town of incorporated. SEC. 3. Be it further enacted, That the corporate limits of said town of Homerville shall extend three-fourths of a mile in every direction from the court-house in said town. Corporate limits. SEC. 4. Be it further enacted, That an election shall be held on the first Tuesday in January, 1897, and annually thereafter at the court-house in said town for a mayor and four councilmen to serve for one year and until their successors are elected and qualified, and the polls of said election shall be opened at nine o'clock in the forenoon and close at two in the afternoon; said election shall be held under the superintendence of the justice of the peace or notary public of the militia district in which said town is situated, or either of them together, with two freeholders of said

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town to be chosen by the justice or notary so superintending; and each of said managers, before entering upon his duties, shall take an oath or affirmation before some justice or notary that he will faithfully and impartially conduct said election and prevent all illegal voting to the best of his skill and power, and in case the said managers of said election shall have any reasonable doubts as to the qualifications of any voter they shall have power to administer the following oath: You, `A. B.', do solemnly swear that you have attained the age of twenty-one years, that you are a citizen of the United States and have resided for the last thirty days within the limits of said corporation and have paid all taxes legally imposed and demanded of you by the council or its authority, so help you God. And any person who shall take either of said oaths falsely shall be liable to indictment and punished as by section 1039 of the criminal Code of 1895. Mayor and councilmen, election of. SEC. 5. Be it further enacted, That the person or persons receiving the highest number of votes at said election for mayor and aldermen respectively shall be declared duly elected. SEC. 6. Be it further enacted, That all male citizens qualified to vote for members of the General Assembly, and who shall have paid all taxes legally imposed and demanded by the authorities of the town, and shall have resided thirty days within the limits of the corporation, and no other persons, shall be qualified to vote at any election for officers of said town. Qualified voters SEC. 7. Be it further enacted, That in case of a vacancy in any of the offices an election, as prescribed in the preceding section, may be held after ten days' written notice is given by the person or persons highest in authority in said council, and the person or persons elected at an election to fill a vacancy shall hold till their successors are elected and qualified. Vacancies, how filled. SEC. 8. Be it further enacted, That two tally sheets shall be made out and certified by the managers, one to be turned to the mayor and the other retained by them. The persons elected shall be notified of their election by the managers, and they shall, on the following Thursday next after the election (or so soon thereafter as may be practicable), take the oath of office before some person authorized to administer it, which shall be in writing and in the book of minutes of the council, which oath shall be as follows: I, A. B., do solemnly swear or affirm that I will well and truly perform the duties of mayor or aldermen of the town of Homerville by adopting such measures as in my judgment will be best calculated to promote the general welfare of the inhabitants of said town, and not violative of the spirit and intent of its act of incorporation,

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so help me God. They shall then forthwith enter upon their duties. Oath of mayor and aldermen. SEC. 9. Be it further enacted, That there shall be a marshal for said town of Homerville, and that he shall be elected by the council and shall receive such compensation as the council shall designate and fix. They may either arrange for his compensation at a salary, which shall not exceed thirty dollars per month, or by fees, which shall not exceed those that sheriffs receive for like services. Marshal. SEC. 10. Be it further enacted, That the council shall elect a clerk and treasurer for said town and the council thereof, which may be of their own number or from other citizens of said town. They shall have power to fix their compensation; provided, that the pay of the treasurer shall not exceed more than five per cent. of the receipts and disbursements of the funds for said corporation, and that the clerk shall not receive more than fifteen cents per hundred words for his services. Clerk and treasurer. SEC. 11. Be it further enacted, That the council shall have power, and it shall be their duty to require bonds of the marshal and treasurer for a strict performance of their duties; to fix the amount of such bonds and approve the same. Bonds of. SEC. 12. Be it further enacted, That said mayor and council shall have full power and authority to assess, levy and collect such taxes, not exceeding fifty per cent. on the State tax upon all and every species of property, both real and personal, within the limits of said town, except church and school property, at its market value once in each year, and the time of collecting and assessing same shall be fixed by ordinance of the council; also to levy and collect such special tax on trades, business, occupations, theatrical exhibitions, or other performances exercised, performed or carried on within the corporate limits of said town, including circuses and shows of all kinds, itinerant trades, peddlers, auctioneers and all other trades, games or occupations subject to special tax under the State law, as they may deem proper. For the purpose of enforcing the payment or collection of the taxes above enumerated, the mayor and council may prescribe such rules and regulations, and impose such penalties for a violation of the same as they may deem necessary, not inconsistent with the constitution and laws of the State; and the mayor of said town is hereby vested with authority to issue executions for such fines and taxes as may become collectable in favor of said town, and the marshal may proceed to collect the same by levy and sale, in case of levy on personal property after ten days' advertisement at the court-house door in said town, and in case of levy on real estate by return to the sheriff of Clinch county, who shall advertise and sell in

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the same manner as prescribed by State law for levies made on real estate and returned by constables. Taxes. SEC. 13. Be it further enacted, That the mayor and council shall have power and authority to open, change, or abolish streets in said town as the public interest may require, and shall keep in good order the streets and sidewalks of said town, and may require and compel all persons residing in said town, who may be subject by law to road duty, to work on the streets and sidewalks of said town not to exceed five days in each year, but may receive in lieu thereof a commutation fee from such person not to exceed three dollars a year, and the mayor of said town shall have the same power and authority to punish defaulters as the road commissioners of this State now have or may hereafter have; provided, no defaulter shall have the right to relieve himself of any fine or penalty imposed for his failure to perform street duty after being returned as such defaulter without the consent of the mayor. Streets. SEC. 14. Be it further enacted, That said mayor and council shall have full power and authority to enact and enforce all ordinances, by-laws, rules and regulations necessary for the good government of said town, and securing and promoting the health of the inhabitants thereof not repugnant to the constitution and laws of this State. They may prohibit the running at large in said town and regulate the running at large of any horse, mule, cattle, hogs, dogs or other animals or fowls, and prescribe penalties therefor; to protect places of divine worship; to provide places for the burial of the dead and to regulate interments therein; to make regulations to guard against danger or damage by fire; to abate nuisances; to protect the public health and to protect and promote the peace and good order of said town. Police powers. SEC. 15. Be it further enacted, That the mayor shall hold a police court in said town, at any time for the trial and punishment of all violators of the ordinances, by-laws, rules and regulations of said town and shall keep a docket upon which he shall plainly enter all cases and judgments tried or rendered by him, the punishment inflicted not to exceed a fine of twenty-five dollars or imprisonment in the guard-house or labor on the public streets or works of said town not to exceed thirty days, and in addition thereto the cost of the proceeding. It shall be the duty of such mayor to act as the presiding officer of the council when in session, and look after the promotion of the peace and good order of said town, and the enforcement of the by-laws and ordinances thereof. Mayor's court. SEC. 16. Be it further enacted, The council shall have power to fix their own salaries and that of the mayor, and the mayor's

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salary shall not exceed fifty dollars per annum, and the councilmen or aldermen's salaries shall not exceed twenty-five dollars per annum. Salaries. SEC. 17. Be it further enacted, That the present incumbents of the offices, commissioners of the town of Homerville, are hereby appointed commissioners of said town of Homerville, with all the rights, powers and duties hereby conferred, to hold and exercise the same until the election and qualifications of their successors in office at the first regular election herein provided for. SEC. 18. Be it further enacted that all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved December 23, 1896. JEFFERSON, CHARTER AMENDED. No. 121. An Act to amend an Act incorporating the town of Jefferson, in the county of Jackson, approved the 14th of August, 1872, and all amendments thereof, by striking out of said Act, whenever it occurs, the word town, and inserting in its place the word city, so that said place of Jefferson will be incorporated as a city, and not as a town. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the same, That from and after the passage of this Act, an Act approved August 14th, 1872, and all amendments thereof, incorporating the town of Jefferson in the county of Jackson, be, and the same is, hereby amended, by striking out of said Act, whenever it occurs, the word town, and insert in its place the word city, so that said place of Jefferson will be incorporated as a city, and not as a town. City of Jefferson. SEC. 2. Be it further enacted, That the municipal government of Jefferson shall be operated under the name and style of the mayor and council of the city of Jefferson, and, as such, perform all its duties and functions. Mayor and council. SEC. 3. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved December 23, 1896.

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LAVONIA, TOWN OF INCORPORATED. No. 83. An Act to reincorporate the town of Lavonia, to confer additional powers on said corporation, and to codify with this charter such portions of the previous charter as are not inconsistent with this charter. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act the corporate limits of the town of Lavonia, in the county of Franklin, shall extend and embrace a radius of three fourths of a mile, the depot of the Southern Railway Company to be the center of said town. Corporate limits. SEC. 2. Be it further enacted, That the municipal government of the town of Lavonia shall consist of a mayor and four aldermen, who are hereby constituted a body corporate under the name and style of the mayor of the town of Lavonia, and by that name and style shall have perpetual succession, shall have a common seal, and be capable in law and equity to purchase, have, hold, receive, enjoy, possess and retain to them and their successors for the use of the town of Lavonia any estate or estates, real or personal, of whatsoever kind or nature, within and without the jurisdictional limits of said town for corporate purposes, and shall, by said name, be capable of suing and being sued in any court of law or equity within this State, and shall succeed to all rights and liabilities of the corporation of the town of Lavonia. Mayor and aldermen. SEC. 3. Be it further enacted by the authority aforesaid, That an election shall be held in the town of Lavonia on the first Wednesday in January, annually, the first election to be held in January, 1897, and every year thereafter, for the election of mayor and four aldermen of said town of Lavonia; each of said officers shall serve one year and until their successors are elected and qualified. At the first meeting of the mayor and aldermen of the town of Lavonia, or so soon thereafter as practicable, one of said aldermen shall be chosen as mayor pro tem. Election of. SEC. 4. Be it further enacted by the authority aforesaid, That in case of vacancy in any of the offices mentioned in the preceding section by death, resignation, failure to elect, removal from office, removal from the town or otherwise, a special election shall be ordered by the mayor and aldermen within thirty days, giving ten days' notice by publication, to fill such vacancy. Vacancies, how filled.

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SEC. 5. Be it further enacted by the authority aforesaid, That all elections held under the provisions of this charter shall be superintended and managed by a justice of the peace or some other judicial officer and two freeholders or three freeholders, all of whom shall be citizens of said town, and each of said managers before entering on his duties shall take an oath before some justice of the peace, or some other officer duly qualified to administer an oath, that he will faithfully and impartially conduct said election, and prevent all illegal voting, to the best of his skill and power; and said managers shall cause to be kept two lists of voters and two tally sheets of said elections; and the polls, at every such election, shall be opened at nine o'clock A.M. and close at four o'clock P.M. Elections, how held. SEC. 6. Be it further enacted by the authority aforesaid, That after the votes at any election shall have been counted by the managers they shall certify two lists of voters and two tally sheets, and shall place all of said tally sheets with the ballots in the ballot box, and shall seal said ballot box and deposit the same with the marshal of said town. The other list of voters and tally sheets shall be filed by the managers with the clerk and treasurer with the board of aldermen. Election returns. SEC. 7. Be it further enacted by the authority aforesaid, That as soon as the mayor and board of aldermen of said town of Lavonia have been elected, or as soon thereafter as practicable, the persons elected shall meet and take and subscribe the following oath before any justice of the peace of this State, and shall forth with enter upon the duties of his office, to wit: I, A. B., do solemnly swear that I will well and truly perform the duties of mayor (alderman, clerk and treasurer as the case may be) of the town of Lavonia to the best of my skill and ability, without favor or affection, so help me God. Oaths. SEC. 8. Be it further enacted by the authority aforesaid, That no person shall be eligible to the office of mayor and alderman unless he is of the age of twenty-one years old, a citizen of the United States of America and shall have resided in the town one year immediately preceding his election. Qualifications. SEC. 9. Be it further enacted by the authority aforesaid, That the mayor shall be the chief executive officer of the town of Lavonia; he shall see that all laws, ordinances, resolutions and rules of the town are faithfully executed and enforced, and that all officers of the town shall faithfully discharge the duties required of them. He shall have a general jurisdiction of the officers of the town. He shall preside at all meetings of the mayor and board of aldermen of the town of Lavonia. He shall have the right to vote in elections

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for officers, and upon all other questions before said body, except upon questions where he is disqualified by reason of interest, relationship or otherwise. Mayor, powers and duties. SEC. 10. Be it further enacted by the authority aforesaid, That there shall be a mayor's court for the trial of all offenders against the laws and ordinances of the town to be held by the mayor, and in his absence or disqualification by the mayor pro tem. Said court shall have power to preserve order and compel the attendance of witnesses, to punish for contempt by imprisonment not exceeding two days, or a fine not exceeding ten dollars, or both. Mayor's court. SEC. 11. Be it further enacted by the authority aforesaid, That the mayor, or in his absence or disqualification, the mayor pro tem., shall, as often as may be necessary, hold a police court to be known as a mayor's court for the trial of all offenders against the laws and ordinances of the town of Lavonia; said mayor's court shall have full power and authority, upon conviction, to sentence such offenders to labor upon the streets or public works for a period not to exceed sixty days, or to impose a fine not to exceed one hundred dollars; either or all the penalties may be imposed in the discretion of the court. SEC. 12. Be it further enacted by the authority aforesaid, That the mayor and each of the aldermen shall be bound to keep the peace and shall be ex officio justice of the peace, so as to enable them to issue warrants for violation of the criminal law of the State committed within the town of Lavonia, and shall have full power, on examination, to commit the offenders to jail, or to bail them if the offense is bailable, to appear before the court having jurisdiction. Justices of the peace. SEC. 13. Be it further enacted by the authority aforesaid, That the clerk and treasurer of said town shall discharge all duties imposed by this charter and laws and ordinances of said town as may be required of him by the mayor and aldermen of said town of Lavonia, and shall give bond with good security at such sum as may be fixed by said mayor and board of aldermen, conditioned for the faithful performance of his duties as clerk and treasurer of said town. Clerk and treasurer. SEC. 14. Be it further enacted by the authority aforesaid, That the mayor and board of aldermen shall have full power to appoint or elect such officers as may be deemed necessary or proper, and shall have the power to regulate the time, mode and manner of election or appointing such officers and agents, to fix their fees and salaries, to take their bonds, to prescribe their duties and their oaths, and may in their discretion suspend, summon or discharge them at any time, with or without cause.

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SEC. 15. Be it further enacted by the authority aforesaid, That for the purpose of raising revenue for the support and maintenance of the town government, the mayor and board of alderman of said town of Lavonia shall have full power and authority, and shall prescribe by ordinances, for the assessment, levy and collection of an ad valorem tax on all real and personal property within the incorporate limits of said town, to defray the ordinary annual expense of the town government, said tax not to exceed one-half of one per centum. Tax. SEC. 16. Be it further enacted by the authority aforesaid, That the mayor and board of aldermen of the town of Lavonia shall have power and authority to license, regulate and control all taverns, restaurants, livery stables, hacks, drays and other vehicles, auctioneers, vendors, masters, itinerant traders, theatrical performances, shows, circuses and exhibitions of all kinds, itinerant lightning rod peddlers, emigrant agents, clock peddlers, peddlers of all kinds, itinerant dealers in jewelry and all other traveling or itinerant vendors of articles, goods, wares and merchandise of every nature whatsoever, every keeper of billiard, pool or bagatelle tables for public use, every keeeper of a shooting-gallery, tenpin-alley, upon the keeper of any other table, stand or place. Licenses. SEC. 17. Be it further enacted by the authority aforesaid, That for the performance of any game or play, whether played with stills or balls, rings or other contrivances, upon the keeper of flying-horses, bicycles or velocipedes or skating-rinks, keepers of slaughter houses, beef markets, green groceries, dealers in fish, oysters, vegetables, fruits, bread and other articles of food, and upon all other establishments, business or callings, or avocations not hereinbefore mentioned, and which, under the laws and constitution of the State of Georgia, are subjects to license. Special tax. SEC. 18. Be it further enacted, That the mayor and board of aldermen of the town of Lavonia shall have power to levy and collect a street tax in addition to other taxes, a tax not exceeding three dollars upon each and every male person between the ages of sixteen and fifty years, except licensed ministers of the Gospel who are in the regular discharge of ministerial duty and in charge of one or more churches, and except all persons who have lost one leg or one arm; provided, that any person so taxed shall have the opportunity to work the streets of said town and may relieve themselves of said tax by working on the streets of said town for six days, under the control of the town marshal or other officer of said town. Street tax. SEC. 19. Be it further enacted by the authority aforesaid, That upon the non-payment of said street tax or failure to work on the streets as provided in this section, the person so offending, after

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five days' notice, may be sentenced to work on the streets of said town for a number of days sufficient to pay all such taxes assessed against him at fifty cents per day, upon conviction before the mayor's court. SEC. 20. Be it further enacted by the authority aforesaid, That the mayor and board of aldermen of said town of Lavonia shall have power and authority to appoint three freeholders, residents of said town, as board of assessors of tax returns, whose duty shall be to scrutinize carefully each return of property, real and personal, made by every taxpayer of said town, and if in their judgment they shall find the property embraced in said return, or any portion of it returned below its value, they shall assess its true value. Assessors. SEC. 20. Be it further enacted by the authority aforesaid, That the mayor and board of aldermen of the town of Lavonia shall have full and complete control of the streets, alleys, sidewalks and square of said town, and shall have power and authority to open, lay out, widen, straighten or otherwise change all streets, sidewalks, alleys, and square of said town of Lavonia. Streets, control of. SEC. 22. Be it further enacted by the authority aforesaid, That said mayor and board of aldermen of the town of Lavonia shall have power to fix and establish fire limits, and from time to time to enlarge, restrict or change the same, within which fire limits as established it shall not be lawful for any one to build or cause to be built other than fire-proof buildings, except by special permission of the mayor and board of aldermen of said town; and in case of an offense against ordinances passed in pursuance of this Act said mayor or board of aldermen of Lavonia, after five days' notice given, shall cause the said not fire-proof buildings to be removed at the expense of the owners building the same, to be collected by execution as other executions issued by said town, and the said mayor and board of aldermen of Lavonia shall have the right to determine what are and what are not fire-proof buildings. Fire limits. SEC. 23. Be it further enacted by the authority aforesaid, That said mayor and board of aldermen of Lavonia shall have power to remove any forge or smith shop where, in its operation, it shall be necessary to insure safety against fire; they shall have power to remove stovepipe or other thing which shall endanger the town as to fire to be removed or remedied at the expense of the owner, as prudence shall dictate. SEC. 24. Be it further enacted by the authority aforesaid, That the mayor and board of aldermen of the town of Lavonia shall have power and authority to enforce by execution the collection of any amount due or to become due to it for taxes, license fees and tax and assessments of every kind for fines and forfeitures, and for any

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other debt or demand due the town, such execution to be issued by the clerk and treasurer against the person or corporation or firm owing said sum, and which execution may be levied by the marshal on the property of the owner against whom such execution shall issue, and the same sold as is provided by Code of 1882, sections 3656 (a), (b), (c) and (d) for municipal sale for taxes. Powers. SEC. 25. Be it further enacted by the authority aforesaid, That it shall be the duty of the marshal of said town to prosecute all offenders against the laws of the State for crime committed within the limits of said town; it shall moreover be his duty to arrest, or cause to be arrested, all disorderly persons, all persons committing or attempting to commit any crime, and commit them to the guardhouse or other place of confinement to await trial. It shall be his further duty to execute processes and orders of the mayor and board of aldermen, and discharge any other duties imposed on him by laws, ordinances, rules and regulations of said town. Marshal, duties. SEC. 26. Be it further enacted by the authority aforesaid, That it shall be the duty of the marshal to levy all executions in favor of the town, and after advertising for thirty days he shall sell the property levied upon before the court-house door in the 206th district G. M. of said county, on regular court days for said district, and between the legal hours of sale, shall sell at public outcry to the highest bidder and execute titles to the purchasers, and shall have the same power to place the purchasers in possession as sheriffs of the State have. SEC. 27. Be it further enacted by the authority aforesaid, That the clerk and treasurer shall be the custodian of the funds of the town, and shall be the keepers of records thereof; shall be the clerk of the mayor's court; shall issue all processes and shall discharge all duties that may be required of him by the laws, ordinances, rules, regulations and resolutions of the mayor and board of aldermen of the town of Lavonia. Clerk and treasurer. SEC. 28. Be it further enacted by the authority aforesaid, That any person who may be convicted before the mayor's court may, by giving notice of his intention to certiorari, suspend the judgment and may be released from custody at once upon giving bond with security, in such sum as may be fixed by the mayor for his appearance, etc; provided, all certiorari from said court shall be sued out within thirty days from the date of the judgment; and provided, no such certiorari shall issue until all costs have been paid or an affidavit be made by the defendant showing his inability to pay costs. Certiorari. SEC. 29. Be it further enacted by the authority aforesaid, That said mayor and board of aldermen of Lavonia shall each year appoint

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five fit and proper persons who shall constitute the board of health of said town. It shall be the duty of said board of health, three of whom shall constitute a quorum, to meet weekly, or as often as may be necessary, to visit every part of said town, and to report to the mayor and board of aldermen all nuisances which are likely to endanger the health of said town. And the said mayor and board of aldermen of Lavonia shall have power, upon the report of said board of health, to cause any such nuisance to be abated and the recommendation to be carried out in a summary manner at the expense of the party whose act or negligence caused such nuisance, or the owner of the premises, or both, as the mayor and board of aldermen may elect; and for the amount so expended the clerk and treasurer shall forthwith issue an execution against the owner of the property on which the nuisance is located, or against the party whose act or negligence caused such nuisance, or against both, as said mayor and board of aldermen of Lavonia may elect, and such execution may be collected by levy and sale as other executions issued by the clerk and treasurer. All vacancies that may occur in said board of health may be filled by said mayor and board of aldermen of Lavonia as soon thereafter as practicable. Board of health. SEC. 30. Be it further enacted by the authority aforesaid, That said mayor and board of aldermen of the town of Lavonia shall have power to establish and regulate markets, to prescribe the time of holding the same; to prevent injury or annoyance to the public or individuals from anything dangerous, offensive, or unwholesome; to prevent hogs, cattle, horses and sheep, dogs and other animals and fowls of all kinds from going at large in said town; to protect places of divine worship in and about the premises where held; to abate or cause to be abated anything which in the opinion of a majority of the whole board of aldermen of said town shall be a nuisance; to provide in or near said town places for the burial of the dead, and to regulate interments therein; to provide for the drainage of lots by proper drains and ditches; to make regulations for guarding against danger or damage by fire; to protect the property and persons of the citizens of said town, and to preserve peace and good order therein, and for this purpose to appoint, when necessary, a police force to assist the marshal in the discharge of his duties; to prescribe the powers and duties of the officers appointed by the mayor and board of aldermen of the town of Lavonia, to fix their term of service and compensation, require and take from them bonds when deemed necessary payable to the mayor and board of aldermen of the town of Lavonia, with such securities and in such penalties as said mayor and board of aldermen of Lavonia may see fit for the faithful discharge of their duties; and to provide a revenue for said

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town and to appropriate the same to the expenses; to organize a chain-gang or work-gang to work upon the streets of said town, and for sanitary purposes. Markets. Police powers. SEC. 31. Be it further enacted by the authority aforesaid, That the mayor and board of aldermen of the town of Lavonia shall have power and authority to establish police rules and regulations, to pass all laws and ordinances not in conflict with the constitution and laws of the State of Georgia, which tend to promote the safety, health, good order, morality and general welfare of the inhabitants of said town. SEC. 32. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved December 23, 1896. MACON, CHARTER AMENDED. No. 13. An Act to amend the charter of Macon, relating to the law now governing the board of public works, the police commission, the fire commission; to provide for deficiencies in the revenue of the city; to provide for compensation of the board of health; and giving authority to the mayor and council providing for the paving of streets, alleys and sidewalks of said city, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of same, That section 3 of said Act, approved November 21, 1893, which relates to the establishing of the wards of the city, be amended by striking out said entire section, and in lieu thereof inserting the following words: That the city of Macon shall be divided into four wards, numbered respectively one, two, three and four. The first ward shall be included in the following boundaries: All of East Macon and that portion of West Macon lying between the Ocmulgee river and a line extending from the southwest boundary of the city, through the center of Plum street to First street, thence along First street to the Ocmulgee river. The second ward shall be included between the southwestern boundaries of the first ward just given and a line beginning at the intersection of Plum and First streets, thence west down the center of Plum street to Oglethorpe street, thence up Oglethorpe street to the first alley, between lots twelve (12) and

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thirteen (13), thence down said alley west to Hawthorne street, thence southeast along the center of Hawthorne street to First street, thence west along the center of First street to Boundary street. The third ward shall be included between the northern side of the center of First street and the northeastern limits, and between the Ocmulgee river and a line beginning at the intersection of the center lines of First and Plum streets, thence along the center of Plum street to the center of High street, thence along High street to Orange, thence along Orange to the center of Washington avenue, thence along the center of Washington avenue to the northeastern limits. The fourth ward shall be included between the northern boundaries of the second ward, the southwestern boundaries of the third ward just given, the northern limits, and Boundary street. Four wards First. Second. Third. Fourth. SEC. 2. Be it further enacted by the authority aforesaid, That section 4 of said charter be amended by striking out said entire section, and enacting in lieu thereof the following: That on the second Saturday in December, 1896, there shall be an election for six aldermen, one from each of said four wards, who shall serve for three years, and two from the city at large who shall serve for two years. On the second Saturday in December, 1897, there shall be an election for mayor and six aldermen, one from each ward, who shall serve for two years, and two from the city at large who shall serve for one year, and annually thereafter on the same day there shall be an election for four aldermen, one from each ward, or for mayor and four aldermen in case the term of the mayor is about to expire. The aldermen now serving under said charter shall continue to serve until the expiration of their several terms; provided, however, that in the election to be held on the second Saturday in December, 1896, the qualified voters of said city shall vote in the wards in which they are now registered, and not in the four new wards. Mayor and aldermen, election of SEC. 3. Be it further enacted by the authority aforesaid, That section 23 of said charter be amended so as to provide that after the elections provided for in the preceding section, three of said aldermen shall reside in each of said four words at the time of their election; their termo f office shall be for three year or until their successors are elected and qualified. But this shall not apply to the two aldermen to be elected from the city at large in each of the years 1896 and 1897, who shall serve for the term of two and one years respectively, so that after the year 1897 there shall be an election for four aldermen every year. SEC. 4. Be it further enacted by the authority aforesaid, That said charter be so amended, that section XXIX to said charter,

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to wit: That there shall be a board of police commissioners consisting of three citizens of Macon, neither of whom shall be the mayor or member of council. They shall be bona fide free-holders of the city, and shall be elected by the council, in which election the mayor will be entitled to vote. But the following persons shall constitute the first commission under this Act, to serve for the term stated: S. S. Dunlap, chairman, for three years; J. G. McGalrick for two years; J. C. Hendrix for one year. The term of office of the commissioners elected by the council to succeed those hereinbefore named shall be for three years respectively, and until their successors are elected and qualified. The members of this commission shall not be eligible for any other city office during the term for which they are elected, and for three years after the expiration thereof, nor shall they be eligible to succeed themselves until three years from the expiration of their term of office. The term of office of each of said police commissioners elected, after the expiration of the terms of the first commissioners hereinbefore named, shall be three years. They shall have full and complete control of the police department of the city; shall appoint all officers and men of the police force, including the chief; prescribe rules and regulations for their government, and shall have power to suspend or remove any of the officers or men in said department, whenever, in their opinion, necessary to the well-being of the service or the interest of the city. They shall each receive a salary of two hundred dollars per annum; and section XXX of said charter, to wit: Police commissioners, election of. Authority of. Salary of. Be it further enacted by the authority aforesaid, That each member of said board of police commissioners shall, before entering on the duties of his office, take and subscribe before some officer authorized to administer oaths the following oath of office: I do solemnly swear that I will faithfully and impartially perform the duties of police commissioner of the city of Macon during my continuance in office; that I will not knowingly permit my vote in the election or appointment of any person to positions on the police force to be influenced by fear, favor or affection, reward or the hope thereof, but in all things pertaining to any office I will be governed by my conviction of the public good, so help me God. This oath shall be entered on the minutes of the board and the original filed with the clerk of council; and section XXXI of said charter, to wit: Oath of. Be it further enacted, That the said board shall meet at least once a month, and at such other times as the public interest may require. It shall elect one of its members to act as clerk, whose duty it shall be to serve in such capacity and keep a record of all of its

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proceedings without additional compensation. All vacancies in said board arising from any cause shall be filled by the council, as in the first instance; and section XXXII of said charter, to wit: Meetings. Be it further enacted, That all the police force of the city shall consist of a chief of police, two lieutenants and such other officers and men as the mayor and council may by ordinance prescribe. The term of office of the chief of police and the two lieutenants shall be for two years, but such officers shall be subject to removal as hereinbefore provided. The compensation of all the police force shall be prescribed by ordinance of the mayor and council, but no extra pay or allowance or cost shall ever be awarded them. They shall have power and authority to arrest all persons in said city guilty of disorderly conduct or public indecency, all persons violating the ordinances of the city, and all persons committing or attempting to commit any crime, and to confine them in the city prison or in the common jail of Bibb county, to be brought before the recorder's court on the next day for trial or commitment; provided, that all persons desiring to give bail for their appearance before such court, in bailable cases, shall be allowed to do so. The amount of bail may be fixed by the recorder at any time, or in his absence or disability by the mayor of the city; and section XXXIII of said charter, to wit: Chief of police and other officers. Compensation. Arrests. Be it further enacted, That it shall be the duty of the chief of police, upon notice in writing from the mayor or any member of the council or of the board of public commissioners to prosecute all offenders against the laws of the State for crimes committed within the limits of the city of Macon. In case any offense shall be committed in the presence of said chief of police, it shall be his duty to prosecute without such notice; and section XXXIV of said charter, to wit: Prosecutor. Be it further enacted, That the chief of police shall give bond in the sum of five thousand dollars for the faithful performance of his duties as chief of police. In case of resignation, removal, death or disability of the chief of police, the officer of said force next in rank shall perform the duties of said officer until the removal of such disability or a successor has been duly appointed to fill the unexpired term; and section XXXV of said charter, to wit: Chief of police, bond of. Vacancy. Be it further enacted, That the fire department of the city shall be placed under the immediate supervision and control of a board of fire commissioners, to consist of three members, neither of whom shall be the mayor or member of council; they shall be elected by the council, in which the mayor shall have a vote, and shall hold office for three years and until their successors are elected and qualified; but the following persons shall constitute the first

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commission under this Act and perform the duties thereof for the time prescribed: E. S. Wilson, chairman, for three years; Henry Lathrop, for two years; I. C. Burke, for one year. The members of this commission shall be freeholders of the city and shall not be eligible for any other city office during the term for which they are elected and for three years thereafter, nor shall they be eligible to succeed themselves until three years after the expiration of their said terms. The term of office of each of said fire commissioners, after the expiration of the terms of the first commissioners hereinbefore named, shall be three years. All vacancies in the commission shall be filled by election of the council as in the first instance; and section XXXVI of said charter, to wit: Fire commissioners. Election of. Be it further enacted, That said fire commissioners shall take the same oath as that of police commissioners, varied to suit the office, and shall sign and enter the said oath as prescribed in the case of said police commissioner. The commission of the fire department shall select the chief of said department, and all other officers and men thereof, and shall have power to suspend or remove any of them whenever the said commission shall deem it necessary or proper for the well-being and efficiency of the department. The commission shall have power to prescribe rules and regulations for the general management and discipline of the officers and men of the department, but the pay of all such shall be fixed by ordinance of the mayor and council. The compensation of the members of the commission shall be one hundred dollars each per annum. They shall keep a record of their proceedings, one of their members acting as clerk without additional compensation, of said charter, as above written, all be, and the same are, hereby repealed, and all the powers and duties, vested by said charter in the board of police commissioners and the board of fire commissioners are hereby delegated to the mayor and council of the city of Macon; provided, nevertheless, that before the provisions of this section, as above written, shall become operative, the question of abolishing the police commission and the fire commission as provided, by repealing of the sections as stated in this section IV as above, shall be submitted to the qualified voters of the city of Macon at the regular election in said city to be held for aldermen on the second Saturday in December, 1896. At said election each and every voter who shall desire to vote against the abolishing of said commission, as hereinbefore provided, shall have plainly written or printed on his ballot the words For fire commissions, For police commissions, and each and every voter who shall desire to abolish said commissioners and repeal the section of the charter of the city as provided hereinbefore

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in this section, shall have plainly written or printed upon his ballot, the words Against fire commission, Against police commission. In the event that at said election a majority of the ballots of those voting upon said question shall be for the commissions, then the provisions of this section providing for the abolishing of said commissions and the repealing of section 29, 30, 31, 32, 33, 34, 35 and 36, of the said charter of the city of Macon shall be of no force and effect, and the said section of said charter hereinbefore named shall remain of full force and effect. In the event that said election a majority of the ballots of those voting upon said question shall be Against the commissions then the provisions of this section abolishing said commission and repealing sections 29, 30, 31, 32, 33, 34, 35 and 36 of the charter of the city of Macon shall be of full force and effect. It is the intention of this section to allow the voters to vote upon the retention or abolition of the two commissions separately, and in the event only one of said commissions is abolished, then the portions of the charter affecting said commission are repealed, and those affecting the other commission are to remain of full force, and in the event both commissions are abolished, then all of said charter mentioned in this section is to be repealed; provided, also, that if at such election, the second Saturday of December, 1896, a majority of the voters shall vote against either or both of said commissions and the same should be abolished, then the mayor and city council of said city shall, on a petition filed on or before October 1st, 1897, by fifty qualified voters of the city of Macon, for that purpose order an election to be held on the second Saturday in December, 1897, for the purpose of determining whether said commission or commissions so abolished shall be renewed, and at said election those who desire to renew the said commission or commissions shall write on their ballots For fire commission, or For police commission, and those who do not desire their renewal shall write on their ballots Against fire commission, or Against police commission, and if a majority of the qualified voters voting at such election shall vote against the commission or commissions, then the same shall not be renewed; but if a majority of said voters shall vote for the commission or commissions, then the commission or commissions shall be renewed and the original charter in reference thereto, creating the said commissioners, shall become operative immediately in as full force and effect as though it had never been repealed. Oath of. Chief of fire department. Rules for government of fire department. Election to abolish police and fire commission. SEC. 5. Be it further enacted, That so much of section 40 of said charter as prescribed that the salary of the chairman of the board of health shall be fixed at six hundred dollars per annum be

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amended so as to provide that the compensation of the chairman of the board of health shall not be fixed at six hundred dollars per annum, but shall be such compensation as shall be annually prescribed and appropriated by the mayor and council. Chairman of board of health. SEC. 6. Be it further enacted, That section 41 of said charter be amended by striking therefrom the words, the chief of police shall designate a member of the police force to attend the sessions of said court and act as clerk thereof in addition to his other duties, who after the word that in the first line, and before the word `shall' in the fourth line of said section, and inserting in lieu thereof the following words: There shall be a clerk of said recorder's court who shall be appointed by the mayor and confirmed by the council, whose term of office shall be two years. He shall attend each and every session of said court; keep all records, receive all fines, etc., and account for the same, as may be prescribed by the mayor and council; and be it further enacted, That the words with the exception of the member designated to act as clerk thereof, after the word whom in the eighth line and before the word may in the ninth line of said section, be stricken therefrom, so that said section, when amended, shall read as follows: Be it further enacted, That there shall be a clerk of said recorder's court who shall be appointed by the mayor and confirmed by the council, whose term of office shall be two years, and he shall attend each and every session of said court; keep all the records, receive all fines, etc., and account for the same, as may be prescribed by the mayor and council. He shall also act as clerk to the chief of police and shall sign and issue all processes, summons, attachments, etc., issuing out of said court, all of which shall be attested in the name of the recorder. The ministerial officers of said court shall be the chief of police, lieutenants and patrolmen of the police force of said city, either of whom may execute the mandates of said court, and to whom, in the alternative, all measure and final processes then shall be directed. The chief of police or one of the lieutenants shall attend each session of said court for the purpose of executing the necessary orders thereof. Clerk of recorder's court. SEC. 7. Be it further enacted, That section 71 of the charter of the city of Macon, which relates to street crossings, sidewalks and pavements, and the act amending the same, approved December 13, 1894, be amended by adding to the end of said section the following words: 1st.That the mayor and council of the city of Macon shall have full power and authority, in their discretion, to grade, pave, macadamize, and otherwise improve for travel and drainage of the

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streets and public lanes and alleys of said city, to put down curbing, cross drains, crossings, and otherwise improve the same. Streets. 2nd.In order to fully carry into effect the authority above delegated, the mayor and council of the city of Macon shall have full power and authority to assess the cost of paving and otherwise improving the sidewalks, including two-thirds of the necessary curbing for the same, on the real estate abutting on the street, and on the side of the street on which the sidewalk is so improved. Assessments for sidewalks. 3rd.That the mayor and council of the city of Macon shall also have full power and authority to assess one third of the cost of grading, paving, macadamizing, constructing side drains, cross drains, crossings, and otherwise improving the roadway or street proper, on the real estate abutting on each side of the street improved; the real estate abutting on each side shall pay two-thirds of the entire cost, and any street railroad company, or other railroad company, having tracks running through or across the streets of said city shall be required to pave, macadamize, or otherwise improve said street as the mayor and council may prescribe, the width of its track and for one foot on each side of every line of track now in use, or that may hereafter be constructed by said company; provided, that the law authorizing the assessment on the abutting property owners of the whole cost of paving sidewalks, including two-thirds of the cost of curbing, is in no way affected hereby. For streets. 4th.The mayor and council of the city of Macon shall have full power and authority to adopt by ordinance such a system of equalizing assessments on real estate for the above purposes and for the amounts above set forth as may be just and proper, estimating the total cost of each improvement made, and prorating the cost thereof on the real estate according to its frontage on the street or portion of the street so improved. It shall be wholly discretionary with the mayor and council of the city of Macon whether said improvements shall be done or not. 5th.The amount of the assessment on each piece of real estate shall be a lien on said real estate from the date of the passage of the ordinance providing for the work and making the assessment. Assessments, how enforced. 6th.The mayor and council of the city shall have authority to enforce the collection of the amount of any assessment so made for work, either upon the streets or sidewalks, by execution to be issued by the city treasurer against the real estate so assessed and against the owner thereof at the date of the ordinance making the assessment, which execution may be levied by the marshal of the said city upon such real estate, and after advertisement and other

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proceedings as in cases of sales for taxes, the same may be sold at public outcry to the highest bidder, and such sale shall vest absolute title in the purchaser, and the marshal of the city of Macon shall have full authority to eject the occupants of said property and place the purchaser thereof in possession; provided, that the defendants shall have the right to file an affidavit denying that the whole or any part of the amount for which said execution issued is due and stating what amount he admits to be due, which amount so admitted to be due, with all costs, shall be paid and collected before the affidavit is received, and the affidavit shall be received for the balance, and such affidavit so received shall be returned to the superior court of Bibb county and there tried and the issue determined as in cases of illegality, subject to all the pains and penalties provided in cases of illegality for delay. 7th.The mayor and council of the city of Macon shall have full authority to pave, or contract for paving of, the whole surface of the street, without giving any street railroad company or other property holder or occupant of the street the option of having the space. to be paved by it paved by itself, or by a contractor at its instance; the object of this section being to prevent any delay in the progress of the work, and to secure a uniform quality of workmanship. 8th.That the lien given to the city of Macon for assessments upon abutting property, and also on the property of street railroad companies, for street or sidewalk paving, curbing, grading, or draining, shall have rank and priority of payment next in point of dignity to the liens in favor of the city of Macon for taxes due said city, such lien or priority of payment to exist from the date of the passage of the ordinance authorizing the execution of the work in each case. Lines for street improvements. 9th.The mayor and council shall have full authority to prescribe by ordinance such other rules as may, in its discretion be necessary to grade, pave, macadamize, drain, or curb any of the streets of the city; to enforce by execution the payment of the cost thereof against adjacent property owners and railroad companies; to prescribe how the owners or agents thereof shall be served with notice by personal service or by publication. SEC. 8. Be it further enacted, That the mayor and council of the city of Macon shall have, and are hereby given, full authority to issue the one hundred and eighty thousand dollars of bonds, the assent of the qualified voters of said city for the incurring of this indebtedness having been given at an election called for that purpose on the 15th day of April, 1896; and full authority is hereby given to the mayor and council of the city of Macon to appropriate

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any portion of the one and one-quarter per cent. ad valorem tax on real and personal property in said city annually levied under the charter of said city, remaining after deducting the three-fourths of one per cent. ad valorem tax previously appropriated by law, and also any other income of said mayor and council not otherwise appropriated by law, which, in their discretion, may be necessary to provide for the annual interest and sinking fund for the payment of the fifty thousand dollars of bonds, for the paying off of the floating indebtedness of the city of Macon, the assent of the qualified voters of said city having already been given for the issuing of said fifty thousand dollars of bonds, at an election held for that purpose on the 15th day of April, 1896. Bonds of city, how and for what issued. SEC. 9. Be it further enacted, That section LXXXII of said charter be amended by adding after the word taxes, the last word of said section, the following words: provided, that in all cases where property has been bought in by said city for taxes and the title thereof vested in said city, it shall be lawful for the mayor, with the consent of the city council, to authorize a reconveyance of such property to the former owners thereof, upon the payment by such owner of all the taxes, premiums, penalties and costs due under the process by which same was sold, so that said section, when so amended, shall read as follows: Be it further enacted, That all taxes levied by the mayor and council shall be collected as follows: An execution shall be issued by the treasurer of the city, directed to the marshal thereof, against the real and personal property of the defaulter, and the marshal shall proceed to levy the same, and after to advertising the sale for four weeks in the paper wherein the advertisements of the sheriff's sales are made shall sell the property levied on before the court-house door of Bibb county between the legal hours of sale, on a regular sheriffs' sales day. It shall be the duty of said marshal to put up the property and offer the same for sale in parcels, until he gets a bid sufficient to pay the taxes due, and shall then knock the property off to the purchaser, make him a deed and put him in possession as in ordinary sheriffs' sales; such sales shall be as effectual to pass the title as the deed of the person against said, whom said execution was issued, but the right of redemption shall exist as in sales for State and county taxes; provided, that in all cases when the property has been bought in by said city for taxes and the title thereof vested in said city, it shall be lawful for the mayor, with the consent of the city council, to authorize a reconveyance of such property to the former owners thereof, upon the payment by such owner of all the taxes, premiums, penalties and costs due under the process by which same was sold, and all expenses of reconveyance. Redemption after sales for taxes.

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SEC. 10. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved December 11, 1896. MITCHEL, TOWN OF INCORPORATED. No. 59. An Act to incorporate the town of Mitchel, in the county of Glascock, to grant certain powers and privileges to the same, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, That the town of Mitchel, in the county of Glascock, be, and the same is, hereby incorporated as a town, under the name of the town of Mitchel. The corporate powers of said town shall be vested in a mayor and five councilmen, and by the name of mayor and council of the town of Mitchel they may sue and be sued, plead and be impleaded, and exercise all the corporate powers that may be necessary in performing their duties. Town of Mitchel, corporate powers. SEC. 2. Be it further enacted by the 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 Augusta Southern Railroad. Corporate limits. SEC. 3. Be it further enacted by the authority aforesaid, That I. J. Scruggs be, and he is, hereby appointed mayor, and N. S. Hodges, B. B. Kitchen, C. C. Kelly, G. C. Kelly, D. H. Daniel be, and they are, hereby appointed councilmen of said town of Mitchel, to hold their office until the first annual election, as hereinafter provided. Mayor and councilmen. SEC. 4. Be it further enacted by the authority aforesaid, That on the first Monday in August, 1897, 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 councilman 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 officers in the State, and the certificate of the managers shall be sufficient authority to the persons elected to enter in 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 became

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vacant by death, resignation, removal or other cause, the mayor, or in case his seat is vacant, the majority of the councilmen 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. Election of mayor and councilmen. Vacancy. SEC. 5. 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 Mitchel, Glascock county, according to the best of my ability and understanding, so help me God. Oath of mayor and councilmen. SEC. 6. 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 the State and the United States. General powers of mayor and council. SEC. 7. Be it further enacted, That the said mayor and councilmen shall have the 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 by sale of property, as in sales of property liable to State and county taxes; all levies of tax execution to be made by the marshal or his deputy and to be conducted as sales by the sheriff of this State in case of levy of tax executions. They shall also have power to require all persons within said corporation who are subject to road duty under the laws of this State to work on the streets of said town, or they may prescribe a commutation tax which may be paid in lieu of work upon the street. Ad valorem tax. Commutation tax. SEC. 8. 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

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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. Mayor, powers of. SEC. 9. Be it further enacted, That said mayor and council at the first meeting after their election (or at the meeting after the first, if they deem proper and best) shall elect a clerk who may be one of their own members, or any 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 ability. Clerk. SEC. 10. 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. 11. Be it further enacted, That said mayor and councilmen 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. License tax. SEC. 12. Be it further enacted, That the 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 said intoxicating liquors or beverages or bitters in said town without such license. Liquor, sale of. SEC. 13. Be it further enacted, That the mayor and council shall have the power to regulate and control the sale of fresh meat and fresh fish within the limits of said town, and to impose a tax upon any persons dealing in the same. Meat and fish, sale of. SEC. 14. Be 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, 1896.

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MONROE, CHARTER FOR TOWN OF REPEALED. No. 7. An Act to repeal so much of an Act entitled an Act to make permanent the site of the public buildings of the county of Walton at Monroe and to incorporate the same, approved Nov. 30, 1821, as provides for the incorporation of the said town of Monroe, and all Acts amendatory thereof relating to the municipal government of said town, and the powers conferred upon the same, so as to repeal the charter of said town of Monroe. SECTION 1. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same, That so much of an Act entitled an Act to make permanent the site of the public buildings of the county of Walton at Monroe, and to incorporate the same, approved November 30, 1821, as provides for the incorporation of the said town of Monroe, and all Acts amendatory thereof relating to the municipal government of said town and the powers conferred upon the same, be, and the same are, hereby repealed, so as to repeal the charter of said town. Monroe, repeal of charter. SEC. 2. Be it further enacted by authority of the same, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved December 3, 1896. MONROE, CITY OF INCORPORATED. No. 5. An Act to incorporate the city of Monroe, in the county of Walton, and define its limits; to provide for a mayor and council and other officers of said city and prescribe their powers and duties; to provide for all matters of municipal concern and cognizance, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, That the inhabitants of the territory embraced within the limits of three-quarters of a mile in every direction from the courthouse in Monroe, in the county of Walton, be incorporated under the name and style of the city of Monroe, and said city is hereby incorporated. City of Monroe, corporate limits.

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SEC. 2. Be it further enacted by the authority aforesaid, That the municipal government of said city shall be vested in a mayor and six councilmen who shall have been bona fide residents of said city for one year preceding their election to said offices. Said municipal government shall be styled the mayor and council of the city of Monroe, and by that name are made a body corporate; as such they shall have perpetual succession, shall have a common seal, may contract, hold, possess, sell and convey for the use of said city, real or personal property of any kind; may sue and be sued; and may pass such ordinances, resolutions and by-laws for the government of said city that they may deem proper, not in conflict with this charter or the constitution and laws of this State or of the United States. Mayor and council a body corporate. SEC. 3. Be it further enacted by the authority aforesaid, That said mayor and six councilmen shall be elected on the first Thursday in December, 1896, and annually thereafter on the first Thursday in December, by the qualified voters of said city, and their term of office shall be one year from the date of their election, or until the election and qualification of their successors; except when a vacancy occurs in said board, either by death, resignation, or otherwise, when a special election may be called by the remaining members of said board by giving thirty days' notice, to be posted at three or more public places, after which time said election shall be held under the same rules and regulations as a regular election for mayor and councilmen. Election of. SEC. 4. Be it further enacted by the authority aforesaid, That said elections shall be held at the court-house in said city, and at one other place near the Monroe Cotton Mills, the latter place to be fixed and made a regular election precinct in the discretion of the mayor and council of said city, notice of which shall be posted at three or more public places in said city ten days before the first election to be held at said place. Held, when and where. SEC. 5. Be it further enacted by the authority aforesaid, That the managers at said elections shall be a justice of the peace and two freeholders, or three freeholders, at each precinct, all to be residents of said city, and before entering on their duties as managers of said elections they shall each subscribe to the following oath: All and each of us do swear that we will faithfully superintend this day's election; that we are justices of the peace or freeholders (as the case may be), residing in the city of Monroe; that we will make a just and true return thereof, and we will not knowingly permit any one to vote in this election unless we believe that he is entitled to vote according to the law of said city, nor will we knowingly prohibit any one from voting who is by law entitled to vote;

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said affidavit to be signed by each manager in the capacity in which he acts. Said oath may be administered by any person in the city of Monroe or the county of Walton qualified to administer oaths, or, if no such officer can be had, said superintendents may swear each other. Election managers. SEC. 6. Be it further enacted by the authority aforesaid, That the polls at all elections held in and for said city shall be open from 8 o'clock A. M. till 4 o'clock P. M., when they shall be closed, and the managers of said elections shall proceed to count the ballots and consolidate the returns of said election and certify the same. They shall keep two lists of voters and two tally-sheets, and shall make a certificate of the result on each tally-sheet, placing one of the lists of voters and one tally-sheet in the ballot box with the tickets voted in said election, seal them up and turn the same over to the marshal, who shall keep the same for twenty days after the election, and after the expiration of that time he shall destroy the same without inspection, unless notice of a contest has been filed. The other list and tally-sheet shall be turned over to the clerk of council. Elections returns. SEC. 7. Be it further enacted by the authority aforesaid, That all persons residing in said city of Monroe who are qualified to vote for members of the General Assembly of the State, who have paid all the taxes and done all the work on the streets required by the authorities of said city and shall have resided in said city for the full term of six months previous to the day on which said election may be held, and shall have registered as hereinafter provided, shall be considered elections and be entitled to vote in said city elections, and no others shall be qualified to vote. Electors. SEC. 8. Be it further enacted by the authority aforesaid, That the clerk of said city council shall keep a book in which the voters of said city shall register their names and ages, or, if the person who desires to register cannot write his name, the clerk shall sign his name for him in said book, after the applicant has read, or the clerk has read to him, the following oath written or printed in said book, the person swearing and subscribing to the same: I do solemnly swear that I am twenty-one years of age, or will be by the time of the election now next to be held in said city; I have resided in the State of Georgia twelve months, or will have resided in said State twelve months by the time of said election; I have resided in the city of Monroe or will have resided in said city six months by the time of said election; I have paid all taxes, State, county, and municipal, required of me except for the present year, and I am not otherwise disqualified to vote in said election. Registration. SEC. 9. Be it further enacted by the authority aforesaid, That

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said clerk of council shall open said registration book thirty days before any election to be held in said city of Monroe, and shall proceed to register the voters of said city as already provided, and shall keep said registration book open until ten days before the city election, when he shall close said book and allow no other person to register; and shall immediately file said book of registered voters with the registrars of said city hereinafter provided for, and said clerk shall write his certificate at the close of the said list of registered voters so registered, stating that same is a true and correct list of all the voters registered by him, and that he has not allowed any one to register that was not in his opinion entitled to register and vote under the laws of said city, in the election next to be held. Registration book. SEC. 10. Be it further enacted by the authority aforesaid. That the mayor and council of said city shall, within thirty days after their qualification, appoint two intelligent and upright freeholders of said city to be known as registrars of voters for the city of Monroe, the said mayor and council having the right to fill vacancies in said board of registrars at any meeting of the mayor and council when a quorum is present; and it shall be the duty of said registrars to receive said certified list of registered voters from the clerk of council at the time before mentioned, and to proceed to examine said list of registered voters and from it make out two or more complete lists of the qualified voters of the city of Monroe. Said registrars shall place no name on said lists that does not appear on the list filed with them, unless it be made to appear that such name was illegally withheld from said list; and they shall be satisfied that all names taken from the clerk's list are qualified to vote in the next election before they place said names upon the lists prepared by them. Registrars. SEC. 11. Be it further enacted by the authority aforesaid, That in preparing said lists and in investigating the qualifications of voters, said registrars shall have the smae power to subp[oelig]na and compel the attendance of witnesses, hear evidence under oath, and punish for contempt, that the mayor of said city has under this charter while holding his court; and they shall have the same power to require the marshal of said city to sub[oelig]na witnesses and perform other services necessary to said investigation. Power of registrars. SEC. 12. Be it further enacted by the authority aforesaid, That said registrars, after they have completed said lists, shall certify the same to be complete and correct lists of the registered voters of said city, and on the day on which the election is to be held, at the time of opening the polls, shall place one of the said lists in the hands of the managers at each precinct, if more than one be open, and if only one is open, in the hands of the managers of said election,

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and said managers shall permit no person to vote whose name does not appear on said list. Lists of registered voters. SEC. 13. Be it further enacted by the authority aforesaid, That any person who shall register in the book kept by the clerk of council who is not entitled to register under the laws of said city, or if the clerk allows any person to register whom he knows is not entitled to register in said book, or if the registrars of said city allow any person to register whom they know is not entitled to register, or if any person procures any one to register who is not entitled to register, or if the clerk or registrars shall knowingly make a false certificate to said lists, for any one of said violations of this law by any of the persons named, the person who violates the same shall be guilty of a misdemeanor and be punishable as prescribed in section 4310 of the Code of 1882, after endictment or presentment by the grand jury of said county. Illegal registration, penalty for. SEC. 14. Be it further enacted by the authority aforesaid, That the mayor and councilmen elected at a regular election, or to fill a vacancy, before entering upon the duties of his or their office, shall take and subscribe the following oath, in addition to the oath required by law to be taken by all civil officers of this State: I do solemnly swear that I will well and truly perform the duties of mayor (or councilman, as the case may be) of the city of Monroe, by adopting such measures as in my judgment will most promote the general welfare of the inhabitants of said city and the common interest thereof, so help me God. Mayor and councilmen, oath of. SEC. 15. Be it further enacted by the authority aforesaid, That the salaries of the mayor and councilmen of the city of Monroe shall be fixed by them at their first meeting after their election and shall be entered on their minutes not to be changed during their term of office; provided, the salary of the mayor shall in no year exceed the sum of $200. They shall also elect a marshal, clerk and treasurer and appoint all other officers necessary for carrying out the provisions of this charter, and fix their compensation as soon as practicable. The clerk and treasurer may be elected from among the councilmen, or any other citizen of the city may be elected, and the same person shall be eligible to hold at the same time the offices of clerk, treasurer, tax-receiver and tax-collector. The mayor and council may provide for taking bond and security from each of said officers, and prescribe an oath of office to be administered to them respectively. Salaries of. Marshal, clerk, and treasurer. SEC. 16. Be it further enacted by the authority aforesaid, That at the first meeting of said mayor and council they shall appoint one of their number as mayor pro tem., who shall have authority to

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discharge all the duties of mayor, whenever from sickness, absence, or any other cause the mayor is disqualified or unable to act. Mayor pro tem. SEC. 17. Be it further enacted by the authority aforesaid, That the mayor and each councilman shall be ex officio justice of the peace in said city for the purpose of issuing warrants for offenses against the penal laws of the State committed within the corporate limits of said city, and for binding or committing to jail the offenders to appear in any court having jurisdiction of such offense. Whenever it appears, in the course of an investigation of any case in the mayor's court of said city, that a case has been made out for the violation of any criminal law of this State, it shall be the duty of said mayor or mayor pro tem., in default of such bond as may be required, to bind over said offender to appear in any court having jurisdiction of the offense or to commit such offender to the county jail, and the sheriff or jailer of said county of Walton is required to receive said offender, and, if after said offender is committed he desires to give bail, it shall be the duty of the sheriff to bring him before the mayor, who shall assess and approve his bond. Peace officers. SEC. 18. Be it further enacted by the authority aforesaid, That the mayor and council of said city shall meet for the transaction of business at such times and places as they prescribe. At all such meetings the mayor, if present, shall preside, and he may vote in case of a tie; he may also vote in all elections for officers who are elected by the board, whether there be a tie or not; the mayor and four members of council to constitute a quorum for the transaction of business. A less number, in the absence of a quorum, may adjourn a regular meeting to a future time. Meetings of council. SEC. 19. Be it further enacted by the authority aforesaid, That said mayor and council shall have power to pass all ordinances, by-laws and resolutions, and adopt all regulations which they may deem necessary to the good government of said city, the protection of the property, peace, good order, health, comfort and convenience of the citizens thereof, and to fix suitable penalties for the violation of the same. They may provide for punishing violations of their ordinances, by-laws, resolutions or regulations by fine, imprisonment in the city prison or working in the chain-gang on the streets of said city, the fine in no case to exceed $100, the imprisonment in no case to exceed ten days, and the sentence to work in the chain-gang in no case to exceed thirty days; but they may provide for the inflicting of either or all of said penalties for the same offense. All the ordinances, by-laws, resolutions and regulations adopted by the mayor and council shall be entered on the minutes by the clerk. General powers of council. SEC. 20. Be it further enacted by the authority aforesaid, That

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said mayor and council shall have superiutendence and control of the streets, sidewalks, bridges and alleys, and of the public square, the parks and cemeteries of said city, and may prohibit or remove all obstructions or encroachments thereon, or interference therewith; and they shall have power to regulate and control the location of cemeteries and burial of the dead within the corporate limits of said city. They are vested with power to lay out and open new streets or alleys, to widen or straighten any of the streets, sidewalks or alleys of said city, and to assess whatever damage any property holders may incur by any such widening or straightening in the manner now prescribed by law, which damage shall be paid out of the city treasury. Said mayor and council shall have full power to pave or otherwise improve the sidewalks of said city with whatever material and in whatever manner they may deem proper and best. Streets, etc. SEC. 21. Be it further enacted by the authority aforesaid, That said mayor and council shall have power to remove or abate any nuisance in any part of said city, whether on the streets or elsewhere, under such rules and in such manner as they prescribe by ordinance or resolutions. And it shall be their duty to prevent by suitable penalties the running at large of stock, horses and mules, cattle, hogs, sheep or goats, within the city limits, and to provide for impounding the same. Nuisances. SEC. 22. Be it further enacted by the authority aforesaid, That said mayor and council may levy and collect for city purposes a tax, not to exceed 25 cents on every hundred dollars, on real estate and personal property of every kind in said city, that may at the time being be taxable by the laws of the State of Georgia. In all cases the order levying taxes shall be recorded in the minutes of the board, and shall specify for what purposes it is levied and how much for each purpose. That all persons owning or holding any property taxable by law within the corporate limits of said city, on the first day of April of each year after the approval of this Act, shall return the same for taxation under oath at any time from the first day of April up to and including the first day of June in each year, to the tax-receiver of said city. Said tax-receiver may make the same objection to said tax returns as are allowed by law to the tax-receivers of said State, and differences may be arbitrated as provided for tax returns for State and county. Ad valorem tax. SEC. 23. Be it further enacted by the authority aforesaid, That said mayor and council shall also have power to fix and collect a special tax or license upon all kinds of business, calling, profession or occupation carried on within the corporate limits of said city; they shall have power to tax, license, control and regulate all opera

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houses, livery stables, hacks, drays and other vehicles used for hire, vendue-masters, auctioneers, theatrical performances, shows, circuses and exhibitions of all kinds, peddlers and all itinerant traders, save such as are excepted by the laws of said State, every keeper of a billiard, pool or bagatelle table kept for public use or game, every keeper of a shooting-gallery, or tenpin-alley, or the keeper of any other table, place or stand for the performance of any game or play, whether played with sticks, balls, dice, rings or other contrivance; also any person running a flying-jenny or flying-horses, bicycles, velocipedes or skating-rinks for gain; they shall have power to fix penalties against any and all persons carrying on any of said occupations, or exercising any of such privileges, without having first obtained said license and paid tax therefor. Special tax. SEC. 24. Be it further enacted by the authority aforesaid, That the mayor and council of the city of Monroe shall have power to fix and establish fire limits, within which as established it shall not be lawful for any person to build or cause to be built other than fire-proof buildings, except by special permission of a majority of the board, and from time to time said mayor and council may enlarge, restrict or change said fire limits; they shall have power to provide a fire department and a system of fire alarms, and in case of an offense against such fire regulations the said mayor and council, after having given five (5) days' notice, shall cause any building not fire-proof so erected in violation of the ordinances of said city to be removed at the expense of the owner or builder thereof, to be collected by execution as in the case of other executions executed by said city; and said mayor and council shall have the right to determine what are and what are not fire-proof buildings within the meaning of said ordinances; the said mayor and council shall have the power to remove any forge or blacksmith shop when, in their opinion, it is necessary to insure safety against fire; they shall have the power to have any stove or stovepipe or chimney, or other thing which shall endanger said city as to fire, to be removed or remedied at the expense of the owner, in their discretion. Fire limits. SEC. 25. Be it further enacted by the authority aforesaid, That the mayor and council of said city shall have power to pass any ordinance not in conflict with the constitution or the laws of this State or the United States, to prohibit the storage or keeping of wines, beer, malt, alcoholic or intoxicating liquors of any kind, for any illegal purpose within the corporate limits of said city, and to punish any person for violating the said laws or ordinances. Liquor, storage of. SEC. 26. Be it further enacted by the authority aforesaid, That the mayor and council shall have complete control of the manufacturing, wholesaling and retailing of spirituous, vinous and malt

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liquors in said city, whenever by existing laws of this State it may be lawful to manufacture or to sell at wholesale or at retail such liquors in said city; and to that end said mayor and council shall have power to grant or to refuse to grant license to sell or to manufacture, to prescribe how and in what manner such liquors shall be sold or manufactured, and to prescribe such regulations for the management of such places where the same may be sold or manufactured as to them may seem reasonable and proper, and to require bond and security to keep a decent and orderly house and observe the ordinances, rules and regulations so prescribed. No license fee under this section shall be less than five hundred dollars per annum to retail, sell by wholesale, or manufacture such liquors; provided, that nothing herein contained shall be construed to confer upon said mayor and council power to license such sale at wholesale or retail under the law now in force. Manufac- and sale of. SEC. 27. Be it further enacted by the authority aforesaid, That said mayor and council shall have power to require every male inhabitant in said city between the ages of sixteen and fifty years to work such length of time on the streets of said city as said mayor and council shall direct, not to exceed ten days for one year. Said persons so subject to work on the streets shall have the right to relieve themselves of such work by paying a commutation tax, which the mayor and council shall fix by ordinance, and which tax shall in no event exceed three dollars for one year; said work to be done and said commutation tax to be paid at such times as the mayor and council may direct. Any persons subject to work on said streets, who shall fail to work or pay such commutation tax after being properly notified shall be punished as may be prescribed by said mayor and council. Commutation tax. SEC. 28. Be it further enacted by the authority aforesaid, That in all cases where any taxes, fines, commutation taxes, or license fees are not paid when due, the tax-collector of said city shall issue executions against said delinquents, which execution shall be directed to the marshal of said city and his deputies, and it is hereby made the right and duty of said marshal and his deputies to proceed to levy and collect such fi. fas. as in case of fi. fas. issued for State and county taxes. Fi. fas. for all dues to city. SEC. 29. Be it further enacted by the authority aforesaid, That the mayor shall be the chief executive officer of said city, and shall take care that the orders, by-laws, acts, resolutions and regulations of the council are faithfully executed. He shall make and publish annually a full report showing the exact condition of the city and of its finances, and shall require reports from the other officers of the city, showing the exact status of the affairs of each office. He

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shall have general jurisdiction of the affairs of said city; he shall have control of the police of said city, and may appoint special policemen whenever in his judgment it is necessary; and he shall have the same powers as a justice of the peace to witness and attest papers, to administer oaths, to issue criminal warrants and hold courts of inquiry. Mayor, powers of. SEC. 30. Be it further enacted by the authority aforesaid, That there shall be a mayor's court in said city for the trial of all offenders against the laws and ordinances of said city, to be held by the mayor in the council chamber in said city as often as is necessary. In the absence or disqualification of the mayor, the mayor pro. tem. shall hold said court, and in the absence or disqualification of both the mayor and mayor pro. tem. any three members of the council may hold said court. In holding said court, the mayor or mayor pro. tem. may associate with him one or more members of the council. Said court shall have power to preserve order and compel the attendance of witnesses, and to punish for contempt by imprisonment not exceeding ten days, or fine not exceeding ten dollars, either or both. Mayor's court. SEC. 31. Be it further enacted by the authority aforesaid, That the said mayor's court shall have full power and authority, upon conviction, to sentence any offender to labor on the streets, or any other works in said city, for a period not exceeding thirty days, or to impose a fine not exceeding one hundred dollars, or to sentence the offender to be imprisoned in the city prison, or other place of confinement in said city, for a period not exceeding ten days; either one or more, or all of said penalties, may be inflicted for said offense, in the discretion of said court. Punitive powers. SEC. 32. Be it further enacted by the authority aforesaid, That the marshal, deputy marshal, or any special policeman, lawfully appointed in said city, may arrest, without a warrant, any person he may see violating the ordinances of said city, or any person reported to him as having violated said ordinances, and bring the offender before the mayor's court for trial, and to this end may summon any citizen or citizens of said city as a posse to assist in such arrest. When brought before the mayor's court, a written or printed accusation shall be preferred against the offender in manner and form as follows: Arrests. State of Georgia, City of Monroe. I __________ marshal of said city (or deputy marshal, or special policeman of said city, as the case may be), in the name and behalf of the mayor and council of said city, charge and accuse

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_____ _____ with the offense of (here state the offense substantially), committed in the city of Monroe on _____ day of _____, contrary to the laws of said city, the peace, good order and dignity thereof. This _____ day of _____. and the same shall be signed by the officer making the arrest, or the city marshal as prosecutor; and when such accusation is preferred, the same shall be sufficient to hold the accused until the trial of the case, and to that end the accused may be imprisoned, unless he or she gives good and sufficient bond and security for his or her appearance at such times as may be required; such bond to be adjudged of and approved by said marshal or said arresting officer, and if the accused fails to appear at the time fixed for the trial, and from time to time until the final disposition of the case, then the bond may be forfeited by the said court and execution issued thereon by the clerk of council, by first serving the principal, if to be found, and also the securities on the bond with a rule nisi. Such rule shall be signed by the mayor and clerk, and should there be a defense to said rule, the same shall be heard by the mayor's court with the right of certiorari to the superior court of the county of Walton. SEC. 33. Be it further enacted by the authority aforesaid, That it shall be the duty of the marshal of said city to prosecute all offenders against the laws of the State of Georgia for crimes and misdemeanors committed within the limits of the city of Monroe; it shall be his duty to arrest, or cause to be arrested, all disorderly persons, and all persons committing or attempting to commit any crime or misdemeanor, and to commit them to the city prison or other place of confinement to await trial; and it shall be his duty to execute all processes and orders of the city, and to discharge any and all other duties imposed upon him by the laws, ordinances, rules or regulations of said city. Marshal prosecutor. SEC. 34. Be it further enacted by the authority aforesaid, That all processes, writs and subp[oelig]nas issued in behalf of said city shall be directed to the marshal of said city and signed in the same manner as executions. All executions issued in behalf of said city for the collection of taxes, fines, forfeitures, or for any other purpose shall be directed to the marshal, signed by the clerk and mayor; and all sales by the marshal of said city if of personal property shall be advertised by posting the advertisements in three public places in said city for ten days before the sale, and, if the sale is of real property, the marshal shall advertise the same for four weeks in the public gazette in which the sheriff's advertising for the county is done, and shall sell such real estate only on first Tuesdays. All

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sales by the marshal shall take place in front of the court-house door in said city and within the legal hours of sheriff's sales; and when a claim of illegality is filed (which shall be governed by the same rules that govern the filing of claims or illegalities in the courts of said State, to which the same are made returnable under this section), the marshal shall not sell; but in case of personal property, the claim of illegality shall be returned to the county or city court of said county, or, if there be no county or city court in said city, then to the justice's court of the district in which said city is situated, unless the amount exceeds the jurisdiction of said courts, then the same shall be returnable to the superior court of Walton county; and in case a claim or illegality is interposed to the sale of real estate, the same shall be returnable to the superior court of said county of Walton. Marshal's sales. SEC. 35. Be it further enacted by the authority aforesaid, That the officers of said city shall charge such fees for the services required of them under the laws of said city as the mayor and council may prescribe by ordinance, not to exceed the fees paid to sheriffs, bailiffs, tax-collectors, and justices of the peace for like services. Said fees to be by them turned into the treasury of said city of Monroesaid officers to receive no remuneration for their services except the salary of their office, to be fixed as heretofore provided. Fees of officers. SEC. 36. Be it further enacted by the authority aforesaid, That the expenditures of said government and the compensation of its officers shall be paid out of the city treasury, by an order drawn by the clerk of council on the city treasurer and countersigned by the mayor, or in his absence by the mayor pro tem. Said treasurer shall keep a book in which he shall make an entry of all sums of money paid out by him, and to whom and for what purpose paid. Said book shall be subject to the inspection of the mayor and council, or of either, at any and all times; and it shall be subject to a reasonable inspection by any citizen of the city of Monroe, as all other public records are. Payments by city. SEC. 37. Be it further enacted by the authority aforesaid, That the mayor and council of said city shall have power and authority to establish a chain-gang to be worked upon the streets or at such other places in said city as said mayor and council may direct, and to pass all ordinances and to adopt such rules and regulations as are necessary for the maintenance and regulation of the same, and may provide by ordinance for the punishment of escapes in the same manner as for violations of the ordinances under which said person or persons escaping were convicted. Chain-gang SEC. 38. Be it further enacted by the authority aforesaid, That

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the mayor and council shall have power, after each election, to select two physicians, who with two members of the council to be selected shall constitute the board of health of said city, a majority of whom shall be a quorum for the transaction of business. It shall be the duty of said board of health to meet weekly, or as often as may be necessary, to visit every part of the city, or to report to the mayor and council all nuisances which are likely to endanger the health of the city or of any neighborhood. The mayor and council shall have power to cause such nuisances to be abated, and their recommendations to be carried out in a summary manner at the expense of the party whose act or negligence caused such nuisance, or of the owner of the property upon which the same may be located, if such owner is in fault. The mayor and council shall have power, upon the recommendation of the board of health, to require the owners or occupants of lots or cellars, within the city limits, to drain or fill the same to the level of the streets or alleys upon which said lots or cellars are located, and in case of failure or refusal by such owners or occupants to do so, after reasonable notice to them, or their agents, to comply with the requirements of mayor and council as to draining and filling, it shall be lawful for said mayor and council to have the work done, and the amount expended therefor collected by execution against the owner or occupant of the lot or cellar, as the case may be, issued by the clerk of said council, and sale under said execution shall pass as complete and perfect title to the property sold as a sale by the sheriff under judgment and execution. Board of health. SEC. 39. Be it further enacted by the authority aforesaid, That any citizen who is qualified to vote under the laws of said city, who is twenty-one years old, and has resided in said city for one year immediately preceding his election, shall be eligible and qualified to hold the office of mayor or councilman of said city, unless otherwise disqualified by law. Eligibility. SEC. 40. Be it further enacted by the authority aforesaid, That Robert L. Nowell, mayor, W. H. Nunnally, B. S. Walker, James M. Day and C. T. Mobley shall be, and they are, hereby declared to be the mayor and council of said city for the purpose of carrying into immediate effect this Act upon its passage. It shall be their duty to provide for a special registration of voters for said city, under the rules and regulations hereinbefore prescribed, and to hold a special election for mayor and councilmen under this charter within sixty days after the passage of this Act, giving at least thirty days' notice of the time and place thereof. The mayor and council elected at such special election shall hold office until the next regular municipal election provided for in this charter,

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and until their successors are elected and qualified. Pending the election and qualification of a mayor and council at such special election as aforesaid, the said Robert L. Nowell, as mayor, and said W. H. Nunnally, B. S. Walker, James M. Day, and C. T. Mobley, as councilmen, constituting for the time being the mayor and council for said city, shall have and exercise all the powers, and shall be charged with all the duties, of the mayor and council to be elected under the provisions of this Act. Such ordinances, rules or regulations that they may pass or adopt, to carry into effect the provisions of this Act, shall remain of force until repealed or modified by the mayor and council elected under the provisions of this Act. Mayor and councilmen appointed. SEC. 41. Be it further enacted by the authority aforesaid, It is further enacted that the city of Monroe shall assume all the lawful indebtedness of the town of Monroe, and the same shall be collectable as if contracted by the said city of Monroe. Town of Monroe. debts of. SEC. 42. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved December 3, 1896. OAKLAND CITY, TOWN OF, CHARTER AMENDED. No. 41. An Act to amend the charter of the town of Oakland City, so as to allow persons convicted of violation of the ordinances of said town to be sentenced to work on the chain-gang of Fulton county instead of the streets of said town, in default of the payment of the fine imposed by the city municipal court, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act the officer holding the municipal court of the town of Oakland City in Fulton county shall have the power, in addition to the powers given in the charter of said town, to sentence any person convicted of a violation of any of the ordinances of said town, in default of the payment of such fine as may be imposed, to work in the chain-gang of Fulton county instead of working on the streets of said town as now provided by law, in the same manner and for the same length of time that such offenders would be sentenced to work on the streets of said town. Chain-gang.

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SEC. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved December 17, 1896. PLAINS, TOWN OF INCORPORATED. No. 50. An Act to incorporate the town of Plains, in the county of Sumter, to grant certain powers and privileges to the same, and for other purposes pertaining thereto. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, That the town of Plains, in the county of Sumter, be, and the same is, hereby incorporated as a town under the name of the town of Plains. The corporate powers of said town shall be vested in a mayor and four councilmen, and by the name of the mayor and councilmen of the town of Plains they may sue and be sued, plead and be impleaded, and exercise all other corporate powers that may be necessary in the performance of their trusts. Town of Plains incorporated. Mayor and councilmen. SEC. 2. Be it further enacted by the authority aforesaid, That the corporate limits of said town shall extend one-half mile from depot of G. A. R. R., in every direction. Corporate limits. SEC. 3. Be it further enacted by the authority aforesaid, That on the first Monday in January, 1897, there shall be held in the said town an election for mayor and four councilmen, who shall hold their office for the term of two years from that date, or until their successors are elected and qualified, and second year thereafter a like election shall be held. At all elections all persons who are qualified to vote for members of the General Assembly of Georgia, under existing laws, and who have been bona fide residents of the said town for sixty days immediately prior to the election to be held, and who, before registering, as hereinafter required, have paid all taxes of every description legally imposed and demanded by the authority of the town, who shall have been duly registered as hereinafter required, shall be qualified voters. All of said elections shall be conducted under the management of a justice of the peace and two freeholders, residents of the town, not candidates in the election, may manage the same. The said managers shall conduct the said elections as nearly as practicable as elections for members of the General Assembly are conducted. The polls at said

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elections shall be opened at 10 o'clock A. M. and closed at 3 o'clock P. M. The managers at each and all of the elections shall, before proceeding with the election, take and subscribe the following oath: All and each of us do swear that we will faithfully superintend this day's election; that we are qualified by reason of being freeholders, or a justice of the peace (as the case may be) to hold the same; that we will make a just and true return thereof, and not knowingly permit any one to vote unless we believe he is entitled to do so according to the charter of this town, nor knowingly prohibit any one from voting who is entitled, and that we will not knowingly divulge for whom any vote was cast unless called upon under the law to do so, so help us God. Said affidavit shall be signed by each superintendent or manager in the capacity in which he acts. Said oath shall be made and subscribed before some officer authorized to administer oaths, if such be present, and if no such officer be present, said oath may be made and subscribed by each manager in the presence of others. The managers at the first election held under this charter shall issue a certificate of election to each of the persons elected, which shall be recorded on the records of said town. Said certificate shall be sufficient authority to each of the persons elected to enter upon the discharge of their official duties, after qualification as hereinafter provided. The managers of each subsequent election shall issue to the newly elected mayor and councilmen a like certificate, as shall also certify the result of the election to the acting council, and the last said certificate shall be entered on the records of said mayor and town council. Said managers shall also furnish the town council one of the tally sheets of said election, certified to by themselves as correct. In the event that the mayor or any member of the council shall die, resign or be removed from office, there shall be an election ordered to fill the vacancy, which shall be done by the mayor, or in case there is no mayor, by a majority of the councilmen, upon ten days' notice in writing in two of the most public places in the town, which election shall be held and conducted as hereinbefore provided. Election of mayor and councilmen. Managers of election. Oath of Vacancy. SEC. 4. Be it further enacted by the authority aforesaid, That before entering upon the discharge of their duties, the mayor and councilmen shall take and subscribe the following oath: I do solemnly swear that I will faithfully discharge all the duties devolving upon me as a mayor (or councilman, as the case may be) of the town of Plains, Sumter county, Georgia, to the best of my ability and understanding, so help me God, which oath may be administered by any officer who, under the laws of Georgia, is auhorized to administer oaths. Mayor and councilmen, oath of.

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SEC. 5. Be it further enacted by the authority aforesaid, That after the first election held under this charter no person shall be allowed to vote in any election for said city who has not been duly registered as hereinafter provided. Voters. SEC. 6. Be it further enacted by the authority aforesaid, That it shall be the duty of the clerk and treasurer on the first Monday in December, of every two years, to open a registration book or books for the registration of the qualified voters of said town. Said list shall be kept open from 9 o'clock A. M. until 12 M. and from 2 o'clock P. M. until 5 o'clock P. M. each and every day (Sundays and legal holidays excepted) until the fourth Monday in December, when it shall be fairly and absolutely closed. It shall be the duty of the said clerk and treasurer, upon application in person, and not by proxy, of any male citizen who is qualified to vote for members of the General Assembly, who has paid all taxes of every character legally imposed and demanded by the authority of the town, and who, upon the day of election, if there a resident, will have resided in the town for sixty days prior next thereto, to register the name of such person, recording on such list besides the applicant's name, his age, occupation or business. Said clerk and treasurer shall not knowingly permit any one to register who is not lawfully entitled to do so, and may, in any case, before registering the applicant, administer unto him the following oath: You do solemnly swear that you are a citizen of the United States, that you have resided in Georgia for twelve months, in the county of Sumter for six months, and in this town for sixty days next preceding this registration, or that by the date of the next town election, if still a resident of the town, you will have fulfilled these conditions; that it is your intention to remain a resident of this town until the date of the election for which this registration is taken; that you are twenty-one years old, and that you have paid all the taxes due the town of Plains, and that you have made all the returns required of you by the ordinance of this town, so help you God. Registration. SEC. 7. Be it further enacted by the authority aforesaid, That any person voting at any town election, who is not qualified to vote according to the provisions of this charter, shall be guilty of a misdemeanor, and upon conviction thereof in either the superior court, or the county court of Sumter county, Ga., or in any other court having jurisdiction of misdemeanors committed in said county, he shall be punished as prescribed in section 4310 of the Code of this State, 1882. Penalty for illegal voting. SEC. 8. Be it further enacted by the authority aforesaid, That said mayor and councilmen shall have power and authority to pass all laws and ordinances that they may deem necessary for the good

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government of said town, the protection of the health, life, liberty, security and property of the inhabitants thereof, and have and enjoy all the rights, privileges, and powers incident to such corporations, which does not militate against, or which is not repugnant to the constitution of the laws of the United States, or the State of Georgia; that they may be capable in law and equity to have and purchase, hold and receive, enjoy and possess and retain unto themselves and their successors in office, for the use of the town of Plains, any estate, real or personal, the property of or belonging to said corporation, of whatever kind or nature, and shall have power to sell, alien or lease any real estate or personal property, the property of or belonging to said corporation, to convey the same, or any part thereof in any manner or way as may seem to them best. Powers of mayor and council. SEC. 9. Be it further enacted by the authority aforesaid, That said mayor and councilman shall have power to levy and collect a tax, not to exceed one per cent. of taxable property in said town, upon all property, real and personal, within the corporate limits of said town, and the same shall be enforced by execution issued by the clerk of said town in the name of the mayor, all levies to be made by the marshal of said town, and to be made and conducted in the same way and manner, and under the same rules and regulations as sheriff sales under tax executions. They shall also have power to require all persons within said corporate limits, who are subject to road duty under the laws of this State, to work the streets of said town, at such time as in their opinion is needful, or they may prescribe a commutation tax which may be paid in lieu of work upon the streets of said town. Tax. SEC. 10. Be it further enacted by the authority aforesaid, That the mayor of the said town of Plains shall be the executive officer of said town, and in his absence the mayor pro tem. (who shall be elected by the councilmen from their number). He shall see that the laws of the said town, the ordinances, the by-laws, rules and regulations, and orders of the council are faithfully executed. He shall have control of the marshal and police of the town, and may appoint special police whenever he may deem it necessary, and it shall be his duty to see especially that the peace and good order of the town is preserved, and that all persons and property therein are fully protected, and to this end he may cause the detention of all riotous or disorderly persons in said town. He shall have power to impose fines, not to exceed the sum of fifty dollars, or to sentence any oflender against the laws or ordinances of the said town, to be confined in the guard-house of the said town, or be required to work upon the streets or public works in said town, for

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any length of time not to exceed thirty days, or both in his discretion, whenever they have violated any of the laws, by-laws, rules, or orders of the council, or the ordinances of said town. Mayor, powers of. SEC. 11. Be it further enacted by the authority aforesaid, That said mayor and councilmen, after their first meeting after the passage of this Act, and at their first meeting after each annual election, shall elect a clerk and treasurer of said town, either from among their own number or from among the citizens of said town, and they shall also elect a marshal of said town, either from among the citizens of said town or any other person that they may see fit to elect. The clerk and treasurer and the said marshal shall each make and give to the mayor and council a bond, in an amount to be fixed by them, and to be approved by the mayor, and made payable to him, conditional for the faithful performance of their duties. Clerk and treasurer. Marshal. SEC. 12. Be it further enacted by the authority aforesaid, That the said clerk and treasurer and the said marshal shall each receive such salaries or fees as they may fix and deem just and proper, subject to be changed at any time. The mayor and councilmen shall receive such salaries and be allowed such exemption as shall be ordered by the ordinance of said town. Salaries of officers. SEC. 13. Be it further enacted by the authority aforesaid, That the mayor and council shall have the authority to tax all shows, auctioneers, sleight of hand performances, gift enterprises, and all business trades, and callings, and establishments in said town as they may deem proper and just; provided, the same is not repugnant to the Constitution and laws of the State. License tax. SEC. 14. Be it further enacted by the authority aforesaid, That the keeping for sale, selling, or offering for sale of spirituous, vinous, malt, intoxicating liquors, within the corporate limits of said town shall be, and is, hereby prohibited forever, 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 that prohibition by the enactment of necessary ordinances with suitable penalties for violation. Liquor, sale of prohibited. SEC. 15. Be it further enacted by the authority aforesaid, That the mayor and council shall have the power and authority to do any and all things which are usually done by corporations of like character in this State, which are not contrary to the Constitution and the laws of the United States, or of this State. General powers of mayor and council. SEC. 16. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved December 17, 1896.

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ROCHELLE, CITY OF INCORPORATED. No. 109. An Act to reincorporate the town of Rochelle, Wilcox county, Georgia, into the city of Rochelle, to provide for a public school system for said city of Rochelle and the issue of bonds therefor, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that from and after the passage of this Act the inhabitants of the territory now embraced in and known, and heretofore incorporated as the town of Rochelle, located in the county of Wilcox, State of Georgia, be, and they are, hereby incorporated under the name of the city of Rochelle, and by that name shall be, and are, hereby invested with all the rights, powers and privileges incident to municipal corporations of this State, and all rights, powers, titles, property, easements, hereditaments now belonging or in any wise appertaining to the said town of Rochelle, as heretofore incorporated, shall be, and are, hereby vested in the city of Rochelle, as created by this Act. And the said city of Rochelle, created by this Act, may sue and be sued, contract and be contracted with, plead and be impleaded, have and use a common seal, make and enact through its mayor and councilmen such ordinances, rules, regulations and resolutions for the transaction of its business and the welfare and proper government of said city as to said mayor and councilmen may seem best and not inconsistent with the laws of the State of Georgia and of the United States. And the city of Rochelle shall be capable in law to purchase, hold, receive, enjoy, possess and retain in perpetuity or for any term of years, any estate or estates, real or personal, lands, tenements and hereditaments of whatever kind or nature, within or without the limits of said city, for corporate purposes, and to sell, alien, exchange or lease the same or any part thereof. Said city of Rochelle, created by this Act, is hereby made responsible as a corporate body for the legal debts, liabilities and undertakings of the said town of Rochelle heretofore incorporated. Rochelle, town of made a city. General powers. SEC. 2. Be it further enacted, That the government of said city be vested in a mayor and six councilmen, to continue in office until the expiration of the terms for which they were elected, and until their successors are elected and qualified, and that they and their associates and successors have and exercise

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all the rights, power and duties that shall be conferred on the mayor and councilmen of the said city of Rochelle. Mayor and councilmen. SEC. 3. Be it further enacted, That the limits of said city of Rochelle shall be three-fourths ([frac34]) of one mile in every direction from the crossing of Ashley street and Third avenue, that being the central point of said city of Rochelle, and that the mayor and councilmen shall be empowered and authorized in their discretion to divide said city into four wards, and that of the six councilmen hereafter to be elected, one shall be elected from each and two at large, provided said division shall be made. Corporate limits. SEC. 4. Be it further enacted, That annual elections for mayor and six councilmen shall be held on the first Saturday in January, beginning in 1897, and that those receiving the greatest number of votes respectively shall be declared elected to their respective offices, and shall remain in office until the expiration of their respective terms and until their sucessors are elected and qualified; that said election shall be held and conducted as heretofore held and conducted in the town of Rochelle, and that the laws and ordinances in force now in said town governing said elections, together with all other laws and ordinances not repugnant to the laws of this State, shall be continued in force for the purpose of said election and all other purposes; provided, that the law regulating the registration of votes be amended so as to require the clerk of the council of said city to open the books for registration thirty days before any election, and to close the same five days before any election; provided, that those coming of age after the closing of said books and on or before the day of the election, also those completing their term of six months after the closing of said books on or before the day of election, who are in all other respects qualified to vote, shall be entitled to cast their ballot at any election after first swearing to those facts if challenged before the managers of said election. Annual election. Registration. SEC. 5. Be it further enacted, That all persons qualified to vote for members of the General Assembly in this State and who shall have paid all taxes legally imposed and demanded by the authorities of said city and shall have resided in said city for the space of six months prior to the election at which they offer to vote and shall have registered, shall be qualified to vote at any election therein. Qualified voters. SEC. 6. Be it further enacted, That no person shall be eligible to the office of mayor or councilman unless he is twenty-one years of age, a citizen of the United States and of the

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State of Georgia, and shall have resided in said city one year immediately preceding his election and shall have registered legally and paid all taxes due and required of him by said city. Eligibility. SEC. 7. Be it further enacted, That all officers shall be qualified within twenty days from the election of the office to which they have been elected shall be declared vacant. SEC. 8. Be it further enacted, That at the first meeting of the mayor and councilmen after each annual election a mayor pro tempore shall be chosen from among the councilmen. Mayor pro tem. SEC. 9. Be it further enacted, That the oath to be taken by the mayor and councilmen before entering upon the duties of their offices respectively shall be as follows: I do solemnly swear that I will well and truly perform the duties of mayor (or councilman, as the case may be) of the city of Rochelle to the best of my skill and ability during my continuance in office, so help me God. Oath of mayor and councilmen. SEC. 10. Be it further enacted, That it shall be the duty of the marshal of said city, who shall be elected by the mayor and councilmen in a manner to be selected by them and for such terms of office as they may deem fit, to levy all executions in favor of said city, and advertise and sell the property levied on in accordance with the law governing sheriff's sales in this State, have the same power to make deeds and place the purchaser in possession as sheriffs of this State have, but that no person shall be eligible to the office of regular marshal or policeman unless he shall have resided in said city at least six months immediately preceding his appointment; that before entering upon the discharge of his duties all regular marshals shall enter into such bond as the mayor and councilmen may see fit to prescribe; provided, the amount of said bond shall not exceed one thousand dollars, and take an oath to well and truly perform the duties of the office without fear, favor or affection. Marshal. SEC. 11. Be it further enacted, That the mayor of said city shall be the chief executive of the said city of Rochelle, shall see that all laws, ordinances, resolutions and rules of said city are faithfully executed and enforced, and that all the officers of said city discharge the duties required of them. He shall have general jurisdiction of the affairs of said city and full power to superintend the same. He shall preside at all regular meetings of the mayor and councilmen, which shall be monthly, calling extra meetings whenever he may deem it expedient. He shall have no vote at any meetings except in case of a tie, when he shall cast the deciding vote, or when his vote would make a tie.

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The mayor alone shall have authority over the marshal or marshals, whose orders they shall always obey while on duty, and he shall have full power to discharge any marshal or policeman when in the discretion of the mayor there is a breach of official duty and the public welfare demands it. Said marshal thus discharged may appeal to a full board (and for all purposes a majority of the councilmen shall be deemed a full board), but it shall require a two-thirds vote of said full board to reinstate said marshal. On presentation by a marshal or policeman thus discharged with a written request for a hearing before a full board of council, the mayor shall within five days thereafter cause the said board to meet for said purpose, and due notice of the time and place of said meeting be given to all parties interested. The mayor shall have full power whenever he deems the public welfare or safety demands it to appoint any number of policemen and draw his warrant on the treasury in payment for their services, which shall in no event exceed two dollars per day for each policeman so appointed. Mayor, power of. SEC. 12. Be it further enacted, That there shall be a mayor's court in said city for the trial of all offenders against the laws and ordinances of said city to be held by the mayor in the council chamber as often as necessary. In the absence or disqualification of the mayor, the mayor pro tem., who shall be chosen by the councilmen from their number, shall hold said court, and in the absence or disqualification of both the mayor and mayor pro tem., any of the councilmen may hold said court. Said court shall have the power to preserve order and compel attendance of witnesses, punish for contempt by imprisonment not exceeding twenty days, or fined not exceeding twenty dollars, one or both. Said mayor shall have full authority upon conviction to sentence any offender to labor upon the streets or other public works in said city for a period not exceeding ninety days, or impose a fine not exceeding one hundred dollars, or to sentence said offender to be confined and imprisoned in the guard-house or other place of confinement in said city for a period not exceeding ninety days. Either one or more of said penalties may be imposed in the discretion of the mayor or acting mayor. Mayor's court. SEC. 13. Be it further enacted, That for the purpose of raising revenue for the support and maintenance of the city government, the mayor and councilmen of said city shall have full power and authority and prescribe by ordinance for the assessment, levy and collection of an annual ad valorem tax on real and personal property within the corporate limits of said city which is subject to be taxed by the State, said tax not to exceed 1 per cent. upon the

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value of said property for the ordinary current expenses, said taxes to become due and collectable at such time or times as said mayor or councilmen may fix. Any person owning or holding any property, real or personal, within the limits of said city on the first day of March of each year shall return the same for taxation under oath at any time on and from the first day of March until the first day of July of each year to the clerk of said city. Ad valorem tax. SEC. 14. The mayor and councilmen of said city shall have power to require every male inhabitant of said city, between the ages of sixteen and fifty, to work such length of time on the streets of said city as said mayor and councilmen shall direct by ordinance, in no case to exceed ten days in any one year. Said persons so subject to work on the streets shall have the right to relieve themselves of said work by paying a commutation tax, which said mayor and councilmen shall fix by ordinance, and which said tax shall in no event exceed five dollars. Said work to be done and said commutation tax to be paid at such times as said mayor and councilmen may direct. Any person subject to work on said streets who shall fail to work or to pay said tax after being properly notified in writing, shall be punished as in case of all other convictions as heretofore set forth in section twelve of this Act. Street tax. SEC. 15. Be it further enacted, That the mayor and councilmen of said city shall have power and authority to license, regulate and control all opera houses, livery stables, backs, drays, wagons and other vehicles used for hire, vendue-master, auctioneers, itinerant traders, theatrical performers, shows, circuses and exhibitions, and lecturers or lecturers of all kinds, itinerant lightning rod dealers, clock, stove and sewing-machine peddlers, and peddlers of all kind, itinerant dealers in jewelry or medicine, and other travelling and itinerant vendors of articles, wares, merchandise, except such as are excepted by the laws of this State. Every keeper of a pool, billiard or bagatelle table, kept for public use, gain, every keeper of a shooting-gallery, tenpin alley, or any other number of pins, or clay pigeon shooting, and the keeper of any other gallery, table, stand or place for the performance of any game or play, whether played with sticks, balls, cards, dice, except such as are prohibited by the laws of this State, or other contrivances. Also, any person running a flying-jenny, or flying-horses, bicycles, velocipedes, or skating-rinks, photograph galleries or itinerant photographers, all solicitors or canvassers selling goods, wares or merchandise by sample, at retail or to consumers, and all other establishments, businesses, calling or vocations, and which under the laws and constitution of the State are subject to license. Special tax. SEC. 16. Be it further enacted, The mayor and councilmen shall

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have full and complete control of the streets, sidewalks, alleys and squares of said city, and shall have full power and authority to lay off, open, widen or construct, straighten, pave or otherwise change said streets, alleys, squares, and provide by ordinance for prohibiting, removing and punishing any intruder on the same. The said mayor and councilmen shall have power and authority and it shall be their duty to fix the salaries of the said mayor and councilmen and all other officers, agents and employees of said city not heretofore mentioned and provided for in this Act; provided, that the salary of the mayor shall not exceed five hundred dollars per annum, and the salaries of the councilmen shall not exceed fifty dollars per annum. Special tax. Streets, etc. Salaries. SEC. 17. Be it further enacted, That the mayor and councilmen shall have the exclusive right to license, regulate and control the sale of spirituous, vinous, malt or other intoxicating liquors and beverages in said city, to fix the amount to be paid for license, to grant or refuse license to any applicant as to them may seem best, to prescribe how and in what manner such liquors may be sold, to prescribe such regulations for the management or places where such liquors are sold as to them may seem reasonable and proper. Said mayor and councilmen may require a bond in such sums as they may deem just from any dealer at any time to keep a decent and orderly house and observe the ordinances, rules and regulations of said city. Said mayor and councilmen shall have full power to pass any ordinance relative to the sale of said liquors, and to prescribe such restrictions as to them may seem best; provided, that they shall not have the power to fix the license for the sale of said liquors in a sum not greater than five hundred dollars, and not less than one hundred per annum. Liquor, sale of. SEC. 18. Be it further enacted, That no license granted by the mayor and councilmen of said city shall ever be transferable, but shall ever cease, terminate and be forever void when transferred. License not transferable. SEC. 19. Be it further enacted, That a clerk and treasurer shall be selected by the mayor and councilmen at their first meeting in January of each year. Clerk and treasurer. SEC. 20. Be it further enacted, That should the office of mayor become vacant by reason of death, resignation, removal or otherwise, and the mayor pro tem. fail, refuse or decline to assume the duties of mayor, then any two councilmen are empowered and authorized to call an election to fill said vacancy and appoint managers of the election for said purpose, which managers of election shall be paid two dollars for holding and certifiying to said election. In all cases of vacancy in the office of councilmen the same course shall be pursued; provided, the mayor is absent or refuses to act.

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Notice shall be given of the time and place of every election, which time and place shall be selected by party calling the same; provided, the place be in said city and accessible to all alike, and the time not less than fifteen days from the publication of said notice. Vacancy in office of mayor. SEC. 21. Be it further enacted, That the said mayor and councilmen may enact any and all ordinances, rules and regulations necessary to laying out a fire district in said city, prescribe its boundary and from time to time change, enlarge or modify its limits. Prescribe when and how and of what material buildings in said limits may be erected or covered and how thick the walls must be and in what manner chimneys, stovepipes and flues are to be constructed, and generally to do all such things as they may deem necessary to protect said city so far as possible from danger from fire and prevent the spread of fire from one building to another. They shall also have authority to order any changes in the construction or arrangement of any chimneys, flues and stovepipes for the removal thereof when in their judgment the same are dangerous or likely to become so, and make the owner of the premises pay the expense of such changes which may be collected in the same manner as taxes are now collected in this State, and if any person, firm or corporation shall erect any building which is not in accordance with the laws and ordinances of said city, said mayor and councilmen may order such building removed, and if such person, firm or corporation shall not remove such buildings after notice to do so, then said mayor and councilmen shall have authority and power to remove the same at expense of the owner, which expense may be collected by execution. Fire limits. SEC. 22. Be it further enacted, That the mayor and councilmen shall have power and authority to regulate and license all markets and fish and oyster stands to prevent injury and annoyance to the public or individuals from anything dangerous, offensive or unwholesome; to prevent hogs, cattle, horses, sheep, goats and other animals and fowls from going at large in said city; to protect places of divine worship; to abate or cause to be abated any and all nuisances; to regulate the keeping of gunpowder and other explosives and combustibles; to provide in or near the city suitable burial places for the dead and regulate the interment therein; to provide for the drainage of lots in said city by proper drains, sewers and ditches. Markets, etc. SEC. 23. Be it further enacted, That the said mayor and councilmen shall have power and authority to make regulations for guarding against fire and to protect the persons and property of the citizens. SEC. 24. Be it further enacted, That said mayor and councilmen

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shall have power to provide by ordinance for the transaction of any business that may come before them at any meeting, whether regular or called, and that all ordinances shall be valid and binding as soon as signed by the mayor and attested by the clerk. SEC. 25. Be it further enacted, That the said mayor and councilmen shall have full power and authority to provide by ordinance for the building and constructing of water-works and electric light plants, also street railways or tram-ways within the corporate limits of said city, and to grant franchises for such purposes not exceeding twenty years in duration from the date of said grant, and by ordinance to provide for the healthfulness of the water supply in protection of the lines, pipes, towers and wires used in the construction or operation thereof. Water-work, electric plants, etc. SEC. 26. Be it further enacted, That the said mayor and councilmen shall have full power and authority to equalize the municipal taxes and in their discretion lessen or increase the value of the taxable property as returned, as in their judgment may seem just and equitable. SEC. 27. Be it further enacted, That said mayor and councilmen shall have full power and authority in their discretion to pave or otherwise permanently improve the sidewalks of said city, together with the streets thereof, with whatever material and in whatever manner they may deem proper and best, and that in order to carry into effect the power delegated in this respect, said mayor and councilmen shall have full power and authority to assess the cost or paving or otherwise improving the sidewalks, including all necessary curbing on the real estate abutting on the sidewalk so paved or otherwise improved; and the said mayor and councilmen are hereby authorized and empowered to pass any and all ordinances necessary to carry out such provisions; provided, the same shall not apply to sidewalks outside of the fire limits of said city of Rochelle unless a two-thirds majority, at an election duly held for such purpose, shall be so declared and in accordance with the result of said election petition said mayor and councilmen to so improve said outlying districts, in which event said mayor and councilmen shall have power and authority to so do in their discretion. Street improvements. SEC. 28. Be it further enacted, That the mayor and councilmen shall have full power and authority to arrest or cause to be arrested any person whom they may see violating any ordinance or law of said city, or any person committing or attempting to commit any crime against the State, and confine them in the guard-house, or other place of confinement in said town, to await their trial without unnecessary delay; provided, bail shall always be allowed as now provided by law; that the marshal

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and extra policeman shall have the same authority and power to make said arrests; that it shall be the duty of all persons, when called upon, to assist in making legal arrests, or in conducting those arrested to the guard-house or other place of confinement, and that any person refusing to assist the mayor or any councilmen, marshal or policemen, when called upon so to do, in making a lawful arrest within the limits of said town, or to assist in carrying any one arrested to the guard-house or other place of confinement, shall be punished, on conviction, by imprisonment in the common guard-house for not more than twenty days, or by fine not exceeding twenty dollars for each and every refusal. Arrests. SEC. 29. Be it further enacted, That the mayor and councilmen shall be vested with the powers of justices of the peace, so as to enable them or either of them to issue warrants, and, on examination, commit the offender or offenders to the guard-house or common jail of Wilcox county (or to bail them if the offense be bailable), to appear before the county court or superior court of said county (if the offense be other than a misdemeanor), or to discharge the same from custody, as in their discretion the proof warrants, in all cases where the alleged offense was committed within the corporate limits of the city of Rochelle. Peace officers. SEC. 30. Be it further enacted, The mayor, or, in the absence or disqualification of the mayor, the mayor pro tem., or, in the absence of the mayor pro tem., any two councilmen, while sitting for trial of any cause shall have full power to administer oaths to any and all persons sworn as witnesses in said trial. SEC. 31. Be it further enacted, Said mayor and councilmen shall have full power and authority to provide by ordinance for the forfeiture of all bail bonds for the appearance before the mayor's court of said city. SEC. 32. Be it further enacted, That any person convicted in the mayor's court shall have the right, upon the payment of costs, to appeal to a full board of councilmen and to certiorari from the decision of said board as now provided by law. Certiorari. SEC. 33. Be it further enacted, That said mayor and councilmen shall have power and authority to enact all ordinances necessary to carrying into effect the powers herein granted, or that may be necessary to suppress vice or immorality in said city, or that may be necessary to foster virtue, intelligence and good morals in said city, or that the health, peace, well-being and prosperity of said city may demand; provided, such ordinance be not in conflict with the laws and constitution of this State

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or the United States; that said mayor and councilmen shall have authority to enforce the observance of its ordinances by fine, imprisonment or work on the streets, alleys and sidewalks of said city under the direction and in charge of the marshal or police, those of and whom not engaged in such work to be confined in the guard-house. Police power. SEC. 34. Be it further enacted, Whenever any person included in section 14 of the Act fails or refuses to work the streets of said city, or to pay the commutation tax thereof according to the provisions of section of this Act, leaves said city of Rochelle to avoid such work or payment, then the mayor of said city shall be, and is, hereby authorized to issue his warrant for the arrest of such person. Any lawful arresting officer of the State of Georgia, including the marshal of said city of Rochelle, is hereby authorized to serve and execute said warrant and arrest the person named therein anywhere in the State of Georgia and bring him back to said city of Rochelle, to be dealt with according to section 12 of this Act. The failure or refusal of any such person to work the streets of the city of Rochelle or to pay the commutation tax, and his leaving said city will be sufficient proof that said leaving was for the purpose of avoiding such work and payment. Work on streets. SEC. 35. Be it further enacted, The mayor and council of said city shall provide annually for an election to be held in Rochelle, until the qualified voters shall approve the establishment of a public school system for said city and the issuing of bonds therefor, not to exceed 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 to exceed seven per centum per annum, payable annually. The time, place and purpose of said election shall be duly advertised for thirty days prior to the date of said election, and said election shall be managed by such persons as are under the law authorized to hold elections; and said managers shall make returns of said election to the mayor and council of Rochelle within five days from the date of said election, and within ten days thereafter the mayor shall, by proclamation, make known the result of said election. Public schools. SEC. 36. Be it further enacted, That all persons voting in said election shall have written or printed on their ballots the words For public schools or Against public schools, and For bonds or Against bonds. If two-thirds of the qualified voters vote For public schools, then a public school system,

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as hereinafter set forth, shall be established; and if two-thirds of the qualified voters shall vote For bonds, then bonds shall be issued as hereinafter set forth. The list of registered voters shall decide the number of qualified voters. The election to determine whether there shall be a public school system in Rochelle and whether bonds shall be issued may be held on the same day and at the same time and place or on different days, as the mayor and council may deem best. Election for schools and bonds. SEC. 37. Be it further enacted, When the required two-thirds of the qualified voters shall vote to issue bonds, then the mayor and councilmen shall issue and sell, or cause to be sold, ten thousand dollars worth of bonds, of the denomination of one hundred dollars each. All money arising from the sale of said bonds be used in constructing and procuring and equipping suitable school buildings, provisions being made for separate schools for white and colored children. Proceeds of bonds, how applied. SEC. 38. Be it further enacted, That all children in said city between the ages of six and eighteen, whose parents are bona fide residents of the city of Rochelle, shall be entitled to the benefits of the public schools, under such regulations as the board of education hereinafter provided may determine. Children between six and eighteen, whose parents or guardians do not reside in said city, and children and students whose parents or guardians reside in or out of the city, not within the ages of six and eighteen years of age, shall be admitted to the school upon the payment of such tuition and under such regulations as the board of education may provide. Admission to public schools. SEC. 39. Be it further enacted, That there shall be a board of education for said city of Rochelle, composed of seven citizens, one of whom shall be the mayor, who shall be ex officio a member of said board of education. The other six members shall be elected by the mayor and councilmen at the first meeting of council after the adoption of public school system for Rochelle; two shall be chosen for one year, two for two years and two for three years, and annually thereafter two members shall be elected for a term of three years. In case of a vacancy in said board by death, resignation or removal, council shall fill such vacancy. The board of education shall have power to select such officers as may be necessary, to prescribe the courses of study, and to appoint and employ such teachers and officers for the Rochelle public schools as they may deem necessary, and fix their compensation; to suspend or remove such teachers and officers; to make and hold titles to property for the use and benefit of the public schools, and to make laws, rules and regulations for their own government and of the officers, teachers

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and pupils of said schools as they may deem best and promotive of the best educational interests of said city of Rochelle and not in conflict with the laws of this State. Board of education. SEC. 40. Be it further enacted, That the mayor and council shall levy such tax, upon all the property of said city subject to taxation, as will be sufficient, when added to the sum 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 of each year and pay it to the board of education; provided, said tax shall not exceed one-half of one per cent. of the taxable property of said city; and provided further, that said money arising from such taxation shall only be used to pay the principal and interest on said bonds to support, maintain, equip and operate said public schools. Tax for schools. SEC. 41. 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 Wilcox county to pay over to said board when so received) the pro rata share of the school fund for said county belonging to said city, as based on the total number of children attending the schools of said city. SEC. 42. Be it further enacted, That the officers of said board shall be a president, a secretary, a treasurer, and such other officers as the board may deem advisable, all of whom shall be chosen by the board, to be taken from their number, except the secretary and the treasurer, who may be taken from without the board if deemed best. The treasurer, before entering upon his duties, shall be required to give bond, with good security, in such sum as the board may require, payable to said board of education, to the faithful performance of his duty. The board of education shall serve without compensation, except the secretary and the treasurer may be allowed such compensation as the board deems advisable. Officers of school board. SEC. 43. Be it further enacted, That the board of education shall furnish the mayor and councilmen, from time to time, an estimate of the funds for the maintenance of said schools, and shall make a report annually, in writing, to the mayor and council by the 15th of August, giving the condition of the public schools, the attendance thereon, the receipts and expenditures for the school year just ended, with such other information and recommendations as they may deem proper, which report may be published. Reports of board of education. SEC. 44. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved December 23, 1896.

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SAVANNAH PARK AND TREE COMMISSION. No. 113. An Act to amend an Act of the Legislature entitled an Act to create and organize a Park and Tree Commission for the city of Savannah, to define its jurisdiction and powers, and for other purposes, approved November 30, 1895. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, That section 3 of the above entitled Act be, and it is, hereby amended by inserting after the word squares, where it first occurs in the said section, the words cemeteries in or controlled by said city, by inserting after the word squares, where it appears for the second time in said section, the words cemeteries aforesaid, and by inserting after the word squares, when it occurs for the third time in said section, the words cemeteries aforesaid, so that said section 3 as amended shall read as follows: Be it further enacted, That the said park and tree commission shall have the exclusive management of all matters and things relating to the care, preservation, improvement, adornment, good order and regulation generally of the parks, squares, cemeteries in or controlled by said city, grass plats, trees and flowers of said city; the planting of and caring for trees and grass in the parks, squares, cemeteries aforesaid, and grass plats, and also in the streets of said city; it shall determine what trees may be removed from said parks, squares, cemeteries aforesaid, or streets, what trees may be planted therein, and when such removal or planting shall take place; it shall superintend and take charge of such planting and removal; it shall also make such rules and regulations as may seem to said commission proper, touching the matters and things within its jurisdiction, which rules and regulations shall be submitted to the mayor and aldermen of the city of Savannah, and when approved by the council of said city shall become binding and effective. When the said rules and regulations are confirmed by council, provision shall be made by the said council for any penalties necessary for the due observation of said rules and regulations. Park and tree commission, authority of. SEC. 2. Be it further enacted, That section 5 of the said Act be, and is, hereby amended by striking out the word not at the beginning of the ninth line of the said section, and by striking out from said section 5 the words but the work directed by it to be done shall be performed through the commissioner of public works, which appear in the ninth, tenth and eleventh lines of

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said section, by inserting after the word squares, wherever it appears in said section 5, the words cemeteries aforesaid, and by adding to said section 5 the following clause: But the said commission shall not have the power to appoint a keeper of Laurel Grove Cemetery, or of any other cemetery in or controlled by said city, the election of such official or officials being hereby vested in the mayor and aldermen of the city of Savannah in council assembled, so that said section 5 as amended shall read as follows: Be it further enacted, That the said commission shall have entire charge and control of the expenditure of the appropriation of money which may be made by the mayor and aldermen of the city of Savannah, in council assembled, for parks, squares, cemeteries aforesaid, trees and grass plats, and flowers, and the same shall be paid out of the city treasury, upon bills of requisitions, certified to by the secretary of said commission. The said commission shall have control of its own laborers, it being the intent and meaning of this Act that whatever moneys are expended by the city of Savannah upon the care, preservation and management of parks, squares, cemeteries aforesaid, trees, grass plats and flowers in said city shall be done solely under the direction, approval and management of this commission. But the said commission shall not have the power to appoint a keeper of Laurel Grove Cemetery, or of any other cemetery in or controlled by said city, the election of such official or officials being hereby vested in the mayor and aldermen of the city of Savannah in council assembled. Cemeteries, keepers of. SEC. 3. Be it further enacted, That section 6 of the said Act be, and it is, hereby amended by adding after the word squares in the fourth line of said section the words cemeteries aforesaid. SEC. 4. Be it further enacted, That the said park and tree commission, or any member thereof, shall be subject to removal from office by the mayor and aldermen of the city of Savannah, in council assembled, for malfeasance in office, or for incompetency or neglect in the discharge of his or their official duties, or from inability from any cause to discharge the duties of said office, or upon his or their conviction of any crime against the State of the grade of a felony, or of any crime involving moral turpitude; provided, however, that before such removal can be effected, charges in writing shall be preferred against said commission, or member thereof, setting forth in specifications, wherein he or they may be alleged to be guilty of malfeasance in office, or of incompetency or neglect in the discharge of his or their official duties, or of inability from any cause to discharge the duties of said office, or of conviction of any crime against the State of the grade of a felony, or of a crime involving moral turpitude, so as to acquaint said official or officials

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fully of the facts and details of the same, a copy of which charges shall be served upon him or them personally, at least ten days before he or they shall be called upon to appear before the mayor and aldermen of the city of Savannah in council assembled to answer the same, at which hearing he or they shall have the right upon request to the clerk of council, to have all witnesses subp[oelig]naed upon whom he or they may rely, and also to be confronted with whatever witnesses may be produced against him or them, and shall have the benefit of council, if he or they so desire, and the trial of such official or officials, upon such charges and specifications, before the said city council, shall be final and conclusive; provided further, that no removal from office shall be effected under this section unless there shall be at least ten (10) votes in favor of such removal, the mayor having a right to vote. Removal of commissioners from office. SEC. 5. Be it further enacted, That all laws and parts of laws in conflict with this Act are hereby repealed. Repealing clause. Approved December 23, 1896. SUMMERVILLE, REGISTRATION LAW FOR. No. 37. An Act to authorize the commissioners of the village of Summerville, in Richmond county, to provide for the registration of the qualified voters in said village in any or all municipal elections held in said village; to elect a registry clerk, provide for his compensation, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, That the commissioners of the village of Summerville, in the county of Richmond, may by ordinance provide for a registration of the qualified electors in said village for any and all municipal elections held in said village. Registration, how provided. SEC. 2. Be it further enacted, That the said commissioners may elect a registry clerk to register the qualified electors in accordance with the ordinances of said village, which may, from time to time, be passed by said commissioners, and provide suitable compensation for his services out of the treasury of the village. Registry clerk. SEC. 3. Be it further enacted, That the registry clerk elected under the provisions of this Act shall be empowered to administer such oath to persons offering for registration as to their qualification, as may be prescribed by the ordinances of said village, and

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any person guilty of false swearing before said registry clerk shall be punished as prescribed by the general law for false swearing. Registration oath. SEC. 4. Be it further enacted, That any registration provided for by the ordinances of the village, passed in conformity with this Act, shall provide for the keeping open of the registration until within ten days of any election. Time for registration. SEC. 5. Be it further enacted, Where the commissioners of said village have, by ordinance, provided for the registration of qualified electors for any election, that no person shall be permitted by the managers of the election to vote therein unless he has been duly registered and the evidence thereof is shown as provided by said ordinances. Only those registered to vote. SEC. 6. Be it further enacted, That all laws and parts of laws in conflict herewith be, and the same are, hereby repealed. Repealing clause. Approved December 17, 1896. SUMMERVILLE, QUALIFIED VOTERS OF. No. 56. An Act to prescribe who are qualified to vote in all municipal elections in the village of Summerville, in the county of Richmond, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, That from and after the passage of this Act all persons residing in the village of Summerville, in the county of Richmond, qualified to vote for members of the General Assembly of Georgia, who have been resident citizens of said village for six consecutive months next preceding any municipal election at which they may propose to vote, and who have paid all village taxes due by them for the year next preceding the year in which the election is held, and which they have had an opportunity of paying agreeable to law, shall be qualified electors to vote in any municipal election held in said village; provided, also, that they shall have been registered in accordance with any ordinances which are now or may hereafter be passed by the commissioners of said village. Summerville, qualified voters of. SEC. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved December 17, 1896.

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TALLAPOOSA, NEW CHARTER FOR. No. 89. An Act to repeal an Act approved December 26, 1888, to incorporate the city of Tallapoosa, in the county of Haralson, and to adopt a new charter for the said city, to provide for the manner of electing and appointing all municipal officers of said city; to empower the mayor and council to levy and collect a tax from the property in said city; to license and collect a special tax from all persons, firms and corporations following or carrying on any professional trade or business calling or avocation in said city; to prohibit the sale of intoxicating liquors; to impose penalties for the violation of all ordinances of said city; to establish fire limits, and a system of drainage, water-works and gas lights; to provide for the registration of voters for elections of officers of said city; to define the limits of said city, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That the Act approved December 26th, 1888, providing for a new charter for the city of Tallapoosa, in the county of Haralson, and for other purposes, be, and the same is, hereby repealed. The said city as reincorporated shall assume all debts and liabilities contracted by and of force against said city of Tallapoosa, Ga. Tallapoosa charter and debts of SEC. 2. Be it further enacted, That said city of Tallapoosa be, and the same is, hereby reincorporated under the name and style of the city of Tallapoosa, with the power to govern themselves by such ordinances, resolutions and by-laws for municipal purposes as they may deem proper not in conflict with the constitution and by-laws of said State or the United States, with power in and by said corporate name to contract and be contracted with, to sue and be sued, plead and be impleaded, in all of the courts of this State; to hold, purchase, possess, and retain for the use and benefit of said city of Tallapoosa, in perpetuity for any number of years, any estate or estates, real or personal, within or without the limits of said city for corporate purposes. This charter shall not take effect until the second day of January, 1897, and the present municipal government of said city is continued until that date. Tallapoosa incorporated. General powers of. SEC. 3. Be it further enacted, That the government of said city shall be vested in a mayor and councilmen. That M. J. Head be, and he is, hereby appointed mayor, and A. V. Howe, R. M. Strickland,

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Robert H. White, S. L. Hilton, and P. E. Boxley, be and they are, hereby appointed councilmen of said city of Tallapoosa, to hold their office until the first election as hereinafter provided and until their successors are elected and qualified. Mayor and councilmen. SEC. 4. Be it further enacted, That on the first Saturday in March, 1897, and annually thereafter on the same day, an election shall be held between the hours of seven o'clock A. M. and four o'clock P.M. in said city for a mayor and five councilmen, who shall hold their offices for a term of one year and until their successors are elected and qualified. No person shall be eligible to the office of mayor or councilman of said city who is not a freeholder of said city, and a qualified voter of said city as hereinafter provided. Election of. SEC. 5. Be it further enacted, That the corporate limits of the city of Tallapoosa shall include land lots numbers 176, 177, 178, 150, 151, 152, 153, 154, 127, 128, 129, 130, 131, 102, 103, 104 and 105, in the eighth district and fifth section of Haralson county. Corporate limits. SEC. 6. Be it further enacted, That the mayor and council of said city shall have special power and authority therein to lay off, vacate, close, open, alter, widen, curb, pave and keep in good order and repair, streets, avenues, alleys, lanes, sidewalks cross-walks, drains, sewers and gutters for the use of the public or any citizen of said city, and to improve and light the same and have them kept free from any obstructions of any kind; to regulate the width of the sidewalks and cross-walks on the streets, and to order the sidewalks, cross-walks and footways to be curbed and paved and kept in good order, free from obstructions and clean, by the owner and occupants thereof, or of the real property next adjacent thereto; and if such owner or occupant thereof shall fail or refuse to so curb, pave or remove obstructions or clean such sidewalks when so ordered, the mayor and council shall have the same done, and the the cost of the same when done shall be a lien on such adjacent property, and the same shall be collected by execution to be levied on such property, which shall be sold under same rules and regulations as govern other marshal's sales in said city; to establish and regulate markets, to prescribe the time for holding same; to prevent injury or annoyance to the public or individuals from anything dangerous, offensive or unwholesome, to prevent hogs, cattle, sheep, horses and other animals and fowls of all kinds from going at large in said city or any prescribed territory therein; to protect places of divine worship, to abate or cause to be abated anything which in the opinion of the council is a nuisance; to regulate the keeping of gunpowder and all other combustibles; to regulate the running and management of steam engines; to limit and regulate the speed at which any animal or any and all sorts of vehicles,

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howsoever drawn or propelled, may traverse or cross any streets, avenues, alleys, lane or road; to provide, lay out, improve and maintain public parks, or pleasure grounds; to make regulations for guarding against any danger and damage by fire; to protect the property and persons of the citizens and all other persons in said city and preserve peace and good order therein, and to appoint when necessary any number of extra or special marshals to assist the marshal or other officer in the discharge of any duty required of him by the ordinances of said city; to prescribe the power and define the duties of all officers appointed by the mayor and council, fix their term of service and compensation, require and take from them bonds when necessary, payable to said city in its corporate name, with such securities and in such penalties as said mayor and council may see proper, conditioned for the faithful discharge of such duties as may be required of them. Streets, etc. Markets. Explosives. Parks. Officers. SEC. 7. Be it further enacted; That the mayor and council of said city shall have authority to grant licenses to public wagons, drays, carts, trucks and other vehicles, conveying persons or property for hire in said city, and to prescribe fees for such license, and to levy and collect a special tax from any person, firm or corporation following or carrying on any profession, business, trade or avocation in said city. License tax. SEC. 8. Be it further enacted, That said mayor and council shall have power to levy and collect, by execution or other legal process, a tax upon all the property, both real and personal, within the corporate limits of said city and upon all banking, insurance and other capital employed therein, including all cash, notes, mortgages or other evidences of debt held in said city; provided, that the rate of tax hereby authorized shall not exceed one per cent. upon the assessed value of such property. Said mayor and council shall have power to levy and collect a special tax upon all shows and exhibitions, keepers of pool and billiard tables and all other like tables, tenpin alleys and all other tables, alleys or places kept for the purpose of playing on or renting. Ad valorem tax. Special tax. SEC. 9. Be it further enacted, That it shall be the duty of the council of said city, between the first days of April and July of each year, to make out a complete list of all lots in said city as shown by the maps thereof, and all real estate in said city not divided into lots, and to assess for taxation each lot and parcel of land at its reasonable and just value; the list so made out shall show the name of the owner if known, and his residence, the number of the block and the number of the lot, if platted and numbered; if not, then such descriptions shall be given as is necessary to locate the property, opposite which description shall be set its value as assessed

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by said city council. It shall be the duties of all owners of taxable personal property and other subjects of taxation, as provided in this charter, to make by themselves or agents, returns under oath to the city council of all their personal property at its reasonable and just value; such returns shall be made between the first days of April and July in each year, and if any person shall fail or refuse to make such returns by the first day of July of any year, the city council shall assess the personal property of the person so failing to make return at double the value of such property; and if any person shall make any returns of personal property which the city council may deem incorrect, then said city council shall assess such personal property and fix such value upon it as they may deem reasonable and just; if the owner of any real or personal property conceives that said city council have placed too great a value on such property, such owner or his agent may have such assessment reviewed by the mayor and council of said city, who shall assess such property at its reasonable and just value, and their decision shall be final in the premises; and if any taxpayer in said city think that said city council have placed too low an estimate on any property therein, such person shall have the right to have such assessment reviewed by the said mayor and council, whose action shall be final as aforesaid. The list of all real estate assessed as herein provided, and all personal property returned by the owner, or assessed as herein provided, shall be completed by said city council on or before the 15th day of August, and within fifteen days thereafter said mayor and council shall ascertain and declare the rate to be levied and collected from such assessment and returns, and the tax so levied shall be due and payable on the first day of October in the year for which they are levied, and when the taxes so levied are not paid before the fifteenth day of November in each year, the same shall be collected as follows: An execution shall be issued by the clerk of council directed to the marshal of said city, against the real and personal estate of each defaulter, and in case of real estate, the owner of which is unknown, against the said real property, describing the same by number and location, which execution shall be levied by a marshal of said city, and, after advertising the same once a week for four weeks in some newspaper published in said city, he shall sell the property so levied at or before the door of the justice court-house in said city on some regular sheriff's sale day, and within the legal hours of sheriff's sales, and the deed of said marshal shall be as effectual to pass the title to the property thus sold as the deed of the owner of such property; provided, that the property thus sold may be redeemed

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by the owner thereof within twelve months from such sale, upon such owner paying to the purchaser the amount paid out by him in such purchase, together with twenty per cent. on the same; and in all cases where a tax execution shall be by the city marshal levied on personal property, the city marshal shall proceed to advertise and sell according to the law governing constable sales. The advertising of property for sale as herein provided shall be by the said mayor and council let to the lowest bidder. Tax returns. Taxes, how collected. SEC. 10. Be it further enacted, That the mayor and council, before entering upon the discharge of their duties, shall each take and subscribe an oath to discharge faithfully the duties of their office, and this oath they shall also require to be taken by each person appointed by them. Oath of officers. SEC. 11. Be it further enacted, That the mayor shall be chief executive officers of said city, and it shall he his duty to see that the ordinances, rules, regulations, acts and resolutions of the council are faithfully executed, and during any absence or disability of the mayor the council shall elect one of their number, who during such absence or disability, shall act as mayor pro tem., with all the powers and duties of the mayor. Mayor, authority of. Mayor pro tem. SEC. 12. Be it further enacted, That if the office of mayor or councilman shall become vacant at any time more than sixty days previous to a regular election for mayor and councilman, it shall be the duty of the mayor, or in case of a vacancy in the office of mayor the remaining councilmen, to order an election to fill the office or offices so vacant, and if such office or offices shall become vacant in less than sixty days next before such regular election, then such vacant place or places shall be filled by appointment of the members of the council remaining. Vacancies. SEC. 13. Be it further enacted, That in all elections for mayor and councilmen, whether at a regular election or a special election to fill a vacancy as provided in the preceding section, the election shall be managed and presided over by three freeholders of said city and the persons elected, either as mayor or councilmen shall take and subscribe to oath of office hereinbefore prescribed, before some officer of this State authorized to administer an oath, and the certificate of such managers shall be sufficient authority to the persons elected. Election managers. SEC. 14. Be it further enacted, That the mayor of said city shall have jurisdiction to try all persons charged with violation of any law or ordinance, rule or regulation of said city, and to punish such persons when properly convicted by fine not to exceed one hundred dollars, imprisonment in the calaboose of said city not to exceed thirty days, and to work at hard labor on the streets or such

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other public works of said city as the mayor shall adjudge, not to exceed thirty days. Any one of all these punishments may be inflicted in the discretion of said mayor or person acting as mayor in the trial of offenses. Mayor's court. SEC. 15. Be it further enacted, That if, in the judgment of the mayor or council, it shall at any time become necessary to open, widen or in any manner alter any street, alley, sidewalk or other passways in said city, they shall have full power to order the same done upon complying with the following rule: If the owner of the property to be affected by such alteration conceives that he will be damaged thereby, and if such owner and said mayor and council shall be unable to agree as to the fact of such damage or the amount thereof, said mayor and council shall cause to be served on such owner or his agent notice of their intention to condemn such property, describing in such notice the property sought to be condemned, and to state the quantity sought to be taken and the purpose for which it is to be taken, which notice shall also state the time and place the proceedings to condemn such property will be had, which shall not be less than five nor more then ten days from such time of service. It shall be the duty of said mayor and council to select one upright and intelligent freeholder of said city, and the owner of such property, or his agent, may select one such person, or if he shall fail or refuse to make such selection, then it shall be the duty of the justice of the peace of the militia district in which said city is situated to select some intelligent and upright freeholder as aforesaid, and it shall be the duty of the two persons selected, in either way above named, to select a third upright and intelligent citizen, and it shall then be the duty of the said three persons to inspect the property sought to be condemned, and to hear such evidence pertaining thereto as the parties may offer, taking into consideration the enhanced value, if any, of the property by reason of the opening, widening or altering of such streets, alleys, sidewalks or other passways, as the case may be, and from the decision of said freeholders there shall be an appeal by either party to the superior court of Haralson county, under the same rules and regulations as governs appeals from justice courts to the superior court. The mayor and council, upon payment or tender to the owner or his agent of any sum found by said arbitrators, shall have the right to proceed to open, widen or alter such streets, alley or sidewalks, notwithstanding any appeal by any owner of such premises. Alteration of streets. SEC. 16. Be it further enacted, That all processes, writs, warrants subp[oelig]nas or other papers shall be issued by the clerk of the council in the name of the mayor of said city and signed by such clerk; and it shall be the duty of the marshal of said city to serve all such

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processes and to levy all executions as may be placed in their hands in favor of said city, and to advertise and sell the property so levied upon in the manner prescribed in section 9 of this Act. Clerk, duty of. SEC. 17. Be it further enacted, That the mayor and council shall have power to require every male inhabitant of said city, who is subject to road duty under the laws of this State, to work such length of time on the streets of said city as said mayer and council shall, by ordinance, direct, or they may prescribe a commutation tax to be paid by such persons in lieu of said work; and they shall have power to enforce obedience to their laws and ordinances under this section by a fine, imprisonment or work on the streets as provided in section 14 of this Act; or no tax paid in lieu of such work, nor any money arising from fines or forfeitures for failure of persons to perform such work shall be used for any purpose except in payment for work done or improvements put on the streets or sidewalks. Commutation tax. SEC. 18. Be it further enacted, That the said mayor and council shall have power and authority to establish and maintain a system of sewerage and drainage in and around said city for the health, cleanliness and comfort of its inhabitants, and in all cases where it becomes necessary to take or use private property or injure private rights, and the owners of said property, or the person so injured, and the mayor and council cannot agree as to the amount of damage to be paid to the injured party, the damage shall be assessed as is provided in section 15 of this Act, and the same rights of appeal, etc., as therein provided, shall also prevail in condemning property under this section; and said mayor and council shall have entire and absolute control and jurisdiction of all said pipes, private drains and sewers, water-closets and privy vaults in said city, with full power to prescribe their location, structures, uses and preservation, and to make such regulations concerning them in all particulars as may seem best for the preservation of the health of the inhabitants of said city, with power also to require changes in or the total discontinuance of any such contrivances and structures. Sewerage. SEC. 19. Be it further enacted, That said mayor and council shall have power and authority to establish and maintain a system of water-works for said city, and they shall have power to acquire any property or rights either within or without said city limits necessary or appropriate for affording a complete and sufficient supply of pure water for said city; and said mayor and council shall have power to cause such examinations and surveys to be made for the work contemplated in this section as shall be necessary or proper to the selection of the most advantageous location or locations, site or sites, watershed or sheds, and right or rights, way or ways, for locating all their works and appliances for the purpose of bringing

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the water and distributing it in the city; and for carrying out the object for this section, and for such purpose said city, by its officers, agents, servants or employees, shall have the rights and power to enter upon the land or water of any person which may be necessary for the purpose of construction, operation and security of their works, and condemn and take such land, water and right of way, first making just compensation therefor as provided by law for private property taken for public use. Water-works. SEC. 20. Be it further enacted, That said mayor and council shall have power and authority to light the streets in said city by means of gas, electricity, or such other means as they may see proper to adopt, and for this purpose they shall have the power to lay mains and pipes along any street or highway in said city. Light. SEC. 21. Be it further enacted, That said mayor and council shall have power and authority to establish and fix fire limits in said city, and from time to time extend and enlarge the same in their discretion, within which fire limits, when established, it shall not be lawful for any person to erect other than fire-proof buildings, and should any person erect or cause to be erected any building or other structure not fire-proof within the fire limits so established, said mayor and council, after giving ten days' notice, shall cause the same to be removed at the expense of the owner, to be collected by execution, as provided in section 9 of this Act; and should the owner of such building or structure fail or refuse to remove the same within ten days after being notified so to do, such owner may be punished as prescribed in section 14 of this Act, and should any person, after receiving like notice, continue to work on and aid in erecting such building or other structure, they shall be liable to the like penalties. Said mayor and council shall have power to determine, either from their own knowledge or from the advice of competent persons appointed to examine the same, what buildings or other structures are fire-proof and what buildings are not. Fire limits. SEC. 22. Be it further enacted, That any person, company or corporation owning real estate in said city desiring to improve the same, or which has already been improved, located upon any street, avenue or alley, the grade of which has not been fixed and established, shall possess the right to have the grade of such street, avenue, or alley permanently established by complying with the following requirement, to wit: The owner, his agents or attorney shall make affidavit stating the ownership and description of the property and the improvement done or to be done; that such improvements have or are to cost above the sum of two hundred dollars, and that he desires to have the grade of such street or alley permanently established; said affidavit or a copy thereof shall then

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be served on the mayor and council, who shall within thirty days thereafter have the necessary surveys made and fix the grade of such street or alley, and make a plat showing the same, and shall deliver it to the applicant, together with the affidavit of the survey or showing that the same is correct and fair, and upon the same being filed, together with the original affidavit of the applicant, in the office of the clerk of the superior court of Haralson county for record, the owner shall thereupon have a vested right to such grade and shall be entitled to recover damages from said city for any injury done to said property should the city thereafter alter such grade. Grades of streets. SEC. 23. Be it further enacted, That the mayor and council shall have the authority to levy and collect, in addition to the taxes hereinbefore authorized to be levied and collected, a tax on the real and personal property in said city not exceeding one-half of one per centum on the assessed value of such property, which tax shall be used only for the purpose of maintaining the public schools of said city. Tax for public schools. SEC. 24. Be it further enacted, That the clerk of the council shall be the registrar of the qualified voters of said city, and shall open a book for the purpose of such registration thirty days next preceding any municipal election. The registration shall close ten days next preceding such election, and during the following week the registrar shall make out a complete list of the registered voters in said city certified by him to be correct, and shall deliver the same to the managers of said election on or before the evening of the day next preceding said election. The names of the white and colored voters shall be entered separately on the registration books and on the list of registered voters. The registration book shall be open to the inspection of the public from the beginning of the registration to the day of election. The following shall be the questions necessary for registration: First, the person applying must be a male citizen of the United States, who has resided in this State twelve months and in the county of Haralson six months and in the city of Tallapoosa six months next preceding the day of election. Second, he must be twenty-one years of age, or must become so by the day of election. Third, he must have paid all taxes, since the adoption of the present State constitution, to the State and county and to the city of Tallapoosa, which have been required of him and which he had an opportunity to pay, agreeably to law, except for the year of the election. The name of no person shall be entered upon the registry who does not apply in person to the registrar within the time allowed for registration, as furnished to him satisfactory proofs of his qualifications for registration.

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But the person so applying shall be entitled to registration upon taking the following oath: I do solemnly swear (or affirm) that I am twenty-one years of age, or will be on the day of election, that I am a citizen of the United States, that I have resided in the State twelve months, and in this county and city six months next preceding the election next ensuing, and I have paid all taxes since the adoption of the present constitution of this State and county and to the city of Tallapoosa which have been required of me and which I have had an opportunity to pay, agreeably to law, except for the year of the election, so help me God. The registrar is authorized to administer the oath, and when persons are so sworn he shall make a minute of the fact upon the face of the registry. Any person swearing falsely under this section shall be liable to indictment, conviction, and punishment as in other cases of false swearing under the laws of this State. No person shall be allowed to vote at any municipal election in said city who has not been duly registered according to the provisions hereinbefore set forth. Any person voting in any such election without having registered shall be guilty of a misdemeanor, and upon conviction shall be punished as prescribed in section 1039 of the penal Code of this State. Registration. SEC. 25. Be it further enacted, That said mayor and council shall have authority to organize and maintain a fire department at the expense of the city. Fire department. SEC. 26. Be it further enacted, That the said mayor and council shall have authority to regulate, restrict and prohibit the sale of spirituous, malt or intoxicating liquors or bitters in said city, and the violation of any ordinance adopted by authority of this section shall be punished as is provided in section fourteen of this Act. Liquor, sale of. SEC. 27. Be it further enacted, That it shall not be lawful for any person holding any office in said city, whether by election or appointment, to be interested either directly or indirectly in any contract to which said city is a party, and any contract made in violation of this section shall be void as against said city, and any officer violating this provision shall be dismissed from his office, and in addition shall be punished as prescribed in section fourteen of this Act. Officers cannot contract. SEC. 28. Be it further enacted, That said mayor and council shall have authority to appoint a clerk of the council, a city marshal, and such assistant marshals and other agents and officers of said city as may be necessary in cases of emergency. Said mayor and council shall have the power to remove any of said officers or agents at any time for neglect of duty or for other just cause of removal. The clerk of the council shall assist the council

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in making the assessment of property for taxation, and shall also act as tax-collector of said city. His compensation for all services shall not exceed the sum of two hundred dollars per annum. The city marshal shall also discharge the duties of street commissioner of said city. Clerk, marshal, and other officers. SEC. 29. Be it further enacted, That said mayor and council may compel the payment of tax, fine or forfeiture, by execution, levy and sale, as provided by section nine of this Act. SEC. 30. Be it further enacted, That the mayor, or mayor pro tem., shall have authority to punish any person guilty of contempt as prescribed by section fourteen of this Act. SEC. 31. Be it further enacted, That said mayor and council shall provide, by ordinance, the manner in which bonds for the appearance of offenders against the ordinances may be forfeited and collected. SEC. 32. Be it further enacted, That it shall be the duty of said mayor and council to require to be kept, in books provided for that purpose, full and correct accounts of all the acts and doings of said mayor and council, and of all other officers and agents of said city, and such books shall be at all times subject to inspection by any citizen of said city; said mayor and council shall also make, or cause to be made, by the person having such matter in charge, an annual statement and account, under oath, of the financial condition of said city; such account shall be a full and itemized statement of all moneys collected, when and from what source collected; of all moneys paid out, and when and on what account paid out, the sums due said city and from what source due, the existing liabilities of said city, and the balance on hand. This account shall be made and published on or before the first day of January in each year. Books of account, etc. SEC. 33. Be it further enacted, That said mayor, and in his absence the mayor pro tem., shall be, to all intents and purposes, a justice of the peace so far as to enable them to issue warrants for offences committed against the laws of this State, within the corporate limits of said city, which warrants may be executed by any marshal or deputy marshal of said city, and to commit to the jail of Haralson county, or admit to bail, such offenders for their appearance at the next term of the superior court of said county; and it shall be the duty of the jailor of said county to receive all persons so committed and safely keep them until discharged by due course of the law. Peace officers. SEC. 34. Be it further enacted, That the mayor of said city shall preside at all meetings of the council, but he shall have no vote except in case of a tie. He shall have the revision of all ordinances,

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orders and resolutions passed by the council, and said mayor shall have five days after the meeting at which any ordinance, order or resolution was passed, in which to file with the clerk of the council, in writing, his dissent thereto, which, when filed, shall have the effect to defeat such ordinance, order or resolution; but notwithstanding such veto, said council may, by a vote of two-thirds of all the members of the council, pass such ordinance, order or resolution; and in the absence of the mayor, the veto power may be exercised by the mayor pro tem. Veto of mayor. SEC. 35. Be it further enacted, That if any person, after having been tried and convicted before the mayor or mayor pro tem., shall be dissatisfied with such judgment or conviction, such person shall have the right to certiorari the same to the superior court of Haralson county under the same rules and regulations as govern in cases of certiorari from the justice courts to the superior court, except that in all cases of certiorari that party defendant shall pay the costs which have accrued and give a good and sufficient bond, to be judged of and approved by the mayor or mayor pro tem., payable to said mayor and council, conditioned to pay such fine and costs as may have been adjudged against him, as well as all future costs in said case. Certiorari. SEC. 36. Be it further enacted, That the salary of the mayor of said city shall be fixed by the council in each and every year and shall not exceed the sum of one hundred dollars per annum. The salary of the councilmen shall in like manner be fixed by themselves and shall not exceed the sum of twenty dollars, each, per annum. Salaries. SEC. 37. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved December 23, 1896. VALDOSTA, CHARTER AMENDED. No. 120. An Act to amend the charter of Valdosta, approved October 24th, 1887, and the several Acts amendatory thereof, so as to provide a board of tax appraisers, define their duty, power and compensation, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, That section 23 of the charter of Valdosta, approved October 24th, 1887, be, and the same is, hereby amended as follows

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That the mayor and council of the city of Valdosta shall, at their first regular meeting in March, 1897, and in each succeeding year thereafter, elect three freeholders, resident in said city, to be tax appraisers; said appraisers shall hold their office for one year, unless sooner removed by the mayor and council for cause, the sufficiency of which shall be judged by said mayor and council; all vacancies occurring in said office by death, resignation, removal or otherwise, shall be filled by the mayor and council; said appraisers shall, before entering upon the discharge of their duties, take and subscribe such oath as the mayor and council may prescribe, and they shall be paid for their services such compensation as the mayor and council shall fix, not to exceed seventy-five dollars per year, so that said section, when amended, shall read: Valdosta, tax appraisers for. SECTION 23. Be it further enacted, That it shall be the duty of all owners of taxable property in said city, and they are hereby required to make annual returns under oath to such officers as the mayor and council shall appoint for said purpose and within the time prescribed, a full and complete schedule of all their taxable property, polls, trades, businesses, occupations and professions in said city, held in their own right or in behalf of any other person, and in case any person shall fail or refuse to make such return, or shall make a return, deemed by the officer receiving the same, incorrectly, and said officer may assess the property of such person, and may fix such value thereon as he may deem correct and just. If any owner of property, thus assessed by the officer, shall feel aggrieved at the assessment so made, appeal to the mayor and council, and the decision of said mayor and council in fixing the value of the property shall be final. That the mayor and council of the city of Valdosta shall, at their first regular meeting in March, 1897, and in each succeeding year thereafter, elect three freeholders, resident in said city, to be tax appraisers; said appraisers shall hold their office for one year, unless sooner removed by the mayor and council for cause, the sufficiency of which shall be judged by said mayor and council; all vacancies occurring in said office by death, resignation, removal or otherwise shall be filled by the mayor and council; said appraisers shall, before entering upon the discharge of their duties, take and subscribe such oath as the mayor and council may prescribe, and they shall be paid for their services such compensation as the mayor and council shall fix, not to exceed seventy-five dollars per year. Tax returns. SEC. 2. Be it further enacted, That it shall be the duty of all owners of taxable property within the limits of said city, and they are hereby required, to make annual returns, under oath, to said tax appraisers, within the time prescribed by the mayor and council,

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a full and complete schedule of all their taxable property, polls, trades, business, occupations, professions, etc., in said city, held in their own right or in behalf of any other person, at the market value of such taxable property upon the first day of March of each year. SEC. 3. Be it further enacted, That in case any person shall fail or refuse to make such returns as herein provided, said tax appraisers may assess the property of such person and fix the value thereon, and such property shall be liable to be doubled taxed. SEC. 4. Be it further enacted, That it shall be the duty of said tax appraisers to scrutinize carefully each and every return of property, real or personal, made by any taxpayer in said city, and if in their judgment they shall find the property embraced in the return, or any proportion of the return, below its market value, or the returns is incomplete or incorrect, said appraisers shall assess the market value thereof, and complete or correct said returns within thirty (30) days, or such other time as may be prescribed by the mayor and council, after the time for returning taxes shall have expired. Whenever said appraisers shall have raised the valuation at which the taxpayer has returned his property, said appraisers shall give him written notice of their assessment, and it shall be the taxpayer's privilege if dissatisfied with the assessment, to appeal to the said mayor and council, under such rules and regulations as they may provide, whose decision shall be final. SEC. 5. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 23, 1896.

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WHIGHAM, TOWN OF, CHARTER. No. 88. An Act to alter, amend and revise and consolidate the several laws of the State of Georgia granting corporate authority to the town of Whigham; to provide for a mayor and councilmen, andot her 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 interest, benefit, peace, good order, health, and general welfare of said town and the inhabitants thereof; and to confer other and additional power and authority upon such 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 punishment for any violation of said rules, by-laws and ordinances and for other purposes, including a public school system. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, That the inhabitants of the territory hereinafter designated are hereby constituted and continued corporate by the name and style of the town of Whigham, and by that name and style have perpetual succession, be a body politic and corporate with power to govern themselves by such ordinances and by-laws for municipal purposes as they may deem proper, not in conflict with this charter, nor the constitution and laws of this State or of the United States; with power in and by said name, to contract and be contracted with, sue and be sued, plead and be impleaded in all the courts of this State; to have and to use a common seal; to hold all property real and personal now belonging to said town; to acquire by gift or purchase such other real estate or personal property as may hereafter be necessary for corporate purposes and to use, manage, improve, sell and convey, rent or lease any and all of said property as may best serve the interest of said corporation. Whigham incorporated. SEC. 2. Be it further enacted, That the corporate limits of said town shall extend one half mile in each and every direction from the now public well situated in the main street running east and west. Corporate limits. SEC. 3. Be it further enacted, That all male inhabitants who have attained the full age of twenty-one years and have been a resident of the town for twelve months just preceding the election

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and have paid all duties, taxes, fines, and forfeitures due said town shall be deemed and held eligible to hold any office in said town and that no person shall hold more than one office at any one time. Eligibility for office. SEC. 4. Be it further enacted, That on the first Tuesday in January, 1897, and on the first Tuesdays in January in each year thereafter, there shall be held in the town hall of Whigham an election for mayor and five councilmen, which election shall be managed by three freeholders citizens of said town, eligible under paragraph three of this charter to hold office, said election to open at nine o'clock A. M. and close at three o'clock P. M., which mayor and five councilmen elected shall constitute the corporate body for the corporation. The mayor shall be the chief executive officer; and that said managers shall take and subscribe to the oath as provided for managers of elections for members of the General Assembly of Georgia, and that said managers shall conduct said election accordingly. Said managers shall, as soon as possible after said election, give a certificate of election to the persons receiving the highest number of votes for their respective offices, which certificates shall be recorded on the minutes of said council and shall be held to be the highest evidence of the election of said officers. Mayor and councilmen. SEC. 5. Be it further enacted, That all voters at any and all elections shall be qualified, provided by paragraph three of this charter, and have in addition thereto complied with all ordinances of registration that said mayor and councilmen may provide for registration of voters. SEC. 6. Be it further enacted, That in the event of a vacancy in the office of mayor or councilmen by any cause, the remaining councilmen shall fill said vacancy by appointment to fill the unexpired term made vacant. That the mayor and each councilman of said town shall, before entering upon the duties of their respective offices, take and subscribe to before some one authorized by the laws of Georgia to administer oaths, the following oath, viz.: I do solemnly swear, or affirm, 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 Whigham, faithfully and impartially during my continuance in office, so help me God. That said oath shall be recorded on the minutes of said council. That the salaries of the mayor and councilmen shall be fixed and determined by their predecessors at such amounts respectively as the mayor and councilmen may deem proper, and shall not be changed during the term for which they are elected. That the present salaries shall remain in force until changed by suitable ordinances to comply with the charter. Vacancies. Oath. Salaries.

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SEC. 7. Be it further enacted, That the mayor and councilmen shall meet monthly in the town hall and as often as may be required in, not exceeding ten days after election, and elect a marshal for said town, a clerk for their own body, and a treasurer for said town. That the mayor and councilmen shall have the right to prescribe the duties of the marshal, clerk, and treasurer, and shall fix and determine the amount of bond to be given by said marshal, clerk, and treasurer, which bonds shall be made payable to the mayor of Whigham, and his successors in office, and shall be approved by a majority of the councilmen, which bonds shall be conditioned for the faithful performance of their respective duties and for the safekeeping and proper return of all money, books, and all other property of any value whatever, to the mayor of said town. That the mayor and councilmen shall have the right to fix and determine by ordinances or by-laws the salaries of said marshal, clerk, and treasurer, and provide the manner and time of payment, and no other compensation shall be received by said officers for any services rendered said town. Meetings. Marshal, clerk, and treasurer. SEC. 8. Be it further enacted, That the mayor and councilmen shall have authority to levy and collect a tax upon all property in said corporate limits, both real and personal, and all property of any value whatever, money, notes, accounts, or any and all evidences of debt, not to exceed one half of one per cent., and shall have further authority to levy and collect a special tax that may be fixed by ordinances upon all business occupations of every character carried on in said corporate territory for the purpose of gain or profit, said taxes to be due and returnable on March the first in each year. That all tax returns shall be made to the clerk at a valuation made upon said property on the first day of March in each year. All special taxes are due immediately upon the commencement of any business. That said mayor and a majority of said councilmen shall have the right to adjust all tax returns either for or against the taxpayer, after notice to the taxpayer, which notice shall state the time and place of meeting of said adjusters, and shall be final between the town and the taxpayer when adjusted. That the mayor shall have full power and authority, and is hereby authorized to issue execution under his hand and seal in favor of the town of Whigham against all tax defaulters, directed to the marshal to levy and sell a sufficiency of the property, both real or personal, to satisfy the tax due said town. That said sales shall be conducted in the same manner as sheriff's sales, and said sales shall pass absolute title to all property. That the marshal shall execute deeds to realty sold in the same manner as sheriffs of said State. Tax. SEC. 9. Be it further enacted, That the mayor and council shall

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have full authority to donate such accounts as they deem proper from any tax, fine or forfeitures or from any other money of said town, to any public institution, manufactory, mill, gin, for the purpose of establishing the same in the corporate territory. Donations. SEC. 10. 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 thirty days, shall be subject to work on the streets, alleys and sidewalks within said limits, each and every year, not exceeding fifteen days, or to pay a commutation tax in lieu of said work, which commutation tax shall not exceed five dollars per year. Said mayor and council shall have the right to compel said person to work said streets, alleys and sidewalks each year or pay said commutation tax, and in the event any person subject to work or pay, refuses or fails to work or pay said commutation tax, after being notified in writing by the marshal, shall be subject to arrest by said marshal and punished by said corporate authority, not to exceed thirty days in common guard-house in said town, or work not exceeding thirty days in the chain-gang, or be fined not to exceed ten dollars, either one or all, at the discretion of the mayor. Streets, work on. SEC. 11. Be it further enacted, That the marshal of said town, his deputies and persons requested by the marshal and his deputies to assist them, shall have the power and right to arrest any and all persons within the corporate limits 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, using opprobrious or vulgar language, fighting or a violation of any of the ordinances or by-laws. Said marshal, his deputies or citizens summoned by said marshal or his deputies, shall have the right to imprison and confine any person subject to arrest by them in the town guard-house for a reasonable time. Said marshal and deputies or any other persons making arrests shall have the right and privilege to release any person arrested, upon said person giving any good and sufficient bond with security for his or her appearance at the mayor's court, and to answer any judgment that may be made by said mayor's court. Said amount shall be judged by the arresting officer, and made payable to the mayor of Whigham and his successors in office, but in no event shall the marshal, his deputies or other persons after arrest release any person upon a recognizance until they are fully satisfied that the person arrested is sufficiently cool and sober not to repeat the offense arrested for, or any other offense in said town. Arrests. SEC. 12. Be it further enacted, That any person or persons guilty of a violation of this Act, or any by-laws or ordinances of the corporate authorities of the town of Whigham, and who being arrested

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or summoned to appear before the mayor's court shall have accusation distinctly made out in writing with the names of all the witnesses on the back of said accusation, setting forth the offense, when committed, and shall have reasonable time to employ counsel and prepare for his defense to be adjusted by the mayor, who shall fix the amount and require a bond with good security for his personal appearance from time to time until discharged by the process of law; that the mayor shall fine the violator or violators of this Act or any ordinance or by-laws of said town not to exceed one hundred dollars, or imprisonment in the guard-house not to exceed one hundred days, or work upon the streets, sidewalks or alleys in said town not to exceed one hundred days, or any one or more or all the above at the sound discretion of the mayor. Mayor's court. SEC. 13. Be it further enacted, That for any breach of any bond of the marshal, clerk, treasurer, or any other bond whatever required by this Act to be given, the same may be sued and recovered to the full penalties thereof in any court having jurisdiction thereof by the mayor and councilmen of said town. official bonds. SEC. 14. Be it further enacted, That the mayor and councilmen of said town shall have full power and authority to prohibit or regulate by ordinances with special licenses the sale of any and all intoxicants, intoxicating liquors, alcoholic, spirituous, malt liquors and beer of any kind whatever, and also the sale of cigarettes, cigarette tobacco and cigarette paper. Liquor, sale of. SEC. 15. Be further enacted, That the mayor and council shall have full power and authority to abate and suppress any nuisances, and to keep the town in good sanitary condition as may be prescribed for by ordinances or by-laws within said corporate territory. Nuisances. SEC. 16. Be it further enacted, That the mayor and council shall have full power and authority to enact ordinances providing for the establishment of a chain-gang for said town for the punishment of offenders against the ordinances and by-laws of said town; that said chain-gang shall be under the charge of the marshal, and shall be worked upon the streets, alleys and lanes and sidewalks, bridges, within said corporate territory, and under such rules and regulations as may be prescribed by the mayor and council for the control, management and safe-keeping of said convicts. Chain-gang. SEC. 17. Be it further enacted, That the mayor and council shall have full authority to establish and fix such system of grading and drainage of the streets and sidewalks; that they shall have full power and authority to lay out new streets and sidewalks and compel property owners to keep their sidewalks in good repairs as they may deem best; upon failure of any property owner to comply

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with the same within the time prescribed by ordinances the mayor shall have the same done, and levy and collect the expense thereof by execution against the lands and chattels of the owner of the property. Streets. SEC. 18. Be it further enacted, That the mayor and council shall have power and authority to appropriate such sums of money from any funds of the said town to the school funds of State and county as they may deem wise and prudent. That the mayor and council shall become trustees of all the public schools in said corporate territory after the passage of rules and ordinances, with appropriation for their support and management. That the mayor and council shall have full power and authority to collect from the Decatur county school commissioner any and all funds belonging to the public schools in the corporate territory of said town, and appropriate, with the additional fund appropriated by said town, to such schools as the mayor and council may deem best to serve the interest of public education in said town. That the mayor and council shall have full power and authority to employ teachers for all of said schools. Public schools. SEC. 19. Be it further enacted, That any and all laws and parts of laws inconsistent with the provisions of this Act, including all laws incorporating said town, and several Acts amendatory thereof, be, and the same are, hereby repealed. Repealing clause. Approved December 23, 1896. YATESVILLE INCORPORATED. No. 47. An Act to incorporate the town of Yatesville in the county of Upson, and to grant certain powers and privileges, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, That from and after the passage of this Act the town of Yatesville, in the county of Upson, be, and the same is, hereby incorporated under the name of the town of Yatesville; that the municipal government of the town of Yatesville shall be vested in a mayor and four councilmen or aldermen, who are hereby constituted a body corporate under the name and style of the town of Yatesville, and by that name and style shall have a common seal, and be capable in equity and law to purchase, have, hold, receive and retain to

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them and their successors, for the use of the town of Yatesville, any estate, real or personal, of whatever kind or nature, and shall by the same name be capable to sue and be sued in any court of law and equity in this State, and to sell, alien or lease any estate, real or personal, the property of or belonging to said corporation, or to convey the same, or any part thereof, in any manner or way whatever; that the corporate limits of the town of Yatesville shall extend one-half a mile in every direction from the depot of the Macon and Birmingham Railroad in said town. Yatesville incorporated. SEC. 2. Be it further enacted by the authority aforesaid, That Moses J. Harvey be, and is hereby, appointed mayor of said town, and John P. McNeice, W. A. Andrews, Peter F. Brown and W. W. Childs be, and are, hereby appointed councilmen or aldermen of said town, to hold their office until the first election of mayor and councilmen of said town, on the first Tuesday in January, eighteen hundred and ninety-seven, until their successors are elected and qualified, the above named officers to enter upon the duties of their office immediately after the passage of this Act, and that on the first Tuesday in January, 1897, and annually thereafter, elections for one mayor and four councilmen or aldermen shall be held, who shall hold their office for one year and until their successors are elected and qualified. All persons residing within the corporate limits thirty days next preceding any election, and who are duly qualified electors of said State, shall be deemed electors of said town. Said election shall be held and conducted in the same manner as elections for county officers in the State, and a certificate of the managers shall be sufficient authority to the persons elected to enter on the discharge of their duties as such mayor and councilmen or aldermen. Mayor and councilmen. Election. SEC. 3. Be it further enacted by the authority aforesaid, That said incorporation shall have and enjoy all the rights and privileges and powers incident to such corporation not in conflict with the constitution of the United States, the constitution of this State, and the laws made in pursuance thereof; and said corporation, by its mayor and councilmen or aldermen, shall have full power and authority to enact all ordinances, by-laws, rules and regulations necessary for the good government of said town, and securing the health of the inhabitants thereof. General corporate powers. SEC. 4. Be it further enacted by the authority aforesaid, That the said mayor and councilmen or aldermen shall have power and authority to elect such marshals, clerks and other subordinate officers as they may deem necessary for carrying into effect the powers herein conferred upon them, to prescribe the fees and duties of such

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subordinate officers, and require such bonds for the faithful performance of their duty as they may deem necessary and proper. Marshal, clerk, and other officers. SEC. 5. Be it further enacted by the authority aforesaid, That the mayor and each councilman or alderman shall be ex officio a justice of the peace, and shall have full power and authority to issue warrants for any offense committed within the corporate limits of said town, and shall have power to compel the attendance of witnesses and to examine them under oath, to admit any offender to bail, or to commit him or her to jail for violation of the laws of the State, to commit to the guard-house for any violation of the ordinances of the town. Peace officers. SEC. 6. Be it further enacted, That the mayor shall hold court as often as he may deem necessary; in his absence, or in cases where he is disqualified, the mayor pro tem. shall preside. When they are both absent or disqualified any member of the council may preside. Mayor's court. SEC. 7. Be it further enacted, That they shall have power to remove any house, fence, post or other obstruction in the street or on the sidewalks, lanes, alleys or public square, to license all business or occupation permitted in the town. SEC. 8. Be it further enacted, That the sale of malt or spirituous liquors is hereby prohibited within the corporate limits of said town, and any persons violating the provisions of this section shall be punished by a fine of one hundred dollars, or thirty days' imprisonment, or both, at the discretion of the mayor for each offense. Liquor, sale of. SEC. 9. Be it further enacted, That they may pass and enforce ordinances prohibiting the running at large of any and all domestic animals, except dogs, and they may imprison such stock, when found running at large under such rules as they may prescribe. SEC. 10. Be it further enacted, That it shall be the duty of taxpayers, and owners of real estate in said town, and they are hereby required to make returns of the property in said town held by them, in their own or another's right, and the mayor and council have the right to supervise all returns thus made, and fix a just value to the property, and add such property as may not be returned at its value. Tax returns. SEC. 11. Be it further enacted, That they may levy such taxes on the property in the town, both personal and real, as in their judgment may be necessary to defray the expenses of the town and liquidate its debts, not to exceed the constitutional limit, and not in conflict with the constitution. Taxing power. SEC. 12. Be it further enacted, That they shall have the power and authority to license, regulate or prohibit all shows. They shall have power to require all persons within said corporation, who are

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subject to road duty under the laws of this State, to work on the streets of said town, or they may prescribe a commutation tax which may be paid in lieu of said work on said streets, and shall have the power to imprison any defaulter who fails or refuses to work on said streets when required, in the guard-house in said town, not exceeding three days for each day he refuses to work. License tax. Commutation tax. SEC. 13. Be it further enacted, That they shall have full power and authority to open new streets, widen out streets, and otherwise to regulate, lay out, direct and control the streets and sidewalks of said town, to assess a tax for payment of the damages caused by the same, when the property of any person many be injured thereby; and that all streets, alleys, sidewalks, pavements and street crossings shall be under their control and direction, and the mode and style in which all street crossings, sidewalks and pavements shall be constructed. But wherever the mayor and council shall exercise any of the powers herein conferred upon them in reference to the streets and sidewalks to the injury of private rights, there shall be appointed five freeholders of said town, two by the mayor and council, two by the owner of the land to be affected by the action of said mayor and council (or should the owner fail or refuse within five days after having been notified by the mayor of the selection of two freeholders on the part of the mayor and council, then by the ordinary of said county in which the land may lie), and the other by the arbitrators so chosen, who shall assess the damage sustained by the owner or owners of such land, and from the award of such arbitrators either party may appeal to the superior court under the same rules as govern appeals from other courts to the superior court; provided, private property shall not be so taken till the damages as assessed be first paid or be legally tendered; but in case of appeal, the work may nevertheless proceed if the mayor and council will tender damages and give good bond and security for any further damages that may be recovered on the appeal. Streets. SEC. 14. 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 or aldermen from their number), shall be the chief executive officer of said town. He shall see that all ordinances, by-laws, rules and orders made by said mayor and councilmen or aldermen are faithfully executed. He shall have control of the police of said town, and may appoint special police when he may deem it necessary; and he shall deem it his duty, especially, to see that the peace and good order of said town are preserved, and that persons and property therein are protected, and to this end he may cause the arrest and detention of all riotous and disorderly persons in said town. He shall have the power to issue executions for all

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fines, penalties and costs imposed by him, or he may require the immediate payment of same, and in default of immediate payment he may imprison the offender in the guard-house of said town. Mayor, authority of. SEC. 15. Be it further enacted, That if at any time the office of mayor and councilmen or aldermen shall become vacant by death, resignation or otherwise, the remaining members of the council may fill such vacancy by appointing any citizen of said town eligible to said office. SEC. 16. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved December 17, 1896.

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TITLE II. COUNTY OFFICERS. Bibb County Commissioners. Charlton County Commissioners. Chatham County Commissioners. DeKalb County Commissioners. Houston County Insolvent Costs. Jefferson County Treasurer. Lee County Commissioners. Meriwether County Treasurer. Pulaski County Commissioners. Richmond County Treasurer. Spalding County Insolvent Costs. Twiggs County Ordinary. Walton County Commissioners. BIBB COUNTY, BOARD OF COMMISSIONERS. No. 85. An Act to amend an Act to amend an Act entitled an Act to establish a county board of commissioners for the county of Bibb, to define their duties, and for other purposes therein named, which said amendatory Act was approved September 28, 1889, said amendment hereby sought being a change of compensation of county board of commissioners of said county. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act the first section of the above recited amendatory Act, approved September 28, 1889, be amended by striking out in the twelfth and thirteenth lines of said section, the words two hundred ($200) and inserting in lieu thereof the following words, viz.: three hundred ($300), so that said section, as amended, shall read as follows: That it shall require three of said commissioners to constitute a quorum for the transaction of business, and three must concur to pass any order or decree. Each of said commissioners shall be

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entitled to a salary at the rate of three hundred ($300) dollars per annum for their services as county commissioners during their continuance in office, to be paid out of the treasury of said county upon warrant drawn by said board, or a majority thereof. Salary of commissioners. SEC. 2. Be it further enacted by the authority aforesaid, That all laws and parts in conflict with this Act be, and the same are, hereby repealed. Approved December 23, 1896. CHARLTON COUNTY, COMMISSIONERS FOR. No. 97. An Act creating a board of commissioners of roads and revenues for Charlton county, and to define their powers and duties. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act all the duties and powers of the ordinary of Charlton county, so far as the same relates to roads, bridges, public buildings, and the revenue of the county, and all powers in reference thereto, now conferred by law upon the ordinary, are hereby conferred upon the commissioners of roads and revenues as hereinafter set out. Commissioners of roads and revenues. SEC. 2. Be it further enacted by the authority aforesaid, That Felder Lang, W. H. Brooks and John W. Cannady, citizens of said county of Charlton, are hereby appointed a county board of Commissioners for said county. That the term of office of said commissioners shall be the same as that of the ordinary, and shall expire with the ordinary elected October 7th, 1896. That said board shall discharge all the duties herein mentioned until their successors are elected and qualified. Appointed. SEC. 3. Be it further enacted by the authority aforesaid, That at all elections hereinafter held for ordinary, there shall be elected three commissioners for said county of Charlton as aforesaid, who shall constitute the board of commissioners for said county of Charlton. Said commissioners shall be elected in the same manner as the ordinary; shall be commissioned by the Governor and shall hold their office for four years, and until their successors are elected and qualified. Election. SEC. 4. Be it further enacted by the authority aforesaid, That said commissioners shall elect a chairman from their body who shall preside at all of their meetings held by them. In the event

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of the death, resignation, or disability of a member of the board, the ordinary of said county shall order an election to fill said vacancy. Chairman. SEC. 5. Be it further enacted by the authority aforesaid, That said board of commissioners shall meet at the court-house, or some other convenient place at the county site, on the 1st (first) Mondays in January, April, July and October of each year, and at such other times as they may determine that the public necessity demands, not to exceed twelve (12) days annually, and they shall exercise all of the powers and duties herein provided, and they shall keep a full and complete record of all of their proceedings. Meetings. SEC. 6. Be it further enacted by the authority aforesaid, That each member of said board shall, before undertaking to act as herein provided, take and subscribe an oath before the ordinary of said county, to faithfully and honestly discharge the duties of said office, which said oath shall be recorded by said ordinary as other commissioned officers, and the members of said board shall receive two (2) dollars per day for their services, to be paid by the county treasurer by order signed by the chairman of said board. Oath. Compensation. SEC. 7. Be it further enacted by the authority aforesaid, That the said board shall have the same powers and authority to punish for contempt of their court, as the other courts of ordinary have in this State. Contempt. SEC. 8. Be it further enacted by the authority aforesaid, That for failure to perform any of the duties of their office, or committing any malpractice therein, the said member or members shall be dealt with and punished as clerks of the superior courts. Removable SEC. 9. Be it further enacted by the authority aforesaid, That said board may employ a clerk at a salary not to exceed two (2) dollars per day, and shall be paid by warrant, signed by the chairman on the treasurer of the county. Clerk. SEC. 10. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved December 23, 1896.

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CHATHAM COUNTY COMMISSIONERS. No. 101. An Act to amend an Act entitled an Act to amend an Act entitled an Act to amend an Act approved February 21, 1873, entitled an Act to create and organize commissioners of Chatham county, who shall be ex officio judges, to define their jurisdiction and duties, and for other purposes, by providing that the appointments by the Governor shall be of citizens recommended by the grand juries of the superior court of said county, and for other purposes, by providing for the election of said commissioners by the qualified voters of said county, and for other purposes, approved November 22, 1892, by providing for the filling of all vacancies, whether arising from death, resignation or otherwise, by appointment by the board of commissioners of Chatham county, instead of by an election by the people, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act, the first section of the above recited Act, approved November 22, 1892, providing for the election of the commissioners of Chatham county by the qualified voters of said county, instead of being appointed by the Governor upon the recommendation of the grand juries of the superior court, be, and the same is, hereby amended by striking out after the words shall be filled in the nineteenth line. of said section as printed in pamphlet laws of 1892, p. 231, the words as follows: The chairman, or acting chairman, of the board of commissioners of Chatham county shall order an election to be held to fill any vacancy arising by giving notice in the newspaper printing the sheriff's advertisements once a week for four weeks, and by posting said notice at the court-house door for twenty days preceding said election, said election to be held within thirty-five days from the date of said vacancy, and inserting in lieu thereof the following words: by the remaining commissioners for the unexpired term arising from said death, resignation, or other cause, said vacancy to be filled within thirty days from the date of said vacancy, so that said first section, when so amended, shall read as follows: The board of commissioners of Chatham county shall consist of five citizens of said county, who shall be elected by the qualified voters of said county, and who shall hold their offices for a term of four

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years, and until their successors are elected and qualified. The first election under the provisions of this Act shall be held on the first Wednesday in January, 1893, and the commissioners elected at said election shall begin the performance of their duties March 4, 1893. All persons qualified to vote for members of the General Assembly shall be qualified to vote for commissioners of Chatham county. All vacancies, whether arising from death, resignation or otherwise, shall be filled by the remaining commissioners for the unexpired term arising from said death, resignation or other cause, said vacancy to be filled within thirty days from the date of said vacancy. The commissioners of said county, before entering upon the discharge of their duties, shall take the following oath before the ordinary of said county: I do solemnly swear that I will faithfully and impartially discharge the duties of my office, so help me God. Said commissioners shall receive no compensation for their services, but shall be entitled to all exemptions formerly allowed to the justices of the inferior court. Vacancies, how filled. SEC. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved December 23, 1896. DEKALB COUNTY, BOARD OF COMMISSIONERS ABOLISHED. No. 66. An Act to repeal an Act to create a board of commissioners of roads and revenues for the county of DeKalb, to define their power and duties, and for other purposes, approved December 8, 1886, and for other purposes. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, That the Act entitled an Act to create a board of commissioners of roads and revenues for the county of DeKalb, to define their power and duties, and for other purposes, approved December 8, 1886, be, and the same is, hereby repealed. Act creating board repealed. SEC. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved December 23, 1896.

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HOUSTON COUNTY, INSOLVENT COSTS, HOW PAID. No. 125. An Act to authorize and require the county commissioners of roads and revenues of Houston county, or any other officer or officers that shall hereafter manage and control the business and finances of Houston county, to pay out of the treasury of Houston county to the clerk of the superior court, the sheriff, solicitor of the county court, and justices of the peace, notaries public and constables of said county of Houston, in full, all costs that may be legally due them in any criminal case tried in the superior or county court of Houston county, where said defendant is convicted and is sent to the chain-gang of said county for any cause; provided, the county solicitor shall not receive more than ten dollars in any case, and for other purposes. SECTION 1. 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 the duty of the county commissioners of roads and revenues of Houston county, or any other officer or officers that shall hereafter manage and control the business and finances of Houston county, to pay out of the treasury of Houston county to the clerk of the superior court, sheriff, solicitor of the county court, and to the justice of the peace and notaries public, and constables of said county of Houston, all costs in full that may be shown to be due them by the certificate of the judge of the county court in any criminal case tried in the superior or county court of said county for any cause and convicted and sent to the chain-gang of said county; provided, that the county solicitor shall not receive in any case more than ten dollars as fee or compensation. Insolvent costs in Houston superior court, how paid. SEC. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved December 24, 1896.

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JEFFERSON COUNTY, COMPENSATION OF TREASURER. No. 116. An Act to repeal the second section of an Act entitled an Act to regulate and prescribe the compensation of tax-collectors and receivers of Jefferson county so far as relates to the collecting and receiving of the county taxes of said county, and to regulate and prescribe the compensation of the county treasurer of said county, approved March 1st, 1875, and also to fix the compensation of the county treasurer of said county as provided for in section 3703 of the Code of 1882. SECTION 1. Be it enacted by the General Aassembly, That the second section of the above stated Act, which enacts that the county treasurer of said county be, and he is, hereby entitled to receive the sum of two hundred and fifty dollors per annum for his services as such county treasurer, be, and the same is, hereby repealed; provided, that said repeal shall not go into effect until the first day of January, 1897. Treasurer. SEC. 2. Be it further enacted, That from and after the first day of January, 1897, all the provisions of section 3703 of the Code of 1882, which prescribes the fees of county treasurer, shall apply to the said county of Jefferson, and the compensation of the county treasurer of said county shall be the fees prescribed in said section. Fees of. SEC. 3. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved December 23, 1896.

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LEE COUNTY COMMISSIONERS, SALARY OF. No. 123. An Act to amend an Act entitled an Act to alter and amend an Act to create a board of commissioners of roads and public buildings and public property and finances for the county of Lee, and for other purposes, approved February 28, 1876, which was afterwards amended December 18, 1884, by striking out, in the ninth and tenth lines of section 1 of said amended Act, the words the sum of three dollars per diem for the days of actual service and inserting in lieu thereof the words one hundred dollars per annum. SECTION 1. Be it enacted by the General Assembly and by authority of the same, That from and after the passage of this Act that an Act entitled an Act to alter and amend an Act to create a board of commissioners of roads and public buildings and public property and finances for the county of Lee, and for other purposes, approved February 28, 1876, which said amended Act was approved December 18, 1884, the same be, and is, hereby amended by striking out, in the ninth and tenth lines of section 1 of said amended Act, the words the sum of three dollars per diem for the days of actual service, and inserting in lieu thereof and in the place of the same the words the sum of one hundred dollars per annum, so that section 1 of said Act, when amended, shall read as follows: That there shall be elected three commissioners for the county of Lee, to be elected by the grand jury of the first week of the superior court of said county, at the spring term, 1885, as follows, to wit: One for one year, one for two years and one for three years, and one at every subsequent spring term of said jury for the term of three years; that said commissioners shall receive, as compensation for their services, the sum of one hundred dollars per annum, for which services the ordinary is hereby authorized to pass necessary orders upon the county treasurer. Salary of commissioners. SEC. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved December 24, 1896.

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MERIWETHER COUNTY-TREASURER. No. 73. An Act to repeal an Act to fix the compensation of the county treasurer of Meriwether county, approved February 19, 1876, and to provide for the compensation of the county treasurer of Meriwether county, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act the Act entitled an Act to fix the compensation of the county treasurer of Meriwether county, approved February, 1876, be, and the same is, hereby repealed. Special act repealed. SEC. 2. That the county treasurer of Meriwether county shall receive the same compensation as county treasurers now receive under the general law now of force in this State. Compensation of treasurer. SEC. 3. That all laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved December 22, 1896. PULASKI COUNTY, COMMISSIONERS FOR. No. 82. An Act to create a board of commissioners of roads and revenues for the county of Pulaski, and to define their duties, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, That on and after the first day of February, 1897, there shall be established in the county of Pulaski a board of commissioners of roads and revenues to consist of five (5) persons, who shall be citizens residing in different militia districts of said county, to be appointed by the judge of the superior court of Pulaski county, on or before the first day of February, 1897, and which order of appointment shall be furnished the said board of commissioners, who shall have the same entered on their book of minutes. Board of commissioners. SEC. 2. Be it further enacted, That the first two commissioners named in the order of appointment by said judge shall hold their offices until their successors are elected and qualified, which election shall be held with and in the same manner as the regular election for

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county officers, on the first Wednesday in October, 1898, and every four (4) years thereafter. The last three (3) named commissioners shall hold their offices until their successors are elected and qualified, the election for which shall be held with and in the same manner as the regular election for county officers on the first Wednesday in October, 1900, and every four (4) years thereafter. Appointment and election. Term of office. SEC. 3. Be it further enacted, That any vacancy occurring in the board hereby created, or any subsequent board, shall be filled by the remaining commissioners, evidenced by an order placed on their minutes, and the person thus chosen and qualified shall hold his office for the unexpired term of the commissioner whose vacancy he filled. Vacancy. SEC. 4. Be it further enacted, That the commissioners herein provided for shall each, before entering on their duties, besides the oath required of all civil officers, take and subscribe an oath faithfully to discharge the duties herein prescribed, to the best of his ability. Oath. SEC. 5. Be it further enacted, That said commissioners, while acting as such, shall be exempt from road, jury or militia duty, and their compensation shall be three dollars each for every day's actual service rendered, to be paid upon account specifying time and period of service. Exemptions. Compensation. SEC. 6. Be it further enacted, That said board of commissioners shall have and exercise jurisdiction and control in Pulaski county over all county matters that are now vested in ordinaries of the various counties of the State, and especially in examining and auditing the accounts of all officers having care, management, collecting or disbursing the money of the county, and in bringing said officers to a speedy settlement. And for this purpose they may pass orders in pursuance thereof, issue or cause fi. fas. to be issued against said officers and their securities, which fi. fas. shall be directed to all and singular the sheriffs of said State. Powers and duties. SEC. 7. Be it further enacted, That said commissioners shall be authorized to purchase real and personal property to be used for county purposes, or when sold for taxes or other debts in which the county may be interested, and may sell and convey property so purchased, when in their judgment the interest of the county demands it. SEC. 8. Be it further enacted, That said board shall hold meetings at the court-house of said county at stated times to be fixed by the board, not less than once a month. A majority of the members may convene the board in extra session whenever in their opinion it is necessary to do so. Meetings.

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SEC. 9. Be it further enacted, That no order for the payment of money out of the county treasury shall be issued by said board, unless the same shall be signed by at least three members of the board. Disbursements. SEC. 10. Be it further enacted, That the commissioners shall appoint a clerk who may be one of the commissioners, or any other suitable person, who shall receive such reasonable compensation to be paid by the county as shall be fixed by said commissioners, whose duty it shall be to keep the minutes of all proceedings at each meeting of said board, legibly written and in a substantially bound book at the expense of the county, which shall be submitted to the inspection of the grand jury at its regular sittings, and to perform such other duties in connection with his office as may be required by said board. Clerk. SEC. 11. Be it further enacted, That said commissioners may adopt such rules and regulations for the government of their body as are not inconsistent with this Act and the laws of this State. Rules. SEC. 12. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved December 23, 1896. RICHMOND COUNTY, BOND OF TREASURER. No. 43. An Act to fix the bond of the Treasurer of Richmond county, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That the amount of the bond of the treasurer of Richmond county shall be fixed at the sum of fifty thousand dollars for the term commencing January 1, 1897, and for all subsequent terms thereafter. Treasurer's bond $50,000.00. SEC. 2. Be it further enacted, That the treasurer shall have the right to tender to the ordinary a bond in said sum of fifty thousand dollars, with personal security, as now provided by law, or in lieu thereof a bond of some fidelity or trust company, which under its charter is authorized and empowered to go upon the official bonds of public officers. The bond tendered must be approved by the commissioners of roads and revenues, or such other tribunal of Richmond county as may at the time have control and supervision of the affairs of the county. Securities. SEC. 3. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved December 17, 1896.

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SPALDING COUNTY, INSOLVENT COSTS. No. 42. An Act to repeal an Act to require Spalding county to pay the officers of court the costs now allowed by law in each case convicted and worked in the chain-gang of said county, approved December 13, 1895. SEC. 1. Be it enacted by the General Assembly of this State, That an Act entitled an Act to require Spalding county to pay the officers of court the costs now allowed by law in each case convicted and worked in the chain-gang of said county, and approved December 13, 1895, and published on pages 427 and 428 of the Acts of 1895, be, and the same is, hereby repealed. Insolvent costs. Approved December 17, 1896. TWIGGS COUNTY, ORDINARY OF. No. 98. An Act to create an Act to provide for the compensation of the ordinary of Twiggs county for extra services, and so forth. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, That the ordinary of said county shall have for his compensation the sum of five hundred dollars for extra services, and so forth, the same to be paid out of the county treasury of said county. Compensation of ordinary. SEC. 2. 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. Repealing clause. Approved December 23, 1896.

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WALTON COUNTY, COMMISSIONERS OF ROADS AND REVENUES FOR. No. 6. An Act to create a board of commissioners of roads and revenues for the county of Walton, to define the number of commissioners on said board, and to fix their duties, according to the law regulating the authority and supervision of such commissioners over county matters as now provided. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act there shall be established a board of county commissioners in and for the county of Walton in said State. County commissioners. SEC. 2. Be it further enacted by the authority aforesaid, That said board shall consist of three members, who shall be elected by the qualified voters of said county on the third Wednesday in December next; provided, this Act shall be approved by the governor ten days prior to said time. But should it not be passed and approved by said time, then said commissioners for the first term, from their appointment or election up to the election for county officers in October, 1898, shall be elected by the grand jury of said county at the first session of the superior court of said county after the passage of this Act, a majority vote of such grand jury being necessary to an election. Said commissioners shall hold their offices for two years, except as above set out for the first term. They shall be elected at the regular time provided for holding elections for ordinary and other county officers, and shall qualify and be commissioned as other county officers, and all vacancies occurring at any time shall be filled as vacancies in county offices are filled. Election of. Term of office. SEC. 3. Be it further enacted by the authority aforesaid, That said board of county commissioners shall be vested with all the powers now exercised by law by the ordinary of said county over county matters so far as relates to roads, bridges, public buildings, property, management of the county jail and its fees, the control of and maintenance of paupers, assessing and collecting taxes, disbursing public money for county purposes, and the execution of all laws in reference thereto, and so far as the same relates to all other matters over which the inferior court had jurisdiction at the time it was abolished, except lunacy trials. Powers and duties. SEC. 4. Be it further enacted by the authority aforesaid, That

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said commissioners shall, at their first meeting in each year, choose one of their number chairman, whose duty it shall be to preside at all meetings, to approve and sign the minutes of each meeting, and to sign as chairman all orders and processes of said commissioners. Chairman. SEC. 5. Be it further enacted by the authority aforesaid, That said commissioners shall meet in regular session at the county site, once in each month, for the transaction of county business, but may meet in special session whenever in their judgment public necessity may require; and they shall at their first meeting after their organization under this act, appoint some suitable person to serve as clerk, whose term of office shall be the same as the terms of the commissioners, unless removed by them, they having power to do so; in their discretion the compensation of said clerk shall be fixed by said commissioners at their first meeting in each year. At the same time said commissioners shall fix their own salaries, which shall not exceed three dollars for each day's attendance on their regular monthly meetings; the compensation for commissioners and clerks to be paid out of the treasury on orders signed by the chairman. Meetings. Clerk. SEC. 6. Be it further enacted by the authority aforesaid, That it shall be the duty of the clerk to attend on all meetings of the commissioners, and to keep in well bound books, to be provided at the expense of the county, full and accurate records and minutes of all their transactions; to file in the order of their date all original orders and other papers; to arrange and keep in the order of their filing all petitions, applications and other papers addressed to said commissioners, and to record in a separate book all orders made or approved by said commissioners for the payment of money by the county treasurer, and all books, files and records by this Act required to be used or kept shall always be open at the county site for the inspection of any taxpayer of the county on demand. Duties of clerk. SEC. 7. Be it further enacted by the authority aforesaid, That said commissioners shall at least once in each year prepare and submit to the grand jury a complete statement in writing of the condition of the county property, paupers and finances; and shall, whenever called on by the grand jury, furnish full and distinct information concerning the public business of the county. Report to grand jury. SEC. 8. Be it further enacted by the authority aforesaid, That said commissioners shall be commissioned in the same manner as justices of the peace, and before entering on the duties of their office shall take and subscribe to an oath to faithfully discharge the duties of said office. SEC. 9. Be it further enacted by the authority aforesaid, That the said board of commissioners shall require said clerk, before entering

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upon his duties, to take the same oath taken by them, and to enter into a bond with good security, payable to said commissioners and their successors in office, conditioned to well and truly do and perform the duties of said office, said bond to be in the sum of one thousand dollars. Oath and bond of clerk. SEC. 10. Be it further enacted by the authority aforesaid, That it shall be the duty of the ordinary to deliver to said commissioners all books and papers relating to the jurisdiction and powers herein conferred, and said ordinary shall have no power to exercise any of the powers herein conferred upon said commissioners after their election and qualification. Transfer by ordinary. SEC. 11. Be it further enacted by the authority aforesaid, That said commissioners shall be citizens of said county, not less than twenty-five years of age, and shall have resided in said county not less than two years prior to their election. SEC. 12. Be it further enacted by the authority aforsaid, That said commissioners and said clerk shall be exempt from jury duty, street or road duty, and shall be subject to presecution for malpractice in office and removal from office in the same manner as justices of the peace. Exempt from jury duty. SEC. 13. Be it further enacted by the authority aforesaid, That the qualification of voters at said election shall be the same as prescribed by the laws of this State for election for other county officers, and the regulations for making returns shall be the same. Voters. SEC. 14. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this be, and the same are, hereby repealed. Repealing clause. Approved December 3, 1896.

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TITLE III. CITY AND COUNTY COURTS. ACTS. Elbert County, City Court of Abolished. Elberton City Court of Established. CITY COURT OF ELBERT COUNTY ABOLISHED. No. 35. An Act to abolish the city court of Elbert county, to provide that all cases pending therein and all unfinished business, books, papers and records thereof be transferred to the city court of Elberton, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, That so soon as this Act shall go into effect, as hereinafter provided, the city court of Elbert county, established by recommendation of the grand jury, under Act approved October 19th, 1891, shall be abolished. City court of Elbert county abolished. SEC. 2. Be it further enacted by the authority aforesaid, That all cases pending in said city court of Elbert county shall be transferred to the city court of Elberton, to be disposed of as other cases therein. Business transferred to city court of Elberton. SEC. 3. Be it further enacted by the authority aforesaid, That all mesne and final process from the city court of Elbert county, which has not been executed, shall be returnable to the city court of Elberton, and all claims, illegalities and other issues arising from the execution of such process shall be returnable as though such process had issued from the city court of Elberton. Writs returnable to city court of Elberton. SEC. 4. Be it further enacted by the authority aforesaid, That all mesne and final process from the city court of Elbert county not executed when this Act goes into effect, may be executed by the

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officers having the authority to execute similar papers from the city court of Elberton. SEC. 5. Be it further enacted by the authority aforesaid, That all dockets, minutes, records, books and papers of the city court of Elbert county shall be turned over to the clerk of the city court of Elberton. This act goes into operation when. SEC. 6. Be it further enacted by the authority aforesaid, That this Act shall go into effect immediately upon the approval of an Act of the present General Assembly to establish the city court of Elberton in Elbert county, but this Act shall not be effective until the Act above mentioned shall become a law. SEC. 7. Be it further enacted by the authority aforesaid, That all laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved December 19, 1896. CITY COURT OF ELBERTON ESTABLISHED. No. 58. An Act to establish the city court of Elberton in Elbert county; to define its jurisdiction and powers; to provide for the appointment of a judge and other officers thereof, and to define their powers and duties; to provide for pleading and practice and new trials therein, and writs of error therefrom, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act, the city court of Elberton is hereby established, to be organized, located and held in the city of Elberton, in Elbert county, Georgia, with jurisdiction, civil and criminal, over the entire county of Elbert. City court of Elberton established. SEC. 2. Be it further enacted by the authority aforesaid, That said city court of Elberton shall have jurisdiction to try and dispose of all cases of whatever nature, except those cases over which exclusive jurisdiction is vested in other courts by the constitution of Georgia; provided, that in all cases brought in said city court for the principal sum of one hundred dollars or less, the defendant shall not be liable to pay more than justice court costs. Jurisdiction in civil cases. SEC. 3. Be it further enacted by the authority aforesaid, That said city court of Elberton shall have jurisdiction to try and dispose of all

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criminal cases for all offenses committed in the county of Elbert, where the offender is not subjected to loss of life, or confinement in the penitentiary. In criminal cases. SEC. 4. Be it further enacted by the authority aforesaid, That there shall be a judge of said city court of Elberton, who shall be appointed by the governor, by and with the advice and consent of the Senate, whose term of office shall be four years, and all vacancies in said office shall be filled by appointment of the governor for the residue of the unexpired term; such appointment being subject to the approval of the Senate, which may be then in session, or if the Senate be not in session at the time of such appointment, or shall fail to act, then subject to the approval of the Senate at its next session thereafter; provided, that the judge first appointed under this Act shall, if the Senate be not in session, or shall fail to act, hold and fill the office, subject to the approval of the Senate at the next session thereafter. The judge of said city court of Elberton shall receive a salary of one thousand dollars per annum, which shall not be increased or diminished during his term of office, and shall be paid monthly out of the treasury of the county of Elbert. Judge, how appointed. SEC. 5. Be it further enacted by the authority aforesaid, That any person who shall be appointed judge of said city court must, at the time of said appointment, be at least twenty-seven years of age; he must also have been a resident of Elbert county at least four years immediately preceding his appointment, and must also have been a practicing attorney at law at least five years before his appointment, and before entering upon the discharge of the duties of his office he shall take and subscribe the following oath: I solemnly swear that I will administer justice, without respect to persons, and do equal right to the poor and rich, and that I will faithfully and impartially discharge and perform all the duties which may be required of me as judge of the city court of Elberton, according to the best of my ability and understanding, according to the laws and constitution of this State and of the United State, so help me God, and said oath shall be forwarded to the governor and filed in the executive department. Said judge shall have the right to practice law in all courts, except the city court of Elberton. Qualifications and oath of judge. SEC. 6. Be it further enacted by the authority aforesaid, That there shall be a solicitor of said city court of Elberton, to be appointed by the judge thereof, whose term of office shall be two years. The fees of said solicitor shall be as follows: For every case finally disposed of in said city court founded on accusation, ten dollars ($10.00); for every indictment or special presentment finally disposed of in the city court, five dollars ($5.00); for every case for a violation of the gambling laws of the State, twenty-five

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dollars ($25.00); for representing the State in each case carried to the supreme court from said city court, fifteen dollars ($15.00). Said solicitor shall for his services in the supreme court be paid out of the treasury of the State by warrant, drawn by the Governor, upon certificate of the clerk of the supreme court as to the performance of such services, and the certificate of the clerk of the city court of the insolvency or acquittal of the defendant. For all services for which Act does not provide, said solicitor shall receive the same fees now allowed by law for similar services in the superior court. Said solicitor before entering upon the duties of his office shall give bond with good security in the sum of one thousand dollars, conditioned for the faithful discharge of the duties of his office, and shall in addition to the oath required of all civil officers, take and subscribe the following oath: I do swear that I will faithfully and impartially, and without fear, favor or affection, discharge my duties as solicitor of the city court of Elberton, so help me God. Said bond shall be payable to the governor, shall be approved by the judge of said city court, and shall, together with said oath, be entered on the minutes of said court by the clerk, and may be sued on by any person interested. If for any reason said solicitor should fail or be disqualified to act in any case, the court shall have power to appoint a solicitor pro tem. Solicitor, appointment and fees of. Bond and oath of. SEC. 7. Be it further enacted by the authority aforesaid, That there shall be a clerk of said court, who shall be appointed by the judge thereof and shall hold his office for a term of two years. Before entering upon the discharge of his duties he shall take a similar oath and give a similar bond to that required by this Act for the solicitor of said court, and the same shall be entered upon the minutes of said court. The fees of the clerk of said city court shall be the same as are now, or may hereafter be, allowed by law to the clerk of the superior court, except in criminal cases founded on an accusation in said city court, he shall only receive three dollars ($3.00), and for his services at the regular terms of said court he shall receive three dollars per day. Clerk. SEC. 8. Be it further enacted by the authority aforesaid, That the sheriff of Elbert county shall, by virtue of his office, be sheriff of the city court of Elberton, and in his official connection with said court shall be known as the sheriff of the city court of Elberton. Before entering on the discharge of the duties of his office, he shall execute a bond with good security in the sum of five thousand dollars, for the faithful discharge of the duties of his office. He shall have power, with the consent of the judge of said court, to appoint a deputy, who shall, before entering upon the discharge of the duties of his office, give a bond in the sum of two

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thousand dollars, conditioned as the bonds of other deputy sheriffs. Said sheriff shall receive the same fees as are now, or may be hereafter, allowed by law to the sheriff of Elbert county, and for his attendance at the regular terms of said city court he shall receive the same pay, to be paid him in the manner as now, or as may hereafter be, allowed him for similar services in the superior court of Elbert county. Sheriff. SEC. 9. Be it further enacted by the authority aforesaid, That the judge of the city court of Elberton is empowered to exercise the same authority over the clerk and sheriff and deputy sheriff of said court as may be exercised by the judges of the superior courts over the clerks, sheriffs and deputies in the counties in Georgia. SEC. 10. Be it further enacted by the authority aforesaid, That the judge of the city court of Elberton shall have authority to issue criminal warrants, warrants to dispossess tenants holding over, and intruders; to issue distress warrants; to issue attachments and garnishments; to attest deeds and other papers, and take affidavits anywhere in this State; and said judge, solicitor, clerk and sheriff, and his deputy shall have power to administer all oaths, and do all other official acts pertaining to their offices respectively as the judge and other officers of the superior court may in like cases do. Said judge shall also have power to issue writs of habeas corpus and hear and determine the same as judges of the superior courts may do; to cause testimony to be taken to be used de bene esse, and for the purpose of perpetuating testimony within his jurisdiction, and generally to do all acts which the judges of the county courts of this State are authorized to do, unless otherwise provided in this Act. And said judge of the city court of Elberton shall have all the powers and authority, throughout his jurisdiction, of judges of the superior courts, except where by law exclusive power and authority is vested in the judges of the superior courts; and all laws relating to and governing judges of the superior courts shall apply to the judge of said city court, so far as the same may be applicable, except as herein provided. Powers of judge. SEC. 11. Be it further enacted by the authority aforesaid, That the regular terms of said city court of Elberton shall be held quarterly, beginning on the second Mondays in February, May, August and November of each year. The judge of said court shall have power to hold said court in session from day to day for a period not longer than four weeks from the beginning of each term. Terms of said court. SEC. 12. Be it further enacted by the authority aforesaid, That suits in said city court shall in all respects be conformable to the mode of proceedings in the superior courts, except as hereinafter provided; but the process to writs shall be annexed by the clerk of

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said city court, shall be attested in the name of the judge thereof, and be directed to and served by the sheriff of the city court of Elberton or his deputy thereof, and all executions issuing from said court shall be attested in the name of the judge and signed by the clerk and directed to the sheriff or his deputy of the city court of Elberton, and to all and singular, the sheriffs or their deputies of the State of Georgia. Practice in. SEC. 13. Be it further enacted by the authority aforesaid, That in all matters pertaining to service and pleading and practice, the laws governing the superior courtwhere not inconsistent with this Act, and unless otherwise specially provided by this Actshall be applicable to said city court. SEC. 14. Be it further enacted by the authority aforesaid, That the judge of said city court shall have power and authority to hear and determine all civil causes of which said court has jurisdiction, and to give judgment therein; provided, that either party in any civil cause pending in said court shall be entitled to a trial by jury in said court, upon entering a demand therefor, by himself or his attorney, in writing, on or before the call of the appearance docket at the appearance term of said case, in all cases in which such party may be entitled to a trial by jury under the constitution and laws of this State. Jury trials. SEC. 15. Be it further enacted by the authority aforesaid, That said court shall have jurisdiction of all claim cases, where personal property is levied under process from said court, which claims shall be tried in the same manner as claims in the superior court, except that the pleadings in the case shall make the issue, and it shall be unnecessary for the parties to tender and join issue in claim cases as is practiced in other courts. Claim cases. SEC. 16. Be it further enacted by the authority aforesaid, That all laws upon the subject of attachments and garnishments in the superior courts of this State shall apply to said city court so far as the nature of the city court will admit. The judge of said city court or any other officer authorized by law to issue attachments, may issue attachments returnable to said city court under the same laws that govern the issuing of attachments in the superior courts, and all attachments returnable to the city court of Elberton shall be directed to all and singular the sheriffs and constables of this State and may be served by the sheriff of the city court or his deputy, or any sheriff or constable or other officer authorized by law to levy attachments returnable to other courts. Attachment and garnishment. SEC. 17. Be it further enacted by the authority aforesaid, That garnishment proceedings in said city court shall be conformable to the laws on the State on the subject in the superior court.

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SEC. 18. Be it further enacted by the authority aforesaid, That all proceedings to make parties in any cause in the city court shall conform to the laws on that subject in the superior courts. Parties. SEC. 19. Be it further enacted by the authority aforesaid, That the general laws of this State with regard to the commencement of suits in the superior courts, defenses, sets-off, affidavits of illegality, arbitration, examination of witnesses by interrogatories or under subp[oelig]na, witnesses and their attendance, continuances and all matters pertaining to pleading and practice, and all matters of a judicial nature within the jurisdiction of said city court shall be applicable to said city court. Practice. SEC. 20. Be it further enacted by the authority aforesaid, That said city court of Elberton shall be a court of record and shall have a seal, and the minutes, records, dockets, and other books and files that are required by law to be kept for the superior court shall be kept in and for said city court and in the same manner, and all laws applicable to the duties of the clerk and sheriff in the superior court shall apply to them in said city court, except where they conflict with the provisions of this Act. Court of record. SEC. 21. Be it further enacted by the authority aforesaid, That all laws regulating the enforcement of judgments of the superior courts, whether civil or criminal, shall apply to said city court, and executions shall issue and be levied and sales be had thereunder under the same rules and laws regulating the same in the superior courts. Judgments, how enforced. SEC. 22. Be it further enacted by the authority aforesaid, That the judge of the city court of Elberton shall have the power to enforce his orders, to preserve order, punish for contempt, and to enforce all his judgments as is vested by law in the judges of the superior courts of this State. Contempt. SEC. 23. Be it further enacted by the authority aforesaid, That traverse jurors in the city court of Elberton shall be procured in the following manner: The clerk of said court shall provide a city court jury box similar to the traverse jury box of the superior court, and shall write upon separate pieces of paper the names of each person upon the grand jury list of the superior court and of each person upon the traverse jury lists of the superior court, and shall place said names of all persons on said superior court lists in the city court jury box, from which shall be drawn traverse juries to serve in the city court. All laws with reference to the drawing and summoning and empanelling traverse jurors in the superior courts shall apply to the city court of Elberton, and said city court judge shall have the same power to summon tales jurors for the city court that the judges of the superior courts have for the superior courts. Jurors in said city court shall receive the same pay

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and be paid in the same manner and under the same rules and regulations as jurors in the superior courts are or may hereafter be paid. Jurors. SEC. 24. Be it further enacted by the authority aforesaid, That all laws with reference to the qualification, empanelling, challenging and fining jurors, now of force or hereafter to be enacted, regulating the same in the superior courts, shall apply to and be observed in said city courts, except when inconsistent with the provisions of this Act. In all cases where issues are to be tried by jury, the parties shall be entitled to a full panel of twenty-four from which to strike. In civil cases each party shall be entitled to six peremptory challenges, and in criminal cases the defendant shall be entitled to seven peremptory challenges and the State five, and all laws and rules governing the selection of juries in the superior courts shall apply to the city court of Elberton, unless inconsistent with this Act. Challenges. SEC. 25. Be it further enacted by the authority aforesaid, That all civil cases pending in said court in which a jury is demanded by either party, as provided in section fourteen of this Act, and all criminal cases in which the defendant shall demand a jury, as provided in section twenty-seven of this Act, a jury trial shall be had in term time under the provisions of this Act by a jury of twelve men, as in the superior courts. All civil cases in which no jury is demanded by either party shall be tried by the court in term time, and all criminal cases in which no jury is demanded by the defendant shall be tried by the court either in term time or at any time between the regular terms of said court, and said court shall be open for the trial of such criminal cases at all times. Trials. SEC. 26. Be it further enacted by the authority aforesaid, That defendants in criminal cases in said city court of Elberton may be tried on written accusation setting forth plainly the offence charged, which accusation shall be signed by the prosecutor and by the prosecuting officer of said city court. Accusation. SEC. 27. Be it further enacted by the authority aforesaid, That when any criminal case in the city court, founded either upon indictment or presentment by a grand jury, or upon an accusation in said city court, is called for trial, and before the arraignment of the defendant, the judge shall inquire of the defendant whether he demands a trial by jury, and the response of the defendant shall be entered on said indictment or accusation and signed by the prosecuting officer in said court. If the defendant demands a trial by jury and the said court is not sitting at a regular term, the judge shall admit the defendant to bail to appear at the next regular term, or on the defendant's failure to give bond, shall commit him

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to jail to await his trial at a regular term. If the defendant waives trial by jury, then the judge of said court shall proceed to hear and determine such criminal cause without a jury; provided always, that a reasonable time may be granted the State or defendant to procure witnesses. Demand for jury in criminal cases. SEC. 28. Be it further enacted by the authority aforesaid, That the judges of the superior court of Elbert county may transfer any or all presentments or bills of indictment for misdemeanors to said city court for trial, the order so transmitting the same to be entered on the minutes of both courts. Misdemeanor cases transferred. SEC. 29. Be it further enacted by the authority aforesaid, That the judge of said court shall have the same power to appoint bailiffs at each term of the court that judges of the superior court have. Bailiffs. SEC. 30. Be it enacted by the authority aforesaid, That a writ of error direct from said city court of Elberton to the Supreme Court of this State shall lie upon a bill of exceptions field under the same rules and regulations as govern and control the filing of bills of exceptions, and the issuing of writs of error in the superior court of this State. Writs of error. SEC. 31. Be it further enacted by the authority aforesaid, That all cases, civil and criminal, now pending and undisposed of in the city court of Elbert county shall be, and the same are, hereby transferred to said city court of Elberton, and the same shall be tried and disposed of as other cases in the city court of Elberton; all dockets, records, books, and papers of the city court of Elbert county shall be turned over to be used and disposed of by the city court of Elberton. All final and other processes heretofore issued returnable to the city court of Elbert county shall be returned to the city court of Elberton. The judge and other officers of the city court of Elberton shall have power to issue and enforce, in the name of the city court of Elberton, any and all processes in any case from the city court of Elbert county necessary to the final disposition of the same, which from any cause have not been issued and enforced by the officers of the city court of Elbert county. All fi. fas. and final processes not satisfied issued from the city court of Elbert county may be levied and enforced by the officers of and in the same manner as similar papers from the city court of Elberton. Cases transferred from city court of SEC. 32. Be it further enacted by the authority aforesaid, That the judge of said city court of Elberton shall have power to grant new trials in all cases, civil and criminal, in said court upon the same terms and conditions and under the same laws and regulations in every respect governing the granting of new trials in the

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superior courts. All rules of pleading, practice, and procedure governing motions for new trial in the superior courts shall apply to and govern the same in said city court. New trials. SEC. 33. Be it further enacted, That the first term of said court to which a case is brought shall be the appearance or return term, and the second term shall be the trial or judgment term, and all the laws, rules and practice in the superior courts with reference to the terms thereof shall apply in the city court of Elberton, unless in conflict with this Act or otherwise provided herein. Terms. SEC. 34. Be it further enacted, That whenever the judge of said city court is from any cause disqualified from presiding in any case, and the judge of the superior court on account of absence or other cause shall fail to preside in said court, as provided in the constitution of this State, then upon consent of the parties or upon their failure or refusal to agree, said cause may be tried by a judge pro hac vice selected in the same manner as now provided for in the superior courts. Judge pro hac vice. SEC. 35. Be it further enacted, That the judge of said city court shall have power and authority to hire out the convicts of said city court, under and subject to the laws and regulations governing the hiring out of misdemeanor convicts of this State, and the money arising from such hire shall constitute a part of the insolvent fund of said court, and shall be paid out by said judge together with fines and forfeitures as provided in section 36 of this Act. Convicts of. SEC. 36. Be it further enacted, That at or within ten days after each regular term of said city court, and oftener if he shall deem proper to do so, the judge of said court shall distribute the fines and forfeitures and convict hire arising from cases tried in said court as follows: Fines, forfeitures and convict hire arising in cases which originate in said city court shall be prorated between the solicitor and clerk and sheriff of the city court and justices of the peace and constables, on their bills for insolvent costs in cases originating in said city court. Fines, forfeitures and convict hire arising from cases transferred from the superior court to the city court shall be prorated between the solicitor, clerk and sheriff of the city court, the solicitor-general and clerk and sheriff of the superior court and justices of the peace and constables on their bills for insolvent costs in transferred cases. If at any time there shall be a surplus of the insolvent fund arising from cases originating in the city court after paying all insolvent costs on cases originating in the city court, the same shall be applied to the insolvent costs in transferred cases, and if at any time there shall be a surplus of the insolvent fund arising in transferred cases, after paying all insolvent costs in transferred cases, the same shall be applied to insolvent costs in cases

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originating in the city court. The judges of said city court shall before paying insolvent bills approve the same and order them entered on the minutes of said court, and such bills for insolvent costs shall be a lien on said insolvent fund superior to all other liens. Fines and forfeitures. SEC. 37. Be it further enacted, That the commissioners of roads and revenues of Elbert county shall provide the necessary books for keeping the dockets, minutes and records of said city court and all other books and stationery necessary to run said court, and that said court may be held in the court-house of Elbert county, in said city of Elberton. Books, etc. SEC. 38. Be it further enacted, That in misdemeanor cases transferred from the superior court to the city court of Elberton, the cost of the solicitor-general of the circuit shall be five dollars, to be collected and paid as other costs in the city court. Fees of solicitor-general in transferred cases. SEC. 39. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved December 19, 1896.

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TITLE IV. EDUCATION. ACTS. Barnesville public schools, application for. Calhoun public school, system for. Fulton county, tax for local school system, etc. Madison public school system, Act amending. Millen school bonds, issue authorized. Moultrie public school, system for. Norcross, bonds for school purposes. Raccoon public school, system for. Roswell public schools, bonds for. Royston public schools, bonds for. BARNESVILLE, PUBLIC SCHOOLS FOR. No. 64. An Act to alter and amend the charter of the town of Barnesville, in the county of Pike, and the acts amendatory thereof, so as to better provide for the maintenance of the schools of said town, by striking from the 29th section of said charter, which provide for a system of public schools, the word fifteen in the 23d line of said section, and inserting in lieu thereof the words twenty-five. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority aforesaid, That section twenty-nine (29) of the charter of the town of Barnesville, in the county of Pike, be, and the same is, hereby amended by striking from said section the word fifteen in the twenty-third line of said section, and inserting in lieu thereof the words twenty-five, so that said section as amended will read as follows:

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The mayor and council of said town shall have power to establish and maintain a system of public schools; provided, however, that such power shall not be exercised until an election is ordered and held under such rules and regulations as may be prescribed by ordinance on the question as to whether such system of public schools shall be established. Two-thirds of the qualified voters of said town voting at said election shall be sufficient to authorize the corporate authorities to establish such schools. Said mayor and council shall have power to issue and negotiate the requisite bonds as provided by law, to raise revenues or otherwise engage the credit and apply the resources of the town for the establishment and maintenance of said system of public schools; said mayor and council shall, by ordinance or otherwise, in their discretion, provide for appropriate agencies to regulate and carry out said system of public schools and render the same efficient; provided, that should the mayor and city council deem it best not to submit the question of public schools to the people as aforesaid, or should it be submitted, and then not be a requisite vote to establish the same, the said mayor and council may, if they deem it advisable, appropriate a sum not to exceed twenty-five hundred dollars annually, for the maintenance of two schools in said town, one for the whites and one for the colored or negro children; and should the mayor and city council appropriate any amount whatever for the purpose aforesaid, it shall be in their power to direct how, when and to whom the same shall be paid. Public schools for Barnesville, how established. SEC. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved December 22, 1896. CALHOUN, PUBLIC SCHOOLS FOR. No. 74. An Act to authorize the town of Calhoun, in Gordon county, Georgia, to establish and maintain a system of public schools for said town, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia (the corporate authorities of said town having so recommended), That the mayor and aldermen of the town of Calhoun, Georgia, are hereby authorized to levy and collect a tax annually, in addition to that now allowed by law, not to exceed one half of one per cent.

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on the taxable property of said town as shown by the regular digest of property prepared for purposes of town taxation, for the purpose of establishing and maintaining a system of public schools for said town, for a term of ten months in each year; said fund not to to be used for any other purpose. Tax for public schools. SEC. 2. Be it further enacted by the authority aforesaid, That before this Act shall become operative, its adoption shall be submitted to the qualified voters of said town, for which purpose the mayor and aldermen of said town shall order an election, of which ten days' notice shall be given by publication in the Calhoun Times, and within sixty days from the date of the approval of this Act, which election shall be held under the same rules and regulations as elections for mayor and aldermen of said town, and the qualification of voters shall be the same. At said election, those in favor of public schools shall have printed or written on on their ballots For public schools, and those against public schools shall have printed or written on their ballots Against public schools. The managers of said election shall make returns to the mayor and aldermen of said town, whose duties it shall be at their first regular meeting thereafter, or at a called meeting, if the regular meeting is longer than ten days after said election, to open said returns, declare the result, and record the same in the book in which said mayor and aldermen keep a record of their proceedings; and if two-thirds of the qualified electors of said town, qualified to vote at said election, shall be for public schools, this Act shall become operative, and said mayor and aldermen, and the commissioners hereinafter appointed, shall proceed to carry out their respective duties under the same. Should the result of the election hereinbefore provided for be against public schools, the mayor and aldermen of said town may, in their discretion, order other elections to be held, not oftener than one per year, until the result is for public schools. Election for. SEC. 3. Be it further enacted by the authority aforesaid, That in case of the adoption of this Act by two-thirds of the qualified voters of said town voting at any election provided for in this Act, W. L. Hines, O. N. Starr, W. G. Fuller, T. W. Harbin, F. A. Cantrell, B. M. Harlan, and W. R. Rankin, shall be and constitute the board of education of Calhoun. The term of said board of education shall expire on the first of January after the lapse of two years following the adoption of this Act, or until their successors shall be elected and qualified. The successors of aforesaid board shall be elected by the qualified votors of said town on the same day that the election of mayor and aldermen of said town is held, after the expiration of two years from the adoption

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of this Act as aforesaid. The terms of the elected successors to be as follows: two for one year, two for two years, and three for three years. Elections to fill vacancies on the board occurring annually by expiration of terms, shall be held on the same day that elections for mayor and aldermen are held, subject to same regulations, and by the same managers as said elections of mayor and aldermen are held. At the first election of the board of education held under this Act, the terms for which those elected shall hold shall be determined by drawing, or lot, to fix their respective terms. All vacancies, other than by expiration of terms, shall be filled by the remaining members of the board. All members elected to succeed those whose terms have expired shall be elected for a term of three years, and until their successors are elected and qualified, and those seleeted to fill unexpired terms shall hold only for the balance of such unexpired terms. Board of education. SEC. 4. Be it further enacted by the authority aforesaid, That the said, the board of education of Calhoun, shall be a body corporate, with the right to sue and be sued, plead and be impleaded in any of the courts of this State. Corporate powers. SEC. 5. Be it further enacted by the authority aforesaid, That said board shall supervise, regulate and make efficient said school system; shall have power to make rules for the government of themselves, and the teachers and pupils of said schools; to elect such principals, and such number of assistant teachers as they may deem necessary; to remove any principal or assistant when they consider it to the interest of the school to do so; to fix salaries of principals and assistants, and the mode and times of payment; to prescribe the course of studies; to hold and apply any grants or donations of money or property made by any person or corporation for the benefit of said schools, and to do other and all such acts, not inconsistent with the laws of this State, as may promote the efficiency of the system of education under their charge. Control of schools. SEC. 6. Be it further enacted by the authority aforesaid, That said board shall organize by electing from their number a president, a vice-president, a secretary and a treasurer, the salaries of the last named two officers to be fixed by the board, but not to exceed twenty-five dollars each per annum; all other members of the board to receive no salary. The treasurer shall give bond in sufficient amount, with good security, to be judged by said board and payable to said board, for the faithful discharge of his duties, and the safe keeping and disbursement of all money, bonds and matters intrusted to his care. He shall pay out no funds, except by order of the board, a majority of said board constituting a quorum for the transaction of any and all business. Officers of board.

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SEC. 7. Be it further enacted by the authority aforesaid, That it shall be the duty of the secretary to keep a record of all the acts of the board, and the record thereof open to the inspection of all the citizens of said town; to prepare annually a list of pupils entitled to the State school fund in attendance upon said public schools, who reside in Gordon county, and furnish it to the treasurer of said board, who shall present the same to the school commissioner of said county, and receive from him such portion of the educational fund of Gordon county as said pupils are entitled to, to be determined by the number of said pupils, which said sum it shall be the duty of said county school commissioner to pay over to said treasurer, to be applied by said board to the maintenance of said schools according to law and it shall further be the duty of said treasurer to receive from the mayor and aldermen of said town all the money raised by them by taxation under this Act, to be applied and appropriated under the discretion of said board, according to the provisions of this Act; and it shall be the duty of said mayor and aldermen to turn over to said treasurer said funds on order of said board. Said treasurer shall also receive the incidental fees, and other proceeds of said schools, and report the same to the board at each meeting. Said treasurer shall keep a record of all moneys received and paid out by him, and take proper vouchers for all disbursements. School fund. SEC. 8. Be it further enacted by the authority aforesaid, That the schools established by the authority of this Act shall be free to all children residing within the corporate limits of Calhoun, subject only to the payment, in advance, of such incidental fee, not to exceed the sum of fifty cents quarterly, as may be fixed or prescribed by the board. Children of non-residents may be admitted to said schools upon such terms as may be prescribed by said board of education. Free schools. SEC. 9. Be it further enacted, That provision shall be made under this Act, by said board, for the education of all children, both white and colored, in said town, but separate schools shall be provided for white and colored children. Separate schools for races. SEC. 10. Be it further enacted, That said board of education shall determine as early as practicable after the beginning of each scholastic year what amount of money it will be necessary to raise by taxation to defray the expenses of running said public schools for the year, and shall lay the same before the mayor and aldermen of Calhoun, and it shall be the duty of said mayor and aldermen to proceed to levy and collect the same; and when collected, paid over to the treasurer of the board of education, which shall then constitute a fund to be expended by said board in

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payment of teachers and other expenses incident to the maintenance and promotion of the interests of said public schools. Tax, how levied. SEC. 11. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved December 22, 1896. FULTON COUNTY, PUBLIC SCHOOLS FOR. No. 1. An Act to establish and maintain a local public school system in the county of Fulton, outside of the city of Atlanta and of the town of East Point, to provide for the levy and collection of a special tax in support of same, and for other purposes. 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 there shall be established in the county of Fulton, outside of the corporate limits of Atlanta and of East Point (two successive grand juries having so recommended, and public notice having been given as required by law), a local system of public schools to be conducted, maintained, supported and provided for in the manner hereinafter set forth. Public schools for Fulton county. SEC. 2. Be it likewise enacted, That the board of education of Fulton county shall consist of five members, the members of said board of education to be elected by the grand jury of Fulton county at the spring term of the superior court of said county, and shall hold their office for four years, and until their successors are elected and qualified; that the members of the present county board of education of Fulton county shall hold their offices as members of the board of education created under this Act until the terms for which they are elected shall have expired, as follows: W. J. Northen and W. P. Pattillo until April 1st, 1900, and I. S. Hopkins, J. M. Liddell and T. T. Thomason, until April 1st, 1898. That the grand jury of Fulton county at the spring term of the superior court of the years when the terms of members of the board of education expire shall elect their successors for a term of four years; that if there should be a vacancy by death, resignation or otherwise, then said vacancy shall be filled for the unexpired term by the grand jury at the first term of the court after such vacancy occurs; that three members of the board of education

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shall constitute a quorum for the transaction of all business, and each member of said board of education in attendance upon its meetings shall receive a per diem of two dollars for each day said board is in session, to be paid out of the educational fund of said county. Board of education for. SEC. 3. Be it likewise enacted, That the members of said board of education shall be freeholders; that the said board shall at its first meeting after the passage of this Act, elect one of their own number to be president of said board, who shall serve as such during the term for which he was chosen a member of said board; the said board shall also at the same time elect a superintendent of public schools who shall be ex officio the secretary of said board, and a treasurer; that the superintendent and the treasurer shall each hold their offices for a term of four years, unless sooner removed for neglect of duty, inefficiency or malfeasance or corruption in office; that the president of said board shall not receive any compensation other than that received by the other members of said board, but that the superintendent of schools and the treasurer shall receive such salary as the said board shall fix. Officers of board. SEC. 4. Be it likewise enacted, That it shall be the duty of the president of said board to preside over the deliberations of said board, which duty in his absence shall be performed by a president pro tempore, to be selected by the said board, and to see that all orders and resolutions of the board are faithfully carried out and to perform such other duties as the board may determine. The duties of the superintendent of public schools shall be to faithfully and carefully look after and superintend the schools established by said board of education, to examine all applicants for the positions of teacher in said schools, to make from time to time to said board such recommendations as he may think will increase the efficiency of said schools, to act as secretary of said board and record and preserve all the acts and resolutions of said board, and to perform such other duties as may be imposed upon him by said board. It shall be the duty of the treasurer of said board to receive, safely keep and pay out, under order of said board, all the public school fund of Fulton county provided for in this Act, and to make such reports as the said board may require of him; that the bond of said treasurer shall be for such sum as the board may determine and shall be for the faithful performance of his duties and for the safe keeping and properly paying out as ordered of all funds that may come into his hands belonging to the educational fund of said county. Duties of officers. SEC. 5. Be it likewise enacted, That the duties of the said board of education shall be to establish in Fulton county, outside of the

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corporate limits of Atlanta and of East Point, as many schools as may be necessary for the educational interest of said county; provided, that separate schools shall be provided for the white children and the colored children; to provide schoolhouses by building, renting, purchase or otherwise, and to repair the same if deemed advisable; to employ teachers for the schools established after an examination by said board as may be provided; to prescribe the curriculum of all the schools and to arrange courses of study; to provide all necessary school furniture and educational appliances when considered best; to fix salaries of teachers, said salaries to be paid in such manner and at such time as the said board may prescribe; to make and receive and hold titles to all property that said board may acquire by purchase, lease, gift or otherwise; to make such by-laws, rules and regulations for the government of the board and of the schools, and for the receiving and paying out of all funds as they may deem necessary; and said board shall have all the rights and powers, other than those mentioned, that the county board of education of this State now have, and such other rights and powers not mentioned as may be necessary in carrying out the provisions of this Act. Duties of board. SEC. 6. Be it likewise enacted, That the funds necessary for establishing, maintaining and supporting said public schools shall be derived as follows: 1. The board of commissioners of roads and revenues of said county of Fulton is hereby authorized, empowered and required to levy each year after the passage of this Act a special tax as the board of education may recommend, not to exceed one-fourth of one per cent. on all the property, real and personal in said county, outside the corporate limits of Atlanta and of East Point, subject to taxation, which said tax shall be collected by the tax-collector of said county at the same time and in the same manner as he collects the State and county taxes, and said tax-collector shall pay said taxes as he collects it to the treasurer of the said board of education of Fulton county. 2. The State school commissioner is hereby authorized and required to pay to the treasurer of the board of education of Fulton county the pro rata share of the State public school fund belonging to Fulton county without the said board making the itemized statement now required by law. 3. The board of education may require of non-resident pupils, and of pupils under or over the legal school age, admitted into such schools, such tuition fee as they may fix. Special tax. Common school fund. SEC. 7. Be it likewise enacted, That the funds received from the sources hereinbefore mentioned shall constitute the educational fund of Fulton county and shall be in the hands of the

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treasurer and be paid out on the order of the board of education for the purpose of carrying out the objects of this Act. Educational fund of county. SEC. 8. Be it likewise enacted, That all said schools established under the provisions of this Act shall be open for not less than six months nor more than nine months in each year, and shall be absolutely free for all children between the ages of six and eighteen years of age, whose parents, guardians or natural protectors reside within said county of Fulton and outside the corporate limits of Atlanta and East Point; provided, that the board of education shall have the authority to indicate the school that any child or children shall attend, and to fix a maximum and minimum number of pupils that may or shall attend any school, and to close said school at any time said school shall fall below the minimum of attendance required. Scholastic terms. SEC. 9. Be it likewise enacted, That any member of said board of education shall for inefficiency, corruption or malfeasance in office be removed from said board by the grand jury of Fulton county. Members of board removable. SEC. 10. Be it likewise enacted, That all contracts with said board of education shall, on the part of the board of education, be signed by the superintendent and approved by the president, except the contracts with the teachers, which shall be signed by the superintendent alone acting under the authority of the board. Contracts, how made. SEC. 11. Be it likewise enacted, That this Act shall be submitted to an election for approval or disapproval by the qualified voters of Fulton county residing outside the corporate limits of Atlanta and of East Point on Wednesday, December the 16th, 1896. The ordinary of Fulton county is hereby authorized, empowered and required to cause the election provided for in this section to be held throughout the county on the day named and to cause same to be held in connection with and under the same managers of the election required by law to be held for the election of supreme court judges on that day. The ordinary of Fulton county is hereby directed and required to give ten days' public notice of such election in the newspaper in which the sheriff's advertisements are published. Those voters favoring public schools and this Act shall have written or printed on their ballots For public schools; and those opposing shall have written or printed on their ballots Against public schools. That said election shall be held in the same form and manner as elections for members of the General Assembly of this State are held, except that the consolidated returns shall be made to the ordinary of Fulton county, who shall determine the result of said election. Said returns of said election shall be made by 12 o'clock M. on the day following said election. If public schools or this Act should be favored by a two-thirds

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vote of the persons qualified to vote at said election, the ordinary shall so declare in writing, and his declaration shall be published twice in the newspaper in said county in which the sheriff's advertisements are published, and after said publication this Act shall take effect and be of force. Election. SEC. 12. Be it likewise enacted, That should this act fail to receive the two-thirds vote of those persons qualified to vote in said election, it may again be submitted to the qualified voters of said county after twelve months from the 16th of December, 1896, shall have elapsed, and upon the petition of fifty freeholders of said county the ordinary thereof shall cause said second election upon this Act to be held any time after twelve months from the first election; provided, that thirty days' public notice of such election shall first be given in the newspaper in which the sheriff's advertisements are published. Said second election shall be held under the same regulations as are provided in section 11 of this Act. Other elections. SEC. 13. Be it likewise enacted, That nothing in this Act shall alter or abridge the authority of the school board of East Point or in any way repeal or alter the Act creating the system of East Point, and the board of education created by this Act is required to pay over to said board of East Point the pro rata share of the State public school fund derived from the State or its authorities that said town of East Point may be entitled to as shown by the ratio of children of school age within the corporate limits of East Point to the children of school age in the county. East Point. SEC. 14. Be it likewise enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved November 17, 1896.

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MADISON, PUBLIC SCHOOLS OF. No. 105. An Act to amend section 4, section 6 and section 8 of an Act to establish a system of public schools in the city of Madison, Morgan county, Georgia, approved December 11, 1894, so as to make the mayor of said city an ex officio member of the board of education of Madison, Georgia; and so as to require an actual residence of six months within the corporate limits of the said city by parents, guardians or natural protectors before their children or wards can enjoy, free of tuition, the benefit of said schools; and so as to give to the said board of education the appointment of a superintendent of said schools instead of the mayor and council as now provided, and also the power to issue diplomas to such pupils as have successfully completed the curriculum of studies in said schools. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, That section 4 of an Act to establish a system of public schools in the city of Madison, Morgan county, Georgia, approved December 11, 1894, be, and the same is, hereby amended by adding at the close of said section the following sentence, to wit: The mayor of the city of Madison shall be ex officio a member of the said board of education, and four shall be a majority of said board, so that said section 4, when so amended, shall read as follows: 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

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pleasure of said board. No member of said board of education shall be eligible to 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. The mayor of the city of Madison shall be ex officio a member of the said board of education and four shall be a majority of said board. Mayor and board of education. SEC. 2. Be it further enacted, That section 6 of said Act be, and the same is, hereby amended by striking from the first sentence thereof all the words after the words Be it further enacted, and substituting for the words stricken the following words, to wit: That all children between the ages of six and eighteen years of age, whose parents, guardians or natural protectors shall have bona fide resided within the corporate limits of said city for six months next preceding their application for admission as pupils into said schools, shall be entitled, free of tuition, to the benefit of the same, so that said section 6, when so amended, shall read as follows: Be it further enacted, That all children between the ages of six and eighteen years of age, whose parents, guardians or natural protectors shall have bona fide resided within the corporate limits of said city for six months next preceding their application for admission as pupils into said schools, shall be entitled, free of tution, to the benefit of the same. 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 may be applied to the maintenance of said schools. Admission to public schools. SEC. 3. Be it further enacted, That section 8 of said Act be, and the same is, hereby amended by striking therefrom the words the mayor and council of said city, and substituting therefor the words the said board of education, and also by adding at the close of said section the following sentence, to wit: The said board of education shall have power to grant diplomas or certificates of gradnation to such pupils as may have successfully completed the curriculum of studies in said schools, so that the said section 8, when so amended, shall read as follows: Be it further enacted, That the said board of education 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 remove him for malfeasance or misconduct in office. The said board of education shall have power to grant diplomas or certificates of graduation to such

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pupils as may have successfully completed the curriculum of studies in said schools. Superintendent. Diplomas. SEC. 4. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved December 23, 1896. MILLEN, BONDS OF, FOR PUBLIC SCHOOLS. No. 78. An Act to authorize the mayor and council of the town of Millen to issue bonds to the amount of eight ($8,000.00) thousand dollars, for the purpose of constructing and equipping an academy or academies for said town, and for purchasing a lot or lots upon which to erect the same; to provide for the payment of the principal and interest of said bonds by local taxation, and for the submission of the question of issuing said bonds to a vote of the qualified voters of said town. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That the mayor and council of the town of Millen, said State, be, and the same are, hereby authorized and empowered to issue bonds of said town, not to exceed in amount the sum of eight ($8,000.00) thousand dollars, said bonds to be of such denominations as the said mayor and council may determine is most expedient. Said bonds shall bear a rate of interest not to exceed six per cent. per annum, and shall mature and become payable at such time or times as said mayor and council may determine within twenty years after the issue thereof. Bonds. SEC. 2. Be it further enacted, That the mayor and council of said town shall assess, levy and collect annually upon all the taxable property of said town a tax in addition to the taxes collected for the current expenses of said town, and in the same manner that taxes of said town are assessed and collected, a sufficient amount for the purpose of paying the interest on said bonds as the same shall become due and to provide a sinking fund for the payment of the principal of said bonds as the same shall mature, and the said mayor and council are hereby authorized and empowered to assess and levy a tax not to exceed one fourth of one per cent. upon the taxable property of said town in addition to the amount they are

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now authorized to levy should it become necessary in order to meet the principal and interest of said bonds. Tax. SEC. 3. Be it further enacted that said bonds shall be signed by the mayor and countersigned by the clerk of the council under the corporate seal of said town and shall be negotiated in such a manner as said mayor and council shall determine to be for the best interest of said town. Sale of bonds. SEC. 4. Be it further enacted, That the proceeds arising from the sale of said bonds shall be applied and appropriated by said mayor and council in erecting and furnishing suitable buildings for academies or schoolhouses in said town and in purchasing lots, if necessary, upon which to erect the same. The amount to be paid for said lot or lots, the style of buildings to be erected and the proportion of the funds to be applied to such purpose; and all the details shall be left to the discretion and determination of said mayor and council; provided always, that separate schools for the whites and colored shall be maintained. School buildings. SEC. 5. Be it further enacted, That after the erection and furnishing of said academy or academies, schoolhouse or schoolhouses, the same shall be turned over to a board of trustees to be composed of five members; all of them shall be resident citizens of said town; said board of trustees shall be elected by said mayor and council for such terms as may be fixed by ordinance. Trustees. SEC. 6. Be it further enacted, That the provisions of this Act shall not have effect until the same shall have been submitted to a vote of the qualified voters and approved by a two-thirds vote of the qualified voters of said town. Election for bonds. SEC. 7. Be it further enacted, That so soon after the passage of this Act as may be expedient said mayor and council shall order an election to be held in said town, and shall give notice thereof for the space of thirty days next preceding the day of the election in the newspapers where the sheriff's advertisements for the counties of Burke and Screven are published. Said notice shall state that on a day named an election will be held to determine the question whether bonds shall be issued by said town, and shall specify the amount of the bonds to be issued for that purpose, what interest they are to bear, how much principal and interest to be paid annually, and when to be fully paid off. Said election shall be held on the day named in said published notice at the usual voting precinct for said town, and shall be held by the same persons and in the same manner and under the same rules and regulations that elections for mayor and council are held. And the same qualifications shall be required for voters in said election as are required of voters in the municipal elections of said town. The managers

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of said election shall make return of the result of the said election to the mayor and council of said town on the day after the election, and the result thereof shall be also published within ten days after said election by one insertion in the papers in which notice of said election is given. How held. SEC. 8. Be it further enacted, That the ballots cast at said election shall contain the words For bonds, or Against bonds, and if a majority of two-thirds of the qualified voters of said town shall vote for bonds, then it shall be the duty of said mayor and council to issue said bonds as is herein provided; but should such two-thirds majority not be For bonds, then there shall be no authority in said mayor and council to issue such bonds. SEC. 9. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Aproved December 22, 1896. MOULTRIE, PUBLIC SCHOOLS FOR. No. 9. An Act to establish a public school system for the city of Moultrie, in Colquitt county, Georgia, to provide for the raising of revenues to maintain said schools, to authorize and require the county school commissioner to pay to the corporate authorities of said city of Moultrie such part of the State school fund as may be the pro rata share of all children attending and eligible to enter said schools, to provide buildings for said schools, and for a board of commissioners and other officers of said schools, and for other purposes named therein. SECTION 1. The General Assembly do enact, That from and after the passage of this Act there shall be established in the city of Moultrie, Colquitt county, in the State of Georgia, a system of public schools, to be established, conducted, maintained and supported and provided for in the manner prescribed in this Act. Moultrie public school. SEC. 2. Be it further enacted, That the mayor and aldermen of said city of Moultrie, in Colquitt county, are hereby authorized and required to set apart annually one-half of all the proceeds that arise from the granting of license to sell spirituous liquors by said city authorities within the city of Moultrie, or one-half the profits that may arise from the vending of spirituous liquors in or by said city other than that now carried on and authorized by law, and also all

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the proceeds that arise from the grant of licenses to circuses or other shows traveling through the country and exhibiting under tents and otherwise within the city of Moultrie. In case of necessity the said mayor and aldermen, upon a recommendation of two-thirds ([frac23]) vote of all members of said board of commissioners hereinafter provided for, shall proceed to levy and collect annually in addition to that now authorized by law, an ad valorem tax not to exceed one-fifth ([frac15]) of one per cent. on the taxable property of said city for the purpose of establishing and maintaining public schools of said city; provided, that the money so collected shall be used only for the purpose herein set forth. Funds for. SEC. 3. Be it further enacted, That all children whose parents, guardians or natural protectors reside bona fide within the corporate limits of said city of Moultrie, and in Colquitt county, shall be entitled to the benefits of said schools, but white and colored children shall be taught in separate schools. Admission to. SEC. 4. Be it further enacted, That the mayor and aldermen shall provide for the election of a board of six school commissioners for said city of Moultrie, with perpetual succession. They shall hold their offices until their successors are elected and qualified, as hereinafter provided. They and their successors in office shall have power to acquire property, personal and real, by purchase, donation or otherwise, and hold the same in trust for said city of Moultrie, with the right to sue and the liability of being sued. Said board of commissioners shall divide themselves into three classes, by lot or otherwise. The term of office of the first class shall expire at the end of one year, that of the second class shall expire at the end of two years, and that of the third class shall expire at the end of three years. At the election held every year for the purpose of electing a mayor and board of aldermen, the successors of the two retiring members of said board of commissioners shall be elected at the same time and in the same manner as the mayor and board of aldermen of said city are elected. If a vacancy occurs, then the other members of said board of commissioners shall fill such vacancy, by appointment, for the remainder of the unexpired term. No one shall be eligible to the office of school commissioner, under this Act, who is not a resident of said city and who is not twenty-one years old, or who is a holder of any municipal office. The said board of commissioners shall have full power and authority to employ a principal and such assistant teachers as they may consider necessary for said schools, fix their salaries and regulate the time and mode of payment thereof, fix the rates of tuition, select a series of text-books, make rules and enact by-laws for the government of said schools, and do and perform all acts and things necessary and

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proper for carrying out the provisions of this Act not contrary to the laws of this State. Commissioners for. SEC. 5. Be it further enacted, That as soon as practicable after their election, the board of commissioners shall organize by electing from their number a chairman and chairman pro tem., a secretary, and treasurer. The secretary shall keep a record of all the acts and doings of the board, which record shall be open to the inspection of any person interested therein. The treasurer shall give bond with good and sufficient security, payable to said board and their successors in office, conditioned for the safe keeping and the proper disbursement of all funds placed in his charge as such treasurer, the amount of said bond and the sufficiency of the security to be judged by said board. Said board at any time may require said treasurer to increase the amount of his bond or give other additional security, or both, as they shall deem proper, and no funds shall be disbursed except upon order of the board. Said treasurer shall have as compensation any amount deemed reasonable and just by said board for his services not exceeding $75.00 per annum. Officers of board. SEC. 6. Be it further enacted, That the schools provided for in this Act shall admit all pupils under such rules and regulations as the board of commissioners may prescribe, not in conflict with the laws of this State or the United States. Admission to. SEC. 7. Be it further enacted, That the said mayor and aldermen shall make, or cause to be made, a full and complete list of all pupils in attendance upon said schools (between the ages of six and eighteen years) who reside in said county of Colquitt, and forward the same to the county school commissioner on or before the 31st day of December, 1896, and annually thereafter. That the county school commisioner shall pay directly to the mayor and aldermen of the said town of Moultrie, quarterly, the pro rata part of the State school fund due the town of Moultrie, to be estimated according to the ratio that the school population of said town bears to the school population of said county, as shown by the list of pupils furnished the county school commissioner by the mayor and aldermen of said town as aforesaid, and also the amount of said State school fund due to non-resident children attending said school, as shown by the list furnished the county school commissioner by the mayor and aldermen as aforesaid. Common school fund. SEC. 8. Be it further enacted by the authority aforesaid, That before this Act shall be operative, the mayor and aldermen of said city of Moultrie shall order an election, giving at least ten days' notice in the Moultrie papers, to ascertain the sense of the qualified voters of said city under the provisions of this Act, as to whether or not public schools shall be established and maintained

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in said. The voters at said election shall have printed or written on their ballots the words Public schools, or No public schools, and if at said election two-thirds of the qualified voters of said city shall cast their ballots for public schools, then said mayor and aldermen shall proceed to levy and collect revenues for the maintenance of said schools as provided in this Act. Election. SEC. 9. Be it further enacted, That all elections held under this Act shall be under the same rules and regulations that govern the election of mayor and board of aldermen in said city, and the qualifications of the voters at said elections be the same as for mayor and aldermen in said city. The managers in said elections shall count the ballots and declare the result thereof, which result shall be certified to by the managers, and together with all the papers, turned over to the mayor and aldermen of said city, who shall keep a record of the same. SEC. 10. Be it further enacted, That any person who shall vote at any election authorized under this Act without being qualified to vote, according to the provisions of this Act, shall be deemed guilty of a misdemeanor, and shall upon conviction thereof be punished as prescribed in section 1039, volume III. of the Code of 1895. Qualified voters. SEC. 11. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved December 11, 1896. NORCROSS, BONDS OF, FOR PUBLIC SCHOOLS. No. 115. An Act to provide for the issuing of bonds by the town of Norcross, in Gwinnett county, for the purchasing of school property, building schoolhouses and for other purposes, after submitting the same to the qualified voters of Norcross. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, That the mayor and council of the town of Norcross shall provide annually for an election to be held in said town until the provisions of this Act are adopted; provided, the notice of the intention to hold said election shall have been given as required by section 508(1) of the Code of Georgia; said election shall be held and returns thereof made in the same manner as elections are held for mayor and council of said town, and the qualifications of the

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voters at said election shall be the same as required by law at the election for mayor and council. All persons voting at said election shall have written or printed on their ballots the words For issuing bonds, or the words Against issuing bonds. And if it shall appear to the mayor and council that two-thirds of the qualified voters residing in said town (the election for mayor and council last preceding being taken and considered to determine the number of voters in said town) have voted for issuing bonds, the said mayor and council are hereby authorized to issue bonds, provide for the payment of the same upon conditions, and for other purposes herein prescribed. Election for bonds. SEC. 2. Be it further enacted, That in the event the necessary majority of the votes shall be cast at said election For issuing bonds, the mayor and council of said town of Norcross shall be empowered and authorized to purchase, build or construct two schoolhouses, one for white and one for colored children of said town. Schoolhouses. SEC. 3. Be it further enacted, That for the purposes of enabling the mayor and council of said town to buy suitable real estate and to purchase, build or repair schoolhouses and supply the same with suitable furniture, apparatus, etc., the mayor and council of said town are authorized to issue bonds of said town not to exceed the amount of four thousand dollars, to run not to exceed twelve years, bearing interest not exceeding seven per cent. per annum, payable annually, said bonds to be issued in the sum of fifty dollars each, and shall be signed by the mayor and countersigned by the treasurer of said town, and the principal and interest coupons shall be payable at maturity on presentation to the treasurer of said town. Said bonds, when issued, shall not be sold for less than par and only so much of the same shall be sold or negotiated as said mayor and council may require for the purposes specified in this Act, and said mayor and council may deem proper. SEC. 4. Be it further enacted, That for the purpose of providing for the payment of the principal and interest due on the bonds issued and negotiated, said mayor and council shall set apart from the funds raised annually by taxation a sufficient amount to meet the interest and principal on said bonds falling due. Tax to pay bonds. SEC. 5. Be it further enacted, That the mayor and council of said town be, and they are, hereby authorized and required to levy and collect such tax upon the taxable property in said town as will be necessary to carry out the provisions of this Act and to adopt such methods in reference to a fair and equitable assessment of said property for taxes as they may deem wise and just. SEC. 6. Be it further enacted, That all property purchased or

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acquired by this Act shall vest in said town of Norcross for the benefits of said schools. SEC. 7. Be it further enacted that all laws in conflict with this Act are hereby repealed. Repealing clause. Approved December 23, 1896. RACCOON, PUBLIC SCHOOLS FOR. No. 96. An Act to establish a system of free schools in the town of Raccoon, in Chattooga county, to provide for the maintenance and government thereof, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, That the mayor and council of the town of Raccoon, in the county of Chattooga, are hereby authorized to levy a per capita tax, not less than one nor more than two dollars, in addition to the authority now given said mayor and council to levy a per capita tax for street purposes; and that the per capita tax so levied and one-half of the per capita tax for street purposes shall be used for the purpose of establishing and maintaining free schools in and for said town of Raccoon, and for no other purpose. Tax for schools. SEC. 2. Be it further enacted by the authority of the same, That the may or and council of said town shall provide, by ordinances, such rules and regulations as to them may seem proper for the appointment of a board of trustees, define their term of office and duties, and to do all other acts and things necessary and proper for the purpose of carrying into effect the purposes of this Act to establish and maintain a system of free schools in said town of Raccoon by taxation, as herein provided. Trustees. SEC. 3. Be it further enacted by the authority of same, That the school commissioner of the county of Chattooga is hereby authorized and required to pay over to such person as the mayor and council of the town of Raccoon may authorize to receive the same, for the use of said free schools, under such rules and regulations as said mayor and council may prescribe, the proportion of the common school fund arising from any source, belonging to said town, to be estimated by the board of education of said county upon any plan which said board may adopt in distributing the public school fund to the country schools of the county, to be by said town authority expended in the establishment and maintenance of said free school,

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as authorized and directed by the constitution and laws of the State. Common school fund. SEC. 4. Be it further enacted, That the county school commissioner and the mayor and council of said town of Raccoon may enter into an agreement upon what terms children living out of town, within school limits, may enter said schools, said county school commissioners paying to the said town authorities the common school fund to which said children are entitled, and the said authorities charging such additional sum as may seem reasonable and just. SEC. 5. Be it further enacted by authority of the same, That the mayor and council of said town shall order an election, giving at least ten days' notice, in six conspicuous places in said town, to ascertain the desire of the qualified voters of said town in reference to the establishing of said free schools. All persons voting at said election shall have written or printed on their ballots For free schools, or Against free schools, and if the question shall be decided affirmatively by the necessary majority, this Act shall become operative to appropriate half of the street tax to said funds authorized by this Act and establish said school in accordance with the same. Election for free schools. SEC. 6. Be it further enacted by authority of the same, That should the question be decided in the negative, then this Act shall not become operative; provided, that should the Raccoon Manufacturing Company obligate itself to pay annually the sum of $300.00 to said mayor and council for the purpose of being applied to free schools, as set out in this Act, then the same may become operative, except that portion relating to the per capita and street tax. Raccoon Manufacturing Co., $300. SEC. 7. Be it further enacted by the authority of the same, That the election held under this Act shall be held under the same rules and regulations as the election of mayor and council are now held. Election. SEC. 8. Be it further enacted by authority of the same, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved December 23, 1896.

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ROSWELL, BONDS OF, FOR PUBLIC SCHOOLS. No. 11. An Act to amend an Act to establish a system of public schools in the town of Roswell, Cobb county, to provide for the election of a school board, to levy a tax for the support of the same, and for other purposes, approved December 20th, 1892, so as to authorize the mayor and council of the town of Roswell to submit to the legal voters of said town the issuance and sale of the bonds of said town to the amount of five thousand dollars ($5,000.00), to mature in twenty (20) years and to draw interest at the rate of six per cent. (6%), payable semi-annually, for the purpose of purchasing, erecting and equipping school buildings for the town of Roswell, and to make said bonds non-taxable by said city authorities, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, the corporate authorities of the town of Roswell so recommending, That an Act to establish a system of public schools in the town of Roswell, Cobb county, to provide for the election of a school board, to levy a tax for the support of the same, and for other purposes, approved December 20, 1892, be amended, and that an election be held in the town of Roswell in said county of Cobb as soon after the passage of this Act as the mayor and council thereof may decide, notice thereof first to be given in the manner provided by law, to determine the question of creating a bounded indebtedness for said town for the purpose of purchasing or erecting and equipping school buildings for said system of public schools in said town. All persons entitled to vote for mayor and council in said town shall be entitled to vote in said election, and said election shall be held under the same rules and regulations as the municipal regulations of said town are held. Those favoring the issuing and sale of bonds for the purposes herein provided shall have on their ballots the words For bonds, and those opposing the issuing and sale thereof shall have on their ballots the words Against bonds. Bonds for school buildings. SEC. 2. Be it further enacted, That if two-thirds of the voters of said town entitled to vote in said election shall cast their ballots for the bonds at said election, the mayor and council of said town shall, and they are, hereby authorized to issue the bonds of said town, to be signed by the mayor and council thereof, in an aggregate amount not to exceed five thousand dollars ($5,000), of ($100)

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one hundred dollars each, to be known as the Roswell school bonds, and to mature twenty years (20) from the date they are issued, and to draw interest at a rate not greater than 6 per cent. (6%) per annum, payable semi-annually on 1st day of January and July of each year. Before the issuing of said bonds said mayor and council shall provide for the assessment and collection of an annual tax on the taxable property of said town sufficient in amount to fully pay the principal and interest of said bonds as the same shall mature, but no part of the funds so raised shall be used for any purpose other than that herein provided. Said bonds shall be negotiated by the mayor and council at not less than par, and without expense to the town, and the whole proceeds thereof shall be turned over to the treasurer of the board of education of said town, to be by said board expended in purchasing school buildings or lots and erecting suitable buildings for said system of public schools, furnishing and equipping the same, and making them suitable for said schools, as hereinbefore provided, and for no other purpose, and only so many of said bonds shall be negotiated by said mayor and council as said board shall determine to be necessary for said purposes. Said bonds shall not be subject to taxation by the authorities of said town. Election for. Tax to pay bonds. SEC. 3. Be it further enacted, That if the result of said election be against bonds, the mayor and council of said town may, in their discretion, order other elections, to be held not oftener than one per year, until the result is for bonds. Elections. SEC. 4. Be it further enacted, That all laws conflicting with this Act are hereby repealed. Repealing clause. Approved December 11, 1896.

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ROYSTON, BONDS FOR SCHOOL BUILDINGS. No. 48. An Act to authorize and empower the town of Royston, in the county of Franklin, through and by its officers, to issue and sell the bonds of said town, not to exceed in amount the constitutional limit, for the purpose of erecting in and for said town public school buildings; to provide for the payment of the principal and interest on said bonds, as the same may become due, by the levy of a tax upon the property of said town, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act the mayor and council of the town of Royston, in the county of Franklin, be, and they are, hereby authorized to issue the bonds of said town, not to exceed in amount the constitutional limit, in such denominations as the said mayor and council may determine, to be due and payable at any time within twenty years after issue, as they, the said mayor and council, may fix, and may bear interest, when so issued, at any per cent. the said mayor and council may fix, not to exceed seven per cent. Bonds of Royston for school buildings. SEC. 2. Be it further enacted, That it shall be the duty of the said mayor and council, and they are hereby empowered, to assess and collect a tax upon the taxable property within the corporate limits of said town, sufficient to pay the interest and principal of said bonds as the same may become due, and an amount each year, in the discretion of said mayor and council, to establish and maintain a sinking fund for the payment of the principal of said bonds when the same may become due. Tax to pay bonds. SEC. 3. Be it further enacted, That said bonds, or so much of them as may be necessary for the purposes for which they may be issued, shall be signed by the mayor and recorder of said town of Royston, and may be sold in such manner as said mayor and council may determine for the best interests of said town. How signed and sold. SEC. 4. Be it further enacted, That when said bonds shall have been issued and sold as provided in this Act, it shall be the duty of said mayor and council to apply the proceeds thereof, or so much thereof as may be necessary, to the building of public school buildings in and for said town, which shall be the property of said town. Proceeds. SEC. 5. Be it further enacted, That the election for issuing of bonds under authority of this Act shall, in all respects, be in accordance

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with the constitution of the State and the laws in pursuance thereof. Election for. SEC. 6. Be it further enacted, That in all elections held under authority of this Act, those voting for bonds shall have on their ballots the words For bonds, and those voting against the issuing of bonds shall have on their ballots the words Against bonds. SEC. 7. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved December 17, 1896.

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TITLE V. MISCELLANEOUS. Appling county, chain-gang. Bibb county, chain-gang. Camden county, fishing. Whitfield county, fishing. Wilkes county, insolvent costs. Wilkes county, election managers. Wilkes county, insolvent costs. APPLING COUNTY, CHAIN-GANG. No. 76. An Act to authorize the ordinary of Appling county to organize chain-gangs of the misdemeanor convicts and work them on the roads in said county. SECTION 1. Be it enacted by the General Assembly, and it is hereby enacted by authority of the same, That the ordinary of Appling county shall have authority to organize chain-gangs in said county of the misdemeanor convicts and work them on the public roads of said county. Chain-gang in Appling county. SEC. 2. Be it further enacted by the authority aforesaid, That the said ordinary shall have the right to make such contracts, with the proper authorities of other counties, for the lease or hire of their misdemeanor convicts and work the same on the public roads in said county, and to make such rules and regulations necessary for the proper working of said convicts in accordance with the law now in force in this State, regulating the manner, method and treatment of misdemeanor convicts in this State. Convicts. SEC. 3. 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 22, 1896.

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BIBB COUNTY, WORK ON ROADS IN MACON. No. 34. An Act to amend an Act of the General Assembly of Georgia, approved October 30, 1885, entitled an Act to repeal the second section of an Act entitled an Act to regulate and control certain convicts in the county of Bibb, approved February 27, 1877, and for amending the road laws of said county, and for other purposes, so as to provide that the board of county commissioners of Bibb county shall work certain roads and streets within the city of Macon, and up to certain limits, and for other purposes SECTION 1. Be it enacted by the General Assembly of the State of Georgia, That the above recited Act be, and the same is, hereby amended, by adding thereto at the end of the first section, and as part thereof the following: and provided also, that the road commissioners for said county of Bibb shall work said convict force as much as may be necessary upon such streets and roads within the city of Macon as the board of county commissioners of said county may think proper to place upon the list of public roads for said county, under the law now governing said board of county commissioners, in the matter of registering roads of the county; said convict force shall not however be employed or worked upon any of the streets or roads within the city of Macon, except such as lie northwest of Boundary street, and such work shall be subject to the general direction of the mayor and council of the city of Macon. Bibb county chain-gang to work in Macon. SEC. 2. Be it further enacted 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, 1896.

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CUMBERLAND ISLAND, FISHING. No. 108. An Act to protect the fish, oysters, clams, shrimps, terrapins, crabs, prawns, and other food products in the waters of Christmas Creek and the creeks and inlets tributary thereto or connected therewith, and in the marshes contiguous to said waters, said waters and marshes being situated between Great or Big Cumberland Island and Little Cumberland Island, in the county of Camden. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, That on and after the passage of this Act, it shall be unlawful for any person or persons, in any manner, to fish for, drag for, or seine for, or to use explosives or poisons for the purpose of killing or catching any fish, oysters, clams, shrimps, terrapins, crabs or prawns in the waters of Christmas Creek, a tide-water stream flowing between Great or Big Cumberland Island and Little Cumberland Island, in Camden county, Georgia, or from the creeks and inlets tributary thereto, or connected therewith, or in any manner to take from said water, or the marshes contiguous thereto, any such food products whatsoever, without first obtaining a written permit, signed by the owners of the land contiguous to, and on both sides of said waters and marshes; provided, that such owners and the proprietor and guests of hotel Cumberland and the employees thereat shall not be required to obtain such written permit. Fishing at Cumberland Island. SEC. 2. Be it further enacted, That any person or persons violating the provisions of this Act shall be guilty of a misdemeanor, and on conviction shall be fined not less than twenty-five dollars nor more than two hundred dollars, or in default of paying such fine, be imprisoned in the county jail of said county not more than sixty days in the discretion of the judge. Penalty for. SEC. 3. Be it further enacted, That in case of conviction, one-half of the fine imposed and collected shall be paid to the prosecutor. SEC. 4. Be it further enacted, That all laws or parts of laws in conflict with the provisions of this Act are hereby repealed. Repealing clause. Approved December 24, 1896.

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WHITFIELD COUNTY, FISHING IN WATERS OF. No. 107. An Act to regulate the taking of fish in the streams of Whitfield county for the space of five years. SECTION 1. Be it enacted, and it is hereby enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act it shall be unlawful to trap, seine or catch in any way other than with a hook and line or gig any fish in any of the streams of Whitfield county for the term of five years from the date of the passage of this Act. Fishing. SEC. 2. That any person or persons violating the provisions of this Act shall be guilty of a misdemeanor, and on conviction therefor shall be punished as prescribed in section 4310 of the Code of Georgia. Penalty. SEC. 3. That all laws or parts of laws in conflict with this Act are hereby repealed. Approved December 24, 1896. WILKES COUNTY, INSOLVENT COSTS. No. 40. An Act to amend an Act entitled an Act to appropriate the proceeds of the hire of misdemeanor convicts in the counties composing the Northern judicial circuit to the payment of the costs accruing to the officers of court in which the conviction was had, and for distribution on the insolvent costs, approved Ocber 15th, 1887, so as to exempt Wilkes county from the provisions of said Act. SECTION 1. Be it further enacted by the General Assembly of Georgia, That the above recited Act be, and is, hereby amended by adding to section 1 the following words, to wit: and provided further, that the provisions of this Act shall not apply to the county of Wilkes, so that the said section, when so amended, shall read as follows: Be it enacted by the General Assembly of Georgia, That from and after the passage of this Act the proceeds of the hire of misdemeanor convicts in the several counties composing the Northern judicial circuit shall be appropriated, first, to the payment

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of the costs accruing to the officers of court, including the costs due the officers in the superior court on transferred cases, any balance to be distributed as other fines and forfeitures; provided, nothing in this Act shall interfere with the rights of officers of county courts as now fixed by law; provided further, that the provisions of this Act shall not apply to any county embraced within the Northern judicial circuit until the same shall first receive the approbation and sanction of the grand jury of the county to be affected by the terms of the Act; provided, that the provisions of this Act shall not apply to the counties of Lincoln and Hancock; and provided further, that the provisions of this Act shall not apply to the county of Wilkes. Insolvent costs in Wilkes. SEC. 2. 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, 1896. WILKES COUNTY, ELECTION MANAGERS. No. 29. An Act to provide compensation for election managers and clerks at all general and special elections held in the county of Wilkes, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act all managers and clerks at general and special elections held in the county of Wilkes shall receive the following compensation: For their services at elections held at the county site two dollars per day, and at elections at other precincts in said county one dollar per day. Compensation of election managers. SEC. 2. Be it further enacted, That said election managers shall present their bills for services as aforesaid to the person or persons having authority to audit claims against the county, who shall order the same paid out of the county treasury if found correct. SEC. 3. Be 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, 1896.

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WILKES COUNTY, INSOLVENT COSTS. No. 27. An Act to repeal an Act approved February 28th, 1876, providing that the insolvent cost of the solicitor mentioned in said amendatory Act shall be paid from funds realized from hiring out convicts of said county court, in Wilkes county, by the judge thereof, and as well as from fines and forfeiture, and to forbid the priority or precedence of the accrued claims of any offices of said county court for insolvent costs over the claims of justices of the peace and constables in cases arising after the passage of this Act. SECTION 1. Be it enacted by the General Assembly of Georgia, That the above recited Act, approved February 28th, 1876, providing for the appropriation of the fund arising from the hire of the misdemeanor convicts of Wilkes county to the payment of the insolvent costs of the solicitor of the county court of said county be, and the same is, hereby repealed. Fees of solicitor of county court. SEC. 2. Be it further enacted, That from and after the passage of this Act, the insolvent costs of the solicitor and bailiff, or sheriff acting as bailiff of said court, which have previously accumulated, shall have no lien on the fund arising from the hire of the misdemeanor convicts of said county of Wilkes, nor shall such accrued claims for insolvent costs by said officers have any priority or precedence over the claims of justices of the peace and constables in said county for their pro rata share of said fund, as provided for under the general law of this State. Insolvent costs. SEC. 3. Be 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, 1896.

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Part IV.Private Laws. ACTS. Georgia College of Eclectic Medicine and Surgery, charter amended. Trustees Wesley Monumental Church, grant of certain land to confirmed. GEORGIA COLLEGE OF ECLECTIC MEDICINE AND SURGERY, CHARTER AMENDED. No. 126. An Act to amend the charter of the Georgia College of Ecletic Medicine and Surgery, so as to allow them to increase their board of trustees to fifteen in number, to enable them to buy, sell and mortgage real estate, and borrow money, and to issue bonds. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority aforesaid, That the charter of the Georgia College of Eclectic Medicine and Surgery be, and the same is, hereby amended and changed so as to read, The board of trustees of said college shall consist of fifteen members in the discretion of the board, instead of nine as appears in the original charter. Number of directors. SEC. 2. Be it further enacted by the authority aforesaid, That the said charter be, and the same is, hereby amended to read as follows, to wit: Said college may be vote of its trustees, buy, sell, mortgage or otherwise create a lien upon any real estate they may desire or own, may borrow money, and in their discretion issue bonds for the better security of any indebtedness existing or which may in future exist against the property of the corporation. Right to borrow money, issue bonds, etc. SEC. 3. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with the provisions of this Act be, and the same are, hereby repealed. Approved December 24, 1896.

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TRUSTEES WESLEY MONUMENTAL CHURCH, GRANT OF CERTAIN LAND TO CONFIRMED. No. 128. An Act to confirm a grant to the trustees of Wesley Monumental Church for the Methodist Episcopal Church, South, in Savannah, made by ordinance of the city of Savannah, of ten (10) feet to be taken from the west side of Abercorn street between Gordon and Wayne streets, opposite Calhoun square, thereby increasing the depth of trust lot number twenty-seven (27), Calhoun ward, ten (10) feet. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, That the grant made by the mayor and aldermen of the city of Savannah in council assembled by an ordinance passed October 21st, 1896, entitled an ordinance to grant to the trustees of Wesley Monumental Church for the Methodist Episcopal Church, South, in Savannah, of ten (10) feet to be taken from the west side of Abercorn street, between Gordon and Wayne steeets, opposite Calhoun square, thereby increasing the depth of trust lot number twenty-seven (27), Calhoun ward, ten (10) feet, be, and the same is, hereby confirmed. Grant of certain lands by city of Savannah confirmed. SEC. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act are hereby repealed. Approved December 24, 1896.

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Part V.Resolutions. Deaf and Dumb Academy, name changed to Georgia School for the Deaf in Legislative Manual. Crisp, Hon. C. F., resolutions as to death of. Blue Ridge Atlanta R. R., relinquishment of claims against. Journals House and Senate, indexing of. Penitentiary Committee, pay of members and clerk. Atlanta Electric Ry. Co., part of sum paid for charter refunded. Hardeman, Hon. R. U., payment of per diem to widow. State Normal School, balance due on appropriation for, to be paid. Inaugural ceremonies, appropriation for expenses of. University of Georgia, committee to examine into amount received by, from Federal Government. Hardeman, Hon. R. U., accepting portrait of. Confederate veterans, widows and minor children of, pensions to be paid. Good Roads Congress, appointment of delegates to. Doorkeepers of House, compensation of assistant. Unfinished business General Assembly, provision for completion of. State depot grounds at Chattanooga, proceedings to recover part of. W. A. R. R., special committee as to, continued in existence. W. A. R. R., legislation as to maps of, in Tennessee, asked for. State property in Atlanta, terms as to portion of proposed by city, adopted. Journals, indexing of, when to be deemed complete. Doorkeepers, two assistants for Senate. Senate chamber to be lighted by electricity. Atlanta, Knoxville Northern Ry. Co. authorized to acquire rights in right of way of W. A. R. R. Bryan, Hon. W. J., invited to visit Georgia. McIntosh county, collection State taxes in suspended. Committee rooms, purchase of chairs for. Public buildings, repairs of, additional appropriation for. Casual deficiencies of revenue, money to be borrowed for. Recess General Assembly provided for. Post-office clerks, classification of. Owens, Mrs. Delila, pension of to be paid. Acts and resolutions, publication of. Unfinished business, statement to be sent members General Assembly. Mexican war, pensions for veterans of. Contingent fund, deficiency is supplied. Snell, Sarah J., pension to be paid. Charlton county, collection State taxes suspended. Darien Western R. R. Co., assessment for taxation. Confederate soldiers, appropriation for certain pensions. General Assembly recess. Walker, W. J. appropriation for. Schoolbook commission, appointment of.

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DEAF AND DUMB ACADEMY, NAME CHANGED TO GEORGIA SCHOOL FOR THE DEAF IN LEGISLATIVE MANUAL. No. 4. A Resolution. Whereas, By Act of the Legislature the name of the Deaf and Dumb Academy of this State has been changed to the Georgia School for the Deaf, therefore be it Resolved by the House, the Senate concurring, That in printing the House and Senate committees of said institution in the Legislative Manual, that the name Deaf and Dumb shall be eliminated and that of Georgia School for the Deaf be substituted. Change of name in printing legislative committees. Approved November 30, 1896. HON. CHAS. F. CRISP, RESOLUTIONS AS TO DEATH OF. No. 5. A Joint Resolution. Whereas, On the 23d day of October, 1896, God, in his infinite wisdom and mercy, saw fit to remove from our midst our well-be-loved friend, Hon. Charles F. Crisp; and Preamble. Whereas, In his death the State and the United States sustain irreparable loss; and Whereas, It is fitting that this Assembly take official notice of this great calamity; therefore, Resolved 1st, That it is the sense of this General Assembly that the State of Georgia has lost, by the death of Hon. Charles F. Crisp, one of its best and purest statesmena man whom it was a patriotic pleasure to honor, and a man who has reflected signal credit upon his State from the day of his entrance into public life until the day of his death. Loss to State. Resolved 2d, That we extend to the family of the late statesman our deepest sympathy in their distress and sorrow. Sympathy extended to family of deceased. Resolved 3d, That a copy of these resolutions, properly attested by the President of the Senate and the Speaker of the House, be transmitted to the family of the deceased. Copy resolutions to be sent to family.

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Resolved 4th, That these resolutions be spread upon the Journal of the House and the Journal of the Senate as a mark of respect to the illustrious dead. And resolutions to be spread upon Journals. Approved November 30, 1896. BLUE RIDGE AND ATLANTIC R. R., RELINQUISHMENT OF CLAIMS AGAINST. No. 6. A Resolution. Whereas, The bondholders of the Blue Ridge and Atlantic Railroad have paid all State and county taxes due thereon, as required by the Act approved December 16, 1895, providing for the relinquishment of all claims of the State to the Blue Ridge and Atlantic Railroad, and did, within sixty (60) days from the passage of said Act, resume a daily schedule from Cornelia to Tallulah Falls, and put the road-bed, bridges and trestles of said railroad in good condition, as provided for in said Act; therefore, be it Preamble. Resolved by the General Assembly of the State of Georgia, That the conditions prescribed in said Act, under which the State of Georgia should relinquish all claims in and to the said railroad, have been complied with, and that the said bondholders have now become entitled to the relinquishment provided for by said Act, and the Governor is hereby authorized and directed to relinquish all claims that the State may have in and to the Blue Ridge and Atlantic Railroad to the bondholders thereof or to their trustees, the said relinquishment to be without recourse upon the State. Bondholders entitled to relinquishment of State's claims. Governor authorized to relinquish. Approved December 10, 1896. NOTE BY COMPILER.In his approval of this resolution the Governor states: After securing reports on the Blue Ridge and Atlantic R. R., in compliance with Act of 1895, above cited, I was not fully satisfied that the terms of that law had been complied with, and did not, therefore, release the State's claim to said railroad. In view, moreover, of the recitals of fact in the foregoing resolution, I hereby approve it.

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JOURNALS HOUSE AND SENATE, INDEXING OF. No. 7. A Resolution providing for indexing the journals of the House of Representatives and Senate for the sessions 1896 and 1897. Resolved by the House of Representatives, 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 1896 and 1897, 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. 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 1896, and a like sum for indexing the Journals of 1897. Troup Taylor authorized to make indexes. Compensation for. 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. Certificate that work has been [Illegible Text]. Approved December 10, 1896. COMPENSATION OF COMMITTEE ON PENITENTIARY AND ITS CLERK. No. 8. A Joint Resolution. Whereas, The last General Assembly of Georgia, by a Joint Resolution, created a committee on penitentiary, consisting of two senators and three representatives, whose duty it was to make a thorough investigation into the records of the penitentiary of this State and recommend executive clemency, etc., and said committee having performed the duties required under said resolutions; and Preamble. Whereas, In the discharge of their duties the said committee found it absolutely necessary for them to have a clerk to take charge

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of papers, testimony, etc., duly accumulating upon them; therefore be it Resolved by the House, the Senate concurring, That the Governor be authorized to draw his warrants upon the Treasurer of the State in favor of each of said committee for their per diem, as provided for in said Resolution of December, 1895, under an itemized statement of same properly audited by the chairman of said committee, and the further sum of one hundred dollars per month to be paid said clerk for his services rendered said committee, upon an itemized statement duly audited and approved by the chairman, and the Governor is authorized and directed to draw his warrant upon the Treasurer in payment of the claim due the said clerk; to be paid T. R. Whitley three hundred and four dollars; to be paid C. C. Bush three hundred and four dollars; to be paid H. A. Jenkins two hundred and eighty dollars; to be paid R. E. Davison three hundred and four dollars; to be paid W. S. Humphries three hundred and four dollars, as their per diem for the time served, and that the amount to be paid the clerk of said committee shall not exceed the sum of nine hundred dollars. Per diem to be paid committeemen. Compensation for clerk of committee. Pay of clerk not to exceed $900.00. Approved December 11, 1896. ATLANTA ELECTRIC RAILWAY COMPANY, PART OF SUM PAID FOR CHARTER REFUNDED. No. 9. A Joint Resolution. Whereas, The Atlanta Electric Railway Company was required by the Secretary of State to pay the sum of $100.00 for its charter; and Preamble. Whereas, Said railway paid the said sum under protest; and Whereas, The Attorney-General has given his written opinion that the proper sum should have been $50.00; therefore be it Resolved by the House, the Senate concurring, That the sum of fifty dollars be, and the same is, hereby appropriated to repay the Atlanta Electric Railway Company, and the Governor is hereby authorized to draw his warrant for said fifty dollars. Fifty dollars repaid. Approved December 12, 1896.

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HON. R. U. HARDEMAN, PER DIEM OF, TO BE PAID TO WIDOW. No. 10. A Joint Resolution. Resolved by the House, the Senate coucurring, That the widow of the Hon. Robert U. Hardeman be paid in full any unpaid balance the per diem for the full term of fifty days and mileage, and the Governor is authorized to draw his warrant for said sum. Per diem to be paid to widow. Approved December 12, 1896. STATE NORMAL SCHOOL, BALANCE DUE ON APPROPRIATION FOR, TO BE PAID. No. 12. A Joint Resolution. Whereas, The sum of seven thousand dollars was appropriated by the last General Assembly in an Act approved December 16, 1895, to the trustees of the University of Georgia for the use of the State Normal School at Athens for the purpose of building dormitories and the repair of other buildings; and Preamble. Whereas, The sum of six thousand dollars has been expended for the building of dormitories, and two hundred and fifty dollars for the repair of other buildings; and there is remaining in the treasury of said appropriation of seven thousand dollars a balance of seven hundred and fifty dollars, which sum is now due for furniture and equipments already purchased and in use in said building; therefore be it Resolved by the House of Representatives, the Senate concurring, That the Governor be authorized, empowered and requested to issue his warrant on the treasury for said unexpended balance of seven hundred and fifty dollars, to be paid to the trustees of the University of Georgia for the use of the State Normal School for the purpose above mentioned; be it further $750.00 unexpended balance to be paid. Resolved, That this Resolution be immediately transmitted to the Senate for its concurrence. Approved December 14, 1896.

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INAUGURAL CEREMONIES, APPROPRIATION FOR EXPENSES OF. No. 14. A Joint Resolution providing for the appropriation of the sum of one hundred and thirty dollars to defray the expenses of the recent inaugural ceremonies, to authorize the Governor to draw his warrants upon the Treasurer for said amount, and for other purposes. SECTION 1. Resolved by the House of Representatives, the Senate concurring, That the sum of one hundred and thirty dollars be, and the same is, hereby appropriated for the purpose of defraying the expenses of the recent inaugural ceremonies, and the Governor is hereby authorized to draw his warrant upon the Treasurer for said amount or so much thereof as may be necessary to pay the actual expenses of said ceremonies, whenever the same have been approved by the auditing committee of the House of Representatives. One hundred and fifty dollars appropriated. Approved December 17, 1896. UNIVERSITY OF GEORGIA, COMMITTEE TO EXAMINE INTO AMOUNTS RECEIVED BY, FROM FEDERAL GOVERNMENT. No. 15. A Resolution. Be it resolved by the House, the Senate concurring, That a committee of seven from the House shall be appointed by the Speaker, of which he shall be one, five from the Senate appointed by the President, of which he shall be one, whose duty it shall be to confer with the president of the board of trustees of the State University and two other members of said board, appointed by himself, to ascertain the amounts received by the State University from the Federal Government; to investigate and determine if this money is being properly applied and used in such manner as will best promote the interests for which it was intended; and to report the result of their investigations to the next session of this House, accompanied by such suggestions and recommendations as will, in their judgment, best promote the specific interest for which said money is appropriated, and at the same time make such recommendation

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as will provide for the State University in such manner as becomes the State of Georgia to care for her principal institution of learning. Number of committeemen. Duty of. Report of Approved December 22, 1896. HON. R. U. HARDEMAN, ACCEPTING PORTRAIT OF. No. 16. A Joint Resolution. Whereas, The family of the Hon. R. U. Hardeman has presented to the State a portrait of said Hon. R. U. Hardeman, to be hung in the Treasurer's office, Resolved by the House, the Senate concurring, That said portrait be accepted and hung in the Treasurer's office. Portrait accepted. To be hung in treasurer's office. Approved December 19, 1896. CONFEDERATE VETERANS, WIDOWS AND MINOR CHILDREN OF, PENSIONS TO BE PAID. No. 18. A Joint Resolution to pay a pension to the widows or minor children of certain deceased Confederate veterans. Whereas, Under an Act approved December 15th, 1894, a pension of sixty dollars per annum was granted to all ex-Confederate veterans who, on account of age and poverty, infirmity and poverty, or blindness and poverty were unable to provide a living for themselves; and Preamble. Whereas, The first payment under said Act was to have been made in May, 1895, but on account of an insufficient appropriation was delayed until January, 1896; and Whereas, Certain applicants under said Act, whose applications were approved, died before the payment was made, leaving their widows and dependent minor children in destitute circumstances; therefore Resolved, That the Governor be, and he is, hereby instructed to pay said widows, where such pensioner has now a surviving widow, and when such pensioner left no surviving widow, then and in that

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event to the dependent minor children, or their legally qualified guardians, on good and sufficient sworn proof, attested by the ordinary of the county in which they reside, the payment that would, should they have survived, been paid to such deceased Confederate veterans in January, 1896. Pensions under act of Dec. 15, 1894, to be paid to widows or minor children. Resolved further, That the sum of four thousand dollars, or so much thereof as may be necessary, is hereby appropriated for this purpose, to be paid out of any funds in the treasury not otherwise appropriated. Appropriation for. Approved December 19, 1896. GOOD ROADS CONGRESS, APPOINTMENT OF DELEGATES TO. No. 19. A Joint Resolution. Whereas, A session of the National Good Roads Congress will be held at Orlando, Fla., February 2, 1897; and Preamble. Whereas, The people of Georgia are particularly interested in the question of good roads, to which said congress will address itself; therefore be it Resolved, That his Excellency, the Governor, be requested to appoint four delegates from the State at large and one delegate from each congressional district to said congress. Governor to appoint delegates. Resolved further, That it is not the purpose of the foregoing resolution to restrict the selection of delegates to the membership of the General Assembly, but his Excellency may exercise his own discretion in the matter. Selection not restricted. Approved December 22, 1896. DOORKEEPERS OF HOUSE, COMPENSATION OF ASSISTANT. No. 20. A Joint Resolution. Whereas, Provision was made by the general appropriation Act of 1894 for only one assistant doorkeeper of the House of Representatives; and Preamble. Whereas, The General Assembly of 1895 provided by special

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resolution, or otherwise, for three assistant doorkeepers of the House; and Whereas, Three assistant doorkeepers have been appointed and have served during the present session, the same being necessary; therefore, be it Resolved by the House, the Senate concurring, That the Treasurer be, and he is, hereby authorized to pay the two additional doorkeepers herein mentioned the same per diem as is paid the other doorkeepers out of any funds in the treasury not otherwise appropriated. Two additional assistants to be paid. Approved December 22, 1896. UNFINISHED BUSINESS, PROVISION FOR COMPLETION OF. No. 21. 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 capital five days after the adjournment of the General Assembly for the purpose of affixing their official signatures to all bills and resolutions passed previous to said adjournment, and they be allowed their per diem for said time. Officers House and Senate to bring up unfinished business. Per diem allowed. 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 capital 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. Chairmen and two members of enrolling and auditing committees to bring up unfinished business. Per diem allowed. Resolved further, That the Postmistress of the General Assembly be, and she is, hereby authorized to remain at the capital for five days after adjournment of the General Assembly for the purpose of distributing and forwarding the members' mail, and that she be allowed her per diem for said time. Postmistress to distribute and forward mail. Per diem allowed. Approved December 23, 1896.

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STATE DEPOT GROUNDS AT CHATTANOOGA, PROCEEDINGS TO RECOVER PART OF. No. 22. A Joint Resolution directing proceedings to be instituted for the recovery of part of the original depot grounds belonging to the State at Chattanooga, Tennessee. Whereas, The Nashville Chattanooga Railroad Company claims to have acquired a portion of the original depot grounds belonging to the State, in the city of Chattanooga, Tennessee, under a conveyance purporting to have been made to it about the year 1860, by the then Governor of the State of Georgia; and Preamble. Whereas, It does not appear that the Governor, or any other official or person, was authorized to alienate or dispose of this property of the State or any portion thereof, nor does it appear that the title of the State thereto has in any way been divested; and Whereas, The Nashville, Chattanooga St. Louis Railroad, a corporation of the State of Tennessee, is the legal successor of the Nashville Chattanooga Railroad Company, and is in possession of a portion of said original depot grounds, claiming title thereto under the Nashville Chattanooga Railroad Company; be it therefore Resolved by the Senate, the House concurring, That the Special Attorney of the State for the Western Atlantic Railroad be, and he is, hereby directed to invite said Nashville, Chattanooga St. Louis Railroad Company to submit the controversy concerning the title to the portion of said original depot grounds so held and claimed by it to the adjudication of the special commission heretofore created by joint resolution, approved December 18, 1894; and in the event said Nashville, Chattanooga St. Louis Railroad Company fails or refuses within sixty days from the date of the approval of this Resolution to agree to such submission, then and in that event the Special Attorney for the Western Atlantic Railroad is hereby directed to institute proper proceedings, in a court of competent jurisdiction, against said Nashville, Chattanooga St. Louis Railroad Company for the recovery of the portion of the original depot grounds so held and claimed by it, and for the enforcement of all the rights and claims of the State therein. Submission of controversy to special committee. Failure or refusal to make submission. Proceedings to be instituted. Approved December 23, 1896.

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W. A. R. R., SPECIAL COMMITTEE AS TO CONTINUED IN EXISTENCE. No. 23. Whereas, By a Joint Resolution of the General Assembly, approved December 18, 1894, the Governor was authorized 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, affecting or relating to the Western Atlantic Railroad, its rights, ways and properties, that may be submitted to it, said commission to have such jurisdiction, powers and duties as are recited in and conferred by said Resolution; and Preamble. Whereas, Such special commission was duly created, and has heretofore exercised the jurisdiction conferred; and Whereas, Certain other controversies affecting the rights, ways and properties of the Western Atlantic Railroad may be desired to be submitted to the adjudication of said special commission; be it therefore Resolved by the Senate, the House of Representatives concurring, That the said special commission so created be, and the same is, hereby continued, with all the rights, powers, jurisdiction and duties as in said Resolution of December 18th, 1894, prescribed and conferred; be it further Committee continued. Rights, powers, etc. Resolved, That the Governor be requested, upon approval of this Resolution, to name three citizens of high character and ability, who shall constitute said special commission; and in the event of the death, disability or refusal to act of either or any of said commissioners, the vacancy or vacancies so occurring from time to time shall be supplied by appointment of the Governor. Governor to appoint committee. Vacancy in. Approved December 23, 1896.

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WESTERN ATLANTIC RAILROAD, LEGISLATION AS TO MAPS OF IN TENNESSEE ASKED FOR. No. 24. A Resolution requesting the General Assembly of the State of Tennessee to enact appropriate legislation authorizing the filing of certain official maps of the Western Atlantic Railroad in Hamilton county, Tennessee, and giving to the same when so filed the force and effect of a record of deeds to lands. Whereas, Pursuant to the terms of an Act of the General Assembly of the State of Georgia, approved December 16, 1895, there have been prepared complete and accurate maps of the entire line of the Western Atlantic Railroad from its initial point in the city of Atlanta to its terminus in the city of Chattanooga, Tennessee, together with maps of all terminals, depot grounds, and other properties necessary and useful for railroad purposes and appertaining to said railroad; and Preamble. Whereas, Said Act provides that when said maps shall have been approved by the Governor, he shall declare the same to be official and cause the same to be filed in the office of the Secretary of State, and cause duplicate copies or tracings of so much thereof as pertain to rights of way and properties in any particular county to be filed in the office of the clerk of the superior court in each of the respective counties through which said railroad runs; and Whereas, Said Act further declares that such maps so filed shall be official maps of the Western Atlantic Railroad; that 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; that such maps so filed shall constitute constructive notice of their contents, and in all reports shall have the force and effect now given by law to the record of deeds to land; and Whereas, Certain of said maps show rights of way and properties belonging to the State of Georgia and pertaining to said railroad lying and being in the county of Hamilton, State of Tennessee; and Whereas, The Western Atlantic Railroad was constructed with public funds, and is exclusively owned by the State of Georgia in its sovereign capacity as a great public work; be it therefore Resolved by the Senate, the House of Representatives concurring, That the General Assembly of the State of Tennessee be, and is, hereby requested to enact appropriate legislation

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authorizing tracings or duplicate copies of such of said official maps as pertain to rights of way and properties of the Western Atlantic Railroad lying in the county of Hamilton, Tennessee, to be filed in the office of the register of said county of Hamilton, after said maps have been approved by the Governor of Georgia and endorsed by him as official; and giving to such maps when so filed the quality of constructive notice of admissibility in evidence in the courts of Tennessee as prima facie true and correct, together with such other qualities, force and effect as are given by the laws of Tennessee to the record of deeds to lands. Be it further Legislation requested of General Assembly of Tennessee. What to be covered by. Admissibility in evidence of maps. Resolved, That the Governor of the State of Georgia be, and he is, hereby requested to forward a copy of these resolutions to the Governor of the State of Tennessee, with the request that he submit the same to the General Assembly of the State of Tennessee for appropriate action. Copy resolutions to be sent to Governor of Tennessee. Approved December 23, 1896. ADOPTING TERMS PROPOSED BY ATLANTA AS TO WALL STREET AND CERTAIN STATE PROPERTY. A Joint Resolution concurring in and adopting certain additional terms proposed by the city of Atlanta affecting Wall street and certain property designated as the triangle. Whereas, The General Assembly by a Resolution approved December 16, 1895, authorized the Governor to convey to the city of Atlanta an easement for street purposes in and to that portion of the State's property now occupied as Wall street in consideration of the conveyance to the State of certain property designated as the Triangle upon the terms and conditions in said resolution recited; and Preamble. Whereas, The mayor and general council of the city of Atlanta have approved and adopted all the terms of the agreement presented by said Resolutions of the General Assembly, but propose to add to the conveyance therein provided to be made to the State by and in behalf of the city of Atlanta, the following, to wit: Subject, however, to the condition that neither the State nor its assigns, nor any lessee under the State or its assigns, shall so use the triangle aforesaid, or any part thereof, as to create or maintain a nuisance, public or private, thereon; and if any such nuisance be created or maintained on said property, the city of Atlanta shall have as full jurisdiction to abate the same as if it were upon

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private property, and (subject) to the further condition that whenever the spur-track shall be discontinued and the adjacent property holders shall consent, that strip of land lying between the open gutter next northeast of said spur-track and the line of buildings of Dodd and others shall be devoted and used for street purposes between Pryor and Whitehall streets. As to such strip no formal dedication for street purposes shall be necessary, but the same shall inure ipso facto upon the discontinuance of the use of said spurtrack with the consent of the adjacent property holders. The State may devote to street purposes so much more of the property herein conveyed as may from time to time be deemed by it proper and expedient. Be it therefore Additional terms proposed. Resolved by the Senate, the House of Representatives concurring That the additional terms proposed by the city of Atlanta as herein-before recited be, and the same are, hereby approved and concurred in by and in behalf of the State of Georgia. Additional terms concurred in. Approved December 23, 1896. JOURNALS, INDEXING OF, WHEN TO BE DEEMED COMPLETE. No. 26. A Resolution to direct the work of indexing the Journals of the House and Senate for the year 1896. Be it resolved by the Senate and House of Representatives, That the indexes for the House and Senate Journals for the year 1896 be completed to the day of the recess on the 19th December, 1896, and that, upon their completion to this date, the work, provided for by Resolution previously passed at this session, shall be deemed complete and shall be paid for as provided by said Resolution. Indexes to be completed to recess on December 19, 1896. Approved December 23, 1896. DOORKEEPERS, ASSISTANTS FOR THE SENATE. No. 27. A Joint Resolution. Resolved by the Senate, the House concurring, That the appointment of two assistants, made by the doorkeeper of the Senate for

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the floor, which have always been allowed and which are necessary, be recognized, and that the Treasurer is hereby authorized to pay the per diem allowed by law for their services. Two assistants allowed. Pay of. Approved December 23, 1896. SENATE CHAMBER TO BE LIGHTED BY ELECTRICITY. No. 28. A Resolution. Resolved by the Senate, the House concurring, That the keeper of public buildings, or other proper authority, be, and is, hereby instructed to arrange for lighting the Senate chamber by means of electricity before the next session of the General Assembly. Electrity to be used for lighting Senate chamber. Approved December 23, 1896. ATLANTA, KNOXVILLE AND NORTHERN RAILWAY CO. AUTHORIZED TO ACQUIRE RIGHTS IN RIGHT OF WAY OF W. A. R. R. No. 29. A Resolution authorizing the Atlanta, Knoxville and Northern Railway Company to acquire certain rights in the use of the right of way of the Western and Atlantic Railroad in and near the city of Marietta. Whereas, By Joint Resolution of the General Assembly, approved October 9, 1885, the charter of the Marietta and North Georgia Railroad Company was so amended as to authorize said company to construct its road upon the right of way of the Western and Atlantic Railroad, from the city of Marietta to the marble mills north of said city, and to perpetually use and occupy same for railroad purposes; provided, that the tracks and right of way in use by the Western and Atlantic Railroad should in no way be interfered with; and provided further, that said right of way should not apply to more than fifteen feet on the extreme eastern edge of said right of way, and due compensation for the same should be paid to the State, the amount to be determined by arbitration in the manner pointed out; and provided further, that the consent of the lessees of the Western and Atlantic Railroad be first obtained, and that

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they agree that all compensation to be paid should inure solely to the benefit of the State; and Preamble. Whereas, The Marietta and North Georgia Railroad Company never complied with the terms and conditions of said Resolution, but, nevertheless, constructed its tracks upon the right of way of the Western and Atlantic Railroad from the depot in the city of Marietta to a point about one mile therefrom, using and occupying thereof more than fifteen feet on the extreme eastern edge of said right of way; and Whereas, Said Marietta and North Georgia Railroad Company became insolvent, and its properties and assets became the subject of judicial sale, and the purchasers at said sale became incorporated as such, pursuant to the laws of this State, under the name of the Atlanta, Knoxville and Northern Railway Company; and Whereas, Said Atlanta, Knoxville and Northern Railway Company desires to avail itself of the privileges heretofore granted the Marietta and North Georgia Railroad Company; be it therefore Resolved by the Senate, the House of Representatives concurring, That said Atlanta, Knoxville and Northern Railway Company may avail itself of the qualified privileges granted said Marietta and North Georgia Railroad Company by the Resolution of October 9, 1885, upon fully complying with all the terms and conditions of said Resolution within six months of the date of approval of this Resolution; provided, that the said Atlanta, Knoxville and Northern Railway Company shall, so soon as may be, and within six months, remove all of its tracks and encroachments from the right of way of the Western and Atlantic Railroad, excepting within the limit of fifteen feet on the extreme eastern edge or margin of said right of way, as prescribed in said Resolution of October 9, 1885; provided further, that the present lessees of the Western and Atlantic Railroad shall consent that all compensation to be paid shall inure solely to the benefit of the State; and provided further, that the costs of arbitration shall be assessed by the arbitrators against either party, or in such proportion between them as said arbitrators may deem just and proper under all the circumstances; and provided further, that the Western and Atlantic Railroad, its lessees and assigns, shall be permitted, without charge, to cross or use the tracks of said Atlanta, Knoxville and Northern Railway Company for the purpose of delivering and receiving freights to and from points along the eastern line of said right of way; but in exercising this right, said Western and Atlantic Railroad shall not obstruct or interfere with the free passage of regular scheduled trains of said Atlanta, Knoxville and Northern Railway Company. Atlanta, Knoxville and Northern Railw'y Co. may use privileges granted in resolution of October 9, 1885. On complying with terms thereof. Track and encroachments to be moved from right of way. Consent of lessees W. A. R. R. necessary. Costs of arbitration. W. A. R. R. and its lessees to cross or use tracks of A., K. N. Ry. Co. Approved December 23, 1896.

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HON. W. J. BRYAN INVITED TO VISIT GEORGIA. No. 30. A Joint Resolution. Whereas, Being advised of the approaching visit to our State of the distinguished American citizen, Wm. J. Bryan, of Nebraska, therefore be it Preamble. Resolved, That the General Assembly of Georgia hereby extend to him a cordial invitation to make his intended visit, and we further extend to him a hearty Georgia welcome while in our State. Invitation and welcome extended. Approved December 23, 1896. McINTOSH COUNTY, COLLECTION STATE TAXES IN SUSPENDED. No. 31. A Joint Resolution of General Assembly to suspend the collection State taxes in the county of McIntosh for the year 1896. Whereas, There was a terrible tornado of great violence passed through the county of McIntosh, in this State, which was very destructive, blowing down houses of all kinds, blowing down timber, killing cattle and doing untold damage; and Preamble. Whereas, In consequence of all which, and the already very stringent money market, there is a very great depression in business, and this depression is likely to continue for some months, rendering the people unable to pay the State taxes imposed for the year 1896; and Whereas, The inforced collection will result in great loss to the citizens of the county; be it therefore, by the House of Representatives, the Senate concurring, Resolved, That the collection of all taxes for the State of Georgia in said county of McIntosh for the year 1896, save only such as are specially levied upon business and occupations, be, and the same is, hereby suspended until the first day of June, 1897, from which day fi. fas. may be issued for collection of said taxes in the manner provided by law. Collection of taxes for 1896 suspended until June, 1897. Approved December 24, 1896.

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COMMITTEE ROOMS, PURCHASE OF CHAIRS FOR. No. 32. A Joint Resolution. Resolved by the Senate, the House concurring, That the secretary of the Senate be authorized to buy one hundred chairs for the use of the Senate and House in the committee rooms. One hundred chairs to be purchased. Approved December 24, 1896. PUBLIC BUILDINGS, REPAIRS OF, ADDITIONAL APPROPRIATION FOR. No. 34. A Resolution. Whereas, The appropriation for repairs of public buildings, as provided for in the Act of the General Assembly approved December 18th, 1894, has been exhausted; and Preamble. Whereas, There are urgent claims against said fund which cannot now be met; therefore be it Resolved, That to supply the deficiency in said fund for the repairs of public buildings, etc., the sum of three thousand ($3,000) dollars be, and the same is, hereby appropriated, or so much thereof as may be necessary. $3,000.00 appropriated Approved December 24, 1896. CASUAL DEFICIENCIES OF REVENUE, MONEY TO BE BORROWED FOR. No. 35. A Joint Resolution. Resolved by the House of Representatives, the Senate concurring, That if it should become necessary at any time previous to the meeting of the General Assembly in October next to supply casual deficiencies, the Governor shall be, and he is, hereby authorized to borrow on the best terms he can a sum of money sufficient to supply said deficiencies, within the terms of the constitution; and the money so borrowed shall be used for the purpose specified and for no other. Governor authorized to borrow money. To supply deficiencies. Approved December 24, 1896.

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RECESS GENERAL ASSEMBLY PROVIDED FOR. No. 36. Whereas, The House of Representatives, the Senate concurring, passed a resolution adjourning the General Assembly on Saturday the 19th inst.; and Preamble. Whereas, A Joint Resolution providing for a recess of the General Assembly and reconvening the same on the first Wednesday in February, 1897, has subsequently been passed; therefore, Resolved by the House of Representatives, the Senate concurring, That it is the sense of the General Assembly that it shall take a recess for the remaining day of this session and shall reconvene at 10 o'clock A.M. on the first Wednesday in February, 1897, and the resolution providing for an adjournment be, and the same is, reconsidered and declared of no effect. Recess General Assembly. Previous resolution of no effect. Approved December 24, 1896. POST-OFFICE CLERKS, CLASSIFICATION OF. No. 37. A Joint Resolution. Resolved by the House, the Senate concurring, That our senators and representatives in Congress be, and they are, hereby requested to give their support to what is known as House bill number 3273, which is a bill for the classification of clerks in the first and second class post-offices. Congressmen requested to support bill for classification of clerks. Resolved further, That the Governor be requested to have a copy of the foregoing resolution sent to each of our senators and representatives in Congress. Copy resolution to be sent to congressmen. Approved December 24, 1896.

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OWENS, MRS. DELILA, PENSION OF TO BE PAID. No. 38. A Resolution to appropriate sixty dollars ($60.00) to pay the pension of Mrs. Delila Owens of Rabun county, for the year 1895. Whereas, Mrs. Delila Owens of Rabun county is the widow of Wm. R. Owens, who was a Confederate soldier and who was killed in Virginia on the 13th day of October, 1864, while there engaged in battle; and Preamble. Whereas, The said Delila Owens was, and now remains, a legal pensioner of this State as such Confederate soldier's widow, under an Act approved December 23, 1890, and an Act amendatory thereto approved December 20, 1892; and Whereas, The said Delila Owens legally received pensions from this State for the years 1891, 1892, 1893, 1894 and 1896, under the provisions of said Acts of 1890 and 1892; and Whereas, The said Delila Owens was extremely ill in the year 1895, and thereby wholly unable, both physically and mentally, to make her application for pension for said year and remained unable to make the same, until the time required by law had expired; be it therefore Resolved by the House, the Senate concurring, That the sum of sixty dollars ($60.00) be, and the same is, hereby appropriated to Delila Owens, and the Treasurer of the State is hereby authorized to pay the same upon warrant of the Governor. Sum appropriated. Approved December 24, 1896. ACTS AND RESOLUTIONS, PUBLICATION OF. No. 39. A Joint Resolution. Resolved by the House, the Senate concurring, That the Public Printer be, and he is, hereby authorized to print the Acts and Resolutions passed at this session of the General Assembly, and that the Public Printer be requested to publish said Acts and Resolutions at the earliest possible date. Public printer authorized to print. Speed requested. Approved December 24, 1896.

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UNFINISHED BUSINESS, STATEMENT OF TO BE SENT MEMBERS GENERAL ASSEMBLY. No. 40. A Resolution. Resolved by the House, the Senate concurring, That Messrs. Mark A. Hardin, Clerk of the House, and Wm. Clifton, Secretary of the Senate, be instructed to prepare, publish and mail to each member of the General Assembly a statement showing the unfinished business of the session at the time of adjournment, and the status of each pending bill and resolutions. Statement to be prepared and sent members. Approved December 24, 1896. MEXICAN WAR, PENSIONS FOR VETERANS OF. No. 41. A Joint Resolution. Whereas, Quite fifty years have passed since the termination of the war between the United States and Mexico, by which the richest and largest territory ever permanently acquired by any nation was won by the valor of the American troops; and Preamble. Whereas, No adequate recognition of the services of those whose gallantry most contributed to our victory in said war has been made by the general government; therefore be it Resolved by the House of Representatives, the Senate concurring, That our senators and representatives in Congress be requested to use every proper effort to secure legislation that will give a reasonable increase in the pensions to those officers and soldiers who, in said war, received special mention in the reports of their general officers for gallantry and efficiency on the field of battle. Increase in pensions urged Of certain officers and soldiers. Resolved further, That the Governor be requested to have transmitted to each of our senators and representatives in Congress a copy of the foregoing preamble and resolutions. Copy to be sent congressmen. Approved December 24, 1896.

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CONTINGENT FUND, DEFICIENCY IN SUPPLIED. No. 42. A Joint Resolution. Whereas, The appropriation for the contingent fund as embraced in the General Appropriation Act, approved December 18th, 1894, has been exhausted; and Preamble. Whereas, There are outstanding claims to be paid out of said fund; therefore be it Resolved, That to supply the deficiency in the contingent fund the sum of three thousand ($3,000.00) dollars is hereby appropriated, from which sum shall be paid the amount now being carried in the treasury under executive order, said amount having been duly expended as provided by law. $3,000 appropriated. Approved December 24, 1896. SNELL, SARAH J., PENSION TO BE PAID. No. 43. A Resolution. Whereas, D. W. Snell was a Confederate soldier who faithfully served during the late civil war. Preamble. Whereas, He sustained, while in service, injuries from which he died on the 29th day of April, 1871, and his widow is entitled to the pension provided by the Act approved December 23, 1890, and she is prevented from receiving the benefit of said Act because the physician who attended him in his last illness cannot be located, whose affidavit is necessary to establish the causes of her husband's death; therefore be it Resolved, That the sum of sixty dollars be appropriated to Sarah J. Snell in payment of the pension for the year 1896, and the Governor is authorized to draw his warrant on the Treasurer for said sum, payable to Sarah J. Snell. Appropriation for pension. Approved December 24, 1896.

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CHARLTON COUNTY, COLLECTION STATE TAXES SUSPENDED. No. 44. A Resolution to defer the collection of taxes in the county of Charlton until the first day of February, 1897, and for other purposes. Whereas, During the month of September, 1896, there passed through the county of Charlton a terrific tornado, the effect of which was universal throughout said county, and which resulted in the loss of life and almost the entire property of the citizens of said county; and Preamble. Whereas, The effect of said storm has rendered the citizens of said county unable to raise sufficient money within the time prescribed by law for the purpose of paying their taxes; therefore be it Resolved, That the collection of taxes, both State and county, for the county of Charlton, as now required by law for the year 1896, be suspended until February 1st, 1897; be it likewise Collection of taxes suspended until Feb 1, 1897. Resolved, That all laws and parts of laws in conflict with this Resolution be, and the same are, hereby repealed. Approved December 24, 1896. DARIEN AND WESTERN RAILROAD COMPANY, ASSESSMENT FOR TAXATION. No. 45. A Resolution for the relief of the Darien and Western Railroad Company. Whereas, The Darien and Western Railroad has been assessed for the year eighteen hundred and ninety-five (1895) by the Comptroller-General, said railroad having failed to make a return, which said assessment is alleged to contain unjust features and to be excessive; therefore be it Preamble. Resolved by the General Assembly of the State of Georgia, That the Comptroller-General be, and he is, hereby authorized and directed to reopen the matter of said assessment and to make the same de novo, as if no assessment has heretofore been made, upon such information as he may deem reliable. New assessment directed Approved December 24, 1896.

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CONFEDERATE SOLDIERS, APPROPRIATION FOR CERTAIN PENSIONS. No. 46. A Resolution to appropriate the sum of two hundred dollars to pay the pensions of Cader Pierce of Stewart county, P. H. Reese of Gwinnett county, W. H. Carithers of Clarke county, and John H. Phillips of Meriwether county, and twenty-five dollars for pension of G. W. Walls for year 1896. Whereas, Cader Pierce of Stewart county, P. H. Reese of Gwinnett county, W. H. Carithers of Clarke county, J. H. Phillips of Meriwether county, and G. W. Walls, Confederate soldiers, have in due form made their applications for pensions for the year 1896, and submitted their proofs as required by law, which applications have been duly approved; and Preamble. Whereas, There is no fund from which the aforementioned pensions may be paid for said year; therefore, be it Resolved by the House of Representatives, the Senate concurring, That the sum of two hundred and twenty-five dollars be, and the same is, hereby appropriated to pay the pension claims of fifty dollars each of the said Cader Pierce of Stewart county, P. H. Reese of Gwinnett county, and W. H. Carithers of Clarke county, and John H. Phillips of Meriwether county, and twenty-five dollars for pension of G. W. Walls for year 1896. Amount appropriated. For whom appropriated. Approved December 24, 1896. GENERAL ASSEMBLYRECESS. No. 47. A Resolution. Whereas, The House of Representatives have passed a Resolution having in view a recess by this General Assembly, and in pursuance of said Resolution have appointed a committee for the purpose of making an investigation of the charges against two of the superior court judges of this State; and Preamble. Whereas, It is doubtful unless a recess is provided for by this General Assembly before twelve o'clock Saturday night, the 19th inst., no such recess as contemplated can be legally taken; therefore, Resolved by the House of Representatives, the Senate concurring, That the General Assembly take a recess for the remaining

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day of this session, and that it shall be reconvened at ten o'clock A. M. on the first Wednesday in February, 1897. Legislative recess. Approved December 24, 1896. WALKER, M. J., STENOGRAPHER, PAY FOR SERVICE. No. 48. A Resolution. Whereas, In February and March, 1896, M. J. Walker was employed as stenographer by his Excellency, the Governor, to take down and transcribe the evidence in reporting the convict investigation. Preamble. Whereas, The State is indebted to said M. J. Walker in the sum of seven hundred dollars for said service; therefore be it $700.00 appropriated. Resolved by the House of Representatives, the Senate concurring, That the Governor be authorized to draw his warrant for said sum on the Treasurer of the State, payable out of any means not otherwise appropriated. Approved December 24, 1896. SCHOOLBOOK COMMISSION CREATED. No. 49. A Joint Resolution. Be it resolved by the House of Representatives, the Senate concurring, That the Governor shall appoint four citizens of this State, two of whom shall be either educators or school officials, one a lawyer and one a business man who is neither a publisher, a book seller nor interested in any way in the proceeds of the sale of schoolbooks, who, with the State School Commissioner, shall be known as a Schoolbook Commission. Said commission shall enquire into the methods that obtain in other States of furnishing schoolbooks for the common schools and to devise and recommend some plan for providing schoolbooks for the Georgia schools at more reasonable cost, if possible; the said commission to make their report to the next session of the General Assembly. Until the report of said commission is received, the boards of education of the several counties in which book contracts expire shall make no long term contracts in the adoption of books, and the State School Commissioner is hereby instructed to so notify them. The members of said commission shall receive for their services the same amount as is paid members of the General Assembly; provided, the State

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School Commissioner shall receive no compensation for such service; provided further, said commissioners shall not have more than twenty days in which to complete the work. Schoolbook commission. Duties of. Report. Contracts for schoolbooks. Compensation of commissioners. Approved December 25, 1896. TENNESSEE CENTENNIAL, STATE EXHIBIT AT. No. 50. A Resolution. Whereas, The State of Tennessee will patriotically and appropriately celebrate the one hundredth anniversary of her admission to the Union, and will in connection therewith hold an International Exposition on a scale exceeding in size and importance all similar expositions ever held in this country, the World's Fair alone excepted; and Preamble. Whereas, The State and its citizens have been officially invited to participate therein, and are offered free space and power for exhibits; therefore Resolved, by the Senate and House of Representatives, That the Commissioner of Agriculture, with the assistance of the State Geologist and State Chemist, be authorized and directed to remove from the capitol and ship to Nashville, Tennessee, the permanent and durable part of the State exhibit which was made at the Cotton States and International Exposition in 1895, under the resolution of December 12, 1894, and which is now on exhibition in the capitol building, and make exhibition of same at the Tennessee Centennial Exposition at Nashville; and the said commissioner and his assistants are further authorized and directed to supplement the said exhibit now on hand with such agricultural and mining products as may be deemed advisable, and after the expiration of said Centennial Exposition return to the capitol building the permanent and durable parts of said exhibit. Be it further Exhibit to be made. Resolved, That to meet the expenses of the above and foregoing the Commissioner of Agriculture is authorized and directed to use the sum of fifteen hundred dollars, or so much thereof as may be necessary, of the annual appropriation made to the agricultural department, and whatever deficit may result to the said annual appropriation will be supplied by the General Assembly at its next session by appropriation from the direct tax fund, or some other available fund now in the Treasury. Be it further Appropriation for expenses of. From what fund. Resolved, That the sum of five hundred dollars be appropriated to be expended in aiding the women of Georgia in making an exhibit of woman's work at said exposition; said sum to be expended

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in paying for the services of a custodian making the exhibit, said five hundred dollars to be paid out of same fund. Appropriation for exhibit of woman's work. For what to be expended. Approved February 4, 1897. INVESTIGATING COMMITTEE, PAYMENT OF EXPENSES OF. No. 51. A Resolution. Whereas, The legislative committee appointed to investigate charges of official misconduct against Judges Sweat and Reese found it necessary to incur an expense, the amount of which is hereinafter set forth; and Preamble. Whereas, No provision was made by the General Assembly for the payment of said sum; and Whereas, The General Assembly will not have time during this session, and before the adjournment thereof, to pass an act making an appropriation to cover the expense incurred as aforesaid; Therefore, be it resolved by the House of Representatives, the Senate concurring, That His Excellency Governor W. Y. Atkinson be, and he is, hereby requested to draw his warrant upon the Treasurer of the State of Georgia for the sum of six thousand ($6,000.00) dollars, or so much thereof as may be necessary, to be paid by the Treasurer out of any funds in his hands. Governor requested to draw warrant for $6,000. Resolved further, That Senator W. Y. Carter shall be paid his per diem of four dollars for fifteen days and eight dollars and four cents ($8.04) mileage. Senator Carter to be paid per diem and mileage. Resolved further, That said warrant be held by the Treasurer until the General Assembly can pass an Act, at the ensuing session, making said appropriation. Warrant to be held until act making appropriation. Approved February 4, 1897. GENERAL ASSEMBLY, PER DIEM AND MILEAGE. No. 52. A Resolution. Resolved, by the House of Representatives, the Senate concurring, That the auditing committee of the House and Senate be authorized to audit the accounts of their respective members, chaplains, doorkeepers, his assistants and messengers, for one day's per diem and their usual mileage on coming to and going from the capitol. Accounts to be audited. For per diem and mileage. Resolved further, That the Governor be requested to draw his warrant on the Treasurer of this State for such sums as may be necessary to pay the mileage of the members, chaplain, doorkeeper, his assistants and messengers, of the General Assembly in their attendance upon the February session. Warrant therefor. Approved February 4, 1897.

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TREASURER'S REPORT.

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STATEMENT No. 1. R. U. Hardeman, Treasurer, in Account State of Georgia for ReportYearEnding September 30,1896. CR. October, 1895To balance in Treasury as per report for year ending September 30, 1895 $ 801,535 14 By Ex. warrant on account Academy Blind, 1895 $ 4,500 00 To Auctioneers Taxes 405 00 By Ex. warrant on account Academy Blind, 1896 13,500 00 To Artists Tax 1,290 20 By Ex. warrant on account Agricultural Department, 1895 2,500 00 To Billiard Tax 6,097 50 By Ex. warrant on account Agricultural Department, 1896 7,500 00 To Cost on fl. fas 16 50 By Ex. warrant on account Civil Establishment, 1895 55,275 00 To Cold Storage Dealers 720 00 By Ex. warrant on account Civil Establishment, 1896 55,752 91 To Dividends from Stocks Owned by the State 2,596 00 By Ex. warrant on account Contingent Fund, 1895 4,314 23 To Dealers in Futures 2,700 00 By Ex. warrant on account Contingent Fund, 1896 6,031 70 To Express Companies Tax 3,909 46 By Ex. warrant on account Contingent Fund R. R. Commission, 1895. 300 00 To General Tax 1,656,056 62 By Ex. warrant on account Contingent Fund R. R. Commission, 1896. 600 00 To Hire Convicts 25,096 70 By Ex. warrant on account Contingent Fund Supreme Court, 1895 749 39 To Insolvent Taxes 19,518 13 By Ex. warrant on account Contingent Fund Supreme Court, 1896 1,017 93 To Insolvent Poll Tax 5,254 74 By Ex. warrant on account Clerk Supreme Court Cost 887 50 To Insurance Fees 10,964 00 By Ex. warrant on account Chemicals and Apparatus State Chemist. 500 00 To Insurance Agents Tax 6,150 00 By Ex. warrant on account Cotton States and International Exposit'n 129 00 To Insurance Companies Tax 50,937 29 By Ex. warrant on account Direct Tax Refunded 100 00 To Interest on fl. fas. 5,281 67 By Ex. warrant on account Deaf and Dumb School, 1895 6,400 00 To Interest from State Depositories 9,697 82 By Ex. warrant on account Deaf and Dumb School, 1896 15,000 00 To Inspection Fertilizer Fees 17,699 92 By Ex. warrant on account Insurance Public Buildings, 1895 6,516 00 To Inspection Oil Fees 14,525 51 By Ex. warrant on account Insurance Public Buildings, 1896 2,003 18 To Liquor Tax 88,697 65 By Ex. warrant on account Lunatic Asylum, 1895 70,000 00 To Money Refunded 55 80 By Ex. warrant on account Lunatic Asylum, 1896 164,885 28 To Office Fees 3,613 55 By Ex. warrant on account Lunatic Asylum Annex 27,277 25 To Poll Tax 199,988 83 By Ex. warrant on account Lunatic Asylum Trustees 1,769 90 To Pistol Tax 4,152 00 By Ex. warrant on account Library Fund 3,381 52 To Penalty against Collectors, 242 22 By Ex. warrant on account Land Scrip Fund 6,314 14 To Penalty against Lessees 4,350 00 By Ex. warrant on account Legislative Pay Roll 66,409 17 To Railroad Taxes 207,503 83 By Ex. warrant on account Military Fund, 1895 2,085 21 To Rent Western and Atlantic Railroad 420,012 00 By Ex. warrant on account Military Fund, 1896 12,731 73 To Rent Public Buildings 144 15 By Ex. warrant on account Maimed Soldiers, 1895 350 00 To Special Nostrum Tax 1,655 69 By Ex. warrant on account Maimed Soldiers, 1896 190,000 00 To Sale Supreme Court Reports 5,457 00 By Ex. warrant on account Dormitory State Normal School 6,250 00 To Show Tax 4,032 00 By Ex. warrant on account Dormitory Ga. Normal and Ind. School 24,694 00 To Sewing Machine Agents Tax 940 00 By Ex. warrant on account Overpayment Taxes 7,936 65 To Sale Laws 180 60 By Ex. warrant on account Penitentiary Fund (general account) 7,687 18 To Sale Public Property 1,782 37 By Ex. warrant on account Penitentiary Fund 1895 (special account) 205 28 To Surplus Sale Wild Lands 135 94 By Ex. warrant on account Penitentiary Fund 1896 (special account) 1,200 00 To Tax Specialists 45 00 By Ex. warrant on account Printing Fund, 1895 4,953 36 To Tax Games 315 00 By Ex. warrant on account Printing Fund, 1896 8,609 45 To Tax Pawn Brokers 855 00 By Ex. warrant on account Printing Fund R. R. Commission, 1895 790 20 To Tax Lightning Rod Dealers 176 99 By Ex. warrant on account Printing Fund R. R. Commission, 1896 603 81 To Tax Sewing Machine Companies 1,200 00 By Ex. warrant on account Public Building and Grounds, 1895 3,857 96 To Tax Telephone Companies 4,442 25 By Ex. warrant on account Public Building and Grounds, 1896 16,271 67 To Tax Telegraph Companies 3,401 15 By Ex. warrant on account Public Debt 886,213 75 To Tax Sleeping Car Companies 592 23 By Ex. warrant on account Solicitors-General 2,475 00 To Tax Brewing Companies 1,080 00 By Ex. warrant on account School Fund, 1894 8,567 35 To Tax Commercial Agencies 405 00 By Ex. warrant on account School Fund, 1895 616,265 30 To Tax Insurance Brokers 195 06 By Ex. warrant on account School Fund, 1896 578,815 10 To Tax Wild Lands 47 07 By Ex. warrant on account Supreme Court Reports 5,000 00 To Supreme Court Costs 1,540 00 By Ex. warrant on account Supreme Court Reports certain volumes 1,400 00 To Sale 4 per cent. State Georgia Bonds 243,800 00 3,039,955 44 By Ex. warrant on account University Georgia 8,000 00 By Ex. warrant on account University Georgia for Colored, 1895 4,000 00 By Ex. warrant on account University Georgia for Colored, 1896 4,000 00 By Ex. warrant on account University Georgia Trustees 537 45 By Ex. warrant on account University Georgia, Sundry Schools, 1895. 15,350 00 By Ex. warrant on account University Georgia, Sundry Schools, 1896. 43,050 00 By Ex. warrant on account Widows Pensions, 1895 600 00 By Ex. warrant on account Widows Pensions, 1896 235,140 00 By Ex. warrant on account Pensions due Soldiers paid their Widows. 330 00 By Ex. warrant on account Geological Survey 7,663 89 By Ex. warrant on account Fertilizer Fund 6,799 92 By Ex. warrant on account Stenographer Attorney-General 600 00 By Ex. warrant on account State Attorney W. A. Railroad 2,000 00 By Ex. warrant on account Stationery General Assembly 378 65 By Ex. warrant on account Wild Land Tax Refunded 32 09 By Ex. warrant on account Codifying laws 5,979 08 By Ex. warrant on account Committee Privileges and Elections 184 00 By Ex. warrant on account Furnishing Members Statement of Bills 125 00 By Ex. warrant on account Paving done for State 2,089 08 By Ex. warrant on account Incidental Expenses General Assembly 112 41 By Ex. warrant on account Investigating Bribery Charges in Bush Bill 76 86 By Ex. warrant on account Western Atlantic R. R. Right of Way 3,576 97 By Ex. warrant on account Claim W. P. McClatchy 900 00 By Ex. warrant on account Expenses Running Elevator 100 00 By Ex. warrant on account Indexing Journals 150 00 By Ex. warrant on account Portrait of Toombs 1,000 00 By Ex. warrant on account Repairing Roof Capitol 500 00 By Ex. warrant on account Repairing Executive Mansion 250 00 By Ex. warrant on account Arithnometer and Typewriter Treas. Dept. 465 00 By Ex. warrant on account Indigent Confederate Soldiers 120,000 00 3,374,567 50 By Balance in Treasury October 1st, 1896 466,923 08 $ 3,841,490 58 $ 3,841,490 58

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INDEX TO PUBLIC LAWS. A APPROPRIATIONS Code Commissioners, reimbursement of 19 Code of 1895, printing and publishing 20 Georgia School for the Deaf 18 Support of government, 1897-1898 9 Supreme Court, furnishing rooms of Justices 18 B BANKS Amendment of charters 55 BIDDING For public work, hindering illegal 73 BONDS Surety on, certain corporations authorized to be 58 Tax-receivers, amount of reduced 38 BONDS, STATE Sinking fund for 33 BUILDING AND LOAN ASSOCIATIONS Act regulating business of amended 52 BURKE COUNTY SUPERIOR COURT Terms of changed 48 C CANDY Adulteration of prohibited 84 CENSUS Of certain cities, how taken 72

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CITY COURTS. Adjournment of, Act as to amended 47 Held at place other than court-house 50 CODE AMENDMENTS Section 918Bonds of tax-receivers 38 Section 943State depositories 39 Section 1288Election managers, payment of 40 Section 1656Females may be State Librarian 40 CODE COMMISSIONERS Appropriation to reimburse 19 CODE OF 1895 Appropriation for publication of 20 COMMISSIONER OF PENSIONS Office created 65 COMMON CARRIERS Railroad Commission authorized to compel giving of evidence as to 57 CONFEDERATE SOLDIERS Widows of, meaning of Act as to pensions for 67 CONSIGNMENTS Of farm products, payment for 70 COSTS Deposit of by non-residents 51 COUNTY SCHOOL COMMISSIONERS Salary of 71 COURTS Adjournment of, Act amended 47 Deposit of costs by non-residents 51 Held at place other than court-house 50

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Burke Superior Court, terms changed 48 Henry Superior Court, fall term changed 49 McDuffie Superior Court, terms changed 49 Pike Superior Court, fall term changed 50 D DEAF, SCHOOL FOR Admission of pupils, etc 83 DEEDS OF TRUST Securing debts, enforcement of 76 E EASTMAN State depository in 39 ELECTION MANAGERS Payment of 40 EVIDENCE Railroad Commission authorized to compel in certain cases 57 F FARM PRODUCTS Payment for consignments of 70 FEMALE May be State Librarian 40 FIRE INSURANCE COMPANIES Business of regulated 61 G GAME Protection of 74

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GEORGIA SCHOOL FOR THE DEAF Appropriation for deficit 18 GUARANTY COMPANIES May be surety on official bonds 58 H HENRY COUNTY Fall term Superior Court changed 49 I INSURANCE Business of fire companies regulated 61 M McDUFFIE COUNTY Superior Court, terms changed 49 MOULTRIE State depository in 39 MUNICIPAL TAXES Traveling salesmen, exemption from 36 N NAVAL MILITIA Organization and government of 86 NORTHEASTERN RAILROAD Sale of 81 P PENSIONS Commissioner of office created 65 Fees for obtaining, taking of punished 66 Widows of Confederate Soldiers, meaning of Act as to 67

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PIKE COUNTY Superior court of, fall term changed 50 PILOTS Port of St. Mary's, number of reduced 85 POISONING WATER Act prohibiting 84 PROFESSIONAL TAX Payment of required, before practising profession 37 PUBLIC DEBT Sinking fund for retiring bonds 33 PUBLIC ROADS Working of 78 PUBLIC WORK Competition for 73 R RAILROAD COMMISSION Authorized to compel giving of evidence in certain cases 57 RAILROADS R. R. Commission authorized to compel giving of evidence in certain cases 57 Receivers of, liability for injury to personal property 63 RECEIVERS OF RAILROADS Liability of, for injury to personal property 63 ROADS, PUBLIC Working of 78

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S SCHOLASTIC MONTH Meaning of defined 82 SCHOOL COMMISSIONERS Salary of 71 SCHOOL FOR THE DEAF Admission of pupils, etc 83 SCHOOLS Scholastic work defined 82 SHERIFF SUPREME COURT Salary of 46 ST. MARY'S Number of pilots for port of, reduced 85 STATE BONDS Sinking fund for 33 STATE DEPOSITORIES Established in certain cities 39 STATE LIBRARIAN Female may be 40 STATE NAVAL MILITIA Organization and government of 86 STATESBORO State depository in 39 SUPERIOR AND CITY COURTS Adjournment of, Act as to amended 47 Costs in deposit by non-residents 51

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Held at place other than court-house 50 Burke Superior Court, terms changed 48 Henry Superior Court, fall term 49 McDuffie Superior Court, terms 49 Pike Superior Court, fall term 50 SUPREME COURT Appropriation for rooms of justices 18 Organization, etc., under Constitutional Amendment 42 Practice in 45 Sheriff of, salary increased 46 Shorthand writers for 46 SURETYSHIP Of certain corporations on official bonds 58 T TAX-COLLECTORS Monthly reports and payments required 35 TAXES Fi. fas. against wild lands, sales under, suits affecting 75 General tax act 21 Professional, must be paid before practicing profession 37 Sinking fund to pay bonds, tax for 33 Tax-Collectors, monthly reports and payments by 35 Tax-Receivers, amount of bond reduced 38 Traveling salesmen, exemption from municipal tax 36 TAX-RECEIVERS Amount of bond reduced 38 TOCCOA State depository in 39 TRADE Trusts and combinations as to 68

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TRAVELING SALESMEN Exemption from municipal tax 36 TRUST DEEDS Securing debts, enforcement of 76 TRUSTS AND COMBINATIONS Act as to 68 W WATER Poisoning of prohibited 84 WIDOWS OF CONFEDERATE SOLDIERS Declaring meaning of Act as to pensions for 67 WILD LANDS Sales under tax fi. fas., suits affecting 75 WOMEN May be State Librarian 40

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Index to Corporations, Local and Private Laws. A ALBANY Charter amended 108 AMERICAN TRUST AND BANKING CO. Charter amended 98 AMERICUS Corporate limits changed 108 APPLING COUNTY Chain-gang, organization, etc. 322 ARABI Charter amended 109 ATLANTA Charter amended 110 ATLANTA AND WEST POINT R. R. CO. Charter amended 93 ATLANTA SAVINGS, LOAN AND TRUST CO. Charter amended 99 ATLANTIC, ATLANTA AND GREAT WESTERN R. R. AND NAVIGATION CO. Act incorporating re-enacted 96

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AUGUSTA Business taxes in 119 Recorder, powers of 119 Sidewalks, improvement of 121 Streets, use of by railroads 120 B BALDWIN Town of incorporated 122 BANK OF FORSYTH Charter amended 101 BARNESVILLE Public schools for 297 BATTLE HILL Charter of amended 124 BAXLEY Charter of amended 127 BIBB COUNTY County commissioners, salary of 271 County convicts, work by on streets of Macon 323 BOSTON Charter amended 134 BOWERSVILLE Town tax in 133 BUFORD New charter for 135 C CALHOUN Public schools for 298

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CHARLTON COUNTY County commissioners, board of created 272 CHATHAM COUNTY County commissioners, Act as to amended 274 COLQUITT Charter amended 143 COMMERCIAL BANK OF ALBANY Charter amended 101 CUMBELAND ISLAND Protection of fish, etc., in certain waters of 324 D DALTON Charter amended 145 DAVISBORO Charter amended 146 DEKALB COUNTY Board county commissioners abolished 274 E ELBERT COUNTY City court of abolished 286 ELBERTON City of incorporated 148 City court of established 287 F FINANCE BANKING CO. Charter amended 103

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FITZGERALD City of incorporated 157 FORT GAINES Dispensary for 183 FULTON COUNTY Public schools for 302 G GEORGIA COLLEGE OF ECLECTIC MEDICINE AND SURGERY Charter of amended 329 GEORGIA EMPIRE MUTUAL INSURANCE CO. Charter of amended 97 GEORGIA LOAN TRUST CO. Charter of amended 103 GEORGIA SECURITY AND BANKING CO. Charter amended 104a H HOMERVILLE New charter for 187 HOUSTON COUNTY Insolvent costs, how paid 276 J JEFFERSON Charter amended 191 JEFFERSON COUNTY Compensation of treasurer 277

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L LAVONIA Town of incorporated 192 LEE COUNTY County commissioners, salary of 278 M MACON Charter amended 199 MADISON Public Schools for 307 MERIWETHER COUNTY County treasurer, compensation of 279 MILLEN Bonds for public schools 309 MITCHEL Town of incorporated 209 MONROE City of incorporated 212 Town of, charter repealed 212 MOULTRIE Public schools for 311 N NORCROSS Public school bonds 314 O OAKLAND CITY Charter amended 225

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P PLAINS Town of incorporated 226 PULASKI COUNTY Board of county commissioners for established 279 R RACCOON Public school for 316 RICHMOND COUNTY Bond of treasurer 281 ROCHELLE City of incorporated 231 ROSWELL Public school bonds 318 ROYSTON Bonds for school buildings 320 S SAVANNAH Park and tree commission, Act as to amended 243 SPALDING COUNTY Insolvent costs 282 SUMMERVILLE Qualified voters of 246 Registration law for 245 T TALLAPOOSA New charter for 247

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TWIGGS COUNTY Ordinary of, compensation 282 V VALDOSTA Charter of amended 258 W WALTON COUNTY County commissioners, board of created 283 WESLEY MONUMENTAL CHURCH Grant of certain land to trustees of confirmed 330 WHIGHAM New charter for 261 WHITFIELD COUNTY Fishing in waters of 325 WILKES COUNTY Election managers and clerks, pay of 327 Insolvent costs 325 , 327 Y YATESVILLE Town of incorporated 266

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Index to Resolutions. Acts and Resolutions, publication of 351 Atlanta Electric Ry. Co., part of sum paid for charter refunded 335 Atlanta, Knox. Nor. Ry. Co, acquisition by, of rights in right of way of W. A. R. R. 346 Blue Ridge Atlantic R. R., relinquishment of State's claim against 333 Bryan, Hon. W. J., invitation to visit Georgia 348 Casual deficiencies of revenue, borrowing money for 349 Charlton county, collection of State tax suspended 354 Committee rooms, chairs for 349 Confederate soldiers, appropriations for pensions 355 Confederate soldiers, widows and minor children of, pensions to be paid 338 Contingent fund, deficiencies supplied 353 Crisp, Hon. C. F., resolutions as to death of 332 Darien Western R. R. Co., tax assessment 354 Deaf and Dumb Academy, name changed of committee as to, in Legislative Manual 332 Doorkeeper of House, pay of assistants 339 Doorkeeper of Senate, two assistants for 345 General Assembly, pay of members and officers, February session. 358 Good Roads Congress, delegates to 339 Hardeman, Hon. R. U., per diem to be paid widow of 336 Hardeman, Hon. R. U., portrait of accepted 338 Inaugural Ceremonies, appropriation for 337 Investigating Committee, expenses of 358 Journals, House and Senate, indexing of 334 Journals, House and Senate, indexing of 346 McIntosh County, collection State tax suspended 348

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Mexican war, pensions for veterans of 352 Owens, Mrs. Delila, pension to be paid 351 Penitentiary committee, pay of members and clerk 334 Post office clerks, classification of 350 Public buildings, appropriation for repairs of 349 Recess, General Assembly 355 350 Schoolbook Commission, appointment of 356 Senate Chamber, electric lighting 346 Snell, Mrs. Sarah, payment of pension to 354 State depot grounds at Chattanooga, proceeding to recover part of 341 State Normal School, balance due on appropriation to be paid for 336 State property at Atlanta, terms as proposed by city of Atlanta adopted 344 Tennessee Centennial, appropriation for 357 Unfinished business, General Assembly, completion of 340 Unfinished business, General Assembly, statement of to be sent members 352 University of Georgia, examination into amount received from Federal government 337 Walker, W. J., appropriation for 356 W. A. R. R., committee as to, continued 342 W. A. R. R., maps of, legislation as to, requested of Tennessee 343

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SUPERIOR COURT CALENDAR. Revised for 1897 by W. H. Harrison. ALBANY CIRCUIT. W. N. Spence, Camilla, Ga., Judge; W. E. Wooten, Albany, 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. McDuffieFirst Monday in March and September. ColumbiaFourth Monday in March and September. RichmondThird Monday in April and October. BurkeFirst and second Monday in April and October. BLUE RIDGE CIRCUIT. George F. Gober, Marietta, Ga., Judge; Thos. Hutcherson, Canton, Ga., Solicitor-General. MiltonFirst Monday in February and third Monday in August. ForsythThird Monday in February and fourth Monday in August.

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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. BRUNSWICK CIRCUIT. J. L. Sweat, Waycross, Ga., Judge; John W. Bennett, Jesup, Ga., Solicitor-General. ApplingFirst and second Mondays in March, and third and fourth Mondays in September. CamdenTuesday after the first 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. PierceFirst Monday in May and third Monday in November. WayneSecond Monday in May and fourth Monday in November. GlynnCommencing third Monday in May and first Monday in December, to continue as long as the business may require. CHATTAHOOCHEE 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. MuscogeeSecond Monday in May and November.

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CHEROKEE CIRCUIT. A. W. Fite, Cartersville, Ga., Judge; Sam. P. Maddox, Dalton, 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. EASTERN CIRCUIT. Robert Falligant, Savannah, Ga., Judge; W. W. Osborne, 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. Bloodworth, Forsyth, Ga., Solicitor-General. SpaldingThird Monday in January and first Monday in August. MonroeFirst Monday in February and fourth Monday in August. ButtsThird Monday in February and third Monday in August. PikeFourth Monday in March and first and second Mondays in October. HenryThird Monday in April and October.

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MACON CIRCUIT. W. H. Felton, Jr., Macon, Ga., Judge; Robert Hodges, 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. Gamble, Jr., Louisville, Ga., Judge; B. T. Rawlings, Sandersville, Ga., Solicitor-General. WashingtonFirst Monday in March and September. JohnsonThird Monday in March and September. TattanallSecond Monday in April and October. EmanuelThird Monday in April and October. BullochFourth Monday in April and October. JeffersonSecond Monday in May and November. ScrevenThird Monday in May and November. NORTHEASTERN CIRCUIT. J. J. Kimsey, Cleveland, Ga., Judge; Howard Thompson, Gainesville, Ga., Solicitor-General. HallThird Monday in January and July. RabunFourth Monday in February and August. HabershamFirst Monday in March and September. DawsonSecond Monday in February 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. NORTHERN CIRCUIT. Seaborn Reese, Sparta, Ga., Judge; R. H. Lewis, Sparta, 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.

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OCMULGEE CIRCUIT. John C. Hart, Union Point, Ga., Judge; H. G. Lewis, Greensboro, 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 August. DodgeSecond Monday in March and September. WilcoxFourth Monday in March and September. IrwinFirst Monday in April and November. TwiggsSecond Monday in April and October. TelfairThird Monday in April and October. MontgomeryFourth Monday in April and October. PATAULA CIRCUIT. H. C. Sheffield, Blakely, Ga., Judge; J. R. Irwin, Fort Gaines, 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. ROME CIRCUIT. W. M. Henry, Rome, Ga., Judge; Moses Wright, Rome, Ga., Solicitor-General. FloydThird Mondays in January and July, and holds four weeks; longer if necessary. WalkerThird Monday in February and August. ChattoogaSecond Mondays in July and January.

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SOUTHERN CIRCUIT. Augustin H. Hansell, Thomasville, Ga., Judge; W. E. Thomas, 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. Z. A. Littlejohn, Cordele, Ga., Judge; Frank A. Hooper, Americus, 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. Jno. S. Candler, Atlanta, Ga., Judge; W. T. Kimsey, Jonesboro, 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.

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PolkBeginning on the fourth Monday in February and August. DouglasBeginning on the first Monday in May and third Monday in November. WESTERN CIRCUIT. N. L. Hutchins, Lawrenceville, Ga., Judge; C. H. Brand, Lawrenceville, 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, 1903. SPENCER R. ATKINSON Associate Justice. Term to January 1, 1901. W. A. LITTLE Associate Justice. Term to January 1, 1901. A. J. COBB Associate Justice. Term to January 1, 1903. W. H. FISH Associate Justice. Term to January 1, 1899. Z. D. HARRISON Clerk. LOGAN BLECKLEY Deputy Cleark. HENRY C. PEEPLES Reporter. GEO W. STEVENS Assistant Reporter.